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PART VI: Definitions

  1. Advocate: The advocate is an individual, of the student’s choosing, who serves a supporting role to either the victim/complainant or to the charged student during the fact finding hearing or appeal processes. The advocate shall not actively advocate on behalf of the student, including the questioning of witnesses or the direct presentation of information to the hearing or appeal officer.
  2. Appeal: The hearing review process by which a student may seek a final review of the decision made by the disciplinary Hearing Officer.
  3. Appeal Officer: The individual who is designated, by position, to review and make a decision on appeals on each campus. The appropriate Appeal Officer shall be named in any decision letter.
    1. Vice-President of Student Affairs and Enrollment Management – The Vice-President for Student Affairs and Enrollment Management, or designee, will serve as the appeal officer for appeals resulting from hearings held by the Office of the Dean of Students and in cases involving property owned by NMSU’s Board of Regents other than community campuses.
    2. Community College President – The appropriate community college president will serve as the appeal officer for students appealing the outcome of fact finding/sanction hearings conducted by a community college vice president of student services/success. If the community college president is not available to review and render a decision for an appeal due to time constraints, conflict of interest or other reason, the Vice-President of Student Affairs and Enrollment Management will serve as the Appeal Officer.
    3. Associate Director of Housing and Residential Life – The Associate Director for Housing and Residential Life will serve as the appeal officer for appeals resulting from hearings held by Hall Directors.
  4. Appropriate Administrator: One of several key administrators involved in the investigation of alleged student social misconduct and corresponding administrative action, and to whose office suspected or observed student social misconduct should be reported:
    1. Assistant Dean of Students – Student Judicial Services – For misconduct alleged to have occurred on the NMSU-Las Cruces campus, other university property, off campus during a university sponsored event or involving students off campus but having an impact on campus.
    2. Associate Director for Housing and Campus Life – For misconduct alleged to have occurred within on-campus housing and on-campus housing parking lots.
    3. Community College Vice President of Student Services/Success – For misconduct alleged to have occurred at a community college or at an event sponsored by a community college or involving a community college student off campus but having an impact on campus.
    4. Office of Institutional Equity Director/Title IX Coordinator – For misconduct on university premises or at any university sponsored event involving discrimination on the basis of age, ancestry, color, disability, gender identity, genetic information, national origin, race, religion, serious medical condition, sex, sexual orientation, spousal affiliation, and protected veteran status, the Office of Institutional Equity Director/Title IX Coordinator will work with the Office of the Dean of Students or appropriate Community College Vice President for Student Services/Success.
  5. Charged Student: Any student accused of violating the code, which incorporates applicable university policies and procedures. A breach of academic integrity is a violation of university policy and therefore, this code, and is subject to distinct investigative, sanction and disciplinary hearing and appeal process applies.
  6. Chief Judicial Officer: The Dean of Students serves as the Chief Judicial Officer for NMSU. This position is responsible to ensure the Student Code of Conduct meets all legal requirements and available for students to locate and review. The Chief Judicial Officer is also responsible for ensuring the code is followed by the NMSU system.
  7. Complainant: Also referred to as a “reporter”, is any person who reports suspected or observed misconduct by a student; a complaint or report need not be in writing and may be submitted anonymously.
  8. Continuing Relationship: A continuing relationship is one in which there remains a relationship between student and the university. For example, a student who is not enrolled during the summer months, but is expected to return in the fall is deemed to have a “continuing relationship” with the university.
  9. Day: When used in this policy, “day” refers to an NMSU official business day, Monday through Friday, and excludes days which are official NMSU holidays and unplanned closures of the university.
  10. Educational Conference: The educational conference is a step in the student conduct process which explains to the charged student the nature of the charges, the evidence in support of those charges, and options for possible resolution, including an overview of the disciplinary hearing and appeal processes.
  11. Enrolled Student: An individual who is registered for class regardless of when the class begins.
  12. Faculty Member: Any person hired by NMSU to conduct classroom or teaching activities or who is otherwise considered by NMSU to be a member of its faculty.
  13. Good Standing: A student in good standing is one who is not on conduct- related probation, deferred suspension, suspension, dismissal, or expulsion and has completed all misconduct related sanctions.
  14. Hearing: A step in the student conduct process where the university presents the facts in support of the charge(s) against the student and the proposed sanction, and the student is allowed to provide the facts in support of the student’s position to the Hearing Officer.
  15. Hearing Officer: A university official authorized by the Chief Judicial Officer to conduct hearings in the matters of alleged violations of the code.
  16. In Writing: Any form of written communication such as a hard copy letter or an email from the student’s official NMSU email account.
  17. Mitigating or Aggravating Circumstances: Circumstances which may be considered, at the discretion of the Hearing Officer, when deciding the level of responsibility or type of sanction to be imposed. These circumstances include the student’s motive for engaging in the alleged misconduct; disciplinary history; and effect of the behavior on safety and security of the university community.
  18. Social Conduct: Any conduct that is not addressed by the academic code of conduct and subject to those distinct policies and investigative/disciplinary procedures.
  19. Student: A student includes all persons enrolled at NMSU or community colleges and persons who are not officially enrolled for a particular term but who have continuing academic relationships with the university. This includes the following:
    1. Individuals enrolled in one or more credit hours;
    2. Individuals who are degree seeking or non-degree seeking;
    3. Individual who is in an academic related certificate program;
    4. Individual who is registered for non-credit courses;
    5. Individuals seeking dual credit;
    6. Individuals attending Early College High School;
    7. Individuals participating in credit bearing internships;
    8. Individuals participating in national student exchange, study abroad, or international related programs connected to NMSU; and
    9. Individuals able to access student services such as, but not limited to, student fee funded activities, counseling, social work services, student diversity and outreach, career services, and student success center.
  20. Student Organization: Any group of students who are recognized by NMSU as a chartered student organization.
  21. University Community: Includes any person who is a student, faculty member, staff member, or any other person employed by NMSU.
  22. University Official: Includes any person employed by NMSU performing assigned administrative or professional responsibilities.
  23. University Premises: University premises means all lands, facilities and other property owned, operated or controlled by the Board or Regents of NMSU.
  24. University Sponsored Activities: University sponsored activities are those events and activities involving students, student organizations, or university departments, faculty members, or employees that are:
    1. Expressly authorized, aided, conducted or supervised by the university;
    2. Funded in whole or in part by the university;
    3. Initiated by an officially chartered student organization and conducted or promoted in the name of that student organization or the university; or
    4. Take place on university premises.
  25. Victim, also referred to as a “Complainant”: A person alleged to have been harmed by a student in violation of the Code.