PART IV: Interim Measures Pending Fact Finding/Sanction Hearing; Range of Potential Sanctions for Substantiated Misconduct

  1. Interim Administrative Action Pending Investigation or Disciplinary Hearing 
    1. Interim measures may be imposed on a student or student organization, at the discretion of the Dean of Students or appropriate community college vice president, if the student is a community college student. Notice of imposition of an interim measure shall be provided to the student or student organization in writing.
    2. The student or student organization may appeal the imposition of an interim measure by submitting a written request for a meeting to review the matter to the Vice President of Student Affairs and Enrollment Management if the decision was made by the Dean of Students or the Community College President if the decision is made by a Vice President for Student Services/Success. If requested, the review meeting will be conducted within five (5) days of the receipt of the written request. The scope of the review meeting will be limited solely to the issue of the imposition of the interim measures, including requests for special arrangements during the period of interim measures.
    3. If a student’s enrollment status is changed as a result of an interim measure, and the student is subsequently found not responsible for the violation, the university may:
      1. Correct any record of the change in enrollment status in the student’s permanent records and other reports in a manner compliant with State and Federal laws.
      2. Refund to the student, at a minimum, a pro rate of any tuition/fees and other university specific fees and charges as appropriate due to the temporary change in enrollment status and in a manner consistent with the university policy and procedures.
  2. Range of Interim Measures
    1. Cease and Desist: University officials and faculty may, under appropriate circumstances, order a student to stop an activity considered disruptive to the University.
    2. Interim Suspension: The Dean of Students or Vice-President of Services/Success may temporarily suspend a student or student organization when it is determined that a student’s/student organization’s presence adversely affects the health, safety, or welfare of the university community or a member of the university community.
    3. Restrictions on Activities: The Dean of Students or Vice-President of Services/Success may restrict a student’s/student organization’s activities when it is determined that the health, safety, or welfare of a student or members of the university community is at risk. Restrictions on activities may include, but are not limited to: registering for or attending class; accessing or contacting certain individuals (no contact order); accessing university property, facilities, resources or equipment; participating in university activities, organizations or student activities.
    4. Restrictions by Other Authorities: Interim measures may also be taken by other authorities based on the specific rules or requirements relating to such other authorities (e.g. academic and co-curricular programs, campus housing and intercollegiate athletics etc.)
  3. Range of Potential Sanctions for Substantiated Misconduct
  4. When an investigation substantiates, by a preponderance of the evidence, that a student/student organization, the student/student organization will be sanctioned appropriately. The sanction is intended to educate the student/student organization and to deter future misconduct. Progressive discipline is appropriate for lesser violations, however, for serious misconduct, progressive discipline is not required; the sanction should be commensurate with the seriousness of the violation. The following will be considered when determining the level of discipline (sanction): prior warnings or discipline for similar misconduct, if any; the risk of potential harm created; actual personal injury or property damage which resulted; damage to the university community, reputation or interests. One or more of the sanctions listed below may be imposed by the appropriate administrator:
    1. Documented Verbal Warning: This sanction is the lowest level of sanction, designed to “warn” a student that if the behavior is not changed, more serious discipline or sanctions will result.
    2. Written Warning: This type of sanction is designed for less serious violations of the code, for which progressive warnings are likely to be effective. The student/student organization is issued a written warning notifying the student/student organization that the behavior did not meet university standards.
    3. Disciplinary Probation: The placement of a student/student organization on disciplinary probation, for a certain term or indefinitely, indicates that the misconduct was a serious violation of university standards. Additional substantiated violations of the Code, whether similar in nature or not, which occurs during a probationary period will result in more serious sanctions. Probationary status also may result in restrictions being placed on a student’s/student organization’s activities. Examples of such restrictions include, but are not limited to: restriction of privilege to: (a.) participate in student activities or in student organizations, (b.) represent university on athletic teams, or in other leadership positions; (c.) have access to university housing facilities or other areas on campus; (d.) have use of university resources and/or equipment; or (e.) have contact with specified person(s). A student who has been placed on indefinite disciplinary probation, or whose probation has been indefinitely noted on the transcript, may petition to have the probation lifted or the notation removed from the transcript. This petition will not be accepted if submitted prior to one calendar year from the date the probation began. Students must petition to the Dean of Students or Vice-President of Student Services/Success to have the removal of probationary status removed. The decision of the administrator is final.
    4. Loss of University Privileges: This sanction involves the temporary or permanent withdrawal of university privileges, including but not limited to: use of university facilities, resources, equipment, attendances at athletic functions, student union, library use, parking privilege, university computer usage, and/or residence hall or other visitation.
    5. Restitution: This type of sanction requires the student/student organization to pay for all or part of damages (personal injury or property) they caused or contributed to.
    6. Community/University Service: A student/student organization is required to complete a specified number of hours of service at one of the University’s campuses, or in furtherance of the University’s interests.
    7. Educational Requirements: This sanction may be used for lesser violations or in conjunction with other sanctions. A student/student organization may be required to complete a specified educational sanction related to the violation committed. Such educational requirements may include, but are not limited to, completion of a seminar, report, alcohol or drug assessment, presentations, and/or counseling.
    8. Change or Revocation of Housing Assignment: This sanction may be used when a violation of the code also constitutes a breach of the license agreement entered into by the student, or as a remedy to address claims of discrimination, harassment, bullying, stalking or other inability to get along with neighbors. The student/student organization may be required to (a.) relocate to a new university housing assignment; (b.) leave university owned housing for a specified period of time; or (c.) leave university owned housing permanently.
    9. No Contact Order: A directive informing the student/student organization that they are not permitted to have any contact, direct or indirect, with one or more designated persons or group(s) through any means, including personal contact, email, telephonic, electronic or third parties. No contact order directives may be issued as a sanction or may also be issued by the appropriate administrator under circumstances which do not involve student/student organization discipline.
    10. Deferred Suspension: A status given to a student for a defined period of time, not to exceed one year, in which the student may stay enrolled in classes but may not formally represent NMSU in any manner such as on athletic teams, intramural teams, student leadership roles, or participate in student organizations.
    11. Suspension: A student who is suspended shall not be enrolled and is required to leave the University for a specified period of time. The specified period of time cannot be longer than one calendar year. The student must comply with all sanctions and complete all requirements prior to re-admission. During the suspension period the student may not visit or come onto any NMSU premises without specified written permission of the Dean of Students or appropriate Vice President for Student Services/Success. Credits taken at another institution of higher education may not be accepted as transfer credits when or if the student returns to NMSU.A student organization who is placed on suspension shall not be recognized as a chartered student organization and therefore, may not receive the recognition, rights and privileges of a chartered student organization for a specified period of time. The specified period of time cannot be longer than one calendar year. The student organization must comply with all sanctions and complete all requirements prior to re-chartering.
    12. Dismissal: A student who is dismissed is required to leave the university for an indefinite period of time. Students may not reenroll nor reenter university premises for a minimum of one calendar year, and then, only by petitioning and obtaining consent from the Dean of Students or appropriate Vice President for Student Services/Success. A permanent notation of dismissal is placed on the student’s transcript. During the dismissal period, the student may not visit or come onto NMSU premises without specific written permission from the Dean of Students or appropriate Vice President for Student Services/Success. Credits taken at another institution of higher education may not be accepted as transfer credits when or if the student returns to NMSU.

