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Safety and Security Report

Clery Crime Statistics

On CampusNon-Campus
Crime2013*2014*2015*2013*2014*2015*
Murder & Non-Negligent Manslaughter000000
Negligent Manslaughter000000
Sex Offenses – Forcible000000
Sex Offenses – Non-Forcible000000
Robbery000000
Aggravated Assault000000
Burglary101000
Motor Vehicle Theft100001
Arson000000
Weapons Violation – Arrests000000
Weapons Violation – Disciplinary Referral000000
Drug Abuse Violation – Arrests000000
Drug Abuse Violation – Disciplinary Referral000000
Liquor Law Violation – Arrests000000
Liquor Law Violation – Disciplinary Referral000000
Unfounded Crimes011000
Harassment000000
Vandalism000000
Title IX Offenses   
     Domestic ViolenceN/A00000
     Dating ViolenceN/A00000
     StalkingN/A10000

 *Currently UNM–Valencia only has On Campus facilities per Federal Regulation Definitions. Therefore report only reflects data for on campus facilities as per federal definitions.


Important Numbers

Emergency: 911

Campus Police: 925.8570 (in the Cafeteria)

Definitions under Federal Regulations

On campus: Any building or property owned or controlled by an institution within the same reasonably contiguous geographic area and used by the institution in direct support of, or in a manner related to, the institution's educational purposes, and any building or property that is within or reasonably contiguous to paragraph (1) of this definition, that is owned by the institution but controlled by another person, is frequently used by students, and supports institutional purposes (such as a food or other retail vendor).

A non-campus building or property: Any building or property owned or controlled by a student organization that is officially recognized by the institution; or any building or property owned or controlled by an institution that is used in direct support of, or in relation to, the institution's educational purposes, is frequently used by students, and is not within the same reasonably contiguous geographic area of the institution

Public property: All public property, including thoroughfares, streets, sidewalks, and parking facilities, that is within the campus, or immediately adjacent to and accessible from the campus

Community

The University of New Mexico-Valencia Campus (hereafter “UNM-Valencia”), located in Los Lunas, N.M., and is a community of more than 2,200 staff, faculty and students. Visitors come to our campus to attend lectures, symposia, concerts, plays, fundraisers and other events. UNM-Valencia is surrounded by unincorporated areas of Valencia County, the cities of Belen and Rio Communities, and the villages of Los Lunas and Bosque Farms.

Safety

You make the difference! Your safety and security are of prime concern, and Campus Police works hard to ensure that the campus is a safe place to learn, work and play. UNM-Valencia is not, however, exempt from crime. Campus Police is doing its part to prevent crime, but to be safe and secure, you must take common-sense precautions, be alert and look out for others.

Mission

The mission of the Police Department is to provide UNM-Valencia with exceptional services for the preservation of human rights and the protection of people and property. These services will be provided with an emphasis on proactive measures while minimizing the need for reactive responses. Campus Police strives for positive interaction with outside agencies, and maintains a strong, cooperative relationship with the community by respecting differences and fostering a better understanding through communication.

Protect

All UNM-Valencia police officers are required to meet state certification standards mandated by the New Mexico Department of Public Safety. UNM Police officers are commissioned by The University of New Mexico Board of Regents (Section 29-5-2 NMSA 1978). They have full power of peace officers on campus, including the authority to enforce all applicable laws, ordinances and campus traffic regulations, and the authority to arrest. Officers are also cross-commissioned countywide by the Valencia County Sheriff. The UNM-Valencia Police Department has interoperable radio communications and can talk to area police and fire during emergency situations.

The Police Department investigates complaints of on-campus criminal activity, working closely with the Valencia County District Attorney’s Office to ensure effective prosecution.

Campus Police encourages students, faculty, staff and visitors to promptly report all crimes. Crimes occurring on campus should be reported immediately by calling 925.8570. Crimes committed off campus should be reported to the appropriate police agency.

All crime victims and witnesses are strongly encouraged to immediately file a report. Prompt reporting will assure timely warning notices are posted and will provide for timely disclosure of crime statistics.

In an emergency, dial 911. The phone system automatically traces the location of all calls, which enables officers to respond even when a caller cannot provide the location. When you are on campus and dial 911, your call will be received by the Valencia County Dispatch Center who will dispatch the call to Campus Police or other appropriate law enforcement agency.

Emergency Response Procedures

In the event of a significant emergency or dangerous situation involving an immediate threat on campus, UNM-Valencia has a multi-faceted, emergency communications system designed to notify students, faculty, staff and visitors through text and email alerts, Network Emergency Broadcast Alert system, and webpage notifications. Plans and policies are in place such that the UNM-Valencia will, without delay, and taking into account the safety of the campus community, determine the content of the notification and initiate the notification system, unless issuing a notification will, in the professional judgment of responsible authorities, compromise efforts to assist a victim or to contain, respond to or otherwise mitigate the emergency. Students, faculty and staff are automatically enrolled in LoboAlerts, which is an emergency text messaging system and the greater community can also receive the alerts through social networking sites like facebook.

The UNM Emergency Control Policy (UNM Policy 6130) outlines the process Campus Police uses to confirm that a significant emergency exists and the process used to target messages to the appropriate segments of the campus. The decision to send out notification of a significant emergency lies with the Director of Business Operations (or respective designees), and/or the Campus Police Sergeant. Ideally these officials will collaborate when deciding whether to initiate the notification system; however, these officials are authorized to initiate the system on their own, without first obtaining the concurrence of the others, if circumstances do not allow for collaboration. The UNM-Valencia Public Information Officer may assist in crafting the content of the notification message, which is then disseminated by the appropriate department to the campus community through one, or more of the systems described above.

UNM-Valencia conducts exercises of the campus emergency communications system annually. At that time, the Network Emergency Broadcast Alert system and web page are deployed. UNM-Valencia provides orientation to new students, faculty and staff and campus groups and departments regarding basic safety and emergency preparedness efforts.

 LoboAlerts

Timely Warning Notices

If Campus Police receives information that a crime has occurred that represents a serious or continuing threat to the community, a timely warning notice will be sent to students, staff and faculty in an effort to promote safety and aid in the prevention of similar crimes. The Director of Business Operations (or designee) authorizes the issuance of a timely warning notice. The notice will include information about the circumstance that triggered the timely warning and what action members of the campus community are advised to take to protect themselves. The Director of Business Operations (or designee) may decide to issue updates as needed as the situation evolves.

UNM-Valencia maintains multiple systems that are utilized to warn the campus community of crimes, including text, email, computer and web alerts. Students, faculty and staff are automatically enrolled in LoboAlerts, which is an emergency text messaging system.

The Director of Business Operations determines the content of the alert, which is then disseminated to the campus community through one or more of the systems described above.

Prevention

Alarm system: We operate a computerized intrusion and fire alarm system to monitor facilities throughout campus to enhance personal and building security.

Crime prevention materials: Free brochures and other documents regarding crime prevention are available at the Campus Police office and other campus locations.

Escort service: Campus Police Assistance is available for stalled vehicles or keys locked in vehicles.

Lost and found: Campus Police operates the main lost-and-found service for UNM-Valencia.

Access to campus facilities: UNM-Valencia strives to make the campus safe by limiting access to buildings after business hours. Buildings on campus are generally open during regular business hours, when classes are in session and for special events. Persons authorized to remain in a building after closing times are required to have proper identification at all times. Police personnel conduct frequent internal and external checks of all campus buildings.

