Student Grievance Procedure
Fall 2017 - Subject to Change Without Notice
Civil Rights grievances - Policies 2720, 2730, & 2740 procedures will be utilized
ARTICLE 1. INTRODUCTION
1.1. General
The UNM Student Grievance Procedure is intended to provide Procedures for the resolution of disputes of an academic nature between students and University faculty, as well as Procedures for handling student disciplinary matters. The following categories of disputes or disciplinary matters are provided for in the articles indicated. Any question about these Procedures should be directed to the Office of the Director. Student Affairs.
1.2. Academic Disputes
Disputes arising within the academic process shall follow the Procedures set forth in Article 2, unless they involve allegations of academic dishonesty which are handled under Article 3.
1.3. Disciplinary Matters
Disciplinary proceedings brought against students, other than allegations of academic dishonesty, shall be handled under the Procedures set forth in Articles 4, 5, 6 and 7.
1.4. Academic Record Disputes
Students seeking retroactive withdrawal, enrollment, or disenrollment or for other academic record changes, shall follow the Procedures set forth in Article 8.
1.5. Branch Campuses
Student grievances or disciplinary matters arising on the branch campuses shall be handled under the Student Grievance Procedures and Student Disciplinary Procedures in effect on those campuses. Branch campuses may elect to follow this Student Grievance Procedure, as modified to identify the decision-makers at the branch campus, as UNM Valencia has chosen to do.
1.6. Chartered Student Organizations
As provided for in UNM's Chartered Student Organization Policy, allegations that a Chartered Student Organization has, through its members and/or officers, violated the Student Code of Conduct or otherwise failed to meet its responsibilities as a Chartered Student Organization will be addressed by the Director, Student Affairs Office under this Student Grievance Procedure.
1.7. Discrimination Allegations
"Discrimination" is defined as including unlawful discrimination based on age (40 and over), ancestry/national origin, color/race, gender identity, medical condition, mental/physical disability, religion, sex/sexual harassment/sexual misconduct/sexual violence, sexual orientation, spousal affiliation, veteran status and any other protected class. For purposes of this Procedure, "discrimination" also includes retaliation for having made allegations of discrimination, having participated in an investigation into allegations of discrimination, or otherwise having engaged in opposition to unlawful discrimination. Grievances alleging discrimination as defined herein should be directed to the UNM Office of Equal Opportunity (OEO), which is tasked with investigating allegations of discrimination and determining whether anti-discrimination policy has been violated. If OEO determines that a student has violated UNM anti-discrimination policy, disciplinary proceedings shall be handled under the Procedures set forth in Article 4.4.
1.8. Other Matters Not Included Under These Procedures
A. Disputes involving access to or information in a student's educational records shall follow Procedures set forth in the UNM Student Records Policy, published in the student handbook, The Pathfinder.
B. Grievances arising out of a student's status as a University employee hired through the Student Employment Office shall follow procedures set forth in the UNM Student Employee Grievance Procedure, published in the student hand book, The Pathfinder.
C. Any student grievances concerning decisions made by University personnel, outside the academic process, for which specific procedures are not established, shall be resolved between the student and the office or department involved. If no resolution is reached, the parties may appeal to the appropriate Dean or Director and then to the CEO. Appeals should be filed in writing within one week of the decision.
D. Disputes transferred, referred, or appealed to the Student Affairs Committee pursuant to other official UNM procedures shall be heard by the Committee under the applicable articles of this procedure.
1.9. Reasonable deviations from these procedures by UNM will not invalidate a decision or proceeding unless significant prejudice results.
1.10. Visitors to the UNM campus are subject to the Visitor Code of Conduct. Visitors may be banned from the entire campus, or a portion of the campus, on an emergency basis under Article 4.3 herein. Visitors will normally be given the opportunity to meet with the Director, Student Affairs to discuss alleged violations of the Visitor Code of Conduct prior to a decision concerning the visitor's final status on campus. Decisions of the Director, Student Affairs regarding visitors to campus are final for the University.
ARTICLE 2. ACADEMIC DISPUTES
2.1. Scope
This article sets forth the procedures which should be followed by a student who believes that he or she has been unfairly or improperly treated by a faculty member or academic program/department in connection with the academic process. For example, it applies to disputes over assignment of grades, decisions about program or degree requirements or eligibility, or claims that course requirements are unfair.
2.2. Informal Resolution
A. The student should first try to resolve the grievance informally by discussing the grievance with the faculty member as soon as reasonably possible after the student becomes or should become aware of the matter. If the student and faculty member cannot reach agreement, the student should discuss the grievance with the chairperson or supervisor of the department or division. If the grievance is still not resolved, the student should discuss the grievance with the Dean of Instruction.
B. In these informal discussions, the chairperson, supervisor, or Dean is encouraged to mediate the dispute actively. In particular, he or she should talk to both the student and the faculty member, separately or together, and should examine any relevant evidence, including any written statements the parties wish to submit.
C. These informal discussions shall be completed within four weeks after the student becomes or should become aware of the matter.
2.3. Formal Appeals of Academic Matters
If the informal discussions do not resolve the grievance, the student may bring a formal appeal using the procedures set forth in the following articles. This appeal process shall begin within two weeks following the informal discussions.
A. The student shall make a written complaint to the Dean, as defined in Article 2.2.A.
B. The complaint shall describe the grievance, including a statement of what happened, and the student's reasons for challenging the action or decision. The complaint shall also describe the student's attempts to resolve the grievance informally. The student may attach copies of any relevant documents. The student shall send a copy of the complaint to the faculty member and his or her chairperson. The faculty member shall have two weeks from the receipt of the complaint to respond in writing to the Dean. A copy of the faculty member's response shall be provided to the student, consistent with the federal Family Educational Rights and Privacy Act (FERPA).
C. In deciding the appeal, the Dean shall receive and review any written evidence or statements submitted by the parties, and shall provide both parties the opportunity to review and respond to all evidence. The Dean shall interview each party and may interview other persons with relevant information. At his or her discretion, the Dean may decide to hold an informal hearing involving both parties and any witnesses. Where the dispute primarily concerns factual questions, rather than matters of academic judgment, the Dean should normally hold such a hearing. If a hearing is to be held, the Dean will give the parties no less than five working days' notice. The student and/or faculty member shall be allowed to bring an advisor to the hearing, but legal counsel shall not be permitted. Cross-examination of witnesses shall be permitted, but the Dean may require that questions be directed through the Dean.
D. The Dean at his or her discretion may convene an advisory committee to hold a hearing or otherwise help him or her evaluate the dispute. For this purpose the Dean may utilize a standing committee appointed (Student Affairs Committee).
E. The Dean shall issue a written decision explaining his or her findings, conclusions, and reasons for the decision. The decision shall be sent to each party, and to the faculty member's chair. The decision shall be made within three weeks after the complaint is filed, unless an informal hearing is held, in which case the decision shall be made within four weeks.
F. Either party may appeal the Dean's decision within two weeks of receipt of the decision to the Campus Chief Executive Officer (CEO). The CEO or his or her designee shall resolve the grievance utilizing any procedures available to the Dean set out above.
G. The Chairperson, Dean, and/or CEO shall not overrule a faculty member's academic judgment.
H. The CEO at his or her discretion may refer the matter to the Faculty Ethics and Advisory Committee for consideration of disciplinary action against the faculty member involved, if such action appears warranted.
ARTICLE 3. ACADEMIC DISHONESTY
3.1. Scope
This article sets forth procedures which shall be followed in cases of suspected academic dishonesty. These procedures are not exclusive; various Campus departments and programs may have additional policies and procedures on academic dishonesty. Academic dishonesty is defined in the Policy on Academic Dishonesty, as published in the student handbook, The Pathfinder.
3.2. Academic Dishonesty within Courses: Faculty-Imposed Sanctions
A. When a violation of the academic dishonesty rules appears to have occurred within the academic process, the faculty member shall discuss the apparent violation with the student as soon as possible and give the student an opportunity to explain. After this discussion, the faculty member may impose an appropriate sanction within the scope of the academic activity, such as grade reduction and/or involuntary withdrawal from the course. The faculty member shall notify the student of the academic sanction. The faculty member should contact the Director, Student Affairs Office to see if there are any prior incidents of academic dishonesty on file for that student.
B. The faculty member should report the matter in writing to the Director, Student Affairs Office by submitting written documentation describing the events and indicate if he/she wishes the Director, Student Affairs Office to pursue any additional disciplinary action against the student. A copy of such report shall be sent by the Director, Student Affairs Office to the student.
C. The student may challenge a faculty-imposed sanction through the formal academic appeals process, set forth in Article 2. The student may appeal the decision of the Dean to the CEO, as provided in Article 2.3.F.
3.3. Academic Dishonesty in Other Settings
When academic dishonesty occurs other than in connection with a course, the person who observes or discovers the apparent violation shall transmit in writing to the Director, Student Affairs a statement describing the occurrence. A copy shall be sent to the student. The Director, Student Affairs shall determine the sanction following the procedures set forth in Article 3.4.
3.4. Sanctions Imposed by the Director, Student Affairs
Upon receiving a report of academic dishonesty from a faculty member pursuant to Article 3.2.B, or from other University staff pursuant to Article 3.3, the Director Student Affairs may, after considering the recommendation of the faculty member, if any, initiate additional disciplinary action in accordance with this Student Grievance Procedure. A decision of either the Student Affairs Committee or the Director, Student Affairs shall, however, be appealable to the CEO.
ARTICLE 4. DISCIPLINARY PROCESS
4.1. Prohibited Conduct
The University may take disciplinary action against a student for a violation of the Student Code of Conduct when the offense occurs on University premises or at a University-sponsored event, or when the violation occurs off campus and failure to take disciplinary action is likely to interfere with the educational process or the orderly operation of the University, or endanger the health, safety or welfare of the University community or any individual student or employee. The term "student" includes both full-time and part-time students, pursuing undergraduate, certificate, or Adult Basic Education. Student status continues for the entire period of enrollment, including University holidays, class breaks and summer session, if the student is enrolled for the preceding spring and following fall academic terms.
The University may take disciplinary action for a violation of the Visitor Code of Conduct when the offense occurs on University premises, as part of a University sponsored event or in connection with University activities. "Visitor" means a person who is not a student, a University employee or a member of the Board of Regents.
4.2. Referral of Misconduct to the Director, Student Affairs Office
A. Except as provided in Article 4.2(B) below, allegations of misconduct in violation of the Student Code of Conduct must be in writing and submitted to the Director, Student Affairs Office which has primary authority to deal with disciplinary matters.
Complaints of alleged misconduct should be submitted as soon as possible after the event takes place, preferably within sixty (60) days. Absent just cause, complaints must be submitted within one year following discovery of the suspected misconduct.
B. As set forth in Article 1.8, disciplinary matters involving allegations of discrimination as defined in that Article and Article 4.4 herein, including but not limited to allegations of sex discrimination/harassment/misconduct/violence, are addressed under Article 4.4.
C. Upon referral, or upon his or her own initiative, the Student Conduct Officer (Director, Student Affairs) may review relevant evidence and consult with the person referring the allegation, the student accused, and any witnesses. The Student Conduct Officer will send written notification to the accused student indicating the nature of the activity in which the student was allegedly involved, and what University rules were allegedly violated. The student will be given the opportunity to meet with the Student Conduct Officer to review the options for resolving the charges. If the student fails to attend the meeting, the Student Conduct Officer may decide the charges based upon the information available and/or place a hold on the student's registration. The accused student will also be offered one or more of the following options to resolve the charges; however, the Student Conduct Officer is authorized to refer the charges for a formal hearing before the Student Affairs Committee even if the student does not elect a formal hearing. If a student fails to select a hearing process, the Student Conduct Officer will decide which hearing process will be followed. The options for resolving the charges are:
i. Mediation: This option is reserved for situations where all relevant parties in an incident agree to have a conflict resolved through mediation and sign an agreement to mediate. If all parties agree to this process and mediation is successful, a formal finding will not be issued with regard to the Student Code of Conduct charges. However, failure to fulfill the terms of a final mediation agreement could lead to reactivation of these charges and additional disciplinary action. Mediation will not be used to resolve complaints alleging sexual violence.
ii. Informal Disposition Conference: The accused student and Student Conduct Officer will meet informally to discuss the alleged violation(s ). If the substantive facts and sanction can be agreed upon, a disciplinary action agreement will be prepared by the Student Conduct Officer and signed by the accused student. A signed disciplinary action agreement will constitute a waiver by the student of the right to an administrative hearing or formal hearing as well as any appeal, and an acceptance of the findings and sanction.
iii. Administrative Hearing with the Student Conduct Officer: This option allows the accused student to present evidence to the Student Conduct Officer for consideration and suggest witnesses that the Student Conduct Officer may consider interviewing before a decision is rendered. The Student Conduct Officer may contact other individuals who have knowledge about the incident giving rise to the charges.
The party waives the right to question such individuals or otherwise participate in an evidentiary hearing. Administrative Hearings are not tape recorded. Within three weeks of the completion of all witness interviews, the Student Conduct Officer will send the party charged a letter which indicates the finding in the case and any disciplinary sanction imposed. The Student Conduct Officer may find the party charged not responsible for violating the Student Code of Conduct, or may find the party responsible and impose a disciplinary sanction in accordance with Article 4 of the Student Code of Conduct.
iv. Formal Hearing with the Student Affairs Committee: This option allows the accused student to respond to the charges, present witnesses on his or her own behalf and question witnesses. Formal hearings are tape-recorded. Within three weeks of the conclusion of the hearing, the Student Affairs Committee will send the party charged a letter which indicates the finding in the case and any disciplinary sanction imposed. The Student Affairs Committee may find the party charged not responsible for violating the Student Code of Conduct, or may find the party responsible and impose a disciplinary sanction in accordance with Article 4 of the Student Code of Conduct. A formal hearing with the Student Affairs Committee is conducted in accordance with the procedures outlined in Articles 5 and 6.
D. When a case involves Student Code of Conduct charges against more than one party, the Student Conduct Officer will determine whether to hold one hearing to resolve charges against all parties or hold separate hearings for each accused student.
E. A student allegedly committing a criminal offense under state or federal law that is also a violation of the Student Code of Conduct may be subject to University disciplinary proceedings. The University may pursue disciplinary action against a student at the same time the student is facing criminal charges for the same offense, even if the criminal prosecution is pending. The University may also pursue disciplinary action even if criminal charges were dismissed, reduced or resolved in favor of the student-defendant.
F. Unless otherwise specified in the decision, sanctions issued by the Student Conduct Officer (not including an Emergency Suspension as outlined in Article 4.3) or by the Student Affairs Committee shall not be implemented until the appeal process as set forth under Article 7 is completed.
G. The standard of proof utilized to resolve Student and Visitor Code of Conduct charges shall be that of preponderance of the evidence, meaning that the evidence, considered in its entirety, indicates that, more likely than not, the accused student (or chartered student organization or visitor) violated the Code of Conduct.
H. The party who is charged with violating the Code of Conduct is responsible for presenting his or her case; advisors are therefore not permitted to speak or to participate directly in any conference or hearing.
I. Upon written request, the University of New Mexico will disclose to the individual who alleges that they were subjected to a crime of violence or a nonforcible sex offense the final results of the disciplinary proceedings conducted by the University of New Mexico issued to the student who is the alleged perpetrator of the offense(s) alleged. If the individual who is alleged to have been subjected to the crime of violence or nonforcible sex offense at issue is deceased as a result of such offense(s), the next of kin of such individual shall be treated that individual for the purpose of disclosing the final result of the disciplinary proceedings.
Additionally, in cases of Sexual Violence as described in Article 7.7(C), the respondent and inquiring parties have the right to be notified in writing of the final determination and any sanctions imposed to the extent permitted by the federal Family Educational Rights and Privacy Act (FERPA).
J. Decisions by the Student Conduct Officer or Student Affairs Committee, in most cases, will be rendered within sixty (60) days of the filing of a complaint. This date can be modified at the discretion of the Student Conduct Officer if deemed necessary, such as to conduct a hearing that protects the rights of all parties.
4.3. Emergency Suspension and Banning from Campus
A. The Director, Student Affairs may immediately suspend a student (or chartered student organization) and/or ban a student or visitor if the Director concludes that the person's continued presence on the campus may endanger persons or property or may threaten disruption of the academic process or other campus functions.
B. When a person has been immediately suspended or banned by the Director, Student Affairs under this article, the person may request to meet with the CEO to consider whether the emergency suspension should be continued. The meeting shall be held as soon as possible (no later than one week) after the request. The CEO shall give the person an opportunity to explain his or her position and shall receive evidence or hear from witnesses with pertinent information, if requested by the person. In the case of a chartered student organization, the CEO will meet, if requested, with the organization's president or other designated officer.
C. After the meeting, if the CEO finds that the person's continued presence may endanger persons or property or threaten disruption of the academic process or other campus functions, the CEO shall continue the suspension and/or ban. Otherwise, the emergency suspension and/or ban shall be revoked or modified.
D. For students and chartered student organizations, an emergency suspension or banning does not end the disciplinary process. Resolution of the charges will proceed as set forth in Article 4.2 (B) herein. For visitors, the Director, Student Affairs will decide whether to maintain an emergency ban and make it permanent, or modify or end the emergency ban, ordinarily after giving the visitor an opportunity to meet. The decision of the Director, Student Affairs concerning a visitor is final for the University.
4.4. Investigation of Complaints of Discrimination, Including Allegations of Sex Discrimination, Sexual Harassment, Sexual Misconduct, and Sexual Violence
A. Definitions - the following definitions apply to Article 4.4 of this Student Grievance Procedure:
i. "Discrimination" includes all forms of unlawful discrimination based on an individual's or group's protected class(es), including age (40 and over), ancestry/national origin, color/race, gender identity, medical condition, mental/physical disability, religion, sex/gender, sexual orientation, spousal affiliation, veteran status, and any other protected class as described in University Administrative Policy #2720; acts of sexual harassment as described in University Administrative Policy #2730; and acts of sexual harassment, sexual misconduct, and sexual violence as described in University Administrative Policy #2740. For purposes of this Procedure, "discrimination" also includes retaliation for having made allegations of discrimination, having participated in an investigation into allegations of discrimination, or otherwise having engaged in opposition to unlawful discrimination. Retaliation is explicitly prohibited under University Administrative Policies #2720, 2730, and 2740.
ii. "Complaint" refers to allegations of prohibited discrimination as defined herein filed with the University's Office of Equal Opportunity.
iii. "Complainant" refers to the individual alleging that they have experienced discrimination as defined herein.
iv. "Accused student" refers to the individual accused by the complainant of having violated University policy prohibiting discrimination as defined herein.
v. "The Office of Equal Opportunity" or "OEO" is the University office that processes allegations of discrimination as defined herein, including but not limited to investigating such allegations and making determinations as to whether or not the University's policies prohibiting discrimination have been violated. OEO does not issue sanctions for violations of policy.
vi. "Probable Cause" means that the evidence submitted during the OEO investigation supports a finding that it is more likely than not that the acts alleged are in violation of University policy prohibiting discrimination.
vii. "No Probable Cause" means that the evidence submitted during the OEO investigation does not support a finding that it is more likely than not that the acts alleged are in violation of University policy prohibiting discrimination.
B. Allegation (s) that a student has engaged in an act of discrimination will be referred to OEO for investigation pursuant to OEO's Discrimination Claims Procedure. If it accepts the matter for investigation, OEO will issue a Final Letter of Determination at the conclusion of that investigation finding either No Probable Cause or Probable Cause that the accused student has committed an act in violation of the University's prohibitions against discrimination as defined herein. The accused student and complainant have the right to appeal OEO's Final Letter of Determination as provided for in OEO's Discrimination Claims Procedure, which describes the sole method of appealing a determination made by OEO. Nothing in this Grievance Procedure provides an avenue to appeal OEO's final determination of an alleged policy violation.
C. If Probable Cause is found that a student committed an act of discrimination in violation of University policy, OEO will refer the matter to the Director, Student Affairs Office to determine the sanction to be imposed. Sanctions should be designed to eliminate the misconduct, prevent its recurrence, and remedy its effects, while supporting the University's educational mission and obligations under University policy and state and federal law, including but not limited to Title IX of the Education Amendments of 1972, the Civil Rights Act of 1964, and the New Mexico Human Rights Act. Ordinarily, after consulting with the accused student, the Student Conduct Officer will decide which of the options set forth in Article 4.2(B) (iii) and (iv) herein will be utilized to determine the sanction. The options of an administrative hearing with the Student Conduct Officer and the formal hearing with the Student Affairs Committee will be modified as appropriate so as to focus solely on determining what sanction(s) to impose. The options of mediation and informal disposition described in Article 4.2(B) (i) and (ii) respectively are not available when the accused student has been found to have engaged in prohibited discrimination in violation of University policy.
D. The decision on sanctions made by either the Student Conduct Officer or Student Affairs Committee may be appealed as provided for by Article 7.3 herein, except that the only permissible grounds for appeal is that there was significant procedural error in the sanctioning process of a nature sufficient to have materially affected the outcome of the sanction decision, and/or the severity of the sanction is grossly disproportionate to the violation(s) of University policy that OEO found to have been committed. Both the accused student and the complainant may appeal the sanction decision. Neither the accused student nor the complainant may appeal the findings and determination made by OEO in the Article 7 appeals process.
E. If OEO finds No Probable