Student Disciplinary Procedure

Dean of Students Office

Prior versions of this procedure were known as the Student Grievance Procedure. The Student Grievance Procedure was approved by the Faculty Senate 3/10/87, ASUNM Senate 4/1/87, GPSA Senate 5/2/87 and by the Board of Regents 8/11/87. 

Revisions approved by the Faculty Senate in May 1994 and by the President in May 1995. Revisions approved by the President: March 5, 1999; June 19, 2001; July 2, 2013; May 13, 2014; May 21, 2015; January 13, 2016; February 24, 2021; June 2, 2025.

1. INTRODUCTION

The Dean of Students Office Student Disciplinary Procedure is intended to provide University of New Mexico (“University” or “UNM”) procedures for handling student disciplinary matters. The Dean of Students Office is the office responsible for the administration of these procedures and has primary authority with student disciplinary matters on UNM’s main campus.  These procedures are created and administered in accordance with Faculty Handbook Policies D175: Student Conduct and Grievance Procedures and D176: Graduate Student Grievance Procedures and the Student Code of Conduct. Faculty Handbook Policies D175 and D176 are in effect and should be reviewed in conjunction with these procedures: https://handbook.unm.edu/section-d/. Questions regarding these procedures should be directed to the Dean of Students Office.

2. JURISIDICTION

The Dean of Students Office may take disciplinary action against a student for a violation of the Student Code of Conduct when the offense occurs on UNM premises or at a UNM-sponsored event, or when the violation occurs off campus and failure to take disciplinary action is likely to disrupt the academic process or other campus functions or endanger the health, safety or welfare of the UNM community or any individual Student or employee.

Branch campuses shall follow this Student Disciplinary Procedure, as modified to identify the decision-makers at their respective campus or program. 

Student grievances or disciplinary matters arising in UNM Health Science Center (“HSC”) programs or the UNM School of Law shall be handled under the procedures in effect for those programs.

HSC departments or the School of Law may elect to follow this Student Disciplinary Procedure, as modified to identify the decision-makers at their respective campus or program. 

The student conduct process is entirely separate from criminal or civil litigation. Legal outcomes do not affect the student conduct process, nor will pending criminal or civil litigation stop or delay the student conduct process.  As such, the Dean of Students Office may proceed with the student conduct process before, during, or after any legal proceedings related to the allegations of Student Code of Conduct violations.

3. DEFINITIONS

For purposes of these procedures, the following definitions shall apply:

1. Administrative Hearing Officer: means the staff person(s) in the UNM Hearing Office serving as an independent officer under the supervision of the President with authority to adjudicate cases related to personnel issues, student conduct violations, allegations of discrimination, Title IX violations, and other related matters.
   
   
2. Advisor: means an individual whose role is to provide the Complainant or Respondent support or counsel regarding the disciplinary process, subject to limitations as noted herein. The role of an Advisor under these procedures may differ from the role of an Advisor under procedures of other offices.
   
   
3. Complainant: refers to the person or persons filing a complaint about Student misconduct. Complainant may refer to the University, where the University itself pursues an alleged violation of the Student Code of Conduct or other University Policy against a Student. A complainant may or may not be an affected party.
   
   
4. Evidence: consists of, but is not limited to, eyewitness statements, photos, video, security video, audio recordings, social media, emails, texts, cellular records, police reports and any other information that would assist a Student Resolution Specialist in making a finding.
   
   
5. FERPA: refers to the Family Educational Rights & Privacy Act, a federal law that protects the privacy of student education records.
   
   
6. Good Cause: means adequate or substantial grounds or reason to take a certain action. Good Cause may be specifically defined or limited as noted herein.
   
   
7. Respondent: refers to the student or student organization who is responding to allegations of violating the Student Code of Conduct. The President, or other student designee, represents a student organization as the respondent.
   