Crime Reporting & Compiling Crime Statistics

Campus Police encourages anyone who is the victim of, or witness to, any crime at UNM-Valencia to promptly report the incident. Under New Mexico law, the original entry police report must be made available for review upon request by a member of the public. Campus Police does not identify crime victims by name in the original entry police report. Supplemental police reports detailing the investigation, and including the names of the victim, accused and witnesses are not available for public inspection. A crime victim or witness to a crime who does not want to report the incident to the police, but wants it included as a statistic in the Annual Security & Safety Report may make a confidential report to the UNM-Valencia Campus security authority office.

Campus Police compiles and reports annual crime statistics to inform the University community about crime and related problems. Statistics are gathered from Campus Police department reports.

In addition to reporting crime statistics from reports made to the Campus Police, the department contacts the campus security authority office to find out if any crimes were reported, including confidential crime reports, which were not reported to law enforcement. UNM-Valencia’s campus security authority office is found in the UNM-Valencia Director of Student Affairs Office. Advisors to UNM chartered student organizations are also campus security authorities. Reports of crimes made to all these offices and University personnel, including reports made confidentially, are included in the annual crime statistics.

Each year, an email notification is sent to all enrolled students and UNM-Valencia faculty and staff that briefly describes the annual security report and includes the most recent calendar year’s crime statistics. The email also includes the exact website address to access the full report. Copies of the annual security report may also be obtained at the Campus Police department and Business and Finance Office. Prospective students and employees may request a copy of the report or access it on the Campus Police web page.

Who Are Campus Security Authorities? The Clery Act mandates that institutions must disclose statistics both for crimes reported to local police agencies and crimes reported to campus security authorities.

Campus security authorities include the following:

  • A member of a campus police department or a campus security department of an institution
  • Any individual or individuals who have responsibility for campus security, but who do not constitute a Campus      Police department or a campus security department (e.g., an individual who is responsible for monitoring the entrance into institutional property).
  • Any individual or organization specified in an institution’s statement of campus security policy as an      individual or organization to which students and employees should report criminal offenses.
  • An official of an institution who has significant responsibility for student and campus activities, such as:     
    • Director of Student Affairs
    • Faculty advisor to a student group
  • The intent of including non-law enforcement personnel as campus security authorities is to acknowledge that many people, students in particular, are hesitant about reporting crimes to the police, but may be more inclined to report incidents to other campus-affiliated individuals.
  • Examples of individuals who do not meet the criteria for being campus security authorities include a faculty member who does not have any responsibility for student and campus activity beyond the classroom, clerical staff, custodians and maintenance personnel and cafeteria staff.

Responsibilities of Campus Security Authorities

Because of the law’s complex reporting requirements, the most reasonable and effective way to manage the reporting is as follows: If Campus Security Authorities observe any crime listed below, or if any person reveals to a Campus Security Authority, in good faith, that he/she learned of or were the victim of, perpetrator of, or witness to any crime listed below, the Campus Security Authority must immediately notify the UNM-Valencia Police Department.

Crimes that should be reported are:

  • Murder and non-negligent manslaughter
  • Negligent manslaughter
  • Sex Offenses (Rape, Fondling, Incest, Statutory Rape)
  • Robbery
  • Aggravated assault
  • Burglary
  • Motor vehicle theft
  • Arson
  • Liquor Law Arrests
  • Liquor Law Referrals for Disciplinary Action
  • Drug Law Arrests
  • Drug Law Referrals for Disciplinary Action
  • Weapons Violations
  • Dating Violence
  • Domestic Violence
  • Stalking

All hate crimes noted by category of bias (race, gender identity, religion, sexual orientation, ethnicity, national origin or disability), which include the following:

  • Murder and non-negligent manslaughter
  • Negligent manslaughter
  • Sex Offenses (Rape, Fondling, Incest, Statutory Rape)
  • Robbery
  • Aggravated assault
  • Burglary
  • Motor vehicle theft
  • Arson
  • Larceny-theft
  • Simple Assault
  • Intimidation
  • Destruction, Damage or Vandalism of Property

Sex Offender Registration

In accordance with the Campus Sex Crimes Prevention Act of 2000 (CSPA), the UNM-Valencia Police Department is providing a link to the New Mexico Department of Public Safety for law enforcement agency information concerning registered sex offenders. The CSPA requires institutions of higher education to inform the campus community where law enforcement information about registered sex offenders may be obtained. It also mandates that sex offenders who are required to register in a State must also give notice of each institution of higher education in that State at which the person is employed, carries on a vocation, or is a student. Additionally, the New Mexico Sex Offender Registration and Notification Act requires a convicted sex offender who is employed by, enrolled at, volunteering with or carrying on a vocation at an institution of higher education to register with the university’s law enforcement department, the university registrar, the county sheriff for the county in which the higher education institution is located as well as the county sheriff for the county in which the sex offender resides. Registration at UNM-Valencia is administered by Campus Police or the Registrar’s Office.

A list of registered sex offenders is available from the New Mexico Department of Public Safety at nmsexoffender.dps.state.nm.us/

Policy on Illegal Drugs & Alcohol

Adopted by the President on Aug. 3, 1990 (Revised: Sept. 11, 1992)

This Policy on Illegal Drugs and Alcohol is adopted pursuant to federal laws and because of the commitment of The University of New Mexico to an environment for the pursuit of its educational mission free of drugs and the illegal use of alcohol. Drug and alcohol abuse on campus poses a serious threat to the health and welfare of faculty, staff and students; impairs work and academic performance; jeopardizes the safety and well-being of other employees, students and members of the general public; and conflicts with the responsibility of The University of New Mexico to foster a healthy atmosphere for the pursuit of education, research and service.

This policy covers all property owned, used, leased or controlled by The University of New Mexico, or any other site where official University business is being conducted. "Controlled substances" means those substances in Schedules I through V of section 202 of the Controlled Substances Act, 21 U.S.C. 812, and implementing regulations, 21 CFR 1308.11-1308.15. Controlled substances include, but are not limited to, marijuana, cocaine (including "crack"), amphetamines, heroin, PCP, hallucinogens, and certain prescription drugs. Illegal uses of alcohol include, but are not limited to, serving, buying or drinking alcohol by a minor; assisting a minor or an intoxicated person to get alcohol; selling alcohol without a license and driving while under the influence. This policy is not intended to supersede or negate any existing policies on substance abuse, student or employee discipline, or any additional requirements imposed on The University of New Mexico or its students, faculty or staff by federal or state law.

I. Policy Statement

The unlawful manufacture, distribution, dispensing, possession or use of controlled substances or alcohol on UNM property or as part of any of its activities by any member of The University of New Mexico community faculty, staff or students strictly prohibited. As a condition of employment, all employees, faculty and staff of The University of New Mexico shall abide by the terms of this policy. Violation of this policy shall result in disciplinary action, up to and including dismissal. For more detailed information, faculty should refer to the Faculty Handbook and / or contact the Faculty Grants and Contracts Office. Staff may refer to the University Business Policies and Procedures Manual and/or contact the Human Resources Department. As a condition of continued registration and enrollment, any student of The University of New Mexico shall abide by this policy. Violation of this policy shall result in disciplinary action, up to and including expulsion. For more detailed information, students should refer to the Student Code of Conduct and related policies printed in the UNM Pathfinder and/or contact the Valencia Campus Director of Student Affairs Office. UNM's response to any violation of this policy may include, as a total or partial alternative to disciplinary action, a requirement that the employee or student participate satisfactorily in an approved substance abuse treatment or rehabilitation program as a condition of continued employment or registration /enrollment. Any employee engaged in the performance of work under a federal contract or grant is required, as a condition of employment, to notify his/her supervisor if he or she is convicted of a criminal drug statute violation occurring in the workplace within five days of such conviction. The supervisor shall notify the University Counsel's Office. Failure of the employee to notify the supervisor shall be grounds for disciplinary action. In recognition of the dangers of substance abuse in the workplace, The University of New Mexico shall maintain alcohol and drug-free awareness programs to inform members of the University community about the issues and risks of substance abuse, and about counseling, and treatment resources. The University shall assign responsibility for such awareness programs to specific administrative entities, which shall be provided sufficient resources to develop and maintain the programs. As a matter of policy, any referral, treatment, awareness or primary prevention programs established by The University of New Mexico shall play no role in enforcing or instituting possible disciplinary action.

