A. Persons and/or groups involved in Nonacademic Discipline Cases
1. Coordinator of Student Judicial Services
The Coordinator of Student Judicial Services will dispose of any nonacademic violations referred by the Vice President for Student Affairs and Enrollment Management, or other University officials, and also has responsibility for maintaining all student records relating to both academic and nonacademic student misconduct. Within this capacity, the Coordinator of Student Judicial Services acts as a resource person for administrators, faculty, staff, and students to promote consistency throughout the University community in adjudicating cases of student misconduct.
2. University Discipline Committee
The University Discipline Committee hears non-academic appeals referred to it by the Dean of Students. The committee shall be composed of five staff and faculty members appointed by the Vice President for Student Affairs and Enrollment Management and four students appointed by the Vice President for Student Affairs and Enrollment Management from a pool of names recommended by the President of the Associated Students of New Mexico State University. Three staff and/or faculty members (including one co-chair) and two student members will be required to be present at each hearing. The two staff or faculty members having seniority on the committee will serve as co-chairpersons. A hearing by the University Discipline Committee is an informal procedure at which information is presented in an orderly manner so that the Hearing Committee can reach a fair decision. The Chairperson of the Hearing Committee is in charge of the proceedings at all times and rulings by the Chair are final. The Chair may remove persons, including the appellant’s advisor, if that person does not conform to Committee rules and procedures. Complaints regarding persons reported to not be in compliance with hearing proceedings will be filed with either the Vice President for Student Affairs and Enrollment Management, or the Coordinator of Student Judicial Services. It is each student appellant’s responsibility to represent him/herself in this informal procedure. The student may elect to have an advisor present whose role is solely to advise the student appellant. Advisors may not actively participate (e.g. question, defend or directly respond to any information presented) in the hearing. More detailed "Rules and Procedures for the University Discipline Committee" may be obtained from the Coordinator of Student Judicial Services. All University Disciplinary Committee Meetings are closed to the public.
3. Vice President for Student Affairs and Enrollment Management
Should the decision of the University Discipline Committee be appealed, the appeal must be made in writing to the Vice President for Student Affairs and Enrollment Management, or a designee, and submitted to the Dean of Students within three (3) working days after receipt of the decision made by the University Discipline Committee. The Dean of Students will compile and submit all relevant case records to the Vice President for Student Affairs and Enrollment Management or a designee. Upon receipt of all information, the Vice President for Student Affairs and Enrollment Management or a designee will have three (3) working days to review and render a decision. The decision of the Vice President for Student Affairs and Enrollment Management or a designee is final and will be reported to all parties concerned.
B. Non-academic Misconduct
The following list constitutes violations for which students and student organizations are subject to disciplinary action. This list is not designed to be all inclusive, but offers examples of the types of prohibited conduct:
- Actual or threatened physical injury to any person (including self) on University owned or controlled property or at a University-sponsored or supervised function, or conduct that endangers the health or safety of a person.
- Engaging in individual or group conduct that is violent (including sexual misconduct, attempted suicide, or threats of either), abusive, indecent, unreasonably loud, or similar disorderly conduct that infringes upon the privacy, rights, or privileges of others or disturbs the peace or the orderly process of education on campus.
- Unauthorized use, possession, or storage of any weapon or explosive (including fireworks) on University premises or at University sponsored activities.
- Forgery, counterfeiting, alterations, or misuse of any University record, document, or identification card of a nonacademic nature (e.g., housing applications or parking permits).
- Unauthorized entry into or alteration of, any University computer records, or violation of Computer Center policies.
- Reporting the presence of a fire, bomb, explosive or incendiary device on the University campus without good reason to believe the facts reported are true.
- Unlawful possession, use, distribution, or sale of any narcotic or dangerous drug as defined by the statutes of the State of New Mexico.
- Theft of, or unwarranted damage to, University property or property of any member of the University community.
- Failure to comply with Housing regulations.
- Failure to comply with the lawful directives of University employees acting within the scope of their duties, including those directives issued by a University administrator to ensure the safety and well-being of students (refer to Student Special Care Policy).
- Entry into, or use of, any building, facility, or room or other University property or grounds without authorized approval. This also includes the unauthorized possession or use of University keys, lock combinations, or other access codes.
- Participation in illegal gambling activities on University-owned or -controlled property or at a function identified with the University.
- Possession, or consumption, of alcoholic beverages in contradiction of state law and/or University policy.
- Entering or attempting to enter any athletic contest, dance, social event, or other event without proper credentials for admission (e.g., ticket, identification card, or invitation).
- Failure to make satisfactory settlement for any debts to the University.
- Failure to comply with University traffic rules and regulations.
C. Non-academic Discipline Process
All alleged violations of nonacademic rules and regulations contained herein will be referred to the Coordinator of Student Judicial Services or other Hearing Officers (as appropriate). The following procedures will apply.
- The hearing officer may consider any documentation submitted, including but not limited to Police or other University reports, and may choose to interview persons who might have information relevant to the case. The student or organization accused of violating the Code of Conduct is responsible for providing any information that would be helpful in supporting a finding of Not Responsible for the alleged violation. The hearing officer will make a reasonable attempt to obtain all relevant information. As a result of an investigation and/or conference with a student or organization representative, one of the following actions may be taken:
- The allegation may be dismissed as unfounded.
- The allegation may be dismissed for lack of preponderance of the evidence.
- The student or organization representative may admit guilt and a sanction will be imposed.
- The hearing officer will determine guilt, based on clear preponderance and convincing evidence, and a sanction will be imposed.
- A student or organization wishing to appeal the decision of the Hearing Officer may do so in writing to the next higher level of authority within the disciplinary system. The accused must always be informed of the next level of appeal by the Hearing Officer. An appeal by the accused must be presented in writing no later than three (3) working days after notification of the decision. All appeals to the University Discipline Committee will be delivered to the Dean of Students. The final level of appeal for all nonacademic misconduct is the Vice President for Student Affairs and Enrollment Management.
D. Appeal Process
While all members of the University community have the right to appeal, a request for a hearing need not necessarily be granted. The following points will apply in all cases of appeal.
- The appeal must be made in writing to the appropriate appellate person or body within the specified period of time.
- The appeal must include the name of the individual or organization making the appeal, the action that is being appealed, the date the action took place, and the grounds for appeal. Appeals must be made on the basis of one or more of the following grounds:
- Procedural or prejudicial error was committed.
- The finding of facts contained in the decision included inaccurate information.
- Specific evidence presented at the hearing is objectionable. Reason for the objection must be stated, i.e., why evidence should not be considered.
- Evidence not offered during the hearing is now available. Reason why the evidence was not offered during the hearing must be stated.
- The sanction imposed is excessive or inappropriate. Reasons for believing this must be stated.
- Upon review of an appeal, the appellate person or body may uphold, modify, or completely reverse the original decision. A written rationale will be provided and should be in accordance with one or more of the conditions delineated in Section IV-D-2 noted above.
- The highest level of appeal for nonacademic misconduct is the Vice President for Student Affairs and Enrollment Management, whose decision is final.