   
8. Student: includes all persons currently enrolled both full-time and part-time while pursuing undergraduate, graduate or professional studies at the University, whether full-time, part-time, non-degree, credit or no credit, or online-only; those who withdraw or graduate after allegedly violating the Student Code of Conduct or other University Policy; those who were previously enrolled as students but are not officially enrolled for a particular term yet have a continuing relationship with the University; and those who have been notified of their acceptance for admission. For purposes of these procedures, student may also mean student organization.
   
   
9. Student Resolution Specialist: means a University Official authorized by the Dean of Students to facilitate student conduct hearings and determine whether a student or student organization has violated the Student Code of Conduct or other University Policy within their jurisdiction. A Student Resolution Specialist has authority to impose sanctions when a violation has been substantiated by a preponderance of the evidence and to issue interim or supportive measures when necessary. 
   
   
10. Student Organization: means two or more students enrolled at the University of New Mexico who have complied with the University’s formal chartering requirements for recognition as a chartered student organization, or are formally recognized by the University as a student club, group, team, or organization. Examples include clubs, societies, club sports teams, varsity and junior varsity athletic teams, fraternities, sororities, bands, or student government organizations.
    
    
11. Student Organization Activity: means any activity on or off campus which is group sponsored, initiated, financed, advertised, or attended by a significant portion of the members.
    
    
12. Witness: means any person who may have direct or indirect knowledge of the alleged incident or evidence.
    
    
13. University Official: includes any person employed by the University performing assigned administrative or professional responsibilities.
    
    

4. PROVISIONS

The following provisions govern the student conduct process and apply to all matters referenced herein.

Unless otherwise specified herein, the term “days” refers to regularly recognized University business days and does not include weekends, holidays, or other University closures. Any University Official referenced in this procedure may extend any time limit set forth in this procedure for good cause. Good cause includes but is not limited to the fact that a deadline falls during finals week or during a period such as vacations, holidays, intercessions, or summer session.

The University Official deciding a matter shall not have a conflict of interest or bias with respect to the matter to be heard such that they cannot hear the matter fairly and impartially. Prior knowledge of the parties in the case or the conduct that is subject of the case does not constitute a conflict or bias. Prior decision-making regarding either party or prior sanctioning of either party does not constitute a conflict or bias. Allegations that a decision-maker has a conflict of interest or bias shall be reviewed by the Dean of Students, whose decision is final.

Any University Official referenced in this procedure may set deadlines by which parties are required to respond to correspondence, meet with the University Official, or complete a sanction requirement.  A decision, in most cases, will be rendered within sixty (60) days of the filing of a complaint. This date can be modified at the discretion of the Dean of Students Office if deemed necessary, such as to conduct a hearing that protects the rights of all parties.

If a deadline has passed with no response from the party, the party has waived their right to respond or participate and the University Official shall proceed with the process without the response or participation.

Extensions of deadlines may be granted for good cause at the discretion of the University Official. Extension requests must be received prior to the deadline in order to be considered.

Whenever these procedures specify a University Official by title, the University Official may designate someone to consider and/or decide the matter. A designee may only be appointed by a Dean or Vice President (“VP”). Such designee will normally be, but is not required to be, a member of the decision-maker's staff.

Reasonable deviations from these procedures by UNM will not invalidate a decision or proceeding unless significant prejudice results.

The standard of proof utilized to resolve alleged violations of the Student Code of Conduct shall be that of preponderance of the evidence, meaning that the evidence, considered in its entirety, indicates that, more likely than not, the respondent violated the Student Code of Conduct or University Policy.

 The formal rules of process, procedure and evidence used by the legal system in civil or criminal trials do not apply to the University’s student conduct process. 

The Dean of Students Office sends official notifications and other documentation or communication to students via University email addresses.  All email correspondence sent from the Dean of Students Office is considered received by the student on the date the email is sent.  Students are responsible for these correspondences and any deadlines communicated therein regardless of whether they opened or read the email correspondence that was received.  If the student does not have access to a University email address (for example as a newly admitted student), the Dean of Students Office will communicate via the email or mailing address otherwise provided to the University.  See University Administrative Policy 2540: Student Email.