II. Legal Sanctions for the Unlawful Possession or Distribution of Illicit Drugs and Alcohol

The penalties for even the most minor of violations of the Liquor Control Act can include fines of up to $300, confiscation of property and imprisonment for up to seven months. More serious violations carry greater penalties, with larger fines and longer imprisonment. Driving or using machinery after drinking or using drugs creates the risk that the user may injure or kill someone. This can result in homicide charges. License revocation and vehicle impoundment are also possible results of driving while under the influence of liquor or drugs. The minimum blood alcohol levels at which drivers' licenses are revoked in New Mexico are: .02% for those under 21 and. 08% for those 21 and over. All drivers in New Mexico are presumed to be intoxicated at the .08% level. In drug-related cases a court can permanently suspend eligibility for federal benefits, including financial aid. A criminal record can seriously hurt educational and career opportunities. Penalties for illegal drug use can include significant fines and imprisonment. Penalties for the illegal sale of drugs are greater, and may include property confiscation. Alternative penalties for illegal drug or alcohol use may also include mandatory commu­nity service. Violation of laws by a foreign national may result in deportation. Details on federal and state sanctions for the unlawful possession or distribution of illegal drugs are contained in the Policy on Illegal Drugs and Alcohol that appears on page 53 of the 2007-2008 UNM Pathfinder.

III. Health Risks Associated with Use of Illicit Drugs and the Abuse of Alcohol.

Excessive alcohol consumption and abuse of illicit drugs can lead to certain types of cancer, pathological changes in the liver, brain, heart and muscle which can lead to disability and death, addiction, birth defects, shortened life span, stomach ulcers phlebitis, varicose veins, and other health problems. Alcohol and drugs are also a major factor in homicides, assaults, rapes, suicide, family and date violence. Alcohol is significantly involved in all types of accidents- motor vehicle, home, industrial, and recreational. Unintended pregnancies and sexually transmitted diseases are often associated with alcohol or other drug abuse, as well as relationship, academic or work problems. For more information on the possible effects and health risks associated with the use of illicit drugs and alcohol, contact the Student Health Center Health Education Program (277.7947) or the UNM Campus Office of Substance Abuse Prevention (277.2795). Information on the possible effects and health risks associated with the use of illicit drugs and controlled substances is also contained in the Policy on Illegal Drugs and Alcohol that appears on Page 53 of the 2007-08 UNM Pathfinder.

IV. Campus Resources for Substance Abuse Problems

If you are concerned about your own, an employee's or a colleague's alcohol or drug use, contact the CARS (Counseling, Assistance & Referral Service) program. The intent of CARS is not to intrude into the private lives of University employees, but rather to provide services for those who choose to request help with their problems. Your contact with CARS is confidential within the limits of applicable law and ethical guidelines. Individual assessments, short-term counseling, consultation and referrals are available. CARS also offers presentations on a variety of topics, voluntary mediation services, group crisis intervention, and team building. Call 272.6868 or Human Resources for information about available counseling and referral resources.

Weapons Policy

Employees, students and visitors are not permitted to use or possess weapons on any part of the campus. Weapons include, but are not limited to, firearms, ammunition, volatile substances or materials, bombs, explosives or incendiary devices. Persons who have such weapons in their possession must deposit them with Campus Police for the duration of their stay. Any person failing to comply will become subject to appropriate disciplinary and/or criminal action.

Safety Tips

  • Walk purposefully. Look confident.      Watch where you are going. Be alert to your surroundings.
  • Use well-lighted, well-traveled      routes. Avoid short cuts through isolated areas.
  • Lock all doors and close all      windows when leaving your car, whether it is for a few minutes or several      hours.
  • Have keys ready when you approach      your car. Check the car for intruders before entering and lock your door      immediately after getting into your car.
  • Always lock your bicycle or      motorcycle when leaving it unattended, even if it is only for a few      minutes. Use the U-shaped high security lock whenever possible.

Safety Training:

Safety Training is provided periodically for staff, faculty and student employees. Please watch for information regarding upcoming sessions. Suggestions for training sessions can be emailed to the Director of Business Operations.

Sexual Assault

General

Title IX of the Educational Amendments of 1972 (Title IX) is a federal civil rights law that prohibits discrimination of the basis of sex (including gender, sex stereotyping and gender identity) in federally funded education programs and activities. Sexual harassment, which includes acts of sexual violence and sexual misconduct, is a form of sex discrimination prohibited by Title IX. This policy on Sexual Violence and Sexual Misconduct applies to any allegation of sexual violence or misconduct made by or against a student, or a UNM-Valencia staff or faculty member, regardless of where the alleged sexual violence or misconduct occurred. If the circumstances giving rise to the complaint are related to UNM-Valencia’s programs or activities, this policy may apply regardless of affiliation of the parties.

Sexual violence and misconduct may be committed by anyone, including a stranger, an acquaintance, a friend or someone with whom the victim is involved in an intimate or sexual relationship. Individuals who have experienced sexual violence or misconduct are encouraged to report what happened to law enforcement and to see assistance from any of the Campus Resource Offices. A report of sexual violence or misconduct will be taken seriously and addressed in accordance with UNM Policies and Procedures. The University’s Title IX Coordinator is Heather Cowan of the Office of Equal Opportunity (OEO), who oversees institutional compliance with Title IX.

This policy includes information for students, staff and faculty on resources available following an act of sexual violence or misconduct, UNM-Valencia responses, education, and prevention programs and possible disciplinary sanctions.

1. Reporting Sexual Violence

If the incident occurred on the UNM-Valencia Campus, contact Campus Police. The University urges any individual who has experienced sexual violence or misconduct, or has knowledge about an incident of sexual violence or misconduct, to make an official report. In order for the University to respond effectively to individuals who have experienced sexual violence or misconduct, all UNM-Valencia staff and faculty, except as noted in Section 7, who receive information about a person who has experienced sexual violence or misconduct must report the information to OEO within 24 hours, or as soon as reasonably practicable, by calling 505.277.5251 emailing oeounm@unm.edu. See Section 7 for more details, including how you can retain your anonymity when you report.

2. Definition of Sexual Violence and Sexual Misconduct

Sexual violence refers to physical sexual acts perpetrated with force or coercion against a person’s will; or where a person has not given consent as defined in this policy or is unable to consent because of his or her use of alcohol or drugs, or disability, or age. Sexual violence is a crime.

