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Student Domestic Partners Policy

University Business Policies and Procedures Manual 3790
Adopted April 1995 by the University Counsel and Vice President for Student Affairs
Subject to Change Without Notice

1. General

The University of New Mexico is committed to providing equal employment and educational opportunities to all individuals. The “Equal Opportunity and Affirmative Action for Employees and Students” Policy 3100, UBP forbids unlawful discrimination based on sexual preference and other protected status. Therefore, the University must provide equal benefits to enrolled students with a domestic partner of the same gender. However, the University has determined that in the interests of fundamental fairness the definition of domestic partners will apply to all relationships akin to marriage, whether of the same gender or not. All University enrolled students who have a domestic partner as defined in Section 2., herein shall be provided services and benefits on the same basis provided to legal spouses.

2. Domestic Partners

The University defines domestic partners as two (2) individuals who live together in a long-term relationship of indefinite duration. There must be an exclusive mutual commitment similar to that of marriage, in which the partners agree to be financially responsible for each other’s welfare and share financial obligations.

2.1 Qualifying Criteria
To be recognized as domestic partners by The University of New Mexico, both individuals must meet all of the following criteria, sign an Affidavit of Domestic Partnership form (Exhibit A.), and submit any necessary documentation to the Dean of Students Office.

2.1.1 Both domestic partners must be unmarried.
2.1.2 Domestic partners must have been in a mutually exclusive relationship for the last twelve (12) months, intending to do so indefinitely, and must share the same primary residence.
2.1.3 Domestic partners must meet the age requirements for marriage in the State of New Mexico and be mentally competent to consent to contract.
2.1.4 Domestic partners must not be related by blood to the degree prohibited in a legal marriage in the State of New Mexico.
2.1.5 Domestic partners must be jointly responsible for the common welfare of each other and share financial obligations. An Affidavit of Domestic Partnership form (Exhibit A.) signed to that effect and proof of three (3) of the following must be submitted to the Dean of Students Office.

  • A joint mortgage or lease.
  • Joint ownership of a motor vehicle, joint bank account, or joint credit account.
  • Domestic partner named as beneficiary of life insurance.
  • Domestic partner named as beneficiary of retirement benefits.
  • Domestic partner named as primary beneficiary in the student’s will.
  • Domestic partner assigned durable property or health care power of attorney.
  • Household expenses are shared by both partners.
The University may require proof that those applying for status of domestic partnership meet the above requirements. Providing false information may result in disciplinary action, dismissal, and reimbursement of costs involved in providing benefit coverage.

2.2 Termination of Domestic Partnership
Individuals granted domestic partnership status must report any change in status that terminates the relationship to the Dean of Students Office, within thirty (30) calendar days, by completing a Termination of Domestic Partnership form (Exhibit B.).

3. Qualifying as a Dependent of Domestic Partners
The child of a domestic partnership qualifies as an eligible dependent.

  • if either of the domestic partners is the biological parent of the child,
  • if either or both partners are adoptive parents of the child,
  • if the child has been placed in the domestic partner’s household as part of an adoptive placement.

4. Services and Benefits
Domestic partners and their dependents, as defined in Section 3. herein, shall be granted all and the same services and benefits as those provided to married spouses and their dependents, except where expressly prohibited by law. All University policies that affect students, spouses and their families also apply to students, domestic partners, and their families.

For additional information about Student Domestic Partners, visit the Dean of Student's website: http://dos.unm.edu