The University reserves the right to resolve allegations after a student leaves the university by graduation or otherwise. These procedures shall continue to apply if the incident occurred while the respondent was a student and UNM has the power to resolve the matter.

A registration hold may be placed on the former student’s record pending resolution of the alleged violation(s).

The Dean of Students may consider exceptions to any portion of these procedures on a case-by-case basis for a reasonable accommodation for a documented disability or serious medical condition.

 Students who need an accommodation for the student conduct process should contact the Accessibility Resource Center (arc.unm.edu). The Accessibility Resource Center works with students to develop reasonable accommodations and verify accommodation needs.

The respondent and complainant may be accompanied by one (1) advisor at any meeting or hearing regarding the student conduct process.  The advisor may be family, friend, or other personal or professional connection providing support or counsel to the student during the student conduct process.  The advisor may also be an attorney retained by a party at the party’s own expense but is not required to be.  The advisor, including an attorney advisor if applicable, cannot act as representative of the party, cannot have a voice in meetings or hearings and therefore is not permitted to present arguments or evidence or otherwise participate directly in meetings or hearings.  The advisor must act in decorum at all times; this is, they must not object, raise their voice, argue, or seek to intimidate the University Official.  The advisor may not serve in a dual role as a witness in any investigation or hearing.

The student must provide the University Official conducting the meeting or hearing notice of the name of the advisor and whether the advisor is an attorney, and the appropriate FERPA authorization at least three (3) days prior to the meeting or hearing. A student may not bring an advisor without such prior notification or authorization. The University Official will consider such a request but is not required to extend a deadline or reschedule a meeting or hearing because the student did not provide such notification.

The student, not the advisor, is responsible for scheduling a meeting or hearing with the University Official. Reasonable efforts will be made to schedule meetings and hearings to include the advisor, but the scheduling of meetings or hearings shall not be delayed due to the unavailability of an advisor. 

The advisor must comply with the limitations set forth in this procedure.  Should the advisor act in noncompliance with this procedure as determined by the University Official conducting the meeting or hearing, the advisor will first receive a warning that future acts of noncompliance will lead to their removal from the meeting or hearing.  Upon any additional acts of noncompliance as determined by the University Official conducting the meeting or hearing, the University Official may direct the removal of the advisor from the meeting or hearing.  In such instances, the University Official may but is not required to reschedule the meeting or hearing to accommodate the presence of the advisor.

Any meeting or hearing referenced herein may be conducted by telephone or video conference technology where parties may be in separate rooms or locations.  During a videoconference hearing, all participants, including but not limited to the respondent, complainant, Student Resolution Specialist, and advisors, must be able to both view and hear one another at all times, unless granted an exemption by the Student Resolution Specialist for good cause.  Good cause may include inability to access videoconference due to unavailability of internet or technology.

5. INTERIM AND SUPPORTIVE MEASURES

In certain circumstances, the University may issue interim or supportive measures upon notification of alleged student misconduct. Interim and supportive measures are not sanctions and do not replace the student conduct process. Rather, they are issued while the investigation or student conduct process is proceeding. The University Official will assess the specific situation and the severity of the allegations to determine the appropriate interim or supportive measures to implement pending the outcome of the student conduct process.

In matters involving Title IX, the University Official shall consult with the Title IX Coordinator before issuing any supportive measure.

Interim or supportive measures include, but are not limited to:

 a. Interim Registration Hold

A registration hold is placed to prevent a student from registering for classes. 

Interim registration holds may be placed at the discretion of a Student Resolution Specialist when a student fails to meet regarding the student conduct process by the required deadline. 

 b. Interim Transcript Hold

A transcript hold is placed to prevent a student from receiving an official copy of their transcript.