Examples of prohibited acts of sexual violence and sexual misconduct include:

  • Rape/Sexual Assault: Non-consensual      intercourse (either vaginal or anal) with a penis, vagina, tongue, finger,      or any object.
  • Sexual Exploitation: Taking sexual      advantage of another person without consent, including, without      limitation, indecent exposure; voyeurism; non-consensual recording,      photographing, or transmitting identifiable images of private sexual      activity and/or the intimate parts of another person; and/or allowing      third parties to observe private sexual acts.
  • Dating Violence: Under New      Mexico Crimes Against Household Members Act, someone with whom a person      has a dating or intimate relationship is considered to be a household      member. Any of the felony and misdemeanor crimes enumerated as domestic      violence in the Crimes Against Household Members Act are also crimes when      committed against someone with whom the offender has a dating or intimate      relationship.
  • Non-consensual Oral Sex: Non-consensual      contact between one person’s mouth and the genitals or anus of another      person.
  • Domestic Violence: Under state      law, domestic violence is defined a felony and misdemeanor crimes under      the New Mexico Crimes Against Household Members Act. Crimes included under      the New Mexico Crimes Against Household Members Act are assault,      aggravated assault, assault with intent to commit a violent felony,      battery and aggravated battery. A “household member” is a spouse, former      spouse, parent, present or former stepparent, present or former      parent-in-law, grandparent, grandparent-in-law, a co-parent or a child, or      a person with whom someone has had a continuing personal relationship.      Cohabitation is not necessary to be deemed a household member under the      Act. In addition, under the New Mexico Family Violence Protection Act,      violation of a court-issued order or protection granted to protect an      individual who has experienced sexual violence or misconduct or domestic      abuse is a misdemeanor crime.
  • Stalking: Under New      Mexico law, “stalking” is defined as knowingly pursuing a pattern of      conduct, without lawful authority, directed at a specific individual when      the person intends that the pattern of conduct would place the individual      in reasonable apprehension of death, bodily harm, sexual assault, or      restraint of the individual or another individual. “Aggravated stalking”      consists of stalking perpetrated by a person who knowingly violates a      court order, including an order of protection, or when the person possesses      a deadly weapon or when the victim is under sixteen years of age.
  • Sexual Contact/Battery: Non-consensual      touching, kissing, or fondling of another person in a sexual way, whether      the person is clothes or unclothe, or forcing someone to touch another in      a s sexual way.
  • Domestic Abuse: under the      Family Violence Protection Act, “domestic abuse” is defined as “an      incident of stalking or sexual assault whether committed by a household      member or not” resulting in physical harm, severe emotional distress, bodily      injury or assault, a threat causing imminent fear bodily injury by any      household member, criminal trespass, criminal damage to property,      repeatedly driving by a residence or work place, telephone harassment,      harassment, or harm or threatened harm to children. Under the Family      Violence Protection Act, “household members” include a spouse, former      spouse, parent, present or former stepparent, present or former      parent-in-law, grandparent, grandparent-in-law, a co-parent or a child, or      a person with whom someone has had a continuing personal relationship.      Cohabitation is not necessary to be deemed a household member under the      Act. Violation of any provision of an order of protection issued under the      Family Violence Protection Act is a misdemeanor crime and constitutes      contempt of court and may result in a fine or imprisonment or both.
  • Sexual Harassment: Sexual      harassment, a form of sex discrimination, is defined as unwelcome conduct      of a sexual nature. There are two typical types of sexual harassment: quid      pro quo and hostile environment. University Administrative Policy (UAP)      2730 (“Sexual Harassment”)      http://policy.unm.edu/university-policies/2000/2730.html describes the      prohibition on all forms of sexual harassment, including sexual violence      and sexual misconduct.

For complete definitions of the crimes of sexual assault, domestic violence, dating violence, and stalking under New Mexico law, see “New Mexico Definitions of Violence Against Women Act1 Crimes” in Section 15 of this policy.

2.1 Jurisdiction

The OEO is not a law enforcement agency. As such, while it is charged with investigating allegations of sexual violence and misconduct as provided in this policy, OEO does not enforce criminal statutes. Enforcement of criminal statutes is the sole jurisdiction of law enforcement agencies. Similarly, while it generally has jurisdiction to administratively investigate claims of sexual violence, depending on the allegations made, OEO may not have jurisdiction to investigate alleged sexual misconduct. The information received from an individual will be reviewed and a determination will be made as to whether OEO has jurisdiction over the concerns.

3. Definition of Consent

Consent is an affirmative, informed, and conscious decision to willingly engage in mutually acceptable sexual activity. Consent requires a clear affirmative act or statement by each participant to each sexual act in sexual interaction. Consent demonstrates that the conduct in question is welcome or wanted. Relying solely on nonverbal communication can lead to miscommunication about one’s intent. Confusion or ambiguity may arise at any time during a sexual interaction. Therefore, it is essential that each participant makes clear his or her willingness to continue at each progression of the sexual interaction.

Definition of Consent:

Affirmative, informed and conscious decision to willingly engage in mutually acceptable sexual activity. Demonstrated by a clear affirmative act or statement made by each participant to each sexual interaction.

Definition of No Consent:

No clear act or statement given. Silence, passivity, or lack of response. Participant is asleep, unconscious or otherwise unaware of what is happening. Participant is under the influence of alcohol or drugs such that he or she is unable to give meaningful consent or does not understand the situation. Participant is impaired by mental, physical or psychological disability. Participant is not of age to consent.

Sexual activity will be considered “without consent” if no clear act or statement is given. Consent may not be inferred from silence, passivity or lack of active response alone. A person who is asleep, unconscious, or otherwise unaware of what is happening is unable to give consent. Furthermore, a current or past dating or sexual relationship is not sufficient to constitute consent in every instance, and consent to one form of sexual activity does not imply consent to other forms of sexual activity. It is the responsibility of the person initiating the sexual activity to obtain consent from his or her partner. Being intoxicated or under the influence of other drugs does not diminish one’s responsibility to obtain consent.

The use of alcohol or drugs can limit or prevent a person’s ability to freely and clearly give consent. If a person is under the influence of alcohol or drugs, such that he or she is unable to give meaningful consent or does not understand the fact, nature or extent of the sexual situation, there is not consent. Intoxication alone, however, does not mean a person is incapable of consenting to sexual activity. OEO examines the record of other behavior like stumbling or otherwise exhibiting loss of equilibrium; slurred speech or word confusion; bloodshot, glassy or unfocused eyes; vomiting, especially repeatedly; being disoriented, or confused as to time or place; loss of consciousness. Should the preponderance of the evidence in the record demonstrate that one or more such behaviors were objectively apparent at the time the alleged unconsented-to or unwelcomed sexual activity occurred, then the evidence may demonstrate that the respondent knew or should have known that the complainant was incapable of giving meaningful consent to sexual activity due to intoxication. If the person initiating the sexual activity is also under the influence of alcohol or drugs, that does not diminish his or her responsibility to obtain consent, and is not a defense to charges of violation of this policy. Because it may be difficult to discern whether a sexual partner is incapacitated, it is better to err on the side of caution and assume that your partner is incapacitated and unable to give consent to the sexual activity. In addition to alcohol or drugs, if a person’s mental, physical, or psychological disability (temporary or permanent) or age impairs his or her ability to make an informed decision to willingly engage in sexual activity, there is no consent. Examples include, but are not limited to, when an individual is incapacitated, scared, physically forced, intimidated, coerced, mentally or physically impaired, passed out, threatened, isolated, or confined.

