POLICIES
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The policies section of the UNM Pathfinder is complied from 4 main policy guides and departmental input. The UNM Pathfinder Policies section should be used as a guide for the purposes of the sections below. The 4 policy guides cited are:
The University Business Policies and Procedures Manual (UBP Manual) is published to serve as a reference source for institutional policies and procedures. Please reference UBP for additional policy information at http://www.unm.edu/~ubppm/.
The Faculty Handbook is published by the Office of the University Secretary. Faculty, administrators, and staff are encouraged to visit http://handbook.unm.edu for current information and policies pertaining to university faculty.
The University of New Mexico Board of Regents' Policy Manual may be viewed at http://www.unm.edu/~brpm/.
The UNM Catalog may be viewed at http://www.unm.edu/~unmreg/catalog.htm or purchased in paper form at the UNM Bookstore.
CLICK HERE for a downloadable pdf version of the UNM Pathfinder Policies Section (60 pages)
Rights and Responsibilities at the University of New Mexico
Student Code of Conduct
Visitor Code of Conduct
Student Grievance Procedure
Graduate Student Grievance Procedure
Sexual Harassment Policy
Procedures for Redress of Sexual Harassment
Sexual Assault Policy
Student Employee Grievance Procedure
Student Records Policy
Equal Opportunity & Affirmative Action
Office of Equal Opportunity
Academic Adjustments for Students with Disabilities
Student Domestic Partners Policy
General Academic Regulations
Intellectual Property Policy
Policy on Illegal Drugs & Alcohol
Use and Possession of Alcohol on University Property
Smoking Policy
Acceptable Computer Use
Sustainability Policy
Chartered Student Organization Policy
Student ID Number
Photo ID Card Policy
Policy on Academic Dishonesty
Student Attendance/Class Absences
Policy on Military Withdrawal
Resident Status in NM
Weapons Prohibited on University Property
Animal Control on University Property
Bicycle and Other Nonmotorized Vehicles
Speakers from Off-Campus
Freedom of Expression and Dissent
Main Campus Rules for Outdoor Events, Sound, and Posting
Adopted by the UNM Regents Oct. 1965, revised Aug. 1970, Sept. 1975, Nov. 1981, July 1982.
The purpose of this statement is to help clarify relationships between the Regents and the Administration, Faculty, and Students of the University. "Management and control" of the University are vested in the Regents, and they are also charged with the authority and "duty to enact laws, rules, and regulations for the government of the University." Inevitably, the management responsibilities of the Regents must be delegated, and so is much of their authority to govern the affairs of the institution, subject to overall policy which they establish. In this situation, it may be helpful to have a statement of the position of the Regents on certain topics of current interest and concern.
1. The Regents recognize and approve:
a. The authority and responsibility of the Administration in all matters relating to the operation of the University;
b.The authority and responsibility of the Faculty, in cooperation with the Administration, to set educational policies, to select faculty personnel, and in general, in all matters relating to teaching and research;
c. The right and responsibility of the Students of the University to provide their own self-government with authority in the affairs of the student community.
2. There presently exist adequate procedures for determining most matters affecting University operation. In order that the University may function properly under the authority of those in direct charge of its activities, the Regents ordinarily will not interfere with actions of the Administration, the Faculty, or Student Government. The Regents cannot, however, ignore the responsibilities of management and control vested in them by the Constitution and laws of the State of New Mexico. Thus, they reserve unto themselves the right to consider and determine, if in the exercise of sound discretion it is deemed necessary, any matter relating to the University.
Appeals of Administration, Faculty, or Student decisions should be addressed in writing to the Regents via the president of the University. The Regents will consider such appeals as a body. In their discretion, the Regents may request written briefs or oral arguments, or both.
3. The Regents recognize and approve the right of free speech and honest expression of opinion on any subject by any member of the University community, whether the subject relates to on- or off-campus issues, but those who speak or act shall not do so in the name of the University or any of its organizations unless there has been specific authorization to do so.
4. Off-campus speakers, if approved in accordance with University regulations, should be allowed free expression of their views. Students with diverse points of view should permit such speakers to be heard without harassment.
5. Any member of the University community--student or member of the faculty or staff--is subject to discipline if he or she acts in such a way as to affect adversely the University’s educational function or to disrupt community living on campus. All authorized University activities are deemed to be part of its educational function. No member of the community has a right to interfere with another in the pursuit of an education or in the conduct of University duties and responsibilities.
The rights and responsibilities of each member of the University community, the same as every other citizen, are measured by the laws of our country. Respect for the law is fundamental and necessary for the preservation of our form of government. The Regents will take action to enforce this principle if it should be necessary.
Adopted by the UNM Regents April 14, 1992
Revision approved by the Regents May 12, 1995
It is important for all students to be aware of conduct that will lead to disciplinary action by the University. In order to clarify the types of conduct which shall be considered to affect adversely the University’s educational function, to disrupt community living on campus, or to interfere with the rights of others to pursue their education, to conduct their University duties and responsibilities or to participate in University activities, the Board of Regents hereby adopts the following Code of Conduct for students:
The University may take disciplinary action for an offense against the Code of Conduct when the offense occurs on University premises or at University-sponsored events, or when an offense which occurs off campus is such that in the judgment of the Dean of Students,1 failure to take disciplinary action is likely to interfere with the educational process or the orderly operation of the University, or endanger the health, safety or welfare of the University community.
The term "student" includes both full-time and part-time students pursuing undergraduate, graduate or professional studies.
Appropriate disciplinary procedures and sanctions shall be applied to any student who commits, or attempts to commit, any of the following acts of misconduct:
2.1. Actions which have great potential for physically harming the person or property of others, including that of the University, or which actually result in physical harm, or which cause reasonable apprehension of physical harm.
2.2. Any type of sexual assault including rape.
2.3 Making false representations to the University, including forgery and unauthorized alteration of documents; unauthorized use of any University document or instrument of identification.
2.4. Academic dishonesty, including, but not limited to, dishonesty in quizzes, tests, or assignments; claiming credit for work not done or done by others; hindering the academic work of other students; misrepresenting academic or professional qualifications within or without the University; and nondisclosure or misrepresentation in filling out applications or other University records.
2.5. Substantially interfering with the freedom of expression, movement or activity of others.
2.6. Initiating or causing to be initiated any false report, warning or threat of fire, explosion or other emergency. Misusing or damaging fire safety equipment on University premises.
2.7. Theft of property or of services. Possession of property that is known to be stolen.
2.8. Failure to comply with the lawful directions of University officials, including campus police officers and other law enforcement officials, acting in performance of their duties.
2.9. Willfully refusing or failing to leave the property of or any building or other facility owned, operated, or controlled by the University when requested to do so by a lawful custodian of the building, facility or property if the person is committing, threatens to commit or incites others to commit any act which would disrupt, impair, interfere with or obstruct the lawful mission, processes, procedures or functions of the University.
2.10. Unauthorized presence in or use of University premises, facilities or property, in violation of posted signs, when closed, or after normal operating hours.
2.11. Illegal use, possession, or distribution of any controlled substance, illegal drug or alcohol.
2.12. Use or possession of fireworks on University premises or at University-sponsored events, unless expressly authorized in writing by the President.
2.13. Use, possession or storage of any weapon on University premises or at University-sponsored activities, unless expressly authorized in writing by the President. Weapon includes, but is not limited to, firearms, ammunition, bombs, explosives, incendiary devices, or other dangerous weapons, substances or materials.
2.14. Misusing University computing resources by intentionally making or receiving, accessing, altering, using, providing or in any way tampering with files, disks, programs, passwords or hardware belonging to other computer users without their permission.
2.15. Violation of published or posted University regulations or policies, including but not limited to regulations prohibiting discriminatory activity.
2.16. Aid to others in committing or inciting others to commit any act mentioned above.
2.17. Action(s) or conduct which hinders, obstructs or otherwise interferes with the implementation or enforcement of the Code of Conduct including failure to appear before any of the University’s disciplinary authorities and to testify as a witness when reasonably notified to do so by an appropriate University officer.
2.18. Any other acts or omissions which affect adversely University functions or University-sponsored activities, disrupt community living on campus, interfere with the rights of others to the pursuit of their education, or otherwise affect adversely the processes of the University.
2.19. Violating the terms of any disciplinary sanction imposed in accordance with this Code.
Students’ rights under the state and federal constitutions are specifically acknowledged and affirmed, including the rights of freedom of speech, freedom of association, freedom of religion, and due process. The provisions of this Code of Conduct shall be construed so as not to infringe upon these rights, as those rights are defined by law.
4.1. Any student who violates any of the rules set forth in Section 2 above, shall be subject to warning (verbal or written), disciplinary probation, suspension, expulsion, dismissal from University employment, or being barred from campus. Student sanctions imposed under this Code of Conduct shall be imposed pursuant to the Student Standards & Grievance Procedure, or its successor.
4.2. As used in this subsection:
4.2.1. "Verbal warning" means an oral reprimand.
4.2.2. "Written warning" means a written reprimand.
4.2.3. "Disciplinary probation" means the establishment of a time period during which further acts of misconduct may or will result in more severe disciplinary sanctions depending on the conditions of the probation. Conditions of probation can include community service, attendance at workshops and/or seminars including but not limited to alcohol, drug or safety workshops and/or seminars, mandatory mental health evaluation and/or counseling or other educational sanctions.
4.2.4. "Suspension" means losing student status for a period of time specified in the terms of the suspension. A suspension may commence immediately upon a finding of a violation or it may be deferred to a later time.
4.2.5. "Expulsion" means losing student status for an indefinite period of time. Readmission may not be sought before the expiration of two years from the date of expulsion, and it is not guaranteed even after that time.
4.2.6. "Dismissal"means termination of student employment, either for a stated time period or indefinitely.
4.2.7. "Barred from campus" means being barred from all or designated portions of the University property or activities.
4.3 The sanction imposed shall be set based upon numerous factors, including the severity of the offense, the amount of harm created, the student’s record, and sanctions imposed in recent years for similar offenses. In considering the harm created, there shall be taken into account whether any harm or injury was targeted against a person or group because of that person or group’s race, color, religion, national origin, physical or mental handicap, age, sex, sexual preference, ancestry, or medical condition.
5. IMPLEMENTATION
The President of the University may adopt such procedures, rules or regulations as deemed necessary to implement this Code of Conduct.
1. All references to University officers, by title, in this Code shall also include the designee(s) of that officer.
Adopted by the UNM Regents April 14, 1992
Revision approved by the Regents May 12, 1995
It is important for all members of the University community to be aware of conduct that will lead to disciplinary action by the University. In order to clarify the types of conduct which shall be considered to affect adversely the University’s educational function, to disrupt community living on campus, or to interfere with the rights of others to pursue their education, to conduct their University duties and responsibilities or to participate in University activities, the Board of Regents hereby adopts the following Code of Conduct for visitors.
The University may take disciplinary action for an offense against the Visitor Code of Conduct when the offense occurs on University premises, as part of a University-sponsored event or in connection with University activities. "Visitor" means a person who is not a Regent or a student and is not employed by the University.
Appropriate disciplinary procedures and sanctions shall be applied to any visitor who commits, or attempts to commit, any of the following acts of misconduct:
2.1 Actions which have great potential for physically harming the person or property of others, including that of the University, or which actually result in physical harm, or which cause reasonable apprehension of physical harm.
2.2 Any type of sexual assault including rape.
2.3 Making false representations to the University, including forgery and unauthorized alteration of documents; unauthorized use of any University document or instrument of identification.
2.4. Substantially interfering with the freedom of expression, movement or activity of others.
2.5. Initiating or causing to be initiated any false report, warning or threat of fire, explosion or other emergency. Misusing or damaging fire safety equipment on University premises.
2.6. Theft of property or of services. Possession of property that is known to be stolen.
2.7. Failure to comply with the lawful directions of University officials, including campus police officers and other law enforcement officials, acting in performance of their duties.
2.8. Willfully refusing or failing to leave the property of or any building or other facility owned, operated, or controlled by the University when requested to do so by a lawful custodian of the building, facility or property if the person is committing, threatens to commit or incites others to commit any act which would disrupt, impair, interfere with or obstruct the lawful mission, processes, procedures or functions of the University.
2.9. Unauthorized presence in or use of University premises, facilities or property, in violation of posted signs, when closed, or after normal operating hours.
2.10. Illegal use, possession, or distribution of any controlled substance, illegal drug or alcohol.
2.11. Use or possession of fireworks, unless expressly authorized in writing by the President.
2.12. Use, possession or storage of any weapon unless expressly authorized in writing by the President or designee. Weapon includes, but is not limited to, firearms, ammunition, bombs, explosives, incendiary devices, or other dangerous weapons, substances or materials.
2.13. Misusing University computing resources by intentionally making or receiving, accessing, altering, using, providing or in any way tampering with files, disks, programs, passwords or hardware belonging to other computer users without their permission.
2.14. Violation of published or posted University regulations or policies, including but not limited to regulations prohibiting discriminatory activity.
2.15. Aid to others in committing or inciting others to commit any act mentioned above.
2.16. Action(s) or conduct which hinders, obstructs or otherwise interferes with the implementation or enforcement of the Code of Conduct.
2.17. Any other acts or omissions which affect adversely University functions or University-sponsored activities, disrupt community living on campus, interfere with the rights of others to the pursuit of their education, or otherwise affect adversely the processes of the University.
2.18. Violating the terms of any disciplinary sanction imposed in accordance with this Code.
Visitors’ rights under the state and federal constitutions are specifically acknowledged and affirmed, including the rights of freedom of speech, freedom of association, freedom of religion, and due process. The provisions of this Code of Conduct shall be construed so as not to infringe upon these rights, as those rights are defined by law.
4.1. Any person who violates any of the rules set forth in Section 3 above, shall be subject to warning (verbal or written), probation, denial of future University employment or admission, removal from campus, arrest, or being barred from campus. Additionally or alternatively, any sanction applicable to a student under the Student Code of Conduct may be provisionally applied to a visitor, to be made effective should the visitor ever enroll or re-enroll at the University.
4.2. As used in this subsection:
4.2.1. "Verbal warning" means an oral reprimand.
4.2.2. "Written warning" means a written reprimand.
4.2.3. "Probation" means the establishment of a time period during which further acts of misconduct may or will result in more severe sanctions depending on the conditions of the probation.
4.2.4. "Removal from campus" means being physically escorted or forcibly removed to a location off property owned or controlled by UNM, by UNM police officers or other UNM agents.
4.2.5. "Barred from campus" means being barred from all or designated portions of University property or activities.
4.3. The sanctions of denial of admission, readmission, or employment by the University, or barring from campus, will be applied only after notice and an opportunity for an informal hearing before a University officer appointed to review the matter by the President or his/her designee.
4.4 The sanction imposed shall be set based upon numerous factors, including the severity of the offense, the amount of harm created, the visitor’s record, and sanctions imposed in recent years for similar offenses. In considering the harm created, there shall be taken into account whether any harm or injury was targeted against a person or group because of that person or group’s race, color, religion, national origin, physical or mental handicap, age, sex, sexual preference, ancestry, or medical condition.
The President of the University may adopt such procedures, rules or regulations as deemed necessary to implement this Code of Conduct.
1. As used in this Policy:
a) "President" means the President (or acting President) of the University or any person or persons designated to act in his or her behalf for purposes of these rules.
b) "Official" means any person authorized by the President to act on behalf of the University.
c) "Student" means a person who is a student at the University in an undergraduate, graduate, or professional program on campus, whether for credit or no credit, full or part-time.
d) "Visitor" means any person on campus who is not a student or member of the faculty or staff.
e) "Person" means any student, member of the faculty or staff or visitor.
2. The President is authorized to declare a State of Emergency at the University upon a finding by him or her that the orderly processes of the University are seriously threatened. In making such a finding the President shall consider whether disrupting activities are such as to require immediate, extraordinary measures to safeguard persons or property or to maintain the University’s educational function. As soon as reasonably possible after the Declaration of Emergency, the President shall inform available Regents of his or her action. When the President determines that the serious threat has passed, he or she shall, after consultation with available Regents, declare the State of Emergency to be at an end.
3. a) During a State of Emergency, the President, in the exercise of reasonable judgment in the circumstances, is authorized to take whatever actions he or she finds necessary in order to safeguard persons or property or to maintain the University’s educational function. Such actions shall remain in effect during the State of Emergency unless sooner canceled by the President. During a State of Emergency, the President may, if in his or her judgment the circumstances warrant it, suspend University activities for a day or a portion thereof.
b) During a State of Emergency, the violation by any person of a presidential order or ruling under 3(a) of this Policy, or the commission during such State of Emergency of any act or acts of misconduct of the kind set forth in 6(a)(i) through 6(a)(xi) of the Regents’ Statement on Rights and Responsibilities will be considered an offense of the gravest nature, and sanctions (as listed in Section 6 of the Statement on Rights and Responsibilities) appropriate to the gravity of such offense or offenses shall be imposed.
c) A visitor who, after appropriate hearing, is found to have violated a presidential order authorized by Section 3 of this Policy may be denied admission to and employment by the University.
4. During a State of Emergency, any person who, after being requested to do so by a properly identified official and after being advised by such official of the sanction for failure to identify oneself, fails to identify himself or herself by name and status as a student, member of the faculty or staff, or visitor to such official shall have imposed upon him or her, after appropriate hearing, the sanctions set forth in Section 6 of the Statement on Rights and Responsibilities.
This policy has been approved by the Faculty Senate 3/10/87, ASUNM Senate 4/1/87, GSA Senate 5/2/87 and by the Board of Regents 8/11/87.
Revisions approved by the Faculty Senate in May 1994, by the President in May 1995. Revisions approved by the President March 5, 1999.
Revisions approved by the President June 19, 2001.
1.1. General
The UNM Student Grievance Procedure is intended to provide procedures for the resolution of disputes between students and faculty or staff of the University, as well as procedures for handling student disciplinary matters. The following categories of disputes or disciplinary matters are provided for in the sections indicated. Any question about these procedures should be directed to the Office of the Dean of Students.
1.2. Academic Disputes
Disputes arising within the academic process shall follow the procedures set forth in Article 2, unless they involve allegations of academic dishonesty (handled under Article 3).
1.3. Disciplinary Matters
Disciplinary proceedings brought against students, other than allegations of academic dishonesty, shall be handled under the procedures set forth in Articles 4 and 5.
1.4. Academic Record Disputes
Students seeking retroactive withdrawal, enrollment, or disenrollment or for other academic record changes, shall follow the procedures set forth in Article 8.
1.5. Law School and Health Science Center.
Disputes involving students of the Schools of Law or Medicine shall be handled under these procedures as modified in Article 9.
1.6. Branch Colleges
Student grievances or disciplinary matters arising on the branch colleges shall be handled under the Student Grievance Procedures and Student Disciplinary Procedures in effect on those campuses.
1.7. Discrimination Disputes
Grievances alleging discrimination based on race, color, religion, national origin, physical or mental disability, age, sex (including sexual harassment), sexual preference, ancestry or medical condition should be directed to the UNM Office of Equal Opportunity.
1.8. Other Matters Not Included Under These Procedures
1.8.1. Disputes involving access to or information in a student's educational records shall follow procedures set forth in the UNM Student Records Policy, published in the Pathfinder.
1.8.2. Grievances arising out of a student’s status as a University employee hired through the Student Employment Office shall follow procedures set forth in the UNM Student Employee Grievance Procedure, published in the Pathfinder.
1.8.3. Disputes involving matters occurring in the Residence Halls shall follow the procedures set forth in the Residence Hall Handbook in addition to this procedure.
1.8.4. Any student grievances concerning decisions made by University personnel, outside the academic process, for which specific procedures are not established, shall be resolved between the student and the office or department involved. If no resolution is reached the parties may appeal to the appropriate dean or director and then to the appropriate Vice President. Appeals should be filed in writing within one week of the decision.
1.8.5. Resolution of disputes of an academic nature initiated by graduate students shall follow the Graduate Student Grievance Procedures. Disputes arising from a graduate student’s status as a graduate assistant shall follow procedures in the Faculty Handbook.
1.8.6. Disputes transferred, referred, or appealed to the Student Conduct Committee pursuant to other official UNM procedures shall be heard by the Committee under the applicable articles of this procedure.
1.9. Reasonable deviations from these procedures by UNM will not invalidate a decision or proceeding unless significant prejudice results.
1.10. This Procedure may also be used to handle violations of the Visitor Code of Conduct by visitors to the campus who are not students, faculty, staff or Regents. For such cases, references to "students" in this Procedure shall be taken to refer to "visitor" and references to "Code of Conduct" or "Student Code of Conduct" shall be taken to refer to the "Visitor Code of Conduct."
2.1. Scope
This section sets forth the procedures which should be followed by a student who believes that he or she has been unfairly or improperly treated by a faculty member or by administrative staff in connection with the academic process. For example, it applies to disputes over assignment of grades, decisions about program or degree requirements or eligibility, or claims that course requirements are unfair.
2.2. Informal Resolution
2.2.1. The student should first try to resolve the grievance informally by discussing the grievance with the faculty or staff member as soon as reasonably possible after the student becomes or should become aware of the matter. If the student and faculty or staff member cannot reach agreement, the student should discuss the grievance with the chairperson of the department or division or with the staff member's supervisor. If the grievance is still not resolved, the student should discuss the grievance with the appropriate Dean. When the dispute arises from a particular course, the appropriate Dean is the Dean of the college offering the course.
2.2.2. In these informal discussions, the chairperson, supervisor, or Dean is encouraged to mediate the dispute actively. In particular he or she should talk to both the student and the faculty or staff member, separately or together, and should examine any relevant evidence, including any written statements the parties wish to submit.
2.2.3. These informal discussions shall be completed within four weeks after the student becomes or should become aware of the matter.
2.3. Formal Appeals of Academic Matters
If the informal discussions do not resolve the grievance, the student may bring a formal appeal using the procedures set forth in the following sections. This appeal process shall begin within one week following the informal discussions.
2.3.1. The student shall make a written complaint to the appropriate Dean, as defined in Section 2.2.1. The complaint shall describe the grievance, including a statement of what happened, and the student's reasons for challenging the action or decision. The complaint shall also describe the student's attempts to resolve the grievance informally. The student may attach copies of any relevant documents. The student shall send copies of the complaint to the faculty or staff member and his or her chairperson or supervisor. The faculty or staff member shall have two weeks to respond in writing to the Dean.
2.3.2. In deciding the appeal, the Dean shall receive and review any written evidence or statements submitted by the parties, and shall provide both parties the opportunity to review and respond to all evidence. The Dean shall interview each party and may interview other persons with relevant information. In his or her discretion, the Dean may decide to hold an informal hearing involving both parties and any witnesses. Where the dispute primarily concerns factual questions, rather than matters of academic judgment, the Dean should normally hold such a hearing. If a hearing is to be held, the Dean will give the parties five days notice. The student and/or faculty member shall be allowed to bring an advisor to the hearing, but legal counsel shall not be permitted. Cross-examination of witnesses shall be permitted, but the Dean may require that questions be directed through the Dean.
2.3.3. The Dean in his or her discretion may convene an advisory committee to hold a hearing or otherwise help him or her evaluate the dispute. For this purpose the Dean may utilize a standing committee appointed within the Dean's college.
2.3.4. The Dean shall issue a written decision explaining his or her findings, conclusions, and reasons for the decision. The decision shall be sent to each party, and to the chairperson or supervisor of the faculty or staff member. The decision shall be made within three weeks after the complaint is filed, unless an informal hearing is held, in which case the decision shall be made within four weeks.
2.3.5. Either party may appeal the Dean's decision within two weeks to the Provost. The Provost or his or her designee shall resolve the grievance utilizing any procedures available to the Dean set out above.
2.3.6. The chairperson, Dean, or Provost shall not overrule a faculty member's academic judgment. However, upon the student's request, the decision in the case shall be included in his or her student folder, on file in the Records Office.
2.3.7. The Provost in his or her discretion may refer the matter to the Faculty Ethics and Advisory Committee for consideration of disciplinary action against the faculty member involved, if such action appears warranted.
3.1. Scope
This section sets forth procedures which shall be followed in cases of suspected academic dishonesty. These procedures are not exclusive; various University departments and programs may have additional policies and procedures on academic dishonesty.
Academic dishonesty is defined in the Policy on Academic Dishonesty.
3.2. Academic Dishonesty within Courses: Faculty-Imposed Sanctions
3.2.1. When a violation of the academic dishonesty rules appears to have occurred within the academic process, the faculty member shall discuss the apparent violation with the student as soon as possible and give the student an opportunity to explain. After this discussion, the faculty member may impose an appropriate sanction within the scope of the academic activity, such as grade reduction and/or involuntary withdrawal from the course. The faculty member shall notify the student of the academic sanction. The faculty member should contact the Dean of Students Office to see if there are any prior incidents of academic dishonesty on file for that student. Such information should assist the faculty member in deciding whether to refer the case to the Dean of Students Office for disciplinary action beyond the faculty imposed-sanction.
3.2.2. The faculty member should report the matter in writing to the Dean of Students Office using the faculty adjudication form provided by that office, and indicate if he/she wishes the Dean of Students Office to pursue any additional disciplinary action against the student. A copy of such report shall be sent by the Dean of Students Office to the student.
3.2.3. The student may challenge a faculty-imposed sanction through the formal academic appeals process, set forth in Article 2. The student may appeal the decision of the Dean of the College to the Provost, as provided in Section 2.3.5. At the student's request, the Dean of the College and/or Provost shall hold an informal hearing as provided in Section 2.3.2. At such hearing, the student will be given a fair opportunity to explain the matter and, if the student desires, present witnesses with pertinent information or other evidence. The student may have the final decision included in his or her student folder, on file in the Records Office.
3.3. Academic Dishonesty in Other Settings
When academic dishonesty occurs other than in connection with a course, the person who observes or discovers the apparent violation shall transmit in writing to the Dean of Students a statement describing the occurrence. A copy shall be sent to the student. The Dean of Students shall determine the sanction following the procedures set forth in Section 3.4. This subsection does not apply to applicants who have not been admitted to the University.
3.4. Sanctions Imposed by the Dean of Students
3.4.1. Upon receiving a report of academic dishonesty from a faculty member pursuant to Section 3.2.2, or from other University staff pursuant to Section 3.3, the Dean of Students may, after considering the recommendation of the faculty member, if any, initiate additional disciplinary action in accordance with the procedures given in Article 4 and Article 5. A decision of either the Student Conduct Committee or the Judicial Affairs Specialist shall, however, be appealable to the Provost, rather than to the Dean of Students or the Vice President for Student Affairs.
4.1. Prohibited Conduct
The University may take disciplinary action against a student for a violation of the Student Code of Conduct when the offense occurs on University premises or at a University-sponsored event, or when the violation occurs off campus and failure to take disciplinary action is likely to interfere with the educational process or the orderly operation of the University, or endanger the health, safety or welfare of the University community. The term "student" includes both full-time and part-time students pursuing undergraduate, graduate or professional studies. Student status continues for the entire period of enrollment, including University holidays, class breaks and summer session, if the student is enrolled for the preceding spring and following fall academic terms.
The University may take disciplinary action for a violation of the Visitor Code of Conduct when the offense occurs on University premises, as part of a University-sponsored event or in connection with University activities. "Visitor" means a person who is not a Regent or a student and is not employed by the University.
4.2. Referral of Misconduct to Dean of Students Office
4.2.1. Allegations of misconduct in violation of the Code of Conduct should be referred to the Dean of Students Office which has primary authority to deal with disciplinary matters.
4.2.2. Upon referral, or upon his or her own initiative, the Judicial Affairs Specialist may review relevant evidence and consult with the person referring the allegation, the student accused, and any witnesses. The Judicial Affairs Specialist will send written notification to the accused student indicating the nature of the activity in which the student was allegedly involved, and what University rules were allegedly violated. The student will be given the opportunity to meet with the Judicial Affairs Specialist to respond. If the student fails to meet with the Judicial Affairs Specialist, the Specialist may decide the charges based upon the information available and/or place a hold on the student1s registration. The accused student will also be offered one or more of the following options to resolve the charges (either the third or fourth option will always be offered). If a student fails to select a hearing process, the Judicial Affairs Specialist will conduct an informal hearing under Section 4.2.2.2. The options for resolving the charges are:
4.2.2.1. An agreement to participate in a mediation process. This option is reserved for situations where all relevant parties in an incident agree to have a conflict resolved through mediation and sign an agreement to mediate. If all parties agree to this process and mediation is successful, a formal finding will not be issued with regard to the Code of Conduct charges. However, failure to fulfill the terms of a final mediation agreement could lead to reactivation of these charges and additional disciplinary action.
4.2.2.2. An informal hearing with the Judicial Affairs Specialist. This option allows the party to present evidence to the Judicial Affairs Specialist for consideration and suggest witnesses that the Judicial Affairs Specialist may consider interviewing before a decision is rendered. The Judicial Affairs Specialist may contact other individuals who have knowledge about the incident giving rise to the charges. The party waives the right to question such individuals or otherwise participate in an evidentiary hearing. Informal hearings are not tape recorded. Within three weeks of this hearing, the Judicial Affairs Specialist will send the party charged a letter which indicates the finding in the case and any disciplinary sanction imposed. The Judicial Affairs Specialist may find the party charged not responsible for violating the Code of Conduct, or may find the party responsible and impose a disciplinary sanction in accordance with Section 4 of the Code of Conduct.
4.3. Emergency Suspension and Banning from Campus
4.3.1. The Dean of Students Office may immediately suspend a student and/or ban a student or visitor if the Dean concludes that the person's continued presence on the campus may endanger persons or property or may threaten disruption of the academic process or other campus functions.
4.3.2. When a person has been immediately suspended or banned by the Dean of Students under this section the person may request that the Dean hold an informal hearing to consider whether the emergency suspension should be continued. The hearing shall be held as soon as possible (no later than one week) after the request. The Dean of Students shall give the person an opportunity to explain his or her position and shall receive evidence or hear from witnesses with pertinent information, if requested by the person.
4.3.3. After the hearing, if the Dean finds that the person's continued presence may endanger persons or property or threaten disruption of the academic process or other campus functions, the Dean shall continue the suspension and/or ban. Otherwise, the emergency suspension and/or ban shall be revoked.
4.3.4. An emergency hearing under this subsection is not intended to be a substitute for or to preclude the normal disciplinary sanctions and appeals process set out in this Article and in Article 5.
5.1. Jurisdiction
The Student Conduct Committee has jurisdiction over the following matters:
5.1.1. Disciplinary proceedings--when a party chooses the hearing option of a formal hearing before the Committee under Article 4 or when the Judicial Affairs Specialist refers the matter to the Committee under Article 4.
5.1.2. Appeals from the Student Court or other campus boards or committees, where appeal to the Student Conduct Committee is provided for in their rules or bylaws and that section of the rules or bylaws has been approved by the Dean of Students.
5.2. Composition
5.2.1. A hearing panel shall consist of five members, selected by the Committee Administrator, from a pool of faculty, undergraduate and graduate students. Each member will serve for one academic year. Faculty members will be named by the Faculty Senate. Undergraduate students will be named by ASUNM. Graduate students will be named by GPSA. Undergraduate student hearings will include at least two undergraduate student panel members. Graduate student hearings will include at least two graduate student panel members.
5.2.2. A party charged may be found responsible for violating the Code of Conduct by a majority vote of the hearing panel.
5.2.3. There will be an Administrator of the Committee to advise and assist the Committee and maintain all necessary records.
5.2.4. Members have the right to disqualify themselves from a case. If challenged by the person whose case is being heard, they may be disqualified for cause by the chairperson of the panel. A chairperson may be disqualified for cause by a majority of the other panel members.
5.3. Rules Governing Proceedings Before the Committee
5.3.1. Initiating Committee Proceedings
Proceedings before the Committee shall be commenced when a party who is charged with a violation of the Code of Conduct chooses an option of a hearing before the Student Conduct Committee, or when a case is referred to the Committee by the Judicial Affairs Specialist. The Administrator shall set a date and place for the hearing and notify those charged, the Committee and relevant witnesses as to the scheduling of the hearing while the University is in session, allowing those charged a reasonable time to prepare their cases, normally not to exceed two weeks.
5.3.2. Consideration of the Case by the Committee.
5.3.2.1. After hearing the evidence, the Committee may choose to continue the hearing at a later date if additional evidence or witnesses are needed. This continuance shall generally be for no more than three weeks.
5.3.2.2. The Committee shall deliberate in closed session. The Committee's decision shall be based solely on the evidence provided during the hearing. The Committee's decision will be conveyed by letter to the party charged within two weeks after the conclusion of deliberations.
6.1 The following rules shall apply to formal hearings conducted by the Judicial Affairs Specialist and to Student Conduct Committee hearings:
6.1.1 The hearing shall be private.
6.1.2 The party who is charged with violating the Code of Conduct is responsible for presenting his or her case; advisors (including attorney advisors) are therefore not permitted to present arguments or evidence or otherwise participate directly in the hearing.
6.1.3 The Judicial Affairs Specialist and Student Conduct Committee members may question the party charged.
7.1. Appeal to Dean of Students
7.1.1. Decisions of the Student Conduct Committee or the Judicial Affairs Specialist are final, unless a sanction of probation, suspension, expulsion or banning from campus is imposed. A person receiving such a sanction may appeal the decision of the Judicial Affairs Specialist under Article 4 or the decision of the Student Conduct Committee under Article 5 by filling out an appeal form at the Dean of Students Office. This form must be completed and submitted to the Dean of Students within five working days of the party receiving the written decision of the designee or Committee. Grounds for appeal are: insufficient evidence, inappropriate sanctioning, a procedural error in the hearing process, or new evidence that has arisen since the initial hearing. New evidence may be grounds for appeal only if conditions made it impossible to present the evidence at the hearing. On appeal the Dean of Students shall review the evidence and findings of the Judicial Affairs Specialist or the Student Conduct Committee, depending upon who heard the case. The Dean of Students may schedule an appointment with the party appealing within two weeks of receiving the appeal form to discuss the reasons for the appeal.
7.1.2. After reviewing the case, the Dean of Students may:
7.1.2.1. Affirm or overturn the finding of the Judicial Affairs Specialist or the Student Conduct Committee.7.1.2.2. Affirm or alter the sanction imposed by the Judicial Affairs Specialist or the Student Conduct Committee.
7.1.2.3. Remand the case to the original tribunal (Student Conduct Committee or Judicial Affairs Specialist) for further proceedings. A remand will generally occur where new evidence is to be reviewed or as otherwise determined by the Vice President of Student Affairs. Where a case is remanded, the decision of the Student Conduct Committee or Judicial Affairs Specialist may be appealed after rehearing to the Vice-President for Student Affairs whose decision shall be final.7.1.2.4. The Dean of Students shall send written notification of the decision to the appealing party within two weeks of meeting with the appealing party. A copy of the decision shall be sent to either the Judicial Affairs Specialist or Administrator of the Committee, dependent upon which hearing option was utilized.
7.1.3 The Dean of Students decision is final except when the sanction imposed on a student is suspension or expulsion.
7.2. Appeal to Vice President
7.2.1. A student who has been suspended or expelled may appeal the decision of the Dean of Students to the Vice President for Student Affairs by filling out an appeal form at the Office of the Vice President for Student Affairs. This form must be completed and submitted to the Vice President for Student Affairs within five working days of the party receiving the written decision of the Dean of Students. Grounds for appeal are: insufficient evidence, inappropriate sanctioning, a procedural error in the hearing process, or new evidence that has arisen since the appeal to the Dean of Students. . New evidence may be grounds for appeal only if conditions made it impossible to present the evidence at the hearing. On appeal the Vice President for Student Affairs shall review the evidence in the case and the findings of the Judicial Affairs Officer or Committee and the Dean of Students. The Vice President for Student Affairs may schedule an appointment with the party appealing within two weeks of receiving the appeal form to discuss the reasons for the appeal.
7.2.2. After reviewing the case, the Vice President for Student Affairs may:
7.2.2.1. Affirm or overturn the finding of the Dean of Students.
7.2.2.2. Affirm or alter the sanction imposed by the Dean of Students.
7.2.2.3. Remand the case to the original tribunal (Student Conduct Committee or Judicial Affairs Specialist) for further proceedings. A remand will generally occur where new evidence is to be reviewed or as otherwise determined by the Dean of Students. Where a case is remanded, the decision of the Student Conduct Committee or Judicial Affairs Specialist may be appealed after rehearing to the Vice-President for Student Affairs whose decision shall be final.
7.2.2.4. The Vice President for Student Affairs shall send written notification of the decision to the appealing party within two weeks of meeting with the appealing party. A copy of the decision shall be sent to the Dean of Students.
7.3. Student and Visitor Conduct Records
7.3.1. Records regarding student conduct shall be kept in the Dean of Students Office for a period of ten years after final disposition, except for records of expulsions which shall be permanently maintained. Records regarding action taken against visitors to the University will be permanently maintained. Tape recordings of formal hearings and Student Conduct Committee hearings will be maintained in the Dean of Students Office for the same time period as the written records pertaining to the case.
7.3.2. Copies of the final decision shall, in an academic dishonesty case, be sent to the faculty member.
7.4. Rights of Those Charged with Violations of the Code of Conduct
7.4.1. Those charged with violations of the Code of Conduct have rights which are protected throughout the hearing process. The rights of these parties include:
7.4.1.1. The right to be notified in writing of the charges against him or her with sufficient detail and time to prepare for a hearing.
7.4.1.2. The right to a timely hearing before an appropriate official or committee.
7.4.1.3. The right to know the nature and source of the evidence used in a hearing process.
7.4.1.4. The right to present evidence in his or her own behalf.
7.5. Rights of Victims
7.5.1. Victims in a student discipline case have rights which are protected throughout the hearing process. The rights of victims include:
7.5.1.1. The right to have a person of their choice accompany them throughout their participation in the discipline process.
7.5.1.2. The right to submit a victim impact statement to the hearing officer or committee during the sanctioning portion of the discipline process.
7.5.1.3. The right to have past irrelevant behavior excluded from the discipline process.
7.6. Rights of Sexual and Physical Assault Victims
7.6.1. Because of the serious nature of the alleged action, victims of sexual or physical assaults also have these additional rights.
7.6.1.1. With a recommendation from a licensed mental health counselor, victims may testify from another room as long as it does not infringe upon the accused student's right to confront and question witnesses.
7.6.1.2. The right to be notified in writing of the final determination and any sanctions imposed as a result of the discipline process once a confidentiality agreement is signed.
7.6.1.3. The right to be informed of options to notify law enforcement authorities on and off campus as to the incident and to be assisted in doing so by campus officials.
7.6.1.4. The right to be informed of the options for any available assistance in making reasonable changes in academic and on-campus living situations.
8.1. Scope
This section sets forth the procedures which should be followed by a student seeking retroactive withdrawal, enrollment, or disenrollment, or for other academic record changes involving exceptions to the rules governing registration and academic records which are set forth in the University Catalog. It does not cover disputes involving academic judgment.
8.2. Petitions
8.2.1. A student seeking a change in his or her academic record within the scope of this article shall submit a petition to the Records Office under the Admissions and Registration Subcommittee. The petition shall state the nature of the request, and shall specify the semester involved, the course and section number, the student's name, I.D. number, mailing address and telephone number. The petition should state the reason for granting the request, and shall include documentation of extenuating circumstances, such as medical, family, or employment needs. The petition shall be typed and signed.
8.2.2. Upon receipt of the petition, the Records Office shall forward a copy of the petition to the instructor of the course. The instructor shall make any response within three weeks of receipt. If the instructor has not responded within three weeks, the Subcommittee shall proceed without the instructor's response.
8.2.3. Within one week of receipt of the instructor's response (or lack of response), the Subcommittee shall take action on the petition. If the Subcommittee denies the petition, it shall issue a brief statement giving the reasons for the denial.
8.3. Faculty Grade Petition Committee
8.3.1. The Faculty Grade Petition Committee shall review any petition referred to it by the Subcommittee under 8.2.3. or appealed by a student under 8.2.4.
8.3.2. The Faculty Grade Petition Committee is a subcommittee of the Admissions and Registration Committee. The Faculty Grade Petition Committee shall be composed of five members of the Admissions and Registration Committee, at least three of whom shall be faculty. Members of the Faculty Grade Petition Committee shall be appointed by the Admissions and Registration Committee.
8.3.3. The student may submit to the Faculty Grade Petition Committee a written response to the Subcommittee's decision and/or instructor's response. The Committee may contact the student, the instructor, and/or the Subcommittee for oral or written comments. Copies of written materials submitted by any of the above parties shall be sent to the other parties.
8.3.4. Within three weeks of its receipt of the petition, the Committee shall grant or deny the petition. If the Committee denies the petition, a brief statement giving reasons for the denial shall be issued.
8.3.5. The student may appeal a denial of the petition by the Grade Petition Committee to the Faculty Admissions and Registration Committee. Letters of appeal shall be addressed to the Chair of the Committee and delivered to the Records Office.
8.4. Admissions and Registration Committee
8.4.1. The Admissions and Registration Committee shall review any petition appealed by a student under 8.3.5.
8.4.2. The Admissions and Registration Committee is composed of members of the faculty, administration, deans and students. Its composition is set forth in the Faculty Handbook.
8.4.3. The Admissions and Registration Committee shall grant or deny the petition under the procedures set forth in 8.3.3. and 8.3.4. The Committee's decision shall be final.
9.1. Introduction
These Student Grievance Procedures, to the extent applicable, shall apply to all University of New Mexico units. Because of differences in administrative structure, however, some modification to these rules is necessary. The following sections identify those modifications.
9.2. Law School
9.2.1. Article 3 shall not apply to law students. Instead, the Law School's Student Code of Conduct shall govern cases of academic dishonesty.
9.2.2. Article 8 shall not apply to law students. Rules governing course changes and removal of incomplete grades are contained in "Important Information for Students," distributed to all law students. Students seeking exceptions to the rules should contact the Law School Administrative Coordinator.
9.2.3. In cases of disciplinary violation which violate the Law School's Student Code of Conduct, the Law School Student Code of Conduct shall apply in lieu of Article 4.
9.2.4. Any decision made pursuant to Section 9.2 shall be reviewable by the President and the Regents according to Section 10.5.
9.3. Medical School
9.3.1. Decision makers at the Medical School
9.3.1.1. Any role assigned to the chairperson of a department shall be omitted.
9.3.1.2. Any role assigned to the Dean of a College shall be carried out by the Assistant Dean for Student Affairs.
9.3.1.3. Any role assigned to the Student Discipline Officer shall be carried out by the Assistant Dean for Student Affairs.
9.3.1.4. Any role assigned to any Vice President shall be carried out by the Dean of the Medical School.
9.3.1.5. Any role assigned to the Student Conduct Committee shall be carried out by the Medical School's Curriculum Committee.
9.3.2. Article 5, governing the Student Conduct Committee, shall govern proceedings of the Curriculum Committee under these procedures, except that members of the Committee shall be faculty, students, and administrators from the Medical School. Members of the Curriculum Committee are chosen by the Dean of the Medical School.
9.3.3. Article 8, Academic Records Dispute, shall apply to Health Science Center students, with the following modifications:
9.3.3.1. Any role assigned to the Records Office or the Dean of Admissions and Records shall be carried out by the Assistant Dean for Admissions.
9.3.3.2. Any role assigned to the Grade Petition Committee shall be carried out by the appropriate Steering Committee.9.3.3.3. Any role assigned to the Admissions and Records Committee shall be carried out by the Curriculum Committee.
10.1. Time Limits and Extensions
10.1.1. Unless stated otherwise or extended in writing, the time limit for a decision maker to issue a decision is three weeks if no hearing is held and four weeks if a hearing is held.
10.1.2. Unless stated otherwise in these rules or extended in writing under 10.1.4. the time limit to file an appeal is two weeks after the decision appealed. If the decision is given in person, the two-week period shall begin at that time. If the decision is mailed, the two-week period shall begin on receipt, which shall be presumed to be three days after mailing.
10.1.3. If a time limit is exceeded by a decision-maker, the student may appeal to the next step before receiving a decision. If a time limit is exceeded by the student, he or she shall lose the right to proceed unless he or she can demonstrate unusual circumstances justifying the delay and the failure to request an extension in a timely manner.
10.1.4. In any procedure governed by these rules, time limits shall be suspended in the following circumstances:
10.1.4.1. For good cause, the appropriate Dean or Vice President shall extend any time limit set forth in these rules. Good cause shall include the fact that a deadline falls during finals week or during a period such as vacations, holidays, intersessions, or summer session if parties or decision-makers are absent from the University. Any such time extension shall be communicated in writing to all interested parties, along with a new written schedule.
10.2. Jurisdiction Disputes
If there is any question as to which set of procedures should govern a grievance, the party bringing the grievance shall select the procedures that seem appropriate. If any other party believes the grievance should be resolved under different procedures, that party shall request a transfer. The decision-maker initially selected shall resolve the jurisdictional issue first, consulting with the alternative decision-maker, if appropriate. The decision-maker shall either retain jurisdiction or transfer the grievance to the alternative procedure.
If an alternate (transferee) decision maker or a party challenges the jurisdictional decision, the jurisdiction shall be decided jointly by the Provost, Vice President for Student Affairs, and the University Counsel, or their designees. Their decision shall be final. The jurisdictional issue shall be resolved within one week, during which other time limits shall be suspended. Where appropriate, a dispute may be severed into separate issues to be resolved concurrently under separate procedures.
10.3. Former Students
These procedures apply to disputes between students and other members of the University community. If the student has left the University community (by graduation or otherwise), these procedures shall continue to apply so long as the event giving rise to the dispute occurred while the student was a member of the University community and so long as the University has the power to resolve the matter. The University retains the right to change grades or rescind degrees, when, after the grade or degree has been awarded, it discovers new information indicating that the grade or degree was earned improperly.
10.4. Designees of Deans or Vice Presidents
Whenever these regulations specify submission of a dispute or decision to a Dean or Vice President, that individual may delegate consideration and decision of the matter to a designee. Such designee shall normally be a member of the decision-maker's staff.
10.5. Review by the President and the Regents
10.5.1. The parties' right to appeal decisions under these procedures terminates where indicated herein. However, the President has the discretionary authority to review all decisions at the Vice Presidential level or below, and the Regents have the discretionary authority to review all decisions of the President. The President and the Board of Regents normally review grievance or disciplinary decisions only in extraordinary cases, such as where proper procedures have apparently not been followed, where the decision appears to be unsupported by the facts, or where the decision appears to violate University policy.
10.5.2. Requests for review made to the President or the Regents normally will be considered only after the normal avenues of appeal have been completed. Requests shall be made by written statement, including the facts, the proceedings below, and the reasons justifying extraordinary review. Such requests should be filed in the President's Office within one week of receipt of the decision.
10.5.3. If review is granted, appropriate procedures shall be set by the President or the Regents. The procedures shall be communicated to the parties in advance, and shall provide each party the opportunity to explain his or her position orally and/or in writing. New evidence (such as additionally documents or testimony of witness) will not normally be taken by the President or Regents.
10.6. Conflict with Other Procedures
In the event these procedures conflict with previously adopted policies and procedures, these procedures shall take precedence.
Approved by Faculty Senate Graduate Committee 10/20/1994
Revisions approved March 6, 1997 by Faculty Senate Graduate Committee
The Graduate Student Academic Grievance (GSAG) Procedures have been established to address complaints, disputes, or grievances of an academic nature initiated by students enrolled in graduate degree programs at the University of New Mexico. Although conflicts that on occasion occur between students and faculty or administrators may be resolved through formal adjudication, a more informal and productive kind of resolution -- one that is mutually agreed upon by the parties involved -- is strongly encouraged.
The GSAG procedures are available for the resolution of a variety of possible issues related to the academic process. These may include, but are not limited to, issues related to progress toward a degree and allegedly improper or unreasonable treatment, except that grievances based upon alleged discrimination or sexual harassment should be directed to the Office of Equal Opportunity (OEO). The procedures may not be used to challenge the denial of admission to a degree program, nor to appeal the refusal of a petition by the Dean of Graduate Studies for an exception to University-wide degree requirements, policies or procedures.
1. A student with a complaint related to academic matters is encouraged to consult with the Office of Graduate Studies to discuss his/her concerns, seek to clarify pertinent rules and regulations governing graduate study, and explore constructive ways to resolve the problem directly with the faculty member or administrator involved. This should occur as soon as reasonably possible after the student has become aware of the problem.
2. The student should then arrange a meeting with the faculty or administrator involved in the complaint to address the problem and to explore the possibility of a jointly achieved resolution.
3. If agreement cannot be reached, the student may seek the assistance of the departmental faculty graduate advisor and/or the chair in resolving the dispute. If the dispute is with a faculty member in a department different from the student’s, the appropriate chair or advisor would be in the department in which the faculty member resides or in which the course in which the dispute arose was offered. It is expected that these administrators will play an active part in helping to resolve the disagreement. In the event that the graduate unit involved is non-departmentalized, the student may go directly to the dean or director of that unit for assistance.
4. If the matter cannot be resolved at the departmental level, the student may bring the problem to the attention of the school or college Dean. The school or college Dean will determine whether to adjudicate the dispute or to refer the student to the Dean of Graduate Studies for a resolution If the dispute is with a faculty member in a school or college different from the studentís, the appropriate dean would be the one in the unit in which the faculty member resides, or in which the course in which the dispute arose was offered.
In the resolution of grievances at the level of a school or college Dean or the Dean of Graduate Studies, the following procedures will apply, as described also in the Pathfinder, under “Student Grievance Procedure,” Sections 2.3.1. - 2.3.7.
a. The student must submit a formal, written statement of his/her grievance. This document should summarize the facts that support the grievance, indicate the desired resolution, and describe the efforts already made at reaching that resolution, as well as their outcome. The faculty or staff member against whom a grievance has been filed will be sent a copy of the written statement, and will have two weeks in which to respond in writing to the Dean.
b. The Dean will review all written materials submitted, and provide both parties the opportunity to review and respond to all evidence. The Dean will interview each party, as well as any other persons who may have relevant information. The Dean may elect to hold an informal hearing involving both the parties to the grievance and witnesses. If such a hearing is held, the parties will be given five days notice. Each party will be allowed to bring an advisor to the hearing, but will not be permitted legal representation. Cross examination of witnesses will be permitted, although the Dean may require that questions be directed though him/her.
c. The Dean may choose to convene an advisory committee to help evaluate the grievance. A school or college Dean may utilize a standing committee from that unit; the Dean of Graduate Studies will utilize the Senate Graduate Committee.
d. Generally, a written report on the grievance will be issued by the Dean within a period of four weeks after it has been formally filed. (This period may be extended to allow for University holidays or other periods when the University is not in session.) The report will explain the Dean’s findings, conclusions, his/her decision, and the basis for that decision. A copy will be sent to each party, and to the chairperson or supervisor of the faculty or staff member involved.
e. The decision of the Dean may be appealed by either party to the Office of the Provost within a period of two weeks. The Provost will reconsider that decision only if there are substantive, procedural grounds for doing so (for example, significant evidence that was not accepted or has arisen since the Dean’s decision was announced). The decision of the Provost is final.
Petition to Modify Academic Requirements
Graduate students may petition the Dean of Graduate Studies for an exception to any of the University-wide policies or regulations specified in the University Catalog. Petitions are intended to allow students the opportunity to deal with unusual or extraordinary events, particularly circumstances beyond their control, that would penalize them unfairly. It should be kept in mind, however, that a hallmark of fairness is the uniform application of the same standards and deadlines to all students.
A petition should be initiated and signed by the student in the form of a memo or letter addressed to the Dean of Graduate Studies. It should clearly state the specific nature of the exception or special consideration being requested, and provide a complete but concise justification. If the request involves the extension of a deadline, a proposed new deadline date should be indicated. Before considering a petition, the Dean will require that the student have an approved "Application for Candidacy" on file at the office of Graduate Studies (OGS). If this has not already been submitted, both documents may be turned in simultaneously, with the petition attached to the front.
Petitions must be submitted in the sequence listed below:
1. The student must first submit the petition to his/her graduate advisor. The advisor should indicate whether he/she endorses the student’s request, and why.
2. The petition must next be submitted to the student's graduate unit -- the faculty graduate director, the chair, or the departmental graduate committee, depending upon the practice in the particular unit. The student may choose to submit the petition to the graduate unit even if it was not endorsed by the advisor. The unit should also indicate whether it supports or does not support the student’s request, and why.
3. The petition should then be forwarded to the Office of Graduate Studies. The student may choose to submit the petition to the OGS even if it was not supported by his/her academic unit. In certain cases, the Dean or his/her designee may ask the Senate Graduate Committee, serving in an advisory capacity, to review the petition and offer its recommendation for approval or disapproval. The decision of the Dean is final.
A written response to a petition will usually be mailed to the student within two weeks from its receipt by OGS, and a copy sent to the academic unit. (This period may be extended to allow for University holidays or other periods when the University is not in session.) The original petition will be retained in the student's file at OGS. Petitions that are lacking required documentation will be returned to the student, and will not be considered until all documentation has been received. Inquiries regarding the status of a petition should be directed to the Academic Records Assistant at (505) 277-2714.
Approved by the University of New Mexico
Board of Regents 8/9/88, the Faculty Senate 12/8/87, Revised 10/26/94
Questions about sexual harassment can be answered by the Office of Equal Opportunity, 277-5251, 609 Buena Vista NE.
This policy statement is contained in the University Business Policies and Procedures Manual, 3780.
2.2. Determination
In determining whether the alleged conduct constitutes sexual harassment, consideration should be given to the record as a whole and to the totality of the circumstances, including the nature of the sexual advances and the context in which the alleged incidents occurred.
2.3. Retaliation
Retaliation against an employee or student for filing a sexual harassment complaint is grounds for a subsequent harassment complaint.
2.4. Other Violations
The University also disapproves of intimidating conduct of a sexual nature which does not rise to the level of the above definition of sexual harassment and which has a detrimental but limited impact on the work environment. Such conduct may include isolated sexual remarks, sexist comments, or inappropriate physical behavior of a sexual nature. Such conduct should be strongly and actively discouraged by responsible supervisors.
While sexual harassment most often takes place in a situation of power differential between the persons involved, this policy recognizes also that sexual harassment may occur between persons of the same University status: student-student, faculty-faculty, staff-staff. While the vast majority of victims are female, and while the vast majority of offenders are male, the prohibition of sexual harassment applies regardless of the genders of the parties.
Sexual harassment is especially serious when it threatens the relationship between student and teacher or the relationship between a supervisor and his or her subordinates. Through grades, wage increases, recommendations for graduate study, promotion, and the like, a teacher or supervisor can have a decisive influence on a student's or employee's success and future career at the University and beyond.
Disputes involving work-related allegations of sexual harassment that cannot be resolved in the workplace or with the aid of the second level supervisor will normally be handled by the office of Equal Opportunity Programs in cooperation with the Dispute Resolution Coordinator. The office of Equal Opportunity Programs will decide the proper method of handling the allegations. They are available to discuss the incident(s), assist in evaluating whether the conduct appears to be sexual harassment, and explain the options available, such as filing a formal complaint of sexual harassment, etc.
The Office of Equal Opportunity (OEO) has an established procedure to address reported incidents of sexual harassment in compliance with Title IX of the Educational Amendments of 1972 as well as other claims of discrimination under Title VII of the Civil Rights Act of 1964. Claims of sexual harassment by students against staff, faculty (including Teaching Assistants), another student, or third parties (e.g., someone who is not a student or employee of the University) should be reported directly to the OEO. The OEO is the University’s compliance office for Title IX and Title VII and must respond to all reported incidents of sexual harassment. The OEO will evaluate all reports of sexual harassment to determine whether or not the conduct fits within the definition of sexual harassment recognized by University policy. If so, the OEO will proceed with processing reported incidents through the application of informal measures, or when warranted, a formal investigation. In those situations where the circumstances warrant a formal investigation, a final determination will be issued by the OEO at the conclusion of the investigation. The Director of OEO, serves as the Title IX Coordinator for the University. OEO staff are available to respond to questions about the University’s sexual harassment policy and procedure. The OEO is located at 609 Buena Vista NE. The telephone number is (505) 277-5251, website is: http://www.unm.edu/~oeounm/ .
Approved by the President 10/7/95
Updates were pending at the time of printing.
This policy provides for The University of New Mexico main and branch campuses:
A. A description of educational programs to promote the awareness of rape, acquaintance rape, and other forcible and non-forcible sex offenses.
B. Procedures students should follow if a sex offense occurs, including procedures concerning who should be contacted, the importance of preserving evidence for the proof of a criminal offense, and to whom the alleged offense should be reported.
C. Information on a student's option to notify proper law enforcement authorities, including on-campus and local police, and a statement that institutional personnel will assist the student in notifying these authorities, if the student requests the assistance of these personnel.
D. Notification to students of existing on and off campus counseling, mental health, or other student services for victims of sex offenses.
E. Notification to students that the institution will change a victim's academic and living situations after an alleged sex offense and of the options for those changes, if requested by the victim and reasonably available.
F. Procedures for campus disciplinary action in cases of an alleged sex offense, including a clear statement that:
1. The accuser and the accused are entitled to the same opportunities to have others present during a disciplinary proceeding.
2. Both the accuser and accused shall be informed of the final determination of a disciplinary proceeding with respect to the alleged sex offense and any sanction that is imposed against the accused (see VIII. 5.).
3. Sanctions the institution may impose following a final determination of an institutional disciplinary proceeding regarding rape, acquaintance rape, or other forcible or non forcible sex offenses.
The University of New Mexico main campus and branch campuses adopt, for the purpose of this policy, the following definitions for sex offenses as prescribed by The Student Right to Know and Campus Security Act:
Sex Offense - Forcible
A. Forcible rape - The carnal knowledge of a person, forcibly and/or against that person's will; or not forcibly or against the person's will where the victim is incapable of giving consent because of his/her temporary or permanent mental or physical incapacity (or because of his/her youth).
B. Forcible sodomy - Oral or anal sexual intercourse with another person, forcibly and/or against that person's will; or not forcibly against the person's will where the victim is incapable of giving consent because of his/her youth or because of his/her temporary or permanent mental or physical incapacity.
C. Sexual assault with an object - The use of an object or instrument to unlawfully penetrate, however slightly, the genital or anal opening of the body of another person, forcibly and/or against that person's will; or not forcibly or against the person's will where the victim is incapable of giving consent because of his/her youth or because of his/her temporary or permanent mental or physical incapacity.
D. Forcible fondling - The touching of the private body parts of another person for the purpose of sexual gratification, forcibly and/or against that person's will; or not forcibly or against the person's will where the victim is incapable of giving consent because of his/her youth or because of his/her temporary or permanent mental or physical incapacity.
Sex Offense - Non-forcible
Unlawful, non-forcible sexual intercourse.
A. Incest - Non-forcible sexual intercourse between persons who are related to each other within the degrees wherein marriage is prohibited by law.
B. Statutory Rape - Non-forcible sexual intercourse with a person who is under the statutory age of consent.
The University of New Mexico recognizes the harm caused by sexual assault and the need to educate the University community regarding this issue. The University offers the following educational program services:
A. Main Campus
1. Albuquerque Rape Crisis Center
1025 Hermosa S.E.
505-266-7711
The Albuquerque Rape Crisis Center maintains a 24 hour a day crisis telephone service and has counselors available to provide immediate assistance to victims of sex offenses. The center also provides educational programs to campus and community groups.
2. UNM Health Education
Student Health Center
505-277-7947
Health Education provides workshops and educational programs concerning sexuality, sexual decision-making and relationships.
3. UNM Women's Center
1160 Mesa Vista Hall
505-277-3716
The Women's Center offers a variety of programs regarding gender and sexuality issues. Staff at the center also provide support to victims of sexual offenses and provide mental health referrals for UNM students.
4. UNM Police Department
2500 Campus NE
505-277-2241
The UNM Police Department conducts programs regarding campus safety and crime prevention to the University community.
5. Office of Residence Life
208 La Posada Hall
505-277-8230
The Office of Residence Life coordinates programming for residence hall students including programs addressing sexuality, relationship and safety issues. The office also administers a Residence Life discipline system which addresses misconduct by residence hall students which occurs in the residence halls.
6. Office of Student Activities
Student Union Building
505-277-4706
The Office of Student Activities coordinates various programs for student organizations including fraternities and sororities, which address sexuality, relationships and sexual assault issues.
7. Dean of Students Office
280 Student Services Center
505-277-3361
The Dean of Students Office coordinates New Student Orientation which includes programs addressing sexuality, relationships, and sexual assault issues. A staff member from the office chairs the Campus Safety Committee which coordinates various educational programs regarding campus safety and crime prevention. The Dean of Students Office also administers the enforcement of the Student Code of Conduct and Visitor Code of Conduct, including resolving sexual offense allegations under these policies.
B. Valencia Branch Campus
1. Albuquerque Rape Crisis Center (description under Main Campus)
1025 Hermosa S.E.
Albuquerque, NM
505-266-7711
2. UNM-Valencia Campus Counseling Center
Student Services Building
505-925-8560
The Counseling Center provides crisis intervention, short term mental health counseling and community referrals. Hours of operation are Monday through Friday, 8:30am to 5:00pm. After hours appointments can be made by calling 925-8560.
3. Associate Director Student Services
Student Services Building
505-925-8560
Student Services coordinates new student orientation which includes information addressing sexual assault and domestic violence. Student Services also provides information brochures and flyers throughout the campus.
The University's Student Code of Conduct and Visitor Code of Conduct, which apply to the main and all of the branch campuses and educational centers, expressly forbid the commission of sexual assault including rape. A student who is a victim of such an offense may pursue charges against the perpetrator under these policies.
It is important for victims of sex offenses to understand the steps to take in order to preserve evidence as it may be necessary in the proof of sexual assault in the criminal process and the student discipline system. Victims should not bathe, shower, wash, douche, brush one's teeth, comb one's hair or change clothes before seeking medical attention. Important evidence may be on the victim's body and/or clothes. This evidence can be collected during the medical examination.
A. Main Campus
1. A student who is the victim of a sex offense on campus or at a University sponsored or sanctioned activity should immediately contact the University Police Department at 505-277-2241 if calling from off-campus and 911 if calling from on-campus to report the incident. A student who is the victim of a sex offense off-campus should immediately contact the Albuquerque Police Department by dialing 911.
The Police Department called will contact the Albuquerque Rape Crisis Center to have a counselor meet the student and responding police officer at the appropriate medical facility. The Rape Crisis Center may be contacted directly by calling 505-266-7711.
The University recognizes the need for victims of sex offenses to have a caring and knowledgeable support person available to discuss their situation with, assist them in receiving appropriate medical attention and filing appropriate criminal charges. The University, including the University Police Department, works closely with the Albuquerque Rape Crisis Center in providing this assistance.
2. The University's Student Code of Conduct and Visitor Code of Conduct expressly forbid the commission of sexual assault including rape. A student who is a victim of such offenses may pursue charges against the perpetrator under these policies. The Dean of Students Office is also available to assist victims of sex offenses in making appropriate accommodations in their academic and living arrangements.
B. Extended University-Santa Fe
1. All victims of sexual assault will be assisted by University staff in contacting appropriate legal authorities and service agencies. Victims are strongly encouraged to report incidents of sexual assault to the Santa Fe County Sheriff's Department (505-986-2455). Students may contact the UNM-Santa Fe Administrative Office (505-438-1234) for assistance in contacting law enforcement authorities and/or service agencies.
2. The University's Student Code of Conduct and Visitor Code of Conduct expressively forbid the commission of sexual assault including rape. A student who is a victim of such offenses may pursue charges against the perpetrator under these polices. The Santa Fe Administrative Office is also available to assist victims of sex offenses in making appropriate accommodations in their academic and living arrangements.
The victim is also encouraged to contact The Santa Fe Rape Crisis Center, Inc. They provide immediate, confidential, and appropriate care for victims of sexual assault, including a 24 hour intervention line (505-986-9111), medical and legal advocacy; ongoing individual, group and family therapy for children and adults; education and prevention services for schools and community; referral for special services and forensic interviewing facilities.
C. Taos Branch Campus
1. A student who is the victim of a sex offense on campus or at a University sponsored or sanctioned activity should immediately contact the Taos Police Department (505-758-2216 or 911) to report the incident.
2. The University's Student Code of Conduct and Visitor Code of Conduct expressively forbid the commission of sexual assault including rape. A student who is a victim of such offenses may pursue charges against the perpetrator under these policies. The Student Services Office is available to assist victims of sex offenses in making appropriate accommodations in their academic and living arrangements.
D. Valencia Branch
1. A student who is the victim of a sex offense on campus or at a University sponsored or sanctioned activity should immediately contact the Sherriff's Department at 866-2460 (or 911) to report the incident. Students may also contact UNM-Valencia Campus Security Office, located in the Student Center, or call 925-8570. Security is available from 8:00am to 10:00pm Monday through Friday and Saturday from 8:00am to 5:00pm. Security aids patrol campus during class hours and upon request, provide escort service to parking areas during the evening hours.
2. A person who is a victim of a sex offense committed by a student or a visitor to the Valencia Campus has the option of pursuing changes against the perpetrator under the University's Student Code of Conduct or Visitor Code of Conduct. Information can be obtained from the Associate Director Student Services in the Student Services Building or by calling 925-8560. The Student Services Office is also available to assist victims of sex offenses in making appropriate accommodations in their academic arrangements.
A. Main Campus
All victims of sex offenses will be assisted by University staff in contacting appropriate legal authorities and service agencies. Victims are strongly encouraged to report incidents to the University Police Department (505-277-2241) for criminal action. If the offense occurred on property outside the jurisdiction of the University, the University Police Department will assist the student in contacting the law enforcement agency which has jurisdiction. Students may contact the Dean of Students Office (505-277-3361) for assistance in contacting law enforcement authorities and service agencies.
B. Extended University-Santa Fe
All victims of sexual assault will be assisted by University staff in contacting appropriate legal authorities and service agencies. Victims are strongly encouraged to report incidents of sexual assault to the Santa Fe County Sheriff's Department (505-428-3920). Students may contact the UNM-Santa Fe Administrative Office (505-438-1234) for assistance in contacting law enforcement authorities and/or service agencies.
C. Taos Branch Campus
All victims of sexual assault will be assisted by University staff in contacting appropriate legal authorities and service agencies. Victims are strongly encouraged to report incidents of sexual assault to the Taos Police Department (505-758-2216). Students may contact the Student Services Office (505-758-7667) for assistance in contacting law enforcement authorities and/or service agencies.
A. Main Campus
1. Albuquerque Rape Crisis Center
1025 Hermosa S.E.
505-266-7711
The Albuquerque Rape Crisis Center maintains a 24 hour a day crisis telephone service and has counselors available to provide immediate assistance to victims of sex offenses. Counselors will assist victims with the criminal process.
2. Dean of Students Office
280 Student Services Center
505-277-3361
The Dean of Students Office will assist victims of sex offenses with changes in their academic and living situation after an alleged sex offense.
3. Victim Impact Program
Office of the District Attorney
2nd Judicial Circuit
111 Union Square S.E.
505-841-7107
The District Attorney's Victim Impact Program provides assistance to victims of all crimes including sex offenses. Advocates in this office assist victims in dealing with the criminal system and securing financial and other assistance due to victims under the law.
4. Counseling and Therapy Services (CATS)
Student Health Center, Bldg 73
505-277-4537
CATS provideslow cost, time-limited, psychological and psychiatric services to UNM students, including victims of sex offenses.
5. UNM Women's Center
1160 Mesa Vista Hall
505-277-3716
The Women's Center provides short-term counseling and referral services to UNM students, including victims of sex offenses.
6. AGORA Crisis Center
Student Union Basement
505-277-3013
The AGORA Crisis Center provides confidential peer support and referrals to any student needing to talk about a personal problem.
7. Office of Residence Life
208 La Posada Hall
505-277-8230
Emergency Desk, Student Residence Center
505-277-9203
Residence Life Area Coordinators and Residence Advisors are available to assist students living in Residence Halls with any problems they are encountering, including providing short-term counseling and referral. The Emergency Desk at the Student Residence Center is staffed 24 hours a day.
B. Extended University-Santa Fe
1. Santa Fe Rape Crisis Center, Inc.
P.O. Box 16346
Santa Fe, NM 87506
505-988-1951, 800-721-7273
The Santa Fe Rape Crisis Center, Inc. provides immediate, confidential, and appropriate care for victims of sexual assault, including a 24 hour a day intervention line (505-986-9111) medical and legal advocacy; ongoing individual, group and family therapy for children and adults; education and prevention services for schools and community; referral for special services and forensic interviewing facilities.
C. Taos Branch Campus
1. Community Against Sexual & Domestic Violence - CASDV
214 A Montoya St.
Taos, NM 87571
505-758-8082
505-758-9888
CASDV maintains a 24 hour a day crises hot line and has counselors available to provide immediate assistance to victims. They also provide referrals, medical and legal advocacy and assist with medical expenses.
2. Taos County/Social Services
Mary Medina Building
Corner of Cruz, Alta & Gusdorf
Taos, NM 87571
505-758-8871
This agency offers adult/child protection and emergency housing.
4. Taos County Health Office
Court House
Albright St.
Taos, NM 87571
505-758-2073
5. Holy Cross Hospital
1397 Weiner Rd.
Taos, NM 87571
505-758-8883
6. Taos Police
107 Civic Plaza Dr.
Taos, NM 87571
758-2216 or 911
A. Main Campus
The University will change a victim's academic and living situation after an alleged sex offense if those changes are requested by the victim and reasonably available. Possible changes include:
1. Arranging for extension of class assignment and examination due dates.
2. Assisting the victim in dropping courses or withdrawing from the University without academic or financial penalty if that is the victim's wish.
3. Arranging for the victim to move from one on-campus housing location to another.
Specific requests for such changes should be directed to the Dean of Students Office (505-277-3361).
B. Extended University-Santa Fe
The Santa Fe Graduate Center will change a victim's academic situation after an alleged sexual offense if those changes are requested by the victim and reasonably available. Possible changes are the same as those indicated for the main campus. Specific requests for such changes should be directed to the Campus Administrative Office (505-438-1234).
C. Taos Branch Campus
The Taos Education Center will change a victim's academic situation after an alleged sexual offense if those changes are requested by the victim and reasonably available. Possible changes are the same as those indicated for the main campus. Specific requests for such changes should be directed to the Student Service Office (505-758-7667).
The University of New Mexico's Student Code of Conduct and Visitor Code of Conduct, which apply to the main campus and all branch campuses and educational centers, prohibit "any form of sexual assault including rape."
A. Main Campus
On main campus the Student and Visitor Codes of Conduct are administered by the Dean of Students Office. The University's Residence Hall policies also prohibit sex offenses. The Office for Residence Life administers a disciplinary system which addresses misconduct of residence hall students which occurs in the residence halls. A person who is a victim of a sex offense committed by a student, or a student who is a victim of a sex offense committed by a visitor to the University has the option of pursuing charges against the alleged perpetrator of the offense under the relevant Code of Conduct.
Victims of sex offenses are encouraged to report them to the appropriate law enforcement authorities and to meet with the University's Student Discipline Officer in the Dean of Students Office to discuss pursuing charges under the relevant policy.
A victim of a sex offense is permitted and encouraged to be accompanied at that meeting by a support person of their choice. Counselors from the Albuquerque Rape Crisis Center, Student Mental Health, UNM Police Department Victim Assistance Program, Women's Center and the District Attorney's Victim Impact Program are available to accompany and assist the victim of a sex offense throughout the University's disciplinary process.
Under the University's Student Grievance Procedure and Residence Life Disciplinary Policies, the alleged victim of a sex offense and the alleged perpetrator are entitled to the same opportunities to have others present as advisors during disciplinary proceedings. Both the alleged victim and alleged perpetrator will be informed of the final determination of a disciplinary proceeding with respect to the alleged sex offense and any sanction that is imposed on the accused.
As described in The University's Student Grievance Procedure alleged victims in student disciplinary proceedings have rights which are protected throughout the discipline process. These rights are:
1. The right to have a person of their choice accompany them throughout their participation in the discipline process.
2. The right to submit a victim impact statement to the hearing officer or committee.
3. The right to have past irrelevant behavior excluded from the hearing determination.
Because of the serious nature of the action, victims of sexual or physical assault also have these additional rights:
4. With a recommendation from a licensed mental health counselor, victims may testify from another room as long as it does not infringe upon the accused student's right to confront and question witnesses.
5. The right to be notified in writing of the final determination and any sanctions imposed as a result of the discipline process once a confidentiality agreement is signed.
6. The right to be informed of options to notify law enforcement authorities on and off campus as to the incident and to be assisted in doing so by campus officials.
7. The right to be informed of the option for any available assistance in making reasonable changes in academic and on campus living situations.
8. The right to be notified of existing counseling, mental health or student services for victims of physical or sexual assault.
The specific procedures by which Student and Visitor Code of Conduct Violations are resolved can be found in the Student Grievance Procedure published in The University of New Mexico Pathfinder.
B. Extended University-Santa Fe
Violations of the Student and Visitor Codes of Conduct at the Santa Fe Graduate Center are referred to the Dean of Students Office on Main Campus to be handled in the same manner as already described for Main Campus. Victims retain the same rights as those enumerated for the Main Campus. The phone number for Main Campus Dean of Students Office is 505-277-3361.
C. Taos Branch Campus
Violations of the Student and Visitor Codes of Conduct at the Taos Education Center are administered by the Student Services Office (505-758-2216).
A person who is a victim of a sex offense committed by a student, or a student who is a victim of a sex offense committed by a visitor to the center has the option of pursuing charges against the perpetrator of the offense under the relevant Code of Conduct.
Victims of sex offenses are encouraged to report them to the Taos Police Department (505-758-2216 or 911) and to the CASDV Office (505-758-8082). Information regarding pursuing charges under the Student or Visitor Code of Conduct may be obtained by contacting the Student Services Office (505-758-7667).
A victim of a sex offense is permitted and encouraged to be accompanied at meetings with University officials by a support person of their choice. This support person may accompany and assist the victim throughout the University's disciplinary process.
Under the University's Student Grievance Procedure, the alleged victim of a sex offense and the alleged perpetrator are entitled to the same opportunities to have others present as advisors during disciplinary proceedings. Both the alleged victim and alleged perpetrator will be informed of the final determination of a disciplinary proceeding with respect to the alleged sex offense and any sanction that is imposed on the accused (see VIII.5.).
Victims in student disciplinary proceedings, and victims of sexual assault have the same rights that have been enumerated for the Main Campus.
The specific procedures by which Student and Visitor Code of Conduct violations are resolved can be found in the University of New Mexico Pathfinder.
Under the University's Student Code of Conduct which applies to the main and all of the branch campuses and educational Centers, a student who commits a violation of this Code, including a sex offense, is subject to the following possible sanctions:
1. Verbal warning - means an oral reprimand.
2. Written warning - means a written reprimand.
3. Disciplinary probation - means the establishment of a time period during which further acts of misconduct may or will result in more severe disciplinary sanctions depending upon the conditions of the probation. Conditions of probation can include community service, attendance at workshops and/or seminars including but not limited to alcohol, drug or safety workshops and/or seminars, mandatory mental health evaluation and/or counseling or other educational sanctions.
4. Suspension - means losing student status for a period of time specified in the terms of the suspension. A suspension may commence immediately upon a finding of a violation or it may be deferred to a later time.
5. Expulsion - means losing student status for an indefinite period of time. Readmission may not be sought before the expiration of two years from the date of expulsion, and it is not guaranteed even after that time.
6. Dismissal - means termination of student employment, either for a stated time period or indefinitely.
7. Barred from campus - means being barred from all or designated portions of The University property or activities.
Students living in the residence halls are subject to the following possible sanctions for misconduct occurring in the residence halls:
1. Verbal warning - means an oral reprimand.
2. Written warning - means a written reprimand.
3. Specific probation - means the establishment of a time period during which specific acts of misconduct may or will result in more severe disciplinary sanctions depending upon the conditions of the probation. Conditions of probation can include community service, attendance at workshops and/or seminars including but not limited to alcohol, drug or safety workshops and/or seminars, mandatory mental health evaluation and/or counseling or other educational sanctions.
4. General probation - means the establishment of a time period during which any acts of misconduct may or will result in more severe disciplinary sanctions depending upon the conditions of the probation. Conditions of probation can include community service, attendance at workshops and/or seminars including but not limited to alcohol, drug or safety workshops and/or seminars, mandatory mental health evaluation and/or counseling or other educational sanctions.
5. Housing reassignment - means the transfer of the student from one dorm room to another or one residence hall to another.
6. Restricted from entry into specific residence halls, dining hall, commons building, etc.
7. Contract termination - means the termination of the housing contract either for a stated period of time or indefinitely.
Students placed on residence hall probation or who have their contracts cancelled will have their conduct case sent to the Dean of Students Office for review/records purposes. Students violating residence hall policies may also be referred to the Dean of Students Office for additional disciplinary review under the Student Code of Conduct.
Under the University's Visitor Code of Conduct which applies to the main and all branch campuses and educational Centers, a visitor who commits a violation of this Code, including a sex offense, is subject to the following possible sanctions:
1. Verbal Warning - means an oral reprimand.
2. Written Warning - means a written reprimand.
3. Probation - means the establishment of a time period during which further acts of misconduct may or will result in more severe sanctions depending on the conditions of the probation.
4. Removal from campus means being physically escorted or forcibly removed to a location off property owned or controlled by The University, by University Police Officers or other University agents.
5. Barred from campus - means being barred from all or designated portions of University property or activities.
6. The sanctions of denial of admission, readmission or employment by the University.
7. Additionally or alternatively, any sanction applicable to a student under the Student Code of Conduct may be provisionally applied to a visitor, to be made effective should the visitor ever enroll or re enroll at the University.
While the University endeavors to maintain pleasant working conditions which lead to cooperative, effective working relationships with all employees, the University also recognizes that misunderstandings and disagreements may arise regarding terms and conditions of employment. Normally, such disagreements are resolved through informal discussions between the student-employee and the immediate supervisor. However, for questions and complaints not resolved to the student-employee’s satisfaction through informal discussions with successive levels of supervision, the following formal termination grievance procedure is available upon request of the student. The Student Employment Office will provide the mechanics of the termination grievance procedure. A grievance results from a violation of University policy which adversely affects a student-employee (termination without correct termination procedure, etc.).
This policy applies to all students employed through the Student Employment Office under College Work Study or the Student Employment Program who have successfully completed their probationary period. Students employed as graduate, teaching, research, special and project assistants are subject to the employment policies procedures contained in the Faculty Handbook. Students whose employment is associated with an academic program must follow the student grievance procedure through the EVP of Academic Affairs.
Student employees may utilize the termination grievance procedure only to dispute an involuntary dismissal. It may not be used if a student employee resigns (as set forth under Voluntary Termination) nor does it apply to any other work dispute or grievance.
1. Step One
The employee shall submit written notice initiating the termination grievance procedure within ten working days of the termination. The notice should be directed to the concerned department chairperson or director with a copy submitted to the Student Employment Office.
2. Step Two
The concerned department chairperson or director shall hold an informal meeting with the employee and render a written decision. Step two shall occur within ten working days following the filing in writing of such a complaint with the department chairperson.
3. Step Three
The employee may file an appeal to a termination grievance board within ten working days of notification of the decision reached in step two. The termination grievance board shall hold a formal hearing as soon as practical after the filing of the appeal.
The Due Process Board shall be composed of:
1. The president of ASUNM or his or her designee shall serve in the case of an appeal by an undergraduate student.
OR
The president of GPSA or his or her designee shall serve in the case of an appeal by a graduate student.
2. The Dean of Students or his or her designee.
3. The two appointed members will select the third member from the Division of Student Affairs.
Procedures for the termination grievance hearing are as follows:
1. The hearing shall be private.
2. The student appealing his or her termination is responsible for presenting his or her case; advisors (including attorney advisors) are therefore not permitted to present arguments or evidence or otherwise participate directly in the hearing. The department may appoint a representative to present the department's case. The representative may have an advisor but, like the student, the advisor cannot participate directly in the hearing.
3. The Grievance Board members may question both parties in the hearing.
4. Both the student appealing his/her termination and the department representative have the right, within reasonable limits set by the presiding official, to question all witnesses who testify.
5. Both the student appealing his/her termination and the department representative have the right to submit any evidence they want the grievance board to consider at least five (5) business days before the hearing. Both parties also have the right to identify witnesses for the grievance board to invite. The grievance board may, at its discretion, request those or other witnesses to attend the hearing and provide testimony. The grievance board does not have the power to subpoena witnesses. Any evidence provided to the grievance board by either party will be made available for review by the other party at least three (3) business days before the hearing."
6. The Grievance Board may proceed independently to secure evidence for the hearing. The party charged shall have an opportunity to review any such evidence at least three (3) business days before the hearing.
7. The hearing will be tape-recorded and the Grievance Board will keep the tape(s). The tape is the property of the University. No typed record will be made.
8. The hearing proceeding is not subject to judicial rules of evidence.
The decision of the termination grievance board is final except that the President and the Board of Regents have the discretionary authority to review the decision. The President and the Board of Regents normally review such decisions only in extraordinary cases, such as where proper procedures have apparently not been followed, where the decision appears to be unsupported by the facts, or where the decision appears to violate University policy.
Approved by the President 4/93 Amended 3/20/96
1.0 Introduction
Under the Family Educational Rights and Privacy Act of 1974, students have the right to inspect and review most education records maintained about them by the University of New Mexico, and, in many cases, decide if a third person can obtain information from them. Nine categories of information, however, are public (or directory information) unless a student asks that some or all of that information be withheld. It is the policy of the University to comply fully and fairly with the provisions of the Act, Federal Regulations and this policy.
2.0 Limitations on Access to Student Records
No one inside or outside the University shall have access to, nor will the contents of students’ education records be disclosed without the written consent of the students except as provided by the Act and Regulations. Exceptions in the Act and Regulations include but are not limited to the following: personnel within the institution determined by the institution to have a legitimate educational interest, officials of other institutions in which students seek to enroll or are enrolled, persons or organizations providing student financial aid, accrediting agencies carrying out their accreditation function, persons in compliance with judicial orders and persons in an emergency when necessary to protect the health or safety of students or other persons.
3.0 Students’ Right of Access to Review Their Records
A student has the right to inspect and review all education records about him or her except: (1) personal notes (available only to writer or substitute) of University staff and faculty, (2) certain student employment records, (3) counseling records used solely for treatment, (4) certain records of the University Police, (5) parents’ financial records, (6) confidential letters and statements of recommendation placed in the records before January 1, 1975, and (7) confidential letters and statements of recommendation for admission, employment, or honorary recognition placed in the records after January 1, 1975, which students have waived the right to inspect and review.
4.0 Informing Students of Their Rights
This policy will be published in the UNM Pathfinder or its successor.
5.0 Location of Student Records
Student records are not maintained in a central location. Instead, these records are maintained by each office with which a student has contact while enrolled at the University. A partial list of places where educational records are maintained by various University offices is listed below.
Admissions Office, Director of Admissions, Student Services Center
Career Counseling & Placement, Director, Career Counseling & Placement, Student Services Center
Cashiers & Student Accounting, Bursar, Student Services Center
College and Department Offices, Academic Dean, See individual college listing in the course schedule
Dean of Students Office, Assoc. VP & Dean of Students, Student Services Center
Graduate Studies, Dean, Graduate Studies, Humanities Building
Housing Services, Assoc. Dean of Students & Housing, La Posada Hall
Records Office, Registrar, Student Services Center
Student Financial Aid , Director, Student Financial Aid, Mesa Vista Hall
6.0 Records Excluded from the Definition "Education" or "Student" Records
The following categories of records are not included in the term "education records" or "student records" under the Act:
6.1. Records of instructional, supervisory, administrative and certain educational personnel which are in the sole possession of the maker and are not revealed to any other individual (except a substitute who performs on a temporary basis the duties of the person who made the record).
6.2. Records of the University Police. These records are maintained and created by the University Police Department for the purpose of law enforcement. Their disclosure is subject to rules and regulations of the University Police, consistent with applicable law.
6.3. Records relating to individuals who are employed by the University which are made and maintained in the normal course of business, relate exclusively to individuals in their capacity as employees and are not available for use for any other purpose. However, it should be noted that records of individuals in attendance at the University who are employed as a result of their status as students are education records and as such may be inspected by the student.
6.4. Records which contain only information about a person after that person is no longer a student at the institution, e.g., information gathered on the accomplishments of alumni.
7.0 Review Policies and Procedures
Requests to inspect and review records must be made, in writing, to the office that keeps the records. Although it is the University’s policy that requests to inspect records be honored as promptly as possible, the offices have up to 45 days to honor such requests.
It is the policy of the University to provide the student upon request with photocopies of her or his records where that will help the student in inspection and review of the records unless: (1) the record to be copied is an examination, in which case permission of the faculty member is necessary, or (2) where a student’s record is being withheld because of an outstanding financial obligation to the University.
Fees for photocopies of materials in the records are the same as University offices charge for photocopies of other materials. At its option, an office may furnish copies at no charge, or take the materials to a copy/duplicating center on campus, where the current rate for cash work will be charged.
8.0 Release Policies and Procedures, University Employees and Agents
The University will not disclose personally identifiable information from a student’s education record without the student’s written consent, except when it is permitted by the Act and Regulations. As permitted by the Act and Regulations, information will be disclosed without the student’s consent to University officials with a legitimate educational interest. These officials or their agents, and their interests, include:
8.1. Any University employee who needs the information to fulfill job responsibilities.
8.2. University collection agents only for the purposes of collecting debts owed to the University.
8.3. Legal counsel advising or representing the University.
8.4. National Collegiate Athletic Association and the Mountain West Athletic Conference only for the purposes of conforming to eligibility rules for athletic competition.
8.5. Contractors, such as data processing, only for the purposes of performing work under contract for the University.
8.6. Honorary societies, and other chartered student organizations, only for determining membership eligibility/requirements, when the societies and/or organizations do not unlawfully discriminate on the basis of race, color, religion, national origin, physical or mental disability, age, sex, sexual preference, ancestry, or medical condition.
8.7. University researchers, including students doing research under supervision of a faculty member, if there are safeguards to protect the security of personally identifiable data and if it will not be possible to ascertain the identity of any student in any dissemination of the data or research results.
8.8. Officials of cooperating universities in which the student is enrolled.
9.0 Release to Alleged Victims of Crimes of Violence
The results of any disciplinary proceeding conducted by the University in response to allegations of a crime of violence allegedly committed by a student, shall be disclosed upon request to the alleged victim(s) of such crime of violence.
10.0 Directory or Public Information Categories
The University, in accord with the Act, has designated categories of information about students as "directory information" which is public unless a student asks to have any or all of it withheld. These categories are:
Name
Address (school and permanent)
Telephone listing
Electronic Mail Address
Date of birth
Major field of study (including current classification, year, credit load and
number of academic credits earned toward degree)
Dates of attendance (matriculation and withdrawal dates)
Degrees and awards received (type of degree and date granted)
Most recent previous educational agency or institution attended
Participation in officially recognized activities and sports, and weight and
height of members of athletic teams.
A student wishing to keep confidential the "directory information" listed above should file a written request with the Registration Center.
11.0 Requests for Disclosure
University offices will maintain a record of disclosures and requests for disclosure of personally identifiable information from a student's record except when the request for disclosure is directory information, pursuant to the student's consent, or is to a school official described in this policy. It is the policy of the University to permit the student to inspect this record of disclosures and requests for disclosure pertaining to his or her records. All disclosures (except for disclosures to the student or disclosures of directory information) shall be made on the condition that the information shall not be further disclosed without the student's consent.
12.0 Right to Challenge Information in Student Records
It is the policy of the University that a student may challenge any information in his or her education records which he or she believes to be inaccurate, misleading or in violation of privacy. This right does not extend to reviewing grades unless the grade assigned by a professor was inaccurately recorded in the records. A student may also insert a statement in the records explaining any such material from his or her point of view. If a student wishes to challenge information in the file, he or she must make a written request for a hearing to the dean, director, or chairperson of the office which maintains the record. In most cases, the decision of the dean, director or chairperson will be final. However, a student may appeal in writing to the Associate Provost or the Vice President for Health Sciences or their designee, as the case may be, who will review the decision only if a significant question of policy or compliance with the law appears to be raised by the case.
13.0 Waiver of Rights Not Required
It is the policy of the University that students not be required to waive their rights under the Act before receiving University services or benefits.
14.0 Assistance with Problems or Questions about Compliance
If a student has questions about the provisions of the Act, he or she may contact the Office of the Registrar.
If a student believes that the University has not complied with the Act, he or she should direct comments concerning this to the Office of the Registrar.
If a student believes that the University has not complied with the Act, written complaints may be filed with the Family Educational Rights and Privacy Act Office (FERPA), U.S. Department of Education, 400 Maryland Avenue, SW., Washington, D.C. 20202-4605, telephone (202) 732-1807.
The Registrar shall either resolve the issue, or shall refer it to the appropriate University body for resolution.
Effective Date: September 27, 1991
Revised: 12/13/91, 1/15/07
The University of New Mexico recognizes its responsibility to extend equal employment and educational opportunities to all qualified individuals. This University exists to educate, to conduct research and other creative activities, and to perform other related services on behalf of the community which supports it. The University has a responsibility to its students and to the citizens of the state to actively recruit and hire the best qualified persons we can, and to do so in the context of our commitment to affirmative action principles.
The University complies with the letter and spirit of the laws and further believes that everyone in the work force at the University is involved in educating others. That education may range from transmitting knowledge of complex concepts as is done by the faculty to serving as role models in the subtleties of everyday human interaction as all employees do. Any practices which negatively affect some of our work force ultimately affect us all. There is no place for prejudice and injustice.
University policy, state and federal law and regulations forbid unlawful discrimination on the basis of race, color, religion, national origin, physical or mental disability, age, sex, sexual preference, gender identity, ancestry, medical condition, or spousal affiliation in recruiting, hiring, training, promotion, and all other terms and conditions of employment. All personnel policies, such as compensation, benefits, transfers, layoffs, terminations, returns from layoff, University sponsored training, education, tuition assistance, social and recreational programs will be administered without regard to the characteristics or conditions listed above, except when one of these is a bona fide occupational qualification. The University strives to establish procedures which assure equal treatment and access to all programs, facilities, and services. Notice of fair employment rights and procedures are posted throughout the University.
The University is committed to providing equal educational opportunity and forbids unlawful discrimination on the basis of race, color, religion, national origin, physical or mental disability, age, sex, sexual preference, gender identity, ancestry, medical condition, or spousal affiliation. Equal educational opportunity includes: admission, recruitment, extracurricular programs and activities, housing, facilities, access to course offerings, counseling and testing, financial assistance, employment, health and insurance services and athletics. In keeping with this policy of equal educational opportunity, the University is committed to creating and maintaining an atmosphere free from all forms of harassment.
Further, the University commits itself to a program of affirmative action to increase access by, and participation of, traditionally underrepresented groups. The University Office of Equal Opportunity (OEO) provides guidance and assistance to University departments in the development of recruitment strategies to assist with affirmative action efforts. OEO also directly oversees faculty hiring processes and conduct audits of both faculty and staff hiring processes to ensure compliance with OEO and affirmative action policies and practices.
The University makes reasonable accommodations to the religious observances/national origin practices of a student, an employee or prospective employee and to the physical and mental limitations of a student, employee or applicant unless such accommodations have the end result of placing an undue hardship on the operation of the University. Students or employees should refer to Policy 2310 "Academic Adjustments for Student with Disabilities" and Policy 3110 "Reasonable Accommodation for Employees with Disabilities" for information regarding accommodations and should contact OEO or the University Accessibility Services Office for assistance regarding these policies.
It is the policy of the institution to prevent and eliminate forms of unlawful harassment in employment and educational settings. The University prohibits harassment of employees by supervisors or co-workers on the basis of race, color, religion, national origin, physical or mental disability, age, sex, sexual preference, gender identity, ancestry, medical condition, spousal affiliation, or other protected status. The University makes special efforts to eliminate overt and subtle forms of sexual harassment. Employees who believe they have been harassed on the basis of a protected status are encouraged to contact their supervisor, department head, dean, and/or director, the University Department of Human Resources, or OEO.
Discrimination Claim procedures are in place for resolving allegations of discriminatory treatment against either employees or students. These procedures can be reviewed on OEO's Website. Copies or summaries of procedures are included in the Faculty Handbook, the Pathfinder, union contracts, as well as other University publications. Notice of fair employment rights and procedures are posted at the various personnel offices as well as in employing units. Employees may contact OEO or refer to Policy 3780 "Sexual Harassment" for more information.
The University President has overall responsibility for the Affirmative Action Plan. All senior and mid-level administrators (vice presidents, deans, directors, department heads) are accountable for their performance in the accomplishment of affirmative action objectives. Annual performance evaluations shall include an assessment of the results of programs and practices aimed at increasing access and participation by women and ethnic/racial minorities.
The Director of the Office of Equal Opportunity has been designated as Affirmative Action Coordinator. This official is responsible for monitoring all EO/AA activities, reporting annually on the effectiveness of the Affirmative Action Plan, and developing recommendations for necessary action to assure attainment of its stated objectives. Any questions related to the Affirmative Action Plan should be directed to OEO.
Regents Policy 2.3 "Equal Opportunity and Affirmative Action for Employees and Students" http://www.unm.edu/~brpm/r23.htm
Regents Policy 2.5 "Sexual Harassment" http://www.unm.edu/~brpm/r25.htm
Policy 2310 "Academic Adjustments for Student with Disabilities" http://www.unm.edu/~ubppm/ubppmanual/2310.htm
Policy 3110 "Reasonable Accommodation for Employees with Disabilities" http://www.unm.edu/~ubppm/ubppmanual/3110.htm
Policy 3780 "Sexual Harassment" http://www.unm.edu/~ubppm/ubppmanual/3780.htm
Accessibility Services https://as.unm.edu/home/
Office of Equal Opportunity http://www.unm.edu/~oeounm/
Discrimination Claim Procedures http://www.unm.edu/~oeounm/claim_proc.html
OEO has the responsibility for implementing the University's affirmative action policy. As part of that responsibility, OEO shall
receive inquiries regarding issues involving civil rights issues; counsel claimants; evaluate claims; receive and process formal claims;
prepare written investigative reports which contain findings of fact; and conciliate meritorious claims separately or jointly with the
parties. OEO will also refer claimants to other offices, if appropriate.
The office is located at 609 Buena Vista NE, 277-5251, http://www.unm.edu/~oeounm/.
General
An employee (faculty, staff) or student is encouraged to discuss any discrimination or sexual harassment problem with the potential
respondent in the first instance and thereafter with a supervisor, faculty member, department chair, director, or dean, as appropriate, in an attempt to resolve the problem without filing a formal claim.
Consultation with OEO
Prior to filing a formal discrimination or sexual harassment claim an employee (faculty, staff) or student shall contact OEO, obtain an intake form, and submit it to OEO for review. If OEO determines the complaint falls within its jurisdiction, an investigator will contact the person to set up a meeting. The person can call, access the OEO Website ( http://www.unm.edu/~oeounm/ ), or go to OEO to obtain the intake form.
When a person meets with an investigator, the investigator will provide an opportunity to talk about the problem; discuss whether the conduct / practice in question appears to constitute discrimination or sexual harassment within the meaning of this procedure; and discuss the possibility of retaliation, and how to identify and report it. If the entire problem does not appear to be covered by these procedures, the investigator will refer the person elsewhere, if appropriate, for additional assistance.
The investigator will also explain options for resolution including problem solving, formal claim, legal action, mediation, and counseling; discuss the requirements, advantages and disadvantages of each option; and offer referrals to other sources of assistance, including the Equal Employment Opportunity Commission, the New Mexico Human Rights Division of the Department of Labor, and the Department of Education’s Office of Civil Rights. The investigator shall explain that this Procedure has no effect on deadlines applicable to filing with the Equal Employment Opportunity Commission or any other appropriate outside agencies.
It is intended that discrimination and sexual harassment problems be resolved with the cooperation of everyone involved, at the lowest administrative level possible, where appropriate.
If the claimant wishes, OEO will attempt to assist him or her in resolving an alleged discriminatory or sexual harassment situation. OEO shall, to the extent possible, preserve the parties' confidentiality.
Effective Date: August 2, 2004
Subject to Change Without Notice
In keeping with the Rehabilitation Act of 1973 and the Americans With Disabilities Act of 1990, the University is committed to providing equal access to educational opportunities for qualified students with disabilities. The University shall provide reasonable academic adjustments as defined in Section 3.3. herein, to qualified students with disabilities as necessary to ensure equality of access to the courses, programs, services, and facilities of the University. However, students with disabilities are still required to adhere to all University policies, including policies concerning conduct and performance.
The student is responsible for demonstrating the need for an academic adjustment by providing the Accessibility Resource Center with complete and appropriate current documentation that establishes the disability, and the need for and appropriateness of the requested adjustment(s). The University is responsible for all costs of academic adjustments. The following sections provide procedures for students, faculty, and staff on academic adjustment requirements.
The first step in the process for a student who seeks academic adjustment because of a disability is to register with the Accessibility Services Office and submit documentation of the disability from a licensed or certified professional in order to become eligible for services. Applicants to, or students in, the UNM School of Medicine and the Colleges of Nursing and Pharmacy should contact the UNM School of Medicine Manager of Student Learning Support Services for information on requesting academic adjustment. Applicants to, or students in, the UNM Law School should notify the Law School Registrar as well as the Accessibility Resource Center. Once a student establishes that he or she has a disability, the University will work with the student to determine what academic adjustments are appropriate and reasonable in accordance with Section 3.3. herein.
2.1. Student Responsibilities
It is the student's responsibility to demonstrate the need for an academic adjustment by providing the Accessibility Resource Center with complete and appropriate current documentation that establishes the disability, and the need for and appropriateness of the requested adjustment(s). The Accessibility Resource Center can provide information on the kind of documentation that is required. If the initial documentation is incomplete or inadequate, the student will be required to provide additional documentation at the student's expense.
The Accessibility Resource Center will determine a student's eligibility and, in consultation with the student, will determine effective and appropriate academic adjustments in accordance with Section 3.3. herein. The Accessibility Resource Center may consult with other University departments, as necessary, in order to make a determination of eligibility and what academic adjustments are appropriate and reasonable. The Accessibility Resource Center will send a letter, per the student's request, to faculty, with a copy to cognizant department chairs, informing the faculty members of what adjustment(s) the student is to receive. The Accessibility Resoucre Center is responsible for costs relating to academic adjustments that are part of instructional courses at the Albuquerque campus. Branch campuses are generally responsible for costs relating to academic adjustments for their students.
Once the student has established his or her eligibility for academic adjustments, The Accessibility Resource Center will provide appropriate adjustments as expeditiously as possible. Generally, adjustments will be in place within fifteen (15) working days; however, some adjustments can require a longer period of time to arrange. Therefore, students are encouraged to pre-register with the Accessibility Resource Center before classes begin so that adjustments can be in place when needed at the start of the semester. If pre-registration is not possible, students should register at the start of the semester or as soon as the need for an adjustment becomes known, and the Accessibility Resource Center will make every effort to accommodate the student's needs as soon as possible. Requests received right at or after the start of a semester may result in the student being without the adjustment for part of the semester. Students should be aware that an academic adjustment does not apply retroactively, so that grades earned on exams, assignments, or other classroom activities before the adjustment takes effect will not be changed.
2.2. Faculty Responsibilities
Faculty members must provide students with the academic adjustments identified in the letter from the Accessibility Resource Center. If the faculty member has questions or concerns, or needs help with making the modifications called for, he or she should contact Accessibility Services. If a student discloses a disability to a faculty member and requests an academic adjustment but the student does not have a letter from the Accessibility Resource Center, the faculty member should direct the student to the Accessibility Resource Center. It is not the faculty member's responsibility to decide whether the student has a disability and what adjustments are appropriate. Faculty can help the University meet its obligations to provide students with academic adjustments in a timely manner by stating on their class syllabus that students should inform them of any special needs as soon as possible. Students who do so should be referred to the Accessibility Resource Center.
2.3. Appeal
In most instances the academic adjustment determination made by the Accessibility Resource Center will be acceptable to the student and faculty. However, if that is not the case, the determination is subject to appeal. In addition, the student can appeal a determination by an academic unit that an adjustment would result in a fundamental alteration of a course or program. The Provost/HSC Dean, or designee, will convene an ad hoc committee to consider the appeal. Members of the ad hoc committee will include representatives from relevant University departments as determined on a case-by-case basis. The ad hoc committee will follow the appeal procedures listed in Exhibit A. The ad hoc committee will make a recommendation to the Provost/HSC Dean, or designee, whose decision on the appeal is final for the University. Every effort should be made to arrive at a determination of the appeal as expeditiously as possible.
The University shall make academic adjustments for the known physical or mental limitations of a qualified student with a disability, unless the University can show that providing an adjustment would result in:
3.1. Individual with a Disability
An individual with a disability is a person who has, or has had a record of, or is regarded as having a physical or mental impairment that substantially limits a major life activity such as caring for oneself, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning, or working.
3.2. Qualified Student with a Disability
A qualified student with a disability is a student with a disability who meets the academic and technical standards required for admission and participation in the programs and activities of the University of New Mexico.
3.3. Academic Adjustment
An academic adjustment is a modification or adjustment to instructional methods and/or to a course, program, service, or facility of the University that enables a qualified student with a disability to have equal access and opportunity to attain the same level of performance and to enjoy equal benefits and privileges as are available to similarly-situated students without a disability. Determining reasonable academic adjustments must be done on a case-by case basis and in consultation with the student. The University is not required to provide the specific adjustment requested, but the adjustment must be effective to enable a qualified student with a disability to enjoy equal opportunity and access. All offers of adjustments are subject to applicable University policies.
3.3.1. Course or Program Modifications
The University shall provide such modifications to courses, programs, or educational requirements as are necessary and appropriate to enable a qualified student with a disability to enjoy equal opportunity and access. However, the University is not required to fundamentally alter the essential nature of a course or academic program. Reasonable academic adjustments may include, but are not limited to, extended time on an examination or paper, and oral instead of written examinations, where appropriate.
3.3.2. Auxiliary Aids and Services
Reasonable academic adjustments in the form of auxiliary aids and services may include, but are not limited to: note-takers, readers, Braille or large print materials, and sign language interpreters. However, the University is not required to provide devices or services of a personal nature such as personal attendants or personal devices utilized in activities of daily living.
The Americans With Disabilities Act (ADA) Coordinator for The University of New Mexico is the Director of the University Office of Equal Opportunity. Students who believe that they have been discriminated against on the basis of a disability may contact the Office of Equal Opportunity to file a complaint.
Exhibit A. - Academic Adjustments for Students with Disabilities: Appeal Rights Procedures: (http://www.unm.edu/~ubppm/ubppmanual/2310ex_a.htm)
Adopted April 1995 by the University Counsel and Vice President for Student Affairs
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.
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.
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.
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.
Students are responsible for complying with all regulations of the University, their respective colleges and the departments from which they take courses, as well as for fulfilling all degree requirements. Students are responsible for knowing and complying with all academic regulations.
Important academic regulations and policies are listed in detail in the official University of New Mexico Catalog, and it is important that each student read carefully and become familiar with this section. Catalogs may be purchased at the UNM Bookstore or viewed online at: http://www.unm.edu/~unmreg/catalog.htm.
Adopted by the Board of Regents, June, 1999
Students, faculty and staff are subject to the Intellectual Property Policy passed by the Board of Regents in June, 1999. If you create an invention or a copyrighted work, such as software, while at the University, you may need to report it to the University. For a clear determination, read the Intellectual Property Policy at http://www.unm.edu/~counsel/research/policies/ipp_fnl.pdf or call the Patent Administration Office at 277-7646.
Adopted by the President August 3, 1990
Revised September 11, 1992
This Policy on Illegal Drugs and Alcohol is adopted pursuant to federal laws and because of the commitment of The University of New Mexico to an environment for the pursuit of its educational mission free of drugs and the illegal use of alcohol. Drug and alcohol abuse on campus poses a serious threat to the health and welfare of faculty, staff and students; impairs work and academic performance; jeopardizes the safety and well-being of other employees, students and members of the general public; and conflicts with the responsibility of The University of New Mexico to foster a healthy atmosphere for the pursuit of education, research and service.
This policy covers all property owned, used, leased or controlled by The University of New Mexico, or any other site where official University business is being conducted. "Controlled substances" means those substances in Schedules I through V of section 202 of the Controlled Substances Act, 21 U.S.C. 812, and implementing regulations, 21 CFR 1308.11-1308.15. Controlled substances include, but are not limited to, marijuana, cocaine (including "crack"), amphetamines, heroin, PCP, hallucinogens, and certain prescription drugs. Illegal uses of alcohol include, but are not limited to, serving, buying or drinking alcohol by a minor; assisting a minor or an intoxicated person to get alcohol; selling alcohol without a license and driving while under the influence. This policy is not intended to supersede or negate any existing policies on substance abuse, student or employee discipline, or any additional requirements imposed on The University of New Mexico or its students, faculty or staff by federal or state law.
The unlawful manufacture, distribution, dispensing, possession or use of controlled substances or alcohol on UNM property or as part of any of its activities by any member of The University of New Mexico community--faculty, staff or student--is strictly prohibited.
As a condition of employment, all employees--faculty and staff--of The University of New Mexico shall abide by the terms of this policy. Violation of this policy shall result in disciplinary action, up to and including dismissal. For more detailed information, faculty should refer to the Faculty Handbook and / or contact the Faculty Grants and Contracts Office. Staff may refer to the University Business Policies and Procedures Manual and/or contact the Human Resources Department.
As a condition of continued registration and enrollment, any student of The University of New Mexico shall abide by this policy. Violation of this policy shall result in disciplinary action, up to and including expulsion. For more detailed information, students should refer to the Student Code of Conduct and related policies printed in the UNM Pathfinder and/or contact the Dean of Students Office.
UNM’s response to any violation of this policy may include, as a total or partial alternative to disciplinary action, a requirement that the employee or student participate satisfactorily in an approved substance abuse treatment or rehabilitation program as a condition of continued employment or registration/enrollment. Any employee engaged in the performance of work under a federal contract or grant is required, as a condition of employment, to notify his/her supervisor if he or she is convicted of a criminal drug statute violation occurring in the workplace within five days of such conviction. The supervisor shall notify the University Counsel’s Office. Failure of the employee to notify the supervisor shall be grounds for disciplinary action.
In recognition of the dangers of substance abuse in the workplace, The University of New Mexico shall maintain alcohol and drug-free awareness programs to inform members of the University community about the issues and risks of substance abuse, and about counseling, and treatment resources. The University shall assign responsibility for such awareness programs to specific administrative entities, which shall be provided sufficient resources to develop and maintain the programs. As a matter of policy, any referral, treatment, awareness or primary prevention programs established by The University of New Mexico shall play no role in enforcing or instituting possible disciplinary action.
The penalties for even the most minor of violations of the Liquor Control Act can include fines of up to $300, confiscation of property and imprisonment for up to seven months. More serious violations carry greater penalties, with larger fines and longer imprisonment.
Driving or using machinery after drinking or using drugs creates the risk that the user may injure or kill someone. This can result in homicide charges. License revocation and vehicle impoundment are also possible results of driving while under the influence of liquor or drugs. The minimum blood alcohol levels at which drivers’ licenses are revoked in New Mexico are: .02% for those under 21 and.08% for those 21 and over. All drivers in New Mexico are presumed to be intoxicated at the .08% level.
In drug-related cases a court can permanently suspend eligibility for federal benefits, including financial aid. A criminal record can seriously hurt educational and career opportunities.
Penalties for illegal drug use can include significant fines and imprisonment, Penalties for the illegal sale of drugs are greater, and may include property confiscation. Alternative penalties for illegal drug or alcohol use may also include mandatory community service. Violation of laws by a foreign national may result in deportation.
As required by federal regulations, the following charts (figures 1, 2) detail federal and state sanctions for the unlawful possession or distribution of illicit drugs.
Figure 1:

Excessive alcohol consumption and abuse of illicit drugs can lead to certain types of cancer, pathological changes in the liver, brain, heart and muscle which can lead to disability and death, addiction, birth defects, shortened life span, stomach ulcers, phlebitis, varicose veins, and other health problems. Alcohol and drugs are also a major factor in homicides, assaults, rapes, suicide, family and date violence. Alcohol is significantly involved in all types of accidents--motor vehicle, home, industrial, and recreational. Unintended pregnancies and sexually transmitted diseases are often associated with alcohol or other drug abuse, as well as relationship, academic or work problems.
For more information about the possible effects and health risks associated with the use of illicit drugs and alcohol, contact the Student Health Center Health Education Program (277-7947) or the UNM Campus Office of Substance Abuse Prevention (277-2795). The following chart (figure 3) lists the possible effects and health risks associated with the use of illicit drugs and controlled substances.
Campus Resources for Faculty and Staff
If you are concerned about your own, an employee’s or a colleague’s alcohol or drug use, contact the CARS program. The intent of CARS is not to intrude into the private lives of University employees, but rather to provide services for those who choose to request help with their problems. Your contact with CARS is confidential within the limits of applicable law and ethical guidelines. Individual assessments, short-term counseling, consultation and referrals are available. CARS also offers presentations on a variety of topics, voluntary mediation services, group crisis intervention, and team building.
C.A.R.S. ( Counseling, Assistance & Referral Service) ................................... 272-6868
University Hospital employees may contact C.A.R.S. directly (272-6868) or call Human Resources for information about available counseling & referral resources ..........................................................272-0942
Campus Resources for Students
If you are concerned about the alcohol or other drug use of yourself or another, please contact the Student Health Center or the Campus Office of Substance Abuse Prevention. Confidential consultants, individual assessments and education are available.
Student Health Center .................................................................................277-3136
Campus Office of Substance Abuse Prevention .........................................277-2795
Health Education Program (peer education) ...............................................277-7947
Counseling and Therapy Services ...............................................................277-4537
Other Campus and Community Resources
AGORA Crisis Center..................................................................................277-3013
NM Council on Alcoholism and Drug Dependence (for intervention services and information on community treatment resources and recovery groups, e.g., AA,
ACOA, Al-Anon, Rational Recovery, Women for Sobriety).............................256-8300
Psychiatic Crisis Emergency Service (24 hours).........................................247-1121
University Hospital Emergency Dept. ........................................................272-2411
UNM Center on Alcoholism, Substance Abuse and Addictions (CASAA)
Treatment Division (Intake)..............................................................................768-0150
Research Division............................................................................................277-5044
Campus Office of Substance Abuse Prevention................................................277-2795
UNM Department of Psychology Clinic......................................................277-5164
UNM Employee Health Promotion Program...............................................272-4460
UNM Employee Occupational Health Services..........................................272-8043
UNM Mental Health Center, Crisis Unit....................................................272-2800
UNM Women’s Resource Center...............................................................277-3716
Effective Date: March 21, 1997
Revised: 08/02/04, 12/01/06, 09/21/07, 01/01/08
The use and possession of alcohol is prohibited on University property, except as authorized herein. For the purposes of this policy, the use of alcohol refers to the possession, service and/or consumption of alcoholic beverages. This policy governs the use of alcohol on University property. It applies to students, student organizations, faculty, staff, University departments and other entities, and visitors. This policy applies to property owned, leased by, or operated by the University and to all events sponsored by the University or its subunits. It does not apply to property owned by the University and leased to others, unless it would otherwise apply.
The University of New Mexico recognizes that alcohol abuse is a persistent social and health problem of major proportions in society. The University also recognizes that diversity of opinion and freedom of choice are the foundations of institutions of higher education, and that the use of alcoholic beverages by those of legal age is a matter of personal choice. Individuals who choose to use alcohol on University property in accordance with this policy must comply with state law and University policies and procedures, and conduct themselves responsibly, mindful of the rights of others.
2. Use of Alcoholic Beverages
University employees are prohibited from drinking alcoholic beverages or being under the influence of alcoholic beverages during working hours, or while operating or riding in a University vehicle. The use of alcohol on University property is prohibited except as follows or where licensed.
2.1. Alcohol may be used at receptions or other social functions sponsored by a University department or other unit when approved by the University President or designee in advance, in writing. Such events should normally involve special guests of the University or otherwise be a non-routine occurrence, such as a reception for visiting dignitaries or a reception in connection with an academic conference. The reception or function must be by invitation only and held in a location that can reasonably be closed to the public. The following additional restrictions apply:
3. State Law
State law governs many aspects of the consumption and serving of alcohol. All individuals who use and/or serve alcohol on University property must comply with the applicable legal requirements.
4. Purchase of Alcohol
The purchase of alcohol with University funds is prohibited except as follows:
4.1. Alcohol may be purchased for hospitality events for guests of the University; however, payment or reimbursement for the purchase of alcohol shall not be made from instruction & general appropriated funds, student fees, or contract and grant funds. See Section 4.15. of the "Allowable and Unallowable Expenditures" Policy 4000, UBP.
4.2. Alcohol may be purchased for research. The purchase must be approved in advance, in writing, by the University Controller after recommendation by the cognizant dean or director. See Section 2.2. herein for approval requirements of function.
4.3. Alcohol may be purchased by Hodgin Hall pursuant to the club license possessed by the UNM Alumni Association, by the Faculty Club pursuit to its license, and at UNM Championship Golf Course pursuant to its license.
5. Procedures
5.1. Request for Approval
A department sponsoring a function authorized by Sections 2.1. and 2.2. herein must complete a Request to Serve Beer or Wine on University Property (Exhibit A.) and send it fifteen (15) business days prior to the reception or function to the Student Union Administrative Office for review. All requests will then be forwarded to the President's Office for approval . If an entity outside the University co-sponsors any event, the co-sponsor must obtain liquor liability insurance in the amounts required by the University. Proof of insurance must be sent to University Counsel no later than ten (10) business days prior to the event. The University must be named an additional insured.
5.2. Restrictions
Whenever alcohol is used on University property, the following restrictions apply.
5.3. Promotional Materials
Alcohol shall not be mentioned in any promotional materials for an event and shall not be used to encourage participation.
6. Chartered Student Organizations
Chartered student organizations must comply with state law, this policy, and to any provisions in the Chartered Student Organization Policy governing the use of alcohol. Fraternities and sororities must also comply with any provisions in the Fraternity and Sorority Risk Management Policy governing the use of alcohol.
7. Education, Support Groups, and Services for Alcohol-Related Problems
In light of social and health problems associated with alcohol abuse, the University will provide educational services to faculty, staff, and students about alcohol-related problems. Students, faculty, and staff may get assistance from the following University programs.
7.1. Alcohol Information and Educational Presentations
The following University programs provide alcohol information and educational presentations:
7.2. Consultation and/or Referral for Alcohol Related Problems
The following University programs provide consultation and/or referral for alcohol-related problems:
8. Related Policies
Other policies dealing with alcohol on campus at the time of adoption of this policy include:
"Drug Free Environment," Section 2.6, Board of Regents' Policy Manual
"UNM Policy on Illegal Drugs & Alcohol," issued by the President's Office
"Illegal Drugs & Alcohol Policy," Faculty Handbook
"Performance Management", University Business Policies and Procedures Manual
Student Code of Conduct, Pathfinder
Visitors Code of Conduct, Pathfinder
9. Attachments
Exhibit A. - Request to Serve Beer or Wine on University Property (http://www.unm.edu/~ubppm/ubppmanual/2140ex_a.doc).
Effective Date: June 1, 1997
Revised Date: 02/01/07, 08/01/07, 8/01/09
Subject to Change Without Notice
Authorized by Regents Policy 3.1 "Responsibilities of the President"
Process Owner: Program Manager, UNM Campus Office of Substance Abuse Prevention (COSAP)
1. General
The University of New Mexico is committed to wellness, prevention, and providing a healthy environment in which to learn, work , and visit; therefore, smoking and the use of tobacco products are prohibited on all University property except in a small number of designated outdoor areas authorized by the University President. This policy applies to cigarettes, cigars, pipes, smokeless tobacco, all other tobacco products, and other legal smoking preparations, including but not limited to, hookahs, electronic cigarettes, and clove cigarettes. This policy applies to all vehicles on University property, including privately owned vehicles, and all property owned, leased, operated, or under the control of UNM except for branch campuses. Although branch campuses are exempted from this policy, they must comply with the Dee Johnson Clean Indoor Air Act, section 24-16-1 et seq. NMSA 1978, and are strongly encouraged to adopt a similar policy.
Tobacco use is the single, chief, avoidable cause of death and disease in our society. Thirty percent (30%) of all cancers are caused by tobacco use. Environmental Tobacco Smoke (ETS) has been shown, through research and field studies, to be a harmful air pollutant containing over 4,000 chemicals, including more than 50 that are known to cause cancer. The National Toxicology Program estimates that at least 250 chemicals in secondhand smoke are known to be toxic or carcinogenic. Exposure to secondhand smoke has been shown to cause lung cancer, coronary heart disease, and other respiratory problems in nonsmoking adults and children, and the Surgeon General has concluded there is no risk-free level of exposure to secondhand smoke, even small amounts can be harmful to an individual's health. The National Cancer Institute states that smokeless tobacco, including chewing tobacco and snuff, contains twenty-eight (28) different carcinogens proven to cause cancers of the lip, tongue, cheeks, gums, and the floor and roof of the mouth and other diseases of the mouth.
2. Designated Outdoor Smoking Areas
Smoking and the use of any tobacco products are prohibited on all University property except in a small number designated outdoor areas authorized by the University President. Smoking and tobacco use are limited to the confines of designated areas which are clearly marked, and individuals choosing to smoke or use tobacco in designated areas are responsible for properly disposing of all smoking and tobacco litter in the receptacles provided. These designated areas are being provided to create a positive transition for individuals who currently use tobacco as UNM phases into a totally tobacco-free environment. As students and employees achieve success in quitting smoking and stopping the use of tobacco the number of designated areas will be reduced within a five-year period.
3. Compliance and Cooperation
The success of maintaining a tobacco-free campus requires thoughtfulness, consideration, and cooperation between smokers and nonsmokers. Members of our campus community are empowered to respectfully inform others about this policy in an ongoing effort to enhance awareness and encourage compliance. Enforcement of this policy will depend upon the cooperation of all faculty, staff, students, and visitors not only to comply with this policy, but also to encourage others to comply with the policy, in order to promote a healthy environment in which to work and study.
Repeated and/or serious violations by students and visitors can be referred to the Dean of Students for review and action under the Student Code of Conduct and the Visitor Code of Conduct. Repeated and/or serious violations by faculty and staff should be referred to the cognizant dean, director, or department head. Students, faculty, and staff violating this policy are subject to disciplinary action. Those having difficulty complying with these restrictions are encouraged to seek assistance from the resources listed in Section 4.1. and 4.2. herein.
4. Education, Support Groups, and Services for Smokers and Users of Tobacco Products
In light of the numerous adverse health effects associated with active smoking and tobacco use, the University will provide information and educational services to faculty, staff, and students about the hazards of smoking and tobacco use and assistance in quitting for students, faculty, staff, and patients who wish to do so. The University encourages support groups on campus for smokers and users of tobacco products in the process of cutting down or quitting. In addition to consulting with their own health care providers, students, faculty, and staff may get assistance from the following University programs.
4.1. Students
Students may contact the University Student Health and Counseling Center (SHAC) for information and programs on quitting. Additional information may be obtained from the Campus Office of Substance Abuse Prevention (COSAP).
4.2. Faculty and Staff
Assistance in quitting is available for faculty and staff through the University Employee Health Promotion Program. Additional information may be obtained from the University Counseling Assistance and Referral Service (CARS) and the Campus Office of Substance Abuse Prevention (COSAP). Faculty and staff covered by health insurance may contact their health care provider for benefits available under their health plan.
Effective Date: August 28, 2000
The University of New Mexico provides computing services to University faculty, staff, students, retirees, and specified outside clients of the University. These services may be used only for furthering the education, research, and public service mission of the University and may not be used for commercial purposes or profit-making. The use of University computing services is a privilege. Users who have been granted this privilege must use the services in an appropriate, ethical, and lawful manner. Unauthorized access is prohibited and may be monitored and reported to the proper authorities. For the purposes of this policy computing services include all University information and systems using hardware, software, and network services including computer resources entrusted to the University by other organizations.
The University does not provide a warranty, either expressly or implied, for the computing services provided. The University reserves the right to limit a computer user's session if there are insufficient resources, and to cancel, restart, or hold a job, process, or program to protect or improve system performance if necessary.
2.1. User Responsibilities
Users are responsible for all their activities using computing services and shall respect the intended use of such services. Each computing facility has specific rules and regulations that govern the use of equipment at that site and users shall comply with the rules and regulations governing the use of such computing facilities and equipment. Users must understand and keep up-to-date with this policy and other applicable University computer policies and procedures.
Users shall respect all copyrights including software copyrights. Users shall not reproduce copyrighted work without the owner's permission. In accordance with copyright laws, including the Digital Millennium Copyright Act, University Counsel's Office, upon receipt of official notice from a copyright owner, may authorize blocking access to information alleged to be in violation of another's copyright. If after an investigation information is determined by University Counsel's Office to be in violation of another's copyright, such information will be deleted from University computing systems.
2.2. Misuse of Computing Services
The University reserves the right to sanction a user pursuant to Section 4. herein if it is determined, after an investigation by the appropriate office, that the user violated federal or state law or University policy by misusing University computing services. In addition to other standards listed in this policy, examples of misuse include, but are not limited to:
Users, including managers, supervisors, and systems administrators shall respect the privacy of other users. Users must be aware, however, that computing systems can never be totally secure and the University cannot guarantee privacy.
While the University does not routinely monitor individual usage of its computing resources, the normal operation and maintenance of the University's computing resources require the backup and storage of data and communications, the logging of activity, the monitoring of general usage patterns, and other such activities that are necessary for the rendering of services.
The University may also specifically access and examine the account of an individual user if necessary to comply with federal or state law or if there is reasonable suspicion that a law or University policy has been violated and examination of the account is needed to investigate the apparent violation. Requests for access based on reasonable suspicion must be approved in writing, in advance, by the cognizant vice president. Each request must specify the purpose of access and such access will be limited to information related to the purpose for which access was granted. If such access is being requested by a vice president, access must be approved by the President. If such access is being requested by the President, access must be approved by the UNM Board of Regents. The Regents' Internal Auditing Policy authorizes the University Audit Department full and unrestricted access to all University records.
Accessing an employee's computer files for work-related, noninvestigatory purposes--i.e., to retrieve a file or document needed while the employee who maintains the file or document is away from the office--is permitted and does not require authorization by a vice president as long as access is limited to the work-related need. When an employee separates from the University, work-related files remain the property of the University.
Communications and other documents made by means of University computing resources are generally subject to New Mexico's Inspection of Public Records Act to the same extent as they would be if made on paper. Information stored electronically may also be made available in administrative or judicial proceedings; therefore, all employees are urged to use the same discretion and good judgment in creating electronic documents as they would use in creating written paper documents. The University will disclose illegal or unauthorized activities to appropriate University personnel and/or law enforcement agencies.
Use of University computing services in violation of applicable laws or University policy may result in sanctions, including withdrawal of use privilege; disciplinary action, up to and including, expulsion from the University or discharge from a position; and legal prosecution under applicable federal and/or state law.
1. General
The University of New Mexico recognizes its profound relations with other entities both near and far; past, present and future. The University encourages a diverse campus culture that harmonizes UNM’s sustainable goals of environmental protection, social equity, and economic opportunity within the context of its education, research, and public service missions. The University aims to improve performance in all areas of operations thereby meeting the needs of current generations without compromising the prospects of future generations. As a demonstration of this commitment, the University is an active member of the Association for the Advancement of Sustainability in Higher Education (AASHE) and the American College and University Presidents Climate Commitment. In all activities present and future, the University shall develop systems to manage environmental, social, and economic wellbeing with specific goals, objectives, priorities, processes, and milestones by which to verify performance. This policy applies to all University property and activities, including branch campuses.
2. Sustainability Principles
The intention of this sustainability policy is to maintain healthy relationships throughout the network of interactions that satisfy the basic needs of health, shelter, food, and transportation. Thus, it adopts the Principle of Holism in which the system as a whole determines in an important way how the parts behave. The system includes physical, biological, chemical, social, economic, and cultural elements among others.
* Holism encourages strategies that couple desired outcomes to incentives.
* Holism includes accounting for environmental and social impacts beyond the geographic confines of the campus. Ecologically ethical practices that may entail relatively long payback periods are favored over decisions based solely on up-front costs alone.
* Holism views waste as potential resources and thus favors strategies that follow the hierarchy of waste prevention, recycling/reuse, treatment, and disposal.
* Holism requires transparency via participatory planning practices, open documentation, visible implementation, and effective communication to students, faculty, staff, and the public.
3. Governance
Colleges and universities have the unique ability to not only incorporate the values of sustainability into all aspects of operations, but they are also positioned to educate and prepare future leaders, employers, and workers in sustainable values and practices that are critical to the future of society and the environment.
3.1. Organizational Structure and Responsibilities
The University is committed to an integrative, collaborative approach to sustainability reflected in curriculum and operations with involvement by all University stakeholders. To accomplish this objective the Provost will appoint a UNM Sustainability Council chaired by the Director of Sustainability (to be appointed and report to the Director of the Physical Plant). The over-arching goal of the Council will be to develop and monitor a comprehensive sustainability plan for UNM. The Council will consist of members of the Provost's Sustainability Committee, the Director of the Sustainability Studies Program, two (2) ad hoc students, and members representing the ASUNM, GPSA, Faculty Senate, Staff Council, Executive Vice President for Administration, Executive Vice President for the Health Sciences Center, Vice President for Finance, Vice President for Student Affairs, Vice President for Human Resources, Vice President for Advancement, Chief Information Officer, the City of Albuquerque, and the New Mexico Climate Change Action Council.
The UNM Sustainability Council will appoint committees to review campus proposals and programs and make recommendations to the Council regarding initiatives for operations, curriculum, research, and community service that the University should pursue in order to meet its sustainability goals of environmental protection, social equity, and economic opportunity.
3.2. Campus Culture
The University will build a campus culture of sustainability which addresses the three key components: environmental protection, social equity, and economic opportunity with involvement from its three primary stakeholder groups: students, faculty, and staff.
3.2.1. Students
Students can play a powerful, dual role not only through academic studies pertaining to sustainability, but also by working with staff and faculty to implement campus sustainability programs and working with the broader community on sustainability issues thereby making the University a clearinghouse for sustainability in New Mexico. To ensure student involvement, the Director of Sustainability will initiate a collaborative program between student organizations and operational departments which provides opportunities for students to be directly involved in sustainability initiatives, through internships and/or volunteer opportunities. In addition, the Director of Sustainability will work with academic areas to provide the opportunity for student involvement in sustainability projects and programs as part of their academic studies.
3.2.2. Faculty
Faculty has a powerful impact on the future of sustainability by preparing students for their roles as future leaders, employers, and workers. Faculty also play a valuable role in creating academic and research knowledge pertaining to environmental protection, social equity, and economic opportunity issues and sharing that information with students, staff, and the community. In addition, faculty will work with staff to identify ways to incorporate UNM's sustainability operational programs into academic and research projects.
3.2.3. Staff
Staff members play a critical role in helping UNM achieve its sustainability goals as front-line advocates for and practitioners of sustainability principles and practices in the day-to-day operations of the University. Staff will review and evaluate their departmental activities to identify ways to reduce energy use, reduce waste, reuse materials and supplies, recycle whenever possible, and take innovative actions which help UNM meet its sustainability goals.
3.2.4. National and International Sustainability Initiatives
UNM will join other colleges, universities, and organizations in committing to sustainability initiatives that align with our sustainability goals. Some of these current initiatives include the Talloires Declaration, the American College and University Presidents Climate Commitment, and Architecture 2030.
3.3. Environmental Protection
In accordance with the American College and University Presidents Climate Commitment (ACUPCC) the Sustainability Council will:
* develop an action plan for achieving carbon neutrality,
* be responsible for implementing and monitoring progress on the other requirements of the ACUPCC, and
* set quantifiable goals for reductions in energy use, water use, resource use, wastewater emissions, and solid waste emissions.
3.4. Social Equity
UNM should consider the principles of environmental justice in its operations, activities, and research, and avoid inequitable and disparate impact where possible. The University is subject to New Mexico Governor’s Executive Order 2006-001, which will serve as a guide to the Sustainability Council in implementing sustainability programs.
3.5. Economic Opportunity
The Campus Sustainability Council will identify funding for sustainability projects proposed by students, faculty, and staff and provide work-study opportunities for students. The University will also help boost the State's sustainability industry by increasing demand for clean energy, clean cars, recycled products, and green building materials.
4. Operations
A broad network of University employees supports the educational and research activities of the University. The network provides the facilities, transportation, landscape, utilities, communications, and administrative foundation necessary to operate the University. University operations expend the majority of the overall resources consumed by UNM; therefore the following goals have been developed to incorporate sustainability into University operations.
4.1. Campus Culture
Operations personnel are encouraged to develop an understanding of how their activities are related to sustainability and will be encouraged to develop more sustainable practices. Management will provide employees with access to organizations and resources promoting sustainability and will incorporate sustainability into the University Values Section of employee performance reviews. The Sustainability council will develop a recognition and award program specifically to promote sustainability. Internships and volunteer opportunities will be offered to students to assist with the implementation of operational projects.
4.2. Environmental Protection
The Director of Sustainability will develop a greenhouse gas (GHG) reduction plan with milestones for every five (5) years.
4.2.1. Facilities
The maintenance and operation of campus buildings is the single largest source of campus greenhouse gas (GHG) emissions at UNM. Substantial reduction of campus GHG emissions can only be achieved with campus facilities that are designed with consideration for the environmental impact over the life of the facility. To achieve this objective all construction or renovation projects at UNM will be designed to emphasize the life cycle costs associated with the operations and maintenance of the facility over initial capital costs and to meet or exceed the U. S. Green Building Council's (USGBC) LEED Silver standard per the Governor's Executive Order 2006-001.
4.2.2. Transportation
Transportation to and from the Albuquerque campus, the largest trip generator in the metro-area, is a large community-wide source of GHG emissions. Substantial reduction of transportation related GHG emissions should be achieved by providing incentives and convenient accommodation for low emission transportation options.
4.3. Social Equity
Campus consumption of resources and products shall not knowingly put people elsewhere at significant risk for environmental contamination or diminished social welfare. Products, building materials, furnishings, and food used at the University impact communities elsewhere in the course of resource extraction, manufacturing, distribution, and disposal. Procurement will favor suppliers that demonstrate sustainability practices. When purchasing these items, departments should select vendors that strive to minimize negative impacts on all communities affected.
4.4. Economic Opportunity
The green economy favors energy efficiency, reduced use of materials, minimized waste and pollution, and corporate responsibility for fates of materials over product lifetimes, so whenever possible departments should support the local green industry. In addition, UNM will continue to build a creative materials management program that promotes reuse, reduces consumption, minimizes waste, and maximizes recycling.
Substantive changes to University operations will require dedicated resources. This can be achieved with a specific annual source of funding for sustainability projects and the reinvestment of realized savings from previous projects. Thus, UNM will provide an annual source of funding for sustainability projects and each project that has economic savings will identify the beneficiary of the savings with 50% of the realized savings utilized for future sustainability projects.
5. Curriculum and Research
Education and research are core missions of the University. The curricula in each department were developed over the history of the University as knowledge expanded and external needs evolved, and represent the collective wisdom of generations of educators. As a consequence, changes to the curriculum should not be approached lightly. Nevertheless, we now find ourselves in a situation where sustainability is a moral imperative, not a choice, and special efforts must be made by faculty, administrators, and students alike to ensure that curricula and research evolve rapidly to reflect sustainability issues relevant to each particular area.
Society is challenged to provide the basic needs of health, water, energy, food, shelter, and transportation now and for future generations. To address these societal challenges, each college and school at UNM will strive to integrate sustainability knowledge and methodologies from the sciences, humanities, and arts into curricula and research in order to provide students with educational opportunities and support pertaining to sustainability. In addition, these programs will prepare students for rapidly growing career opportunities in business, education, government, and the non-profit sector linked to sustainability. The Sustainability Studies Program can assist and support colleges and schools as they develop sustainability curricula.
5.1. Campus Culture
A campus culture of sustainability requires a holistic and systemic approach that can be encouraged via the development of interdisciplinary courses, programs, and projects. Flexibility in curricula should be increased so that students can increase their knowledge about sustainability issues of interest. Guest lectures on relevant topics by faculty from different disciplines should also be encouraged to promote awareness of far-reaching impacts of a particular discipline. Performance reviews will reward faculty who make an effort to include sustainability in their teaching. Similarly, awareness of sustainability issues should be part of the assessment of student work.
5.2. Environmental Protection
The professional practice of most disciplines impacts the environment. In each discipline with direct or indirect links to environmental protection, the curriculum should incorporate discussion of impacts on the environment and promote sustainable practices. The development of dedicated common courses in the context of broad areas of study (e.g. engineering, arts and sciences, law) addressing environmental protection and sustainability will be included as part of UNM's core curriculum.
5.3. Social Equity
Social equity is an often overlooked but integral component of any approach to sustainability. The impacts of each discipline on social equity should be considered in curriculum development. Different disciplines impact social equity to different extents. Course content should include concepts of social equity as a consequence of its relevance to the subject matter.
5.4. Economic Opportunity
* Curricula should be forward looking, and highlight the potential for continued economic development afforded by sustainable practices.
* Economic development should be viewed long-term and in a way that accounts as best as possible for true costs.
* The concept of externalities should be used to compare sustainable practices with traditional ones.
* Courses focusing on future technologies and sustainable practices should be developed by 2012. Current courses should be revised by 2010 to reflect a changing economic environment.
6. Community Service
UNM will serve students, faculty, and staff, as well as the community at large, by providing leadership and setting an example of how to achieve the triple bottom line of environmental protection, social equity, and economic opportunity. UNM will export this knowledge through community programs such as UNM Continuing Education, the Research and Service Learning Program (RSLP), Areas of Public Engagement (APE), and internships. In addition, UNM will serve as a clearing house of sustainability information and resources through the Sustainability Studies Program for the wider community.
6.1. Campus Culture
UNM will foster a campus culture of community members initiating and participating in activities that support the University in achieving sustainability through its governance, operations, and curriculum and research.
6.2. Environmental Protection
All campus community members should be aware of the extent to which their actions can negatively or positively impact the environment. In that the University shall strive to establish the lead for environmental protection in New Mexico, it should encourage engagement by faculty, staff, or students in community service projects that positively impact the environment and discourage those that impact the environment negatively.
6.3. Social Equity
University community service projects or activities shall strive to ensure that all members of the community benefit, and that none are left worse off through community service actions.
6.4. Economic Opportunity
In striving to fulfill its mission to provide increased economic opportunity for New Mexicans, the University will consider the environmental and social impacts of proposed community service proposals and business plans as well as profitability. To do so, cross disciplinary approaches to planning will be encouraged.
7. Related Documents
* UNM Sustainability Smart Objectives
Adopted by the President July 2, 1992
Revised September 2000, December 2000
Chartered Student Organizations (CSO’s) are formed to further the common interest of the members of the group and the University community. The role of chartered student organizations is an essential part of the co-curricular program at the University. Open to all eligible students and facilitated through faculty and staff resource persons, these organizations develop many opportunities for learning which supplement and reinforce the classroom activities for students.
An application and handbook for Chartering may be obtained at the Student Activities Center. The completed chartering form and constitution and bylaws must be submitted for approval by the Dean of Students. Each fall semester the organization will be expected to submit an updated chartering form and constitution to be registered as a CSO. The organization and officers do not have the legal authority to enter into contracts on behalf of the University. Chartering does not constitute an endorsement of an organization, its program or purposes by the University.
a. Chartering allows access to some University facilities such as equipment, meeting rooms and display tables in the Student Union Building. Many of these facilities are available at no cost to the organization.
b. CSO’s may request the use of a mailbox in the Student Activities Center.
c. CSO’s are eligible to request funding from ASUNM and GPSA governments. Funding approval by each student government is determined by internal policies and is not guaranteed by University recognition.
d. CSO’s are eligible to receive advice and assistance in organizing events, fund raising and recruitment from Student Activities Center staff.
e. CSO’s will be listed in the Campus Guide to Chartered Student Organizations, published every fall semester.
a. All Chartered Student Organization officers must be registered students at the University of New Mexico. Undergraduate students serving as officers must be registered for a minimum of six credit hours per semester. Graduate and professional students serving as officers must be registered for a minimum of three credit hours per semester.
b. Each Chartered Student Organization must have at least ten members.
c. One hundred percent (100%) of the membership of social fraternities and sororities and CSO’s identified by the Student Activities Center as sport and recreation organizations shall be UNM students registered for the requisite number of credit hours. For all other CSO’s, at least seventy-five percent (75%) of the membership shall be UNM students carrying the requisite number of credit hours.
d. The organization must have a faculty or professional staff advisor.
e. Neither membership in the organization, nor services provided by the organization will be denied to anyone on the basis of race, color, religion, national origin, physical or mental handicap, age, sex, sexual orientation, ancestry, or medical condition. This applies to all groups with the exception of those organizations specifically exempted in Title IX of the Education Amendments of 1972. Exempt groups may not discriminate on any basis other than gender. Examples of exempt organizations are National Fraternal Organizations. Organizations may establish additional membership and academic eligibility for their organization.
f. The organization's current constitution and bylaws must be on file with the Student Activities Center.
g. CSO’s must meet all additional requirements developed by a University unit before using facilities or property under the control of that unit.
h. The activities of CSO are not covered by UNM’s general liability insurance coverage. Two of the officers of all CSO’s must therefore annually attend a Chartering Workshop given by the Student Activities Center which includes information on safety and liability issues.
i. CSO’s must adhere to the constitution, bylaws and statement of purpose of the organization.
j. Organizations receiving funding from the University must follow the fiscal policies and procedures of the University. In addition, organizations receiving ASUNM and, or GPSA funding agree to follow the fiscal guidelines developed by the Student Government Accounting Office.
k. CSO’s must deposit all funds received from any source in a University account established by the University Controller if the organization also receives funding from ASUNM, GPSA, Student Fees, or other University funds. Organization accounts in off-campus financial institutions cannot use the name “University of New Mexico” or “UNM” in the title of the account or the University’s tax identification number.
l. CSO’s must schedule campus-wide programs and events through the Student Activities Center a minimum of seven days prior to the event.
m. The organization must adhere to all applicable University rules and regulations, including the Student Code of Conduct.
n. If an event of the CSO is judged to threaten the health, safety or property of members of the University community, the request for scheduling may be denied by the Student Activities Center. Decisions can be appealed in writing to the Dean of Students.
a. The Dean of Students Office is responsible for dealing with the failure of any CSO to meet the responsibilities outlined above. In response to such a failure, the Dean of Students Office may revoke or suspend the organization's charter, or place the organization on probation with appropriate conditions. The conditions may include a fixed period of time in which the organization must rectify any failure to meet its responsibilities. Appeals of such a decision can be made to the Vice President for Student Affairs.
b. A CSO and, or its officers may be liable as an organization and/or individually for the actions of a member that violate the Student Code of Conduct if (1) the member’s actions received the tacit or overt consent, support or encouragement of the CSO and/or its leaders, officers, officials or spokespersons; or (2) the CSO conducted affairs negligently. Individual responsibility means the officer will be deemed to have committed a violation of the Code of Conduct personally, which will be dealt with by the Dean of Students Office under Article 4, of the Student Grievance Procedure. Collective responsibility for the organization means that the organization will be considered to have violated the Code of Conduct and will similarly be dealt with under Article 4, with the provision that instead of the possible sanctions of suspension or expulsion, a CSO is subject to the sanctions of probation, suspension or revocation of the organization charter.
c. The officers or leaders or any identifiable spokesperson for a CSO may be directed by the Dean of Students Office to take appropriate action designed to prevent or end violations of this Policy by the organization or by any person associated with the organization who can reasonably be said to be acting on its behalf. Failure to make reasonable efforts to comply with such a directive shall be considered a
violation of this Policy.
A. Fraternities and sororities have special privileges and responsibilities, above and beyond the privileges and responsibilities of other student organizations. In addition to the other responsibilities listed below, fraternities and sororities must be members of the Interfraternity Council, Panhellenic Council or Pan-Hellenic Council. The University establishes rules and regulations governing special fraternity and sorority activities, housing, recruitment, and system policies, through these councils, with final approval residing in the University administration through the Dean of Students Office.
Enforcement of these rules and regulations is also carried out councils, with final approval residing in the University administration through the Dean of Students Office.
B. REQUIREMENTS
a. All members must be UNM students registered for a minimum of six credit hours per semester.
b. Sororities and fraternities must agree to follow the University of New Mexico Fraternity Risk Management Regulations.
c. The national organization must be a member of the Fraternity Insurance Purchase Group or have comparable risk management regulations that have been approved by UNM.
d. Each residential chapter shall have an annual fire and safety inspection.
C. PRIVILEGES
a. Each fraternity and sorority will receive a list of semester grades for members of the group who have completed the UNM grade release form.
b. Sororities and fraternities will have access to UNM police at Chapter House property if located in the Sigma Chi Road and Mesa Vista area.
c. Sororities and fraternities will be given consideration for University-owned and leased property in the Sigma Chi Road and Mesa Vista area.
d. The Dean of Students will provide the required faculty or staff advisor upon request.
A. CSO’s identified by the Student Activities Center staff as sports and recreation organizations have special privileges and responsibilities, above and beyond the privileges and responsibilities of other CSO’s.
B. Requirements
a. All members must be UNM students. Undergraduate members must be registered for a minimum of six credit hours per semester. Graduate and professional student members must be registered for a minimum of three credit hours per semester.*
b. Sport and recreation organizations must agree to follow all policies and regulations as contained in the University of New Mexico Recreational Services’ Sports Club Handbook.
Sport and recreation organizations will be classified by Recreational Services as either competitive, recreational or instructional.
1.Competitive – Organization competes against other teams at the local, regional or national level.
2.Recreational – Organization holds practice sessions in which members compete with other members of the same club to develop and refine existing skills and enjoy the recreational and social fellowship of sport and recreation.
3.Instructional – Main purpose of this organization is to teach members basic skills and develop interest in that sport.
C. Privileges
1. Sport and recreation organizations will have access to specialized training for American Red Cross First Aid, CPR and Preventing Disease Transmission.
The University of New Mexico uses the individual’s social security number as the student’s identification at the University. This number is used for record keeping only. The authority to use the social security number as the student’s number comes from the Board of Regents and was adopted on March 24, 1967. It is therefore mandatory that students disclose their social security number to the University for identification purposes.
Effective Date: May 8, 1998
Revised: 06/01/07, 01/01/08
1. General
The official form of University identification is the University photo identification card called the Lobo Card. Lobo Cards are issued to University students, faculty, full-time and part-time regular staff, emeritus faculty, retirees, and other eligible individuals such as students in special programs and volunteers. Lobo Cards are issued with the individual's photo taken by the University Lobo Card Office. Lobo Cards are the property of the University and must be returned upon request.
The Lobo Card is issued once and is valid immediately. The expiration date is determined by the individual's relationship to UNM and assigned by the Banner system, and the card is deactivated:
2. Assignment of Cards
The Lobo Card Office, located in the Student Union Building (SUB), Room 1077 will issue Lobo Cards to eligible individuals. Proper identification, including a photo ID is required. At specified times, satellite sites may be set up at other locations for the convenience of students and employees. Individuals with special needs should contact the Lobo Card Office for assistance.
A department wishing to request a Lobo Card for an individual who is not a regular student, faculty member, or regular staff employee should submit appropriate paperwork to the office or individual tasked with Banner General Person data entry for that department. Once properly entered into Banner General Person, the individual should be assigned to the appropriate affiliate role. Once the individual has been assigned to the correct affiliate role with a valid expiration date, the Banner system will generate a record for the Lobo Card database. At that point the individual can, by presenting proper, government-issued Photo ID, received an affiliate Lobo Card.
2.1. Lost or Stolen Cards3. Disclosure of Information
Lobo Cards issued will display the individual's name, photograph, status, and UNM ID number, along with the Lobo Card number. Faculty and staff employees who are also students may have two (2) status designations listed on their Lobo Cards. For security reasons, multiple cards will not be issued. The individual's name, UNM ID number, and Lobo Card ISO number will be imbedded in the mag stripe data.
This information is used to process the card and will be treated as private, confidential information to the extent permitted by law and will be used only for official University business. The information will not be disclosed to outside organizations without the explicit written consent of the individual.
4. Lobo Card Activated Benefits and Services
The Lobo Card allows eligible individuals to use certain University services and benefits as defined by University policy. The Lobo Card is unique to each individual and will allow only those services or benefits the individual is entitled to, such as allowing library services but not access to a particular building or parking structure.
4.1. Benefits
Benefits may include, but are not limited to:
5. Fraudulent Use
Re-touching or alternation of card photographs are prohibited. Unauthorized possession, use, or reproduction of a Lobo Card is prohibited and may constitute theft. In such cases, the individual(s) involved will be prosecuted (30-14-2 NMSA 1978). Violation of this policy may result in disciplinary action.
6. Change in Employment or Affiliation with UNM
6.1. Separation of Employment
6.1.1. Staff Employees
A staff employee who separates from the University, must turn in his or her Lobo Card and any other University identification to the Department of Human Resources. The Department of Human Resources must sign off on the Separation Check-Off List in accordance with "Separation of Employment" Policy 3225, UBP.
6.1.2. Faculty - Main Campus
A faculty member who separates from the University, must turn in his or her Lobo Card and any other University identification to the Faculty Contracts/Services Office. The Faculty Contracts/Services Office must sign off on the Faculty Termination Checklist. Checklist forms are available from the Faculty Contracts/Services Office.
7. Revenue
Revenue generated by the Lobo Card goes toward the operation of the Lobo Card Office.
ALSO SEE FACULTY HANDBOOK D100
Adopted by the President June 15, 1992
Each student is expected to maintain the highest standards of honesty and integrity in academic and professional matters. The University reserves the right to take disciplinary action, up to and including dismissal, against any student who is found guilty of academic dishonesty or otherwise fails to meet the standards. Any student judged to have engaged in academic dishonesty in course work may receive a reduced or failing grade for the work in question and/or for the course.
Academic dishonesty includes, but is not limited to, dishonesty in quizzes, tests, or assignments; claiming credit for work not done or done by others; hindering the academic work of other students; misrepresenting academic or professional qualifications within or without the University; and nondisclosure or misrepresentation in filling out applications or other University records.
Students are expected to attend all meetings of the classes in which they are enrolled. A student with excessive absences may be dropped from a course by the instructor with a grade of WP or WF or the student may recieve a grade of F at the end of the semester. Absences due to illness, or to authorized University activity such as field trips, athletic trips, etc., are to be reported by the student to his/her instructor(s) and to the Dean of Students Office. If a student is unable to contact his/her instructor(s) the student should leave a message at the instructor's department. The reporting of absences does not relieve the student of responsibility for missed assignments, exams, etc. The student is to take the initiative in arranging with his/her instructor(s) to make up missed work, and it is expected that the faculty member will cooperate with the student in reasonable arrangements in this regard.
Verification (such as doctor's note, hospital billing, military orders, death notices, etc.) of a student's report of absence will be provided on request and in accordance with the following general procedures.
Short-Term Absence (1-4 days). When notified in advance of an absence of 1- 4 days, the Dean of Students Office will prepare an absence notice which the student may pick up and personally deliver to his/her instructor(s). On absences of 1-4 days reported to the Dean of Students Office after the fact, an absence notice may be picked up by the student after consultation with a dean, if such consultation provides a basis for issuing a notice.
Extended Absence (5 days or longer). The Dean of Students Office will send absence notices to instructor(s) on absences of 5 days or longer when notification of the absence is received prior to or at the onset of the absence. If notified after the absence, the absence notice will be prepared, but the student must hand carry the notice to his/her instructor(s). Verification of extended absences is recommended (such as a doctor's note, hospital billing, etc.)
Exceptions. On request, members of the Dean of Students staff will review specific absence situations to determine if exceptions to the established absence procedures are warranted.
It should be noted that written medical excuses for class absence will not be issued routinely by the Student Health Center except in the case of physical education classes, where participation would be detrimental to the student's condition. Where confirmation of a student's attendance at the Health Center is required by a member of the teaching staff, this will be furnished on direct enquiry, without revealing the medical details necessitating such attendance. If it appears that a student will be absent for a week or more, the Dean of Students will be notified.
General procedures adopted by the Dean of Students, 3/29/01.
As a service to students, the Dean of Students Office will send instructors notices in the event of an extended absence, inability to reach instructor(s) or department(s), or emergency situation. Examples of this would include sudden death in the family, sudden hospitalization, incapacitating physical injury, military orders requiring immediate departure, etc.
As a service to instructor(s), the Dean of Students Office will verify a student's reported absence so instructor(s) can determine if make-up work is allowed. Many instructors post their attendance and make-up policies on their syllabus. The reporting of absences does not supercede the instructor(s) policy.
The Dean of Students Office is located on the second floor of the Student Services Center, Room 280, (505) 277-3361, TDY 277-6053. Email address is doso@unm.edu.
Excerpt from UNM Catalog 2007-2008 (pg. 44)
Policies regarding student attendance at class meetings are set by each instructor. Students should not assume that nonattendance results in being dropped from class. It is the student’s responsibility to initiate drops or complete withdrawals utilizing http://registrar.unm.edu/ or LoboWeb http://my.unm.edu or LoboPhone (246-2020).
A student with excessive absences may be dropped from a course with a grade of WF, upon recommendation of the instructor. Instructor initiated drops are submitted to the Records and Registration Office.
In recognition of the service of deployed military personnel, the University of New Mexico has established simplified procedures for withdrawal and re-enrollment.
Under faculty regulations, students who formally withdraw from the University before the end of the twelfth week of the semester due to military obligations are entitled to a grade of WP in each course in which he or she is enrolled. Military orders or evidence of enlistment must be made available to the Dean of Students Office. A student who withdraws due to military obligations after completing twelve weeks of instruction will receive full credit for each course in which he or she is enrolled, provided the instructor certifies a grade of C or better for the course at the date of formal withdrawal. He or she will receive a grade of WP if the instructor certifies a grade of less than C. Students must opt for either a tuition refund or for a grade assignment after the twelfth week. A final semester senior who has satisfactorily completed at least half of the work in courses for which he or she is enrolled that semester, provided these would complete his or her degree requirements, may be certified for graduation by the faculty of his or her college.
All deploying students should contact the Dean of Students’ Office (DOS). That office will assist the students with the withdrawal process, including refunds for books, parking, and residence halls.
Once a returning service member contacts the DOS concerning re-enrollment, the DOS will contact the Admissions Office. Upon receipt of notification of the student’s return, the Admissions Office will update the student’s admission record (with no application or fee) for the term the student intends to re-enroll. If a student was a resident for tuition purposes at the time of deployment, the student shall return to the University as a resident. Once the student’s admission record is updated, the Admissions Office will inform the DOS.
When the internal steps are completed, the DOS will contact the student. The staff will instruct the student to contact the Associate Registrar for Registration to personally complete the registration process for the term in which the student is returning. DOS will give the student a direct phone number or e-mail address to contact in the Office of the Registrar to complete registration.
Established by the NM Commission on Higher Education (CHE Rule 910)
Effective Fall 1996
Registrar’s Office, Student Services 261, 277-2125.
All students are classified according to their residency status for tuition purposes. Any student wishing to change from nonresident to resident classification must petition through the Registrar’s Office. New students must change their residency status through the Admissions Office.
To become a legal resident of New Mexico for tuition purposes, four basic requirements must be completed. Each person must meet the requirements individually.
1. THE TWELVE MONTH CONSECUTIVE PRESENCE REQUIREMENT.* A person must physically reside in the state for the twelve consecutive months immediately preceding the term for which the resident classification is requested. Note: Students must be 19 years old to establish their own residency.
2. THE FINANCIAL INDEPENDENCE REQUIREMENT. Only persons who are financially independent may establish residency apart from parents or guardians. A student cannot be approved for residency who is financially dependent upon his/her parents or guardians who are nonresidents of New Mexico. Dependency is always based on the previous tax year for residency purposes. If under the age of 23 at the time the student applies for residency, a copy of his/her parents’ or guardians’ 1040 or 1040A U.S. income tax form for the previous tax year must be submitted with the application to verify this status. If the student is shown to be a dependent on this tax form, he/she will not be considered financially independent during the current year.
3. THE WRITTEN DECLARATION OF “INTENT” REQUIREMENT. The student must sign a written declaration of intent to relinquish residency in any other state and establish it in New Mexico.
4. THE OVERT ACTS REQUIREMENT. New Mexico requires the completion of several “overt” acts which support the student’s written declaration of intent to become a permanent resident. The student must meet the requirement of all of the overt acts listed in this section unless they can sufficiently demonstrate why the are unable to do so. The required over acts are:
1) if employed, evidence of employment within the state of New Mexico;
2) if employed in New Mexico, evidence of payment of New Mexico state in
come tax;
3) a New Mexico driver’s license;
4) a New Mexico vehicle registration; and,
5) voter registration in New Mexico.
NOTE: Any act considered inconsistent with being a New Mexico resident--such as voting, securing and/or maintaining a driver’s license or automobile registration in another state, etc.--will cause the petition to be denied.
Active duty military stationed in New Mexico, their spouses and dependents, are eligible for waivers for nonresident tuition. A form must be submitted to obtain this waiver.
* The spouse and dependent children of a person who has moved to New Mexico and has obtained permanent full-time employment (sufficient documentation is required) shall not be required to complete the twelve month durational requirement. However, all other requirements must be satisfied.
Law enforcement officers, in the performance of their authorized duties, may carry weapons on campus. ROTC students conducting required and supervised drills may carry inoperable weapons only for the purpose of those drills.
With the foregoing exceptions, no person may use or possess a weapon on any part of campus. For the purpose of this policy, weapons include, but are not limited to, firearms, ammunition or other dangerous weapons, substances, or materials, bombs, explosives, or incendiary devices. Persons with such weapons, materials, or devices must enter campus at the closest point to the Campus Police Office and deposit all weapons or materials at that office for the duration of their stay. Dangerous substances and materials used for University business, such as research, must be authorized in advance by the Department of Risk Management.
If any person does carry such weapons and/or materials on campus, the weapons and/or materials may be impounded by a law enforcement officer for the duration of the person's stay on campus and the person may also be subject to appropriate disciplinary and/or criminal action.
Effective Date: July 1, 2001
1. General
The University of New Mexico maintains an environment designed to support the education, research, and public service mission of the University. Since the presence of animals on University property can adversely affect the normal functions of the University, disrupt community living on campus, and interfere with the rights of others to participate in University activities by causing bodily harm to individuals, unsanitary conditions, and nuisances, the University has adopted the following policy pertaining to animals on campus. This policy does not apply to animals used by the University for teaching, research, therapeutic, or other authorized University activities.
2. Restrictions
All animals on University property must be on a leash and under the constant supervision and control of their owner/guardian at all times. Except for service animals, animals are not permitted in University buildings or facilities except as authorized by the appropriate dean, director, or department head. Animals may not be left unattended at any time on campus. Animals may not be tied or tethered to any University property, including, but not limited to buildings, railings, bike racks, fire hydrants, fences, sign posts, benches, and trees. Animals are not permitted on athletic fields or in flower gardens/beds, fountains, or the duck pond. Animals may not disrupt or interfere with University activities, including but not limited to teaching, research, service, or administrative activities. Owners/guardians are responsible for:
ensuring their animals have all vaccinations and licenses required by applicable laws and ordinances;
controlling their animals;
cleaning up after their animals;
any damage to property or injury to person caused by their animals; and
complying with this policy and all state, county, and city laws pertaining to animal control while on campus.
3. Violations
Owners/guardians who violate this policy may be given a citation by Campus Police and may be subject to charges under the "Student Code of Conduct" and the "Visitor Code of Conduct." Any person may contact Campus Police to report a violation of this policy.
Effective Date: January 24, 2000
The University recognizes the value of bicycles, skates, skateboards, and other similar nonmotorized vehicles as nonpolluting forms of transportation and healthful recreation. Although the University encourages the use of nonmotorized vehicles for commuting to campus and for cautious transportation on campus, inappropriate use can cause injuries to persons and damage to property. Individuals using bicycles, skates, skateboards, and other nonmotorized vehicles on campus must at all times yield to pedestrians, use due caution, and exercise concern for the safety of self and others. Motorized and non-motorized devices used by mobility-impaired individuals are excluded from this policy. The President of the University may ban specified types of nonmotorized vehicles from all University property or from particular areas on campus, on either a permanent or temporary basis.
Users of nonmotorized vehicles, including bicycles, skates, skateboards, and other similar devices on University property must comply with all aspects of this policy seven (7) days per week, twenty-four (24) hours per day. Users include, but are not limited to, students, faculty, staff, and visitors. Persons believed to be in violation of this policy must produce identification upon request.
For the purposes of this policy nonmotorized vehicles include, but are not limited to, the following:
The users of nonmotorized vehicles are responsible for being in control at all times of their bicycle, skates, skateboard, or other nonmotorized vehicle so as not to endanger the safety of themselves or others. In all situations, pedestrians have the right of way and users of nonmotorized vehicles must yield to pedestrians. The speed of nonmotorized vehicles shall be limited to a prudent rate that will avoid collisions. Users must keep a reasonable distance, generally 15 feet, from buildings to ensure use of nonmotorized vehicles does not disrupt University classes or business, interfere with pedestrian traffic, or damage physical structures. Areas fifteen (15) feet around buildings, areas inside buildings, and handicap ramps are designated as Dismount Areas in which the use of nonmotorized vehicles is prohibited. Dismounting may be necessary to access bicycle racks. Users are encouraged to use safety helmets and other protective equipment and clothing. Bicyclists shall comply with all applicable state laws and regulations concerning the proper riding of bicycles and required equipment including lamps, bell, and brakes.
The following acts with nonmotorized vehicles are prohibited on University property at all times:
The UNM Police Department and the University Safety, Health, and Environmental Affairs Department are responsible for enforcing this policy.
4.1. Sanctions
All student and visitor violations will be referred to the Dean of Students for review and action under the Student Code of Conduct and the Visitor Code of Conduct. All faculty and staff violations will be referred to the cognizant dean, director, or department head. Violators of this policy may also be subject to arrest for violation of state law.
Bicycles improperly parked on University property or inside University buildings as described above are subject to removal under the direction of the Department of Safety, Health, and Environmental Affairs in coordination with the UNM Police and/or the University Physical Plant Department. Impounded bicycles may be retrieved at the UNM Police Department.
Users are encouraged to register their bicycles free of charge at the University Police Department. Registration helps in the location and identification of stolen bicycles.
Regents Policy Manual 2.2
Adopted: September 12, 1996
This policy applies to all speakers at the University who are not affiliated with the University of New Mexico, whether or not sponsored by members of the campus community.
The University encourages free inquiry on the campus. It has confidence in the ability of its students, faculty, and staff to critically evaluate all ideas that may be expressed at the University by speakers from off campus.
As an educational institution, the University expects that presentations of speakers in University facilities will be of educational value, and that they will be conducted in an orderly manner. The responsibility for determining the educational value of invited speakers rests ultimately upon the group authorized to extend the initiation. No University organization should accept speakers imposed upon it by any outside agency or individual, nor should an organization lend its entitlement to invite a speaker merely as an accommodation to anyone.
University facilities normally will not be made available for non-affiliated or non-sponsored speakers. Exceptions will be made for candidates for state and national political office and for speakers who address closed audiences of organizations that use University facilities on an invitational or rental basis. This policy is not intended to restrict the use of University facilities for meetings of a professional or academic nature arranged as part of the University's regular functions.
Speakers approved in accordance with University procedures should be allowed free expression of their views. Members of the audience with divergent points of view should permit such speakers to be heard without harassment.
Effective Date: January 14, 2002
Subject to Change Without Notice
As an institution that exists for the express purposes of education, research, and public service, the University is dependent upon the unfettered flow of ideas, not only in the classroom and the laboratory, but also in all University activities. As such, protecting freedom of expression is of central importance to the University. The exchange of diverse viewpoints may expose people to ideas some find offensive, even abhorrent. The way that ideas are expressed may cause discomfort to those who disagree with them. The appropriate response to such speech is speech expressing opposing ideas and continued dialogue, not curtailment of speech.
The University also recognizes that the exercise of free expression must be balanced with the rights of others to learn, work, and conduct business. Speech activity that unduly interferes with the rights of others or the ability of the University to carry out its mission is not protected by the First Amendment and violates this policy.
The University is committed to tolerate all peaceful speech activities carried out upon the campus unless those activities destroy or materially damage property, materially disrupt other legitimate University activities, or create a substantial health or safety hazard. This policy applies to all buildings, grounds, and property owned or controlled by the University.
3.1. Speech Activities
Speech activities protected by this policy include speechmaking, praying, the distribution of written materials, picketing, assembling in groups, demonstrating, sidewalk chalking, erecting symbolic structures, and any other actual or symbolic speech or conduct intended to communicate an idea.
3.2. Legitimate University Activities
Legitimate University activities include teaching, research, and public service; all of the administrative operations supporting those activities; and the performance of all University approved educational, commercial, research, professional or other activities by public or private contractors, tenants, or permittees. An activity scheduled under Section 4. herein is a legitimate University activity.
3.3. Materially Disrupting Activities
A speech activity materially disrupts other legitimate University activities when a reasonable person is unable to effectively perform a legitimate University activity because of the speech activity taking place. Examples of when a speech activity may materially disrupt other legitimate University activities include, but are not limited to:
• Conducting the speech activity at a volume that substantially disrupts the normal use of classrooms, offices, laboratories, and other University facilities or grounds;
• Physically preventing persons from entering or leaving a building or premises;
• Conducting a speech activity inside a building and not ending it at or before the close of the building's regular hours;
• Destroying or materially damaging any property; or
• Creating a substantial health or safety hazard.
Subject to the exceptions described in Section 4.1. below, scheduling to use University facilities for speech activities is not required. Users, however, should be aware that many facilities, both indoor (e.g. classrooms) and outdoor (e.g. Johnson Fields), are used for regularly scheduled activitiesthat have priority over other uses. In order to reserve the desired space and avoid conflicts with other users, groups or individuals wanting to use a regularly scheduled University facility for a speech activity are encouraged to schedule it at least twenty-four (24) hours in advance with the University Student Activities Center, or the office that schedules the desired venue, as advised by the Student Activities Center. Users who fail to schedule a speech activity that occurs and unduly interferes with a prior scheduled activity are in violation of this policy.
4.1. Scheduling Required
Because of size, safety, logistics, and other considerations, the following types of speech activities must be scheduled in advance:
• Assemblies or large events in a University auditorium or similar facility. Users must schedule such events following the procedures of the appropriate University office that oversees the facility.
• Planned demonstrations on campus. A planned demonstration is a public manifestation of protest, condemnation, or approval; taking the form of a mass meeting, procession, picket, or similar activity which is organized and promoted more than a day before the event. Users must schedule such events with the Student Activities Center at least twenty-four (24) hours in advance. This does not apply to spontaneous demonstrations for which there is no prior promotion or organization or where events do not allow at least twenty-four (24) hours notice in advance. In such situations, as much prior notice as possible must be provided to the Student Activities Center.
• Building a symbolic structure on campus, which must be scheduled with the Student Activities Center at least twenty-four hours in advance.
Scheduling does not operate as a process for prior approval of speech activities based upon content. Speech activities will be scheduled on a first-come, first-served basis for the requested location. Events will not be scheduled only if there is a scheduling conflict with an earlier planned event or if the requested event will clearly result in a violation of this policy. The viewpoint to be expressed through the speech activity is not a factor in scheduling. A decision not to schedule an event may immediately be appealed to the University President or designee.
Any person violating this policy may be subject to:
• Institutional disciplinary proceedings under the Student Code of Conduct if a student or the Visitor Code of Conduct if a visitor. Violations by faculty or staff will be referred to the appropriate department or academic unit;
• An order to leave the premises or property owned or controlled by the University by the police or a person in charge of the property; and/or
• Arrest for violation of state law(s).
Student Activities Center, April 2002
All entertainment, social activities and other similar events which are planned for on-campus outdoor areas must be cleared by an official of the Student Activities Center prior to the event. In order to reserve the desired space and avoid conflicts with other users, groups or individuals wanting to use University grounds for an outdoor event are encouraged to schedule it at least twenty-four (24) hours in advance with the University Student Activities Center, or the office that schedules the desired location, as advised by the Student Activities Center.
The sponsoring group shall be responsible for the general conduct and atmosphere of the event. Members from the sponsoring organization or group must be present for the duration of the event.
No disruption of UNM business and classrooms will be allowed.
Adequate security as determined by the Student Activities Center in consultation with the UNM Police Department must be provided. Based on space availability, logistics, and security concerns, determination of the duration and location of an event will be made by the Student Activities Center. The Student Activities Center will determine whether the event will be open to the public and whether advertising to the off-campus community will be allowed.
The production of sound, either amplified or non-amplified, in conjunction with an outdoor event or speech activity under UBPPM 2220 may not substantially disrupt educational activities and other University business. The Student Activities Center reserves the right to set event location, permissible sound levels and amplification so as to minimize the adverse impact on Univeristy activities.
Sound amplification is of particular concern. During regular business hours (8:00 a.m. - 5:00 p.m., Mon.-Fri.) amplification is allowed from noon to 1:00 p.m. in areas that will not substantially disrupt University activities.
Outside of regular business hours, amplified sound may not substantially disrupt University residential areas and the surrounding city neighborhoods.
During the week of final examinations no events involving amplified sound will be scheduled.
If amplified sound is substantially disruptive, the event sponsor will be asked to reduce the volume or face termination of the event. At no time may amplified sound exceed 88 decibels at the source.
Placement of posters, notices, fliers or painting of signs at any time on any permanent University structures, such as buildings, utility poles, fountains, fixed refuse containers and trees on campus is prohibited. Stakes may not be driven into the grass.
Displays painted or posted improperly will be removed promptly by maintenance crews. Any extraordinary expense will be charged to the persons or groups responsible for the damage. Posting with glue is prohibited.
Chalking with non-permanent sidewalk chalk is permitted only on sidewalks which are exposed to weather and foot traffic where chalk will wear off in a short time. Chalking is not permitted on any permanent University structures or on sidewalks under balconies or overpasses not exposed to the elements. Chalking is also prohibited within fifteen feet of the entrance to any building.
Posters, notices and flyers may be placed on the outdoor kiosks. These are cleaned off once a month. Posting inside of campus buildings may be done with the prior approval of the office in charge of the area.
Notices and flyers may be distributed at any outdoor area on campus consistent with the orderly conduct of University affairs, the maintenance of University property, and the free flow of traffic and persons. Efforts must be made to avoid litter. Any expense incurred by the University for clean-up will be charged to the person or organization responsible. Materials shall not be forced upon others; excessive hawking or shouting at persons is prohibited.
Persons violating any of these rules may be subject to disciplinary action under the Student Code of Conduct or the Visitor Code of Conduct. Violations by faculty or staff will be referred to the appropriate department or academic unit. In addition, violators may be subject to an order to leave University property and/or arrest for violation of State law(s).
See also the Freedom of Expression and Dissent Policy UBPPM 2220.