Interim transcript holds may be placed at the discretion of a Student Resolution Specialist where a student is facing serious allegations of misconduct that, if substantiated by a preponderance of the evidence, would likely result in a Suspension or Expulsion from the University.

The interim transcript hold will be lifted after the student either is found not responsible for the allegations or, if responsible, after the sanctioning process has been completed and all appellate avenues exhausted. 

An interim ban from campus means being temporarily barred from all or designated portions of the University property or activities.

The Dean of Students Office has authority to issue interim bans. Interim bans from campus may be issued if the Dean of Students Office determines, based on the seriousness of the allegations, that the student’s continued presence on the campus may endanger persons or property or may threaten disruption of the academic process or other campus functions. The Dean of Students Office will conduct an individual risk assessment prior to issuing an interim ban and may consult with the University’s Threat Assessment Team, Title IX Coordinator, UNM Police, and/or any other appropriate University Official.

Interim bans from campus may be appealed to the Dean of Students. The student may submit a written request for an appeal meeting with the Dean of Students. The appeal meeting shall be held as soon as possible after the request but no later than five (5) days after the request. The Dean of Students shall give the student an opportunity to explain their position and present evidence.

The Dean of Students may uphold, modify, or revoke the terms of the interim ban.

Consult University Administrative Policy 2740 for information on emergency removal of a student under that policy.

An interim restriction of student organization social events is a temporary restriction of social gatherings. The restrictions may include but are not limited to formals, dinners, mixers, other social events, any activity involving alcohol, and some philanthropic events.

 ii. Interim Suspension

The Dean of Students Office has authority to issue interim suspensions of student organization activity.  Interim suspensions of student organization activity may be issued if the Dean of Students Office determines, based on the seriousness of the allegations, that the organization’s continued presence on the campus may endanger persons or property or may threaten disruption of the academic process or other campus functions.

An interim suspension of student organization activity is a temporary suspension of all or some student organization activities and/or a temporary suspension of the student organization charter. Interim suspension terms may include but are not limited to suspending meetings, practices, games, philanthropic events, recruitment activities and social gatherings. 

Interim suspensions of student organization activity may be appealed to the Dean of Students.  The student organization president, or designee, may submit a written request for an appeal meeting with the Dean of Students. This appeal meeting shall be held as soon as possible after the request but no later than five (5) days after the request. The Dean of Students shall give the student organization an opportunity to explain their position and present evidence.

The Dean may uphold, modify, or revoke the terms of the interim suspension.

e. No Contact Directive

A No Contact Directive is a means of preventing mutually unwanted contact and communication and serves to help prevent harassment and/or retaliation or other learning environment disruptions within the University setting. A No Contact Directive is a supportive measure and not indicative of a Student Code of Conduct or University Policy violation.

The Dean of Students Office has the authority to issue and enforce a No Contact Directive to students affiliated with UNM. University Officials at HSC programs, School of Law, and branch campuses issue and enforce no contact directives to students affiliated with those UNM programs.

In some cases, the Dean of Students Office may issue a No Contact Directive to a student where another campus office, such as Human Resources and/or the Provost’s Office, issues a No Contact Directive to a staff or faculty members.

Violations of a No Contact Directive involving a student will be addressed as a disciplinary matter and allegations will be resolved through the Student Code of Conduct pursuant to these disciplinary procedures.

For more information about a No Contact Directive, see the Dean of Students, No Contact Directive FAQ.

Consult University Administrative Policy 2740 for No Contact Directives issued under that policy.

6. REPORTING AND REVIEWING COMPLAINTS

Reports of alleged student misconduct may be submitted in writing through a secure University reporting function or to the Dean of Students Office.

Reports of alleged student misconduct may be submitted anonymously via the University’s Compliance Hotline, Ethicspoint at unm.ethicspoint.com or 1-888-899-6092.

Reports of alleged misconduct should be submitted as soon as possible after the event takes place, preferably within sixty (60) days. Absent good cause, reports must be submitted within one (1) year following discovery of the suspected misconduct.

 b. Reviewing Complaints

Following receipt of a report or complaint, the Dean of Students Office shall assess whether the allegations are jurisdictional to the office.