4. Amnesty from Disciplinary Action for Students

UNM-Valencia’s primary concern is the safety of students, staff and faculty. While staff and faculty must report incidents of students experiencing sexual violence or misconduct, except as noted in Section 7, the University strongly encourages all members of the campus community to report instances of sexual violence or misconduct. The University grants amnesty to students who may have violated the Student Code of Conduct’s prohibition on the use or possession of alcohol or drugs at the same time he or she experienced sexual violence or misconduct. Therefore, no drug or alcohol-related charges under the Student Code of Conduct are applied to students who report that they were using drugs or alcohol at the time they experienced sexual violence or misconduct. Depending on the circumstances, the Director of Student Services Office may determine, on a case-by-case basis, that those who witnessed an instance of sexual violence or misconduct and who provide information regarding such instance may be granted the same amnesty. However, students should understand that any violation of state or federal criminal law involving the use or possession of alcohol or illegal drugs may result in prosecution, and UNM-Valencia cannot grant amnesty from proceedings in the criminal justice system. Decisions about prosecution are made by the District Attorney’s Office in the state criminal justice system and by the U.S. Attorney’s Office in the federal criminal justice system.

5. Off-Campus Conduct

Conduct that occurs off-campus can be the subject of a complaint or report and will be evaluated to determine whether it implicates this policy or the Student Code of Conduct. If off-campus sexual violence has continuing effects that create a hostile environment on campus for an individual who has experienced sexual violence or misconduct, the University may take interim measures and depending on the circumstances, will investigate the conduct.

6. Retaliation

It is a violation of Title IX and University policy to retaliate against any person who makes a complaint of sexual violence or misconduct or testifies, assists, or participates in an investigation or proceeding regarding an allegation of sexual violence or misconduct. Concerns that a student, staff, or faculty member has threatened to retaliate or has retaliated against another student, staff, or faculty member should be reported promptly to OEO. A staff, faculty member, or student who retaliates against a person who makes a complaint of sexual violence or misconduct, testifies, assists, or participates in an investigation or proceeding regarding an allegation of sexual violence or misconduct, or seeks assistance from OEO, may be subject to disciplinary action.

7. Disclosure of Information

The University encourages individuals who have experienced sexual violence or misconduct to get the support they need and the University can respond appropriately. UNM-Valencia recognizes that such individuals may want to speak with someone on campus before deciding whether to report the incident to the police or the Office of Equal Opportunity for investigation. Individuals who experience sexual violence or misconduct are strongly encouraged to understand the various reporting requirements of University entities in order to make the best decision for their circumstance. Whether or not anonymity is requested, information about sexual violence and misconduct will be treated confidentially and only be shared on a need-to-know basis, and as authorized under University policy and applicable federal and state law. As required by the federal Clery Act for statistical purposes, instances of sexual violence and misconduct reported to entities other than those identified below as “No Disclosure Required” must be reported to Campus Police, which is responsible for annually reporting crime statistics to the University community. Such reports to Campus Police do not include identities and are only comprised of the nature, date, time, and general location. These reports do not serve as an official police report and do not launch a criminal or administrative investigation; these reports are purely for statistical purposes to meet Clery Act obligations.

CARS and Off-Campus Resources

At UNM-Valencia, a student who experiences sexual violence or misconduct can speak to the Rape Crisis Center of Central New Mexico and the Sexual Assault Nurse Examiner (SANE) who provide their services to victims of sexual violence on a completely confidential basis. UNM-Valencia staff and faculty may speak confidentially with a licensed counselor at UNM Counseling and Referral Services (CARS) and no information will be disclosed to any entity. Other licensed medical professionals with UNM affiliation who receive information about instances of sexual violence or misconduct while serving in an established practitioner/patient relationship are not required to disclose information. Outside of UNM, the Rape Crisis Center of Central New Mexico and SANE provide their services to victims of sexual violence on a completely confidential basis.

No Anonymity Possible

All UNM-Valencia Faculty/Staff Not Previously Identified

Information about alleged sexual violence or misconduct that is shared by an individual with any University faculty or staff not previously identified is required to be reported to the Office of Equal Opportunity by law and UNM Policy. However, it is still the full choice of the individual who has experienced sexual violence or misconduct to make a report with Campus Police or to participate in an administrative investigation with OEO. UNM-Valencia faculty and staff receiving information about cases of sexual violence or misconduct involving students must report within 24 hours or as soon as reasonably possible what they have learned to OEO at 505.277.5251 or emailing oeounm@unm.edu. Reports made by faculty or staff to OEO will include the nature, date, time, location, as well as the identities of all involved parties. While faculty and staff must report this information to OEO, this information is still considered confidential and will only be shared by OEO with those who have a legitimate need-to-know and as authorized by University policy and applicable federal and state law.

Requests for Anonymity Within an Investigation or That No Investigation Occur

Please refer to Section 13 on “Investigation and Disciplinary Procedures” for information about requests for anonymity or that no investigation occur.

8. Rights of the Parties

During OEO’s investigation following a report of sexual violence or misconduct, and prior to a final determination being made, the reporting party (“complainant”) and responding party (“respondent”) have equal rights to be treated with respect, dignity, and sensitivity throughout the process; to information on how the college will protect their confidentiality; and to present evidence or other information they feel relevant to the matter. Once OEO’s investigation is complete and a final determination is made, the complainant and respondent have the equal right to notice of those findings and equal access to appeal those findings as described herein.

Complainants Shall Be Entitled to:

  • Be treated with respect, dignity, and sensitivity throughout the process.
  • Information on obtaining orders of protection and no contact orders.
  • Information on how the college will protect the confidentiality of the victim.
  • Notification of available services for mental health, victim advocacy, legal assistance, and other available community resources.
  • Be informed of the University’s sexual violence policies and procedures.
  • Written notification about their right to change academic, living, transportation, or work situations even if they do not formally report or participate in the University’s investigatory or disciplinary process.
  • Written notification of a student or employee’s rights and options, regardless of whether the crime took place on campus or off campus.
  • A timely and thorough investigation of the allegations.
  • Participate or decline to participate in the investigation or disciplinary process. However, these processes may still occur and decisions made based on the information available.
  • The same opportunity as the respondent to have others present at any meeting with University officials for support and/or consultation.
  • The same opportunity as the respondent to present and have others present evidence about alleged violations in investigatory and/or disciplinary proceedings.
  • Be notified, in writing of the outcome of any investigative, disciplinary, or appeals proceeding (victim is free to share the outcome with anyone they wish).
  • Appeal the decision and sanctions determined by the investigation and/or disciplinary proceedings.

Respondents Shall Be Entitled to:

  • Be treated with respect, dignity, and sensitivity throughout the process.
  • Information on how the college will protect the confidentiality of the respondent.
  • Notification of the how to access all available resources (i.e., counseling services, advocacy/support).
  • Be informed of the University's sexual violence policies and procedures.
  • Timely written notice of all alleged violations within the complaint.
  • A timely and thorough investigation of the allegations.
  • Participate or decline to participate in the investigation or disciplinary process. However, these processes may still occur and decisions made based on the information available.
  • The same opportunity as the complainant to have others present at any meeting with University officials for support and/or consultation.
  • The same opportunity as the complainant to present and have others present evidence about alleged violations in investigatory and/or disciplinary proceedings.
  • Be notified, in writing of the outcome of any investigative, disciplinary, or appeals proceeding (respondent is free to share the outcome with anyone).
  • Appeal the decision and sanctions determined by the investigation and/or disciplinary proceedings.
  • Be protected against retaliation for their involvement in university investigatory proceedings.

Following OEO’s investigation, the complainant and respondent have equal rights to seek a discretionary review of OEO’s determination through the Office of the President pursuant to Section 10 of UAP 3220 (“Embeds/Dispute Resolution Services for Staff”), and/or the Board of Regents pursuant to Regents’ Policy 1.5. Should the Director of Student Services Office take action based on the investigation’s findings, both parties will have equal rights to appeal the action pursuant to the Student Grievance Procedure in the UNM Pathfinder. In a grievance of the Director of Student Services Office’s decision, both parties will have equal access to the information upon which the findings are based, have an equal opportunity to present evidence and witnesses (subject to the limitations in the statement of complainant’s rights below), and will receive equal notification of the results of the procedure. Both parties also will have the equal right to appeal the results of the grievance of the Director of Student Services Office’s decision as provided in the Student Grievance Procedure in the UNM Pathfinder.