      A student organization placed on dismissal shall not be recognized as a chartered student organization and therefore, may not receive the recognition, rights and privileges of a chartered student organization for an unspecified period of time. Student organizations may not re-charter for a minimum of one calendar year, and only then, by petitioning and obtaining the consent of the Dean of Students or appropriate Vice President for Student Services/Success. The student organization must comply with all sanctions and complete all requirements prior to re-chartering.

    13. Expulsion: Expulsion is used as a sanction only in the most serious cases of misconduct. A student who is expelled is permanently deprived of the privilege to continue at the university in any capacity. The student may not visit or come onto any NMSU premises or NMSU sponsored events without specific written permission of the Dean of Students or appropriate Vice President for Student Services/Success.

      A student organization who is given the sanction of expulsion is permanently deprived of the privileges to continue as a chartered student organization at NMSU. Therefore, the student organization loses all recognition, rights and privileges given to chartered student organizations.

    14. Denial of Further Registration and/or Credits: Denial of the privilege to reenroll or invalidation of credits earned is a sanction available when a student has been found to have made false, fraudulent or materially incomplete statements on official university records. Examples of such records include but are not limited to: application for admission, residence affidavit, and application for graduation.
    15. Withholding Degrees: Withholding issuance of a degree, diploma, certificate or official transcript pending compliance with university policies or pending completion of the processes set forth in this code, including but not limited to completion of all elements of a sanction.