In matters involving allegations of Student Code of Conduct violations related to the University’s policies on civil rights or discrimination, including University Administrative Policies 2720 and 2740, the Dean of Students Office shall refer the matter to the Office of Compliance, Ethics and Equal Opportunity for investigation and resolution in accordance with the University’s Discrimination Grievance Procedure.

At times, the Dean of Students Office may review allegations of Student Code of Conduct violations at the same time as another department (ex: Office of Compliance, Ethics and Equal Opportunity or Residence Life & Student Housing) is reviewing the allegations for violations of another University Policy.

 c. Investigation

The Dean of Students Office may conduct or refer an incident for investigation to aid in determining jurisdiction, assessing what sections of the Student Code of Conduct a student is alleged to have violated, gathering evidence, determining the appropriate resolution option, determining that no further action is warranted, or for other good cause.

A Student Resolution Specialist may schedule a meeting with any person with whom the Student Resolution Specialist needs to discuss the details of a received report to determine the next course of action in the resolution process. An Intake Meeting may occur at any point before or during the student conduct process at the discretion of the Student Resolution Specialist.

A Student Resolution Specialist may refer a matter for investigation, schedule a meeting, or convene a group of University Officials to interview any person who may have information relevant to a potential investigation.

 d. Initiating the Student Conduct Process

i. Notice of Allegations

To initiate the student conduct process, the student is sent a Notice of Allegations. The Notice of Allegations contains a written summary of the allegations, what sections of the Student Code of Conduct the student is alleged to have violated and notice for an Information Meeting.

ii. Information Meeting

The Information Meeting is a meeting between the student and a Student Resolution Specialist after a Notice of Allegations has been sent. The meeting is not a disciplinary proceeding. The meeting consists of reviewing the allegations, reviewing a student’s rights, and determining the next course of action in the student conduct process. The student will be provided the opportunity to choose “Responsible” or “Not Responsible” for the allegations. Prior to a student selecting “Responsible” or “Not Responsible” a Student Resolution Specialist may adjust or withdraw allegations.

Resolution choices will be determined during the Information Meeting. A student issued a Notice of Allegations who does not attend the Information Meeting or respond in a timely fashion will not delay resolution of the alleged incident. The University may move forward with the student conduct process in the absence of the student, including selecting a resolution option, scheduling a hearing, or placing a registration hold on the student’s account.

All parties have the right to be free from retaliations for having made an allegation of misconduct or having participated in an area covered by this procedure. See University Administrative Policy 2200: Reporting Suspected Misconduct and Whistleblower Protection from Retaliation.

Students participating in the student conduct process as described in these procedures have the following rights.

a. Respondent Rights

1. 1. The right to written notice of the charges at issue in the proceeding that contains sufficient detail and time to prepare for a hearing.
   2. The right to a timely hearing before an appropriate official or committee.
   3. The right to know the nature and source of the evidence used in a hearing process.
   4. The right to have access to the evidence, subject to some limitations under FERPA and other applicable privacy laws.
   5. The right to be accompanied by an advisor.
   6. The right to present evidence on their own behalf.
   7. The right to choose not to testify and/or not answer questions; in such cases, the decision-maker will decide the allegations based upon all the evidence presented.
   8. The right to submit a reflection statement for consideration during the sanctioning portion of the student conduct process.
   9. The right to written notice of the determination and sanctions, if any, which shall include the basis and rationale therefore.
   10. The right to appeal a determination or sanction as provided in Section 10 of these procedures.