9. Resources Following an Act of Sexual Violence or Sexual Misconduct

While UNM-Valencia encourages an individual who has experienced sexual violence or misconduct to make an official report, whether the person chooses to do so, she or he is urged to seek appropriate help. There are numerous resources for students, staff, and faculty of UNM-Valencia. Specific resources, either on or off campus for medical treatment, legal evidence collection, obtaining information, support, and counseling, and officially reporting an incident of sexual violence or misconduct are listed below. Each resource can assist a person to access the full range of services available:

Medical and Legal Evidence CollectionSexual Assault Nurse Examiner (SANE) Phone: 505.884.7263 24-hour hotline, 24-hour free medical and forensic exams by trained nurses, emergency contraception, treatment for sexually transmitted infection, evidence collection, forensic photography, and follow-up services.

Medical and Counseling

CounselingRape Crisis Center of Central New Mexico Phone: 505.266.7711 Operates a 24-hour hotline and provides victim advocates and free counseling.

UNM Counseling and Referral Services (CARS) Phone: 505.272.6868 Free counseling services for eligible UNM-Valencia staff, faculty, and their spouses/domestic partners and retirees.

Law EnforcementUNM-Valencia Campus Police (505) 925.8570 (Diall 911 for emergencies) Officers will respond to and investigate sex crimes on the UNM-Valencia Campus, and will forward cases to the District Attorney’s Office as appropriate. If the sex crime occurred off-campus, Campus Police can assist an individual who has experienced sexual violence or misconduct in contacting the appropriate law enforcement agency to file a report.

Office of Equal Opportunity Phone: 505.277.5251 UNM’s Title IX Coordinator is the Director of the Office of Equal Opportunity. OEO investigates allegations of violations of UNM’s policy prohibiting sexual harassment.

Women’s Resource Center Phone: 505.277.3716 Offers programs on gender and sexuality issues. Staff also provides support to individuals who have experienced sexual violence or misconduct and provides mental health referrals for UNM-Valencia students.

Agora Crisis Center Phone: 505.277.3013 Volunteer trained peer counselors respond to phone calls on a 24/7 hotline and can refer callers to UNM and community resources.

10. Interim Measures

The Director of Student Services Office has the authority to implement interim measures, which stay in place until the end of any review or appeal process. The Director of Student Services Office can impose a “no contact” order, which typically directs the complainant and respondent not to have contact with each other, either in-person or through electronic communication, pending the investigation and resolution of a complaint. The Director of Student Services Office can arrange for changes in academic and/or on-campus living situations as needed. Other interim measures, as appropriate, can be implemented by the Director of Student Services Office before the final outcome of the investigation and afterwards as needed.

11. Procedures to Follow if Sexual Violence or Misconduct Happens to You

If you are in danger, dial 911, if you are on campus, you will be connected to the Valencia County Dispatch Center, which will dispatch the call to Campus Police. If you are off campus in Valencia County, you will be connected with the Appropriate law Enforcement Agency in your area. You may also want to call a trusted family member or a friend. Seek medical attention. If you have serious injuries, seek emergency medical attention at a hospital. In the Albuquerque area, you can contact SANE at 505.884.7263 for information about receiving a sexual assault examination.

You can also contact the Rape Crisis Center of Central New Mexico at 505.266.7711 or 1.888.881.8282. The Rape Crisis hotline is available 24 hours a day, 7 days a week, 365 days a year. An advocate from Rape Crisis Center will accompany you to a sexual assault examination at the office of the Sexual Assault Nurse Examiners.

It is important for individuals who have experienced sexual violence or misconduct, in particular sexual assault, to understand the steps to take to preserve evidence for possible use later to support a criminal case. All those who have experienced a crime have the right to report a crime to police at any time, regardless of when it occurred. However, the sooner you file a report of a sexual assault, the better the chances that helpful evidence can be collected to support a criminal case, that you will be able to convey a clear account of what happened, and that police will be able to identify and speak with witnesses. You may file a report of a sexual assault and/or receive a sexual assault medical examination immediately and then decide at a later date if you want to pursue filing criminal charges.

Campus Police encourages you to report any act of sexual violence or misconduct that takes place.

12. Educational Programs

UNM-Valencia recognizes the harm caused by sexual violence and misconduct and the need to educate the University community regarding these issues. The University offers the following educational programs:

Women’s Resource Center Phone: 505.277.3716 The Women’s Resource Center offers programs on gender and sexuality issues, including a gendered violence prevention program, women’s peer mentoring program, self-defense and awareness training, and bystander intervention education. Staff also provides support to individuals who have experienced sexual violence or misconduct and provides mental health referrals for UNM-Valencia students.

Director of Student Services Office Phone: 505.925.8560 The Director of Student Services Office coordinates new student orientation which includes programs addressing sexuality, relationships, and sexual violence and misconduct issues, including the definition of consent under this Sexual Violence Policy.

UNM-Valencia Police Department Phone: 505.925.8570 As requested by campus departments, offices, and student, staff, and faculty groups, the UNM-Valencia Police Department can conduct presentations that center on personal safety, including specific training on sexual violence and misconduct prevention.

UNM Office of Equal Opportunity Phone: 505.277.5251 OEO staff offer in-person training for departments on preventing and responding to sexual harassment, including sexual violence and misconduct. OEO also provides online training to all the University community on preventing sexual harassment and University policy.

13. Investigation and Disciplinary Procedures

The University of New Mexico's Student Code of Conduct and Visitor Code of Conduct, which apply to the Albuquerque campus and all branch campuses, prohibit any form of sexual violence or misconduct. The Student Code of Conduct and Visitor Code of Conduct describe the sanctioning options and procedures that may apply after an investigation pursuant to this section is complete should a finding be made that a student or visitor more likely than not violated this policy. The Student Code of Conduct and Visitor Code of Conduct can be found in the UNM Pathfinder, and are administered by the Director of Student Services Office.

Similarly, Regents’ Policy 2.5 (“Sexual Harassment”) and UAP 2730 (“Sexual Harassment”) prohibit all forms of sexual harassment. If, after an investigation pursuant to this section, a finding is made that a staff member violated this policy, disciplinary action may be issued pursuant to UAP 3215 (“Performance Management.”) All three policies are administered by the UNM Policy Office. All forms of sexual harassment are considered violations of the Faculty Handbook Policy C09 (“Respectful Campus.”) Under Policy C09, allegations of sexual harassment are processed pursuant to UAP 2730. If, after an investigation pursuant to this section, a finding is made that a faculty member committed any form of sexual harassment, including sexual violence or sexual misconduct, disciplinary action may be issued pursuant to Faculty Handbook Policy C07 (“Faculty Disciplinary Policy.”) The Faculty Handbook is administered by the Office of University Secretary.

A student who experiences an act of sexual violence or misconduct committed by a another UNM-Valencia student, staff or faculty member, or a visitor to the University, has the option of filing a complaint with UNM’s Office of Equal Opportunity. OEO is the University office that processes allegations of sexual harassment, sexual violence, and sexual misconduct pursuant to its Discrimination. While OEO’s Discrimination Claims Procedure includes mediation as an option for resolving discrimination complaints, mediation will not be employed to address a complaint of sexual violence. OEO investigators are trained in investigating allegations of sexual violence and misconduct.

