PART II: Jurisdiction

  1. On-campus: The code applies to conduct which takes place on university premises.
  2. Off-Campus Conduct: The code generally is not applied to conduct which occurs off campus, but the university retains the right to act in cases where there is a sufficient connection between the off campus conduct and the university. Disciplinary action imposed by NMSU may proceed, and be in addition to, any penalty that might be imposed by an off-campus authority. Examples of when off campus conduct will result in action under the code include but are not limited to the following:
    1. Conduct at university sponsored events;
    2. Conduct which reasonably may present a danger or threat to the health or safety of the student or others;
    3. Conduct which significantly impinges upon the rights, property or achievements of self or others or significantly breaches the peace or causes social disorder, or
    4. Conduct detrimental to the educational mission or interests of the university.
  3. Social Media: As a general rule, personal use of non-NMSU social media is not governed by this code. Students should be aware, however, that online postings such as blogs, web postings, chats and social networking sites are in the public sphere and are not private unless password protected, and even then may be shared in unpredictable ways and with unintended audiences. In cases where personal and academic or professional boundaries are blurred, students should exercise discretion. Exceptions to the general rule may be made when actions or statements over social media have a sufficient connection to the university. These exceptions apply when:
    1. the use of an electronic medium involves the use of NMSU resources (e.g. email account, NMSU electronic media, use of NMSU work time) inconsistent with the policies and procedures applicable to such use;
    2. the use of an electronic medium involves a true threat, defined as a threat whereas a reasonable person would interpret as a serious expression of intent to inflict harm upon specific individuals;
    3. the use of an electronic medium posts material considered to be forms of illegal bullying, discriminatory or other severe and pervasive harassment, or stalking, in violation of the code or the law;
    4. the use of an electronic medium is used to defame someone, post unlawful materials, or otherwise causes a material and unreasonable interference with the education, research public service and outreach missions of the university; or
    5. the use of the electronic medium provides evidence of a potential violation of the code warranting investigation and potential disciplinary action.
  4. Court or Administrative Proceedings Outside of the University: If a charged student/student organization wishes to have the hearing postponed because there is pending or possible civil or criminal litigation which the student(s) feels might be prejudice by the findings of the hearing, such postponement may be granted at the discretion of the appropriate administrator, provided that the student/student organization agrees to accept conduct probation or suspension as an interim sanction. Such probation, suspension or ban from campus will be determined and activated by the appropriate administrator and will remain in effect until a hearing is held, either at the request of the student, or upon notice to the student/student organization, at the request of the appropriate administrator, should it be decided that the postponement of the hearing is no longer appropriate.
  5. Determination of Hearing Officer: Location of the incident shall determine who will serve as the Hearing Officer for cases which may involve the violation of the code, unless there is a challenge to impartiality or as provided in the following section (Students Holding Multiple Roles).
  6. Students Holding Multiple Roles: Students often serve in various capacities on campus. This code applies in all instances. Depending upon the circumstances, a student may be held to higher or additional standards by other authorities on campus (e.g. Housing, Intercollegiate Athletics), which means that a student may be subject to more than one set of rules and consequences for the same action.
    1. Community Colleges: Violations of the code occurring on property overseen by a specific Community College within the NMSU system will be heard by a Hearing Officer designated by that community college. The provisions of this code will be applied at the community colleges.
    2. On-Campus Housing Students: Violations of the code or campus housing rules occurring within campus housing properties or parking lot assigned to on-campus housing units shall be heard by a designated Hearing Officer within the Department of Housing and Residential Life. The fact finding hearing and appeal processes described herein apply to these cases. If the alleged violation involves conduct for which deferred suspension, suspension, dismissal, or expulsion would be the appropriate sanction, then the hearing process will be managed by the Office of the Dean of Students. The Department of Housing and Residential Life may also request the Office of the Dean of Students to hear a case which may not result in deferred suspension, suspension, dismissal, or expulsion if the appropriate administrator determines there is a conflict of interest or other concern if it were to be heard within Housing and Residential Life.
    3. Title IX: Students, faculty, staff who suspect or observe stalking, dating violence, domestic violence, or other conduct involving sexual discrimination, including sexual misconduct or harassment shall be reported immediately to the university’s Title IX Coordinator, the Director of the Office of Institutional Equity at: Office: (575) 646-3635; TTY : 575-646-7802; email: equity@nmsu.edu. Professional staff subject to confidential reporting laws (e.g. licensed mental health counselors and physicians) are not subject to this reporting requirement. The Title IX Coordinator ensures all reported incidents are promptly assessed and investigated in accordance with the protocols outlined in Policy 3.25 of the NMSU Policy Manual. If the investigation substantiates a violation of the code, the Office of Institutional Equity will provide a copy of the investigative report to the appropriate administrator. The appropriate administrator will review and initiate the sanction and hearing process, as well take any additional remedial action, as may be appropriate under the circumstances, consistent with the code and with Title IX.
    4. Academic Related Conduct: When a behavior results in the possibility of a violation of the Academic and Social Code of Conduct, the Dean of the college or designee shall work with the appropriate administrator and decide if one or both processes will be used to investigate and determine level of responsibility.
    5. Employment: When a student is also a student employee and violates the code while acting in the capacity of employee, then the appropriate administrator shall coordinate with the Office of Employee and Labor Relations regarding student and/or employee discipline issues.
    6. Athletes: When a student is also a student athlete and violates the code, the student may go through the process used by the Department of Athletics as well as the code. These two process may take place concurrently and one outcome may or may not affect the outcome of the other process.
    7. Cadets in ROTC: When a student is also a cadet in an NMSU ROTC program and violates the code, the student may go through the process used by the appropriate ROTC program, as well as, the code. These two processes may take place concurrently and one outcome may or may not affect the outcome of the other process.
    8. Dual Credit/Early College High School: If a dual credit or early college high school student is involved in an incident where a violation of the code may have occurred, NMSU has the right to charge the student for the possible violation and follow the process for investigation, hearing, and determination. The student has the same rights given to all students during this process. The NMSU Hearing Officer shall be determined by the location of the incident.