1. 1. The right to be accompanied by an advisor.
   2. The right to present evidence on their own behalf.
   3. The right not to testify and/or not to answer questions; in such cases, the decision-maker will decide the allegations based upon all the evidence presented.
   4. The right to have past irrelevant behavior excluded from the student conduct process.
   5. The right to submit anmpact statement for consideration during the sanctioning portion of the student conduct process.
   6. May have the right to written notice of the determination and sanctions, if any, subject to some limitations under FERPA or other applicable privacy laws.

a. Outcome Conference

An Outcome Conference may be offered if the respondent is accepting responsibility for the allegations and separation from the learning environment would not be considered as a potential sanction outcome for the alleged violation(s).

The Outcome Conference is a meeting between a respondent and a Student Resolution Specialist and allows the student to share their perspective of the incident, discuss circumstances of the case, as well as engage in dialogue to provide support and resources for the student to engage in the UNM community. The information informs the Student Resolution Specialist’s sanctioning decision, which will be communicated in writing.

Agreeing to participate in an Outcome Conference constitutes a waiver by the respondent of the right to hearing as well as any appeal.

 b. Educational Conversation

An Educational Conversation may be offered if the respondent is accepting responsibility for the allegations and separation from the learning environment would not be considered as a potential outcome for the alleged violation(s).

The Educational Conversation is a meeting with a respondent, Student Resolution Specialist, and relevant University representatives. The meeting provides an opportunity for authentic dialogue, goal setting, repairing harm, and discussion of outcomes. The meeting informs the Student Resolution Specialist’s sanctioning decision which will be communicated in writing. For this option to be offered, all participants must willingly participate.

Agreeing to participate in an Education Conversation constitutes a waiver by the respondent of the right to hearing as well as any appeal.

A Collaboration Conference may be offered if a student organization is accepting responsibility for the allegations and the organization’s separation from University would not be considered as a potential outcome for the alleged violation(s).

The Collaboration Conference is a meeting between the respondent and a Student Resolution Specialist. The meeting is educational in nature and designed to support the student organization’s internal accountability measures and shared responsibility for the success of student organizations at the University.

To be eligible, a student organization may not be on Disciplinary Probation and at least two semesters must have concluded since a Collaborative Resolution was issued.

Participation includes providing the Student Resolution Specialist with the following:

1. 1. Completion of a full internal investigation by the student organization
   2. Documentation of action steps that have been taken in response to the incident
   3. Longer-term education plans to avoid recurrence

The meeting informs the Student Resolution Specialist’s sanctioning decision which will be communicated in writing.

Agreeing to participate in a Collaboration Conference constitutes a waiver by the respondent of the right to hearing as well as any appeal.

d. Hearing

If the respondent is not accepting responsibility for violating the Student Code of Conduct or separation from the learning environment would be considered as a potential sanction outcome for the alleged violation(s), the matter will proceed with a Hearing.

A Hearing is a meeting between the respondent and the Student Resolution Specialist to discuss the alleged violations and allows the respondent to present information for consideration. The Student Resolution Specialist may ask the respondent questions deemed relevant to determine the findings and/or sanctions, if applicable. 

i. Pre-Hearing Procedures

1. 1. The respondent will receive a Notice of Hearing at least seven (7) days prior to the Hearing.
   2. Within (3) three days of receiving a Notice of Hearing, a respondent challenging that a Student Resolution Specialist has a conflict of interest or bias must notify the Dean of Students Office in writing providing the reason(s) for the challenge. The challenge will be reviewed by the Dean of Students, whose decision is final.
   3. A party may provide relevant information no later than three (3) days prior to the scheduled Hearing. Information may include but is not limited to names and contact information for potential witnesses, documentation, reports, writings, photos, and videos. The University does not have subpoena powers to obtain documents or other relevant information.
   4. Witnesses not disclosed in advance will not be eligible to participate in the Hearing. A party is responsible for arranging witness participation at the Hearing and the University does not coordinate or compel a person’s participation in the evidence-gathering or hearing process. As such, a Student Resolution Specialist may reach a decision without the opportunity to consider a witness’ testimony and such non-participation will not prevent a determination in a case.

ii. During the Hearing

1. 1. The Student Resolution Specialist will present information related to the case and a party may present a response to the charges. A party may not present additional evidence or potential witnesses at the Hearing that was not provided during the evidence-gathering phase. Exceptions shall be considered by the Student Resolution Specialist for the following Good Cause:
      1. evidence requested by the Student Resolution Specialist
      2. evidence of which the party was not previously aware, that the party could not have possibly discovered through the exercise of reasonable diligence, and the absence of which would be sufficient to materially affect the outcome of the matter
      3. relevant evidence submitted to rebut information gathered during the evidence phase, and the absence of which would be sufficient to materially affect the outcome of the matter
   2. The Student Resolution Specialist may direct questions to a party or witnesses if present.
   3. All witnesses shall be excluded from the Hearing except during their own testimony. The Student Resolution Specialist may decline witnesses if it is determined that expected testimony is not sufficiently relevant to the allegations, would be duplicative of other testimony, or would otherwise not be significant to the review and determination of the allegations.
   4. Following the presentation of evidence, the Student Resolution Specialist may allow each party to present an additional response to the evidence.
   5. A party has an opportunity to submit an impact and/or reflection statement which shall be considered when assigning sanctions for findings of responsibility.

Within fifteen (15) days of the Hearing, the respondent will receive written notice of the findings.  If the respondent has been found responsible for violating the Student Code of Conduct, the written notice shall contain the sanctions imposed for the violation(s).

The Dean of Students Office may assign a Hearing to the University’s Administrative Hearing Office (UAHO), if separation from the learning environment, which includes suspension or expulsion, may be considered as a potential sanction if the respondent were to be found responsible for the alleged violation(s). A hearing conducted by the UAHO is a live hearing and recorded by the University. The Student Resolution Specialist for a hearing assigned to the UAHO will generally be the Administrative Hearing Officer.

A timeline for written notice of the findings and any sanctions imposed will be determined by the UAHO as outlined in procedures adopted by that office.

Not all cases are appropriate for a Restorative Resolutions Process, such as those involving serious violence or repeated violations.

Participation in a Restorative Resolution Process must also be mutually agreed upon and voluntary for all parties and may or may not result in agreement or resolution.

If resolution is reached through a Restorative Resolution Process, the matter will be considered fully resolved. Any agreement or resolution is binding and not subject to appeal.  Failure to abide by the agreement or resolution may result in disciplinary action.

If resolution is not reached, allegations against the Respondent may be resolved through a student conduct process outlined in this procedure.

With approval from the Dean of Students Office, other campus entities may refer students to the Restorative Resolution Process. 

A sanction shall be issued only in matters where a respondent has been found responsible for violating the Student Code of Conduct pursuant to these procedures.

Sanctions shall be set based upon factors, including but not limited to the severity of the offense, the amount of harm created, the student’s prior student conduct record and sanctions imposed in recent years for similar offenses. In determining sanctions, each case will be assessed individually, considering aggravating and mitigating factors and the proper sanction for the development of the student as well as the common good and safety of the University community.

The Dean of Students Office may issue any combination of administrative, educational, restrictive or status sanctions and is not limited to the assignment of sanctions listed in this procedure.

i. Administrative Sanctions

1. 1. Disciplinary Probation: 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.
   2. Restitution: financial payment to the University for amounts assessed or incurred because of a Student Code of Conduct violation. Restitution payments between parties are not sanctioned, mandated, or administered under this procedure.
   3. Written Warning: a written reprimand.
   4. Verbal Warning: an oral reprimand. 

ii. Educational and Restorative Outcomes

1. 1. Assessments: substance use or other health evaluations.
   2. Civic Service: community service.
   3. Community Engagement: assignment to attend an event or engage in the life of the University community.
   4. Educational Assignment: research project, reflection prompt, readings, or other assigned learning experience.
   5. Meetings; scheduled meetings or conversations.
   6. Workshops: assignment to an educational program or participation in a workshop, to include costs at the student’s expense.

ii. Restrictions

1. 1. 1. Barredfromcampus: being barred from all or designated portions of the University property or activities.
      2. Contactrestrictions: communication or contact limitations or prohibition with other member(s) of the University community.
      3. Residential restrictions: restrictions, relocation, or removal from University housing.

Status Sanctions

1. 1. 1. Suspension: 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.
      2. Expulsion: 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.
      3. Dismissal: termination of student employment, either for a stated time period or indefinitely.

In matters where a student respondent has been found responsible for violating the University’s policies on civil rights or discrimination, to include University Administrative Policy 2720 and University Administrative Policy 2740, the matter is referred to the Dean of Students Office, HSC, School of Law, or branch campuses for sanctioning by a University Official serving as a Student Resolution Specialist in those jurisdictions.

In matters involving Title IX, the Student Resolution Specialist shall consult with the Title IX Coordinator to ensure a sanction is compliant with Title IX.

Sanctions for Student Code of Conduct violations are not in effect until the conclusion of the President-level appeal, if applicable, as described in Section XII below. 

Sanctions for violations of University Administrative Policy 2720 or University Administrative Policy 2740 shall not be implemented until the exhaustion of the appellate process, including the Regents-level discretionary appeal, as described in Section 10 below.

A registration hold may be placed when a student does not timely or successfully complete a sanction requirement by the deadline. The registration hold will be lifted upon completion of the sanction requirement.

Failure to complete a sanction requirement may result in additional disciplinary action in accordance with this procedure.

10. APPEALS

a. Appeals for Student Code of Conduct Violations

Decisions regarding Student Code of Conduct violations are final, unless the sanction imposed is suspension, expulsion, banning from campus, or results in a significant interruption toward degree completion.

The respondent must submit a written request for appeal to the Vice President for Student Affairs within seven (7) days of the date of the written decision from the Student Resolution Specialist.

The grounds for appeal to the Vice President of Student Affairs are: 

1. There was significant procedural error of a nature sufficient to have materially affected the outcome.
2. The decision was not in accordance with the evidence presented.
3. There is significant new evidence of which the appellant was not previously aware, that the appellant could not have possibly discovered through the exercise of reasonable diligence, and the absence of which was sufficient to have materially affected the outcome.
4. The severity of the sanction is grossly disproportionate to the violation(s) committed.

The Vice President for Student Affairs will send written notification of the decision to the appealing party within seven (7) days of receiving the request for appeal. A copy of the decision shall be sent to the Dean of Students Office.

The President has discretionary authority to review the decision of the VP for Student Affairs.  Such requests must be filed in the President's Office within seven (7) days of the date of the written decision from the VP for Student Affairs. Appeals may be submitted electronically at https://president.unm.edu/forms/appeal-to-the university-presential.html, via email at: presentistokes@unm.edu, or by mail to MSC05 3300, Scholes Hall, Suite 144, 1 University of New Mexico, Albuquerque, NM 87131.

In accordance with the Regent’s Policy Manual, Section 1.5, the Board of Regents has discretionary authority to review the decision of the President. The Board of Regents has sole discretion to determine whether the appeal will be considered. Such requests must be submitted via the President’s Office within ten (10) days of the date of the written decision from the President, or electronically at: https://unm-ouc.highq.com/unm/renderSmartForm.action?formId=92f3fcac-9992-429d-9702-a9ad29ab97d8.

See the UNM Discrimination Grievance Procedure for information about allowable grounds and the appeals procedure.

11. STUDENT CONDUCT RECORDS

Student conduct records are maintained by the Dean of Students Office for a period of ten (10) years following final disposition, except for records of suspensions or expulsions which shall be permanently maintained.

Other University entities may hold student conduct records, including but are not limited to Residence Life & Student Housing, the Office of Compliance, Ethics and Equal Opportunity, HSC programs, and the School of Law.

Faculty members receive a copy of the final decision in an academic dishonesty case.