Outside of UNM-Valencia, the Rape Crisis Center of Central New Mexico and SANE provide their services to individuals who have experienced sexual violence or misconduct on a confidential and anonymous basis. The victim’s identity will not be disclosed to police or to UNM-Valencia without the victim’s consent. Additional information about the Rape Crisis Center of Central New Mexico and SANE can be found in this policy under Section 9 on “Resources Following an Act of Sexual Violence."

If an individual reporting to a non-confidential UNM-Valencia entity (see Section 7) that he or she experienced sexual violence or misconduct (“complainant”) requests that his or her name not be revealed to the alleged perpetrator (“respondent,”) or asks the Title IX Coordinator not to investigate the allegations of sexual violence, the complainant will be informed that honoring the request may limit UNM-Valencia’s ability to fully process the allegations, including pursuing disciplinary action against the respondent. The University’s prohibition against retaliation will also be explained to the complainant. If the complainant still insists that his or her name not be disclosed to the respondent, or continues to ask the University not to investigate the allegations, the Title IX Coordinator will determine whether the University can honor the request while still providing a safe and nondiscriminatory working and learning environment for the complainant and others. The Title IX Coordinator will strive to abide by the complainant’s request. However, the Title IX Coordinator reserves the right to determine that it is essential to disclose the complainant’s identity and/or to investigate the allegations despite the complainant’s request not to in order for UNM-Valencia to fulfill its obligations under Title IX. In such cases, the Title IX Coordinator will inform the complainant prior to starting an investigation and will share information only with University officials who are responsible for processing the allegations in the complaint and therefore need to know that information.

In all cases, regardless of a complainant’s request for anonymity, the federal Clery Act requires that disclosure of crimes of sexual violence or misconduct that occur on the UNM-Valencia Campus and on other property the University has control over (as defined under the Clery Act) must be reported for statistical purposes to Campus Police, which is responsible for annually reporting crime statistics to the University community. However, such reports to Campus Police are for statistical purposes only and are not required to include the victim’s identity without his or her consent.

If the victim files a complaint with OEO and instructs it to investigate the allegations made, OEO will first make an assessment of whether it has jurisdiction to investigate the allegations made. If OEO does not have jurisdiction to investigate or otherwise process the allegations made, it will refer those issues to the appropriate body, if any. If it does have jurisdiction to investigate, as part of that investigation, OEO will make reasonable attempts to contact the respondent to notify him or her of the allegations made, his or her right to respond to the allegations made and present information he or she deems relevant to the matter, and OEO’s investigation procedure. If OEO is unable to contact the respondent or if the respondent elects not to provide a response to the allegations made or information pertinent to the matter, OEO will make its determination based on the information it is able to gather.

Once a complaint is filed, both the complainant and respondent have equal rights to present evidence to OEO during its investigation. Once its investigation is complete, OEO uses a preponderance of the evidence standard to evaluate the evidence and determine whether an act of sexual violence or misconduct occurred. The “preponderance of the evidence standard” means that, on evaluation of all of the evidence, it is more likely than not that the alleged act of sexual violence or misconduct occurred.

The evidence OEO gathers during its investigation will be maintained by OEO and kept confidential to the extent authorized by law and policy. Should a complainant or respondent appeal OEO’s determination or any sanctions issued by the Director of Student Services (as provided below), OEO may be required to release the evidence upon which its determination is based to the appealing party or the entity to which the appeal is made or both.

If, after investigation, OEO finds that it is more likely than not that a student or visitor committed an act of sexual violence or misconduct (a Determination of Probable Cause), OEO will refer the matter to the Director of Student Services Office to decide on the sanction to be imposed on the offender. If OEO makes a Determination of Probable Cause that a staff or faculty member committed an act of sexual violence or misconduct in violation of UNM policy, OEO will refer the matter to that individual’s chain of command to take appropriate action, including taking disciplinary action. Misconduct by staff and the imposition of disciplinary action is handled pursuant to UAP Policy 3215 (“Performance Management”), and faculty matters are addressed pursuant to the Faculty Handbook, specifically Policy B5 (“Separation from the University”) and Policy C07 (“Faculty Disciplinary Policy”). Appeals to the University President and the Board of Regents are addressed in Section VI of the Discrimination Claims Procedure. OEO does not make any determinations regarding whether a respondent has committed an act of sexual violence or misconduct in violation of criminal statute. Rather, such determinations are the sole jurisdiction of state and federal police and prosecutorial agencies.

In any disciplinary proceeding held by the Director of Student Services Office, both the accuser and the accused are allowed to bring an advisor, including an attorney advisor. However, such advisors are not authorized to speak on behalf of the individual they are advising. Rather, the accuser and accused must present their own case during the proceeding, and advisors’ participation is limited to advising the person they are advising. In addition, both the accuser and accused will be notified in writing of the decision on sanctions to the extent permitted by the federal Family Educational Rights and Privacy Act (FERPA), and both parties have the right to appeal the sanctions decision. More information about the disciplinary process used by the Director of Student Services Office can be found in the Student Grievance Procedure. Article 4.4 discusses allegations of sexual violence, sexual misconduct, and sexual harassment. Individuals who have experienced sexual violence or misconduct are encouraged to report the crime to the appropriate law enforcement authority. The Director of Student Services Office is available to meet with a student to discuss and help implement interim measures, including academic adjustments, changes in on-campus living situations, issuance of “no contact” orders and other measures as needed. Interim measures may also be provided for staff or faculty who experience sexual violence or misconduct, as directed by the appropriate supervisory authority.

Under the University's Student Code of Conduct, which applies to the Main Campus and all of the branch campuses, a student who commits a violation of this Code, including an act of sexual violence or misconduct, is subject to the following possible sanctions:

Verbal warning: an oral reprimand. Written warning: a written reprimand. Disciplinary probation: the establishment of a time period during which further acts of misconduct may or will result in more severe disciplinary sanctions depending upon the conditions of the probation. Conditions of probation can include community service, attendance at workshops and/or seminars regarding subjects including but not limited to alcohol, drug or safety workshops and/or seminars, mandatory mental health evaluation and/or counseling or other educational sanctions. 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. 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. Dismissal: termination of student employment, either for a stated time period or indefinitely. Barred from campus: being barred from all or designated portions of the University property or activities.

Under the University's Visitor Code of Conduct, which applies to the Albuquerque and all branch campuses, a visitor who commits a violation of this Code, including a sex offense, is subject to the following possible sanctions:

Verbal Warning: an oral reprimand. Written Warning: a written reprimand. Probation: the establishment of a time period during which further acts of misconduct may or will result in more severe sanctions depending on the conditions of the probation. Removal from campus: being physically escorted or forcibly removed to a location off property owned or controlled by the University, by University Police Officers or other University agents. Barred from campus: being barred from all or designated portions of University property or activities. The sanctions of denial of admission, readmission or employment by the University. Additionally or alternatively, any sanction applicable to a student under the Student Code of Conduct may be provisionally applied to a visitor, to be made effective should the visitor ever enroll or re-enroll at the University.

Faculty who are found to be in violation of this policy may be subject to disciplinary action as provided in the Faculty Handbook Policy C07 (“Faculty Disciplinary Policy”). Staff who are found to be in violation of this policy may be subject to disciplinary action as provided in UAP 3215 (“Performance Management”). Investigation and Disciplinary Action

OEO reviews report to determine jurisdiction. OEO meets with reporting party (referred to as “complainant”) and responding party (referred to as “respondent”) to determine scope of investigation and explain procedure. OEO gathers evidence from parties, analyzes to determine if it demonstrates that a violation of University policy more likely than not occurred (referred to as the “preponderance of the evidence” standard). OEO issues a Preliminary Letter of Determination (PLOD) finding that there is either probable cause or no probable cause that a violation of University policy occurred. Complainant and respondent have two weeks to submit any new information that OEO has not considered or previously seen. OEO issues a Final Letter of Determination (FLOD) either upholding the finding in the PLOD or altering it based on new information submitted.

