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)

University Standards, Policies and Regulations

RIGHTS AND RESPONSIBILITIES AT THE UNIVERSITY OF NEW MEXICO

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.

STUDENT CODE OF CONDUCT

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:

1.SCOPE

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.

2. MATTERS SUBJECT TO DISCIPLINARY ACTION

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.

3. RIGHTS OF STUDENTS IN DISCIPLINARY MATTERS

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. SANCTIONS

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.

VISITOR CODE OF CONDUCT

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.

1. SCOPE

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.

2. MATTERS SUBJECT TO DISCIPLINARY ACTION

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.

3. RIGHTS OF VISITORS IN DISCIPLINARY MATTERS

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. SANCTIONS

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.

5. IMPLEMENTATION

The President of the University may adopt such procedures, rules or regulations as deemed necessary to implement this Code of Conduct.

STATE OF EMERGENCY

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.

STUDENT GRIEVANCE PROCEDURE

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.

ARTICLE 1. INTRODUCTION

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."

ARTICLE 2. ACADEMIC DISPUTES

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.

ARTICLE 3. ACADEMIC DISHONESTY

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.

ARTICLE 4. DISCIPLINARY PROCESS

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.

ARTICLE 5. STUDENT CONDUCT COMMITTEE

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.

ARTICLE 6. HEARING PROCEDURES

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.

ARTICLE 7. APPEALS, RECORDS AND RIGHTS

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.

ARTICLE 8. ACADEMIC RECORD DISPUTES

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.

ARTICLE 9. VARIANCES

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.

ARTICLE 10. GENERAL PROVISIONS

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.

Graduate Student Grievance Procedures

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.

SEXUAL HARASSMENT (UBPPM 3780)

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.

1. General

• that enhances productivity and draws on the diversity of its members; and
• is free from all forms of disrespectful conduct, harassment, exploitation or intimidation, including sexual.

2. Definition

• submission to such conduct is made either explicitly or implicitly a term or condition of an individual's employment or academic advancement;
• submission to or rejection of such conduct by an individual is used as the basis for employment decisions or academic decisions affecting such individual;
• such conduct has the purpose or effect of unreasonably interfering with an individual's work or academic performance or creating an intimidating, hostile, or offensive working or academic environment; or a supervisor fails to take corrective action when he or she knows, or reasonably should have known, that a subordinate employee is being subjected to sexual harassment.

• suggestive or obscene letters, notes, invitations,
• derogatory comments, epithets, slurs or jokes,
• impeding or blocking movements, touching, or any physical interference with normal work,
• sexual oriented gestures, displaying sexually suggestive or derogatory objects, pictures, cartoons, or posters (the situation will be evaluated for appropriateness
• such as art displayed in museums versus centerfold in office setting), threats or insinuations that lack of sexual favors will result in reprisals, withholding support for appointments, promotions or transfers, change of assignments, or poor performance reviews.

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.

3. Reaffirmation of Policy Against Sexual Harassment

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.

4. Reporting Procedures

• his or her supervisor, and/or
• the University Dispute Resolution Coordinator, and/or
• the office of Equal Opportunity Programs.

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.

PROCEDURES FOR REDRESS OF SEXUAL HARASSMENT

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/ .

SEXUAL ASSAULT POLICY

Approved by the President 10/7/95
Updates were pending at the time of printing.

I. PURPOSE OF POLICY

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.

II. DEFINITION OF 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.

III. EDUCATIONAL PROGRAMS

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.

IV. PROCEDURES STUDENTS SHOULD FOLLOW IF A SEX OFFENSE OCCURS

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.

V. NOTIFICATION OF LAW ENFORCEMENT

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.

VI. COUNSELING AND ASSISTANCE 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. 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

VII. CHANGE IN VICTIM'S ACADEMIC AND LIVING SITUATION

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).

VIII. PROCEDURES FOR CAMPUS DISCIPLINARY ACTION

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.

IX. SANCTIONS

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.

STUDENT EMPLOYEE GRIEVANCE PROCEDURE

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 Bo