Either party has two weeks to seek a discretionary review of the FLOD from the Office of the President.

Disciplinary Action

OEO forwards the matter to the Student Conduct Officer and/or Student Conduct Committee at the Director of Student Services Office to determine what, if any, sanction to be imposed. At either parties election or when referred by the Student Conduct Officer, Student Conduct Committee will hold a formal hearing regarding discipline imposed or lack thereof. Student Conduct Committee issues a formal decision on discipline imposed. Either party has seven working days to appeal certain types of disciplinary action to the Director of Student Services or Vice President of Student Affairs depending on hearing option used and sanction given.

14. UNM-Valencia Campus Information

UNM-Valencia follows The University of New Mexico’s Student Code of Conduct and Visitor Code of Conduct. As such the Valencia Campus prohibits any act of sexual violence or misconduct and encourage a student who experiences sexual violence or misconduct on campus or at a University sponsored or sanctioned activity to contact Campus Police or the Valencia County Sherriff’s Department at 505.866.2640. If it is an emergency, call 911. UNM-Valencia campus students can submit complaints alleging sexual violence or misconduct committed by another student, staff or faculty member or third party to UNM’s Title IX Coordinator. Please refer to Section 7 of this policy for information on Confidential Reporting Sources and persons obligated to report allegations of sexual violence or misconduct.

A student seeking assistance with changes to their academic situation because of experiencing sexual violence or misconduct should contact the Student Services Office at 505.925.8560.

Community Resources:

Rape Crisis Center of Central New Mexico Phone: 505.266.7711

Provide advocate to accompany victim to Sexual Abuse Nurse Examiners medical and forensic examination, free counseling and 24 hour a day crisis telephone service with counselors available to provide immediate assistance to individuals who have experienced sexual violence or misconduct.

15. New Mexico Definitions of Violence Against Women Act Crimes Stalking – NMSA 1978, § 30-3A-1et seq., “Harassment and Stalking Act”

Harassment knowingly pursuing a pattern of conduct that is intended to annoy, seriously alarm or terrorize another person and that serves no lawful purpose. The conduct must be such that it would cause a reasonable person to suffer substantial emotional distress.

Stalking knowingly pursuing a pattern of conduct, without lawful authority, directed at a specific individual when the person intends that the pattern of conduct would place the individual in reasonable apprehension of death, bodily harm, sexual assault, confinement, or restraint of the individual or another individual. A “pattern of conduct” means two or more acts, on more than one occasion.

Aggravated stalking consists of stalking perpetrated by a person:

Who knowingly violates a permanent or temporary order of protection issued by a court, except that mutual violations of such orders may constitute a defense to aggravated stalking; in violation of a court order setting conditions of release and bond; when the person is in possession of a deadly weapon; or when the victim is less than sixteen years of age.

Domestic Violence – NMSA 1978, § 30-3-10, et seq., “Crimes Against Household Members Act” (includes dating violence)

Domestic violence consists of assault or battery of:

A spouse or former spouse, or Parent, step-parent, in-law, grandparent, grandparent in- law, co-parent of a child, or a person with whom a person has had a continuing personal relationship. “Continuing personal relationship” means a dating or intimate relationship. Cohabitation is not necessary to be deemed a household member for purposes of the Crimes Against Household Members Act.

Assault against a household member means:

An attempt to commit a battery against a household member; or Any unlawful act, threat or menacing conduct that causes a household member to reasonably believe they are in danger of receiving an immediate battery.

Aggravated assault against a household member means:

Unlawfully assaulting or striking a household member with a deadly weapon; or Willfully and intentionally assaulting a household member with intent to commit any felony.

Assault against a household member with intent to commit a violent felony means:

any person assaulting a household member with intent to kill or commit any murder, mayhem, criminal sexual penetration in the first, second, or third degree, robbery, kidnapping, false imprisonment, or burglary.

Battery against a household member consists of:

the unlawful, intentional touching or application of force against a household member when done in a rude, insolent, or angry manner.

Aggravated battery against a household member consists of:

the unlawful touching or application of force against a household member with intent to injure that person or another.

Sexual Assault – Criminal Sexual Penetration (NMSA 1978, § 30-9-11), Criminal Sexual Contact (NMSA 1978, § 30-9-12), and Criminal Sexual Contact with a Minor (NMSA 1978, § 30-9-13)

“Criminal sexual penetration” is the unlawful and intentional causing of a person to engage in sexual intercourse, cunnilingus, fellatio, or anal intercourse or the causing of penetration, to any extent and with any object, or the genital or anal openings of another, whether or not there is any emission.

Criminal sexual penetration is a felony crime; the degree of the felony (first degree through fourth degree) depends on the age of the victim and the force or coercion used by the perpetrator. “Force or coercion” is defined in NMSA 1978, § 30-9-10(A) and means: The use of physical force or physical violence; The use of threats to use physical force or violence against the victim or another; The use of threats, including threats of physical punishment, kidnapping, extortion, or retaliation directed against the victim or another; or Committing a criminal sexual penetration or criminal sexual contact when the perpetrator knows or has reason to know that the victim is unconscious, asleep, or otherwise physically helpless or suffers from a mental condition that renders the victim incapable of understanding the nature or consequences of the act.

“Criminal sexual contact” is the unlawful and intentional touching of or application of force, without consent, to the unclothed intimate parts of another who has reached his eighteenth birthday, or intentionally causing another who has reached his eighteenth birthday to touch one’s intimate parts. “Intimate parts” means the primary genital area, groin, buttocks, anus, or breast.

Criminal sexual contact is a felony crime if perpetrated by the use of force or coercion that results in personal injury to the victim, or if the perpetrator is aided or abetted by others, or when the perpetrator is armed with a deadly weapon.

Criminal sexual contact is a misdemeanor crime when perpetrated with the use of force or coercion.

“Criminal sexual contact with a minor” is the unlawful and intentional touching of or application of force to the intimate parts of a minor or the unlawful and intentional causing of a minor to touch one’s intimate parts. “Intimate parts” means the primary genital area, groin, buttocks, anus, or breast. A “minor” is a person eighteen years of age or younger.

16. Consent

In New Mexico, the absence of consent is not an element of the crime of criminal sexual penetration. What this means that a prosecutor does not have to prove beyond a reasonable doubt that sexual intercourse took place without the victim’s consent in order to convict the defendant of criminal sexual penetration. A defendant can, however, claim as a defense to a charge of criminal sexual penetration that the accuser consented to the sexual act. Consent may be used to negate the element that “force or coercion” was used by the accused. Consent is what is known as an affirmative defense to a charge of criminal sexual penetration because if the accuser consented, the sexual act would not have been unlawful. The University of New Mexico has adopted a definition of consent in this policy (see Section 3).

Footnotes:

The Violence Against Women Act (VAWA) is a federal law originally passed in 1994 and reauthorized several times by Congress, most recently in 2013.

Except as required by law and their professional licensure requirements, such as reporting imminent danger.

Under certain circumstances, the allegations made may indicate that a continuing threat to the general public may be present. Under those circumstances, UNM-Valencia may be obligated to forward the allegations to the appropriate agency for investigation and/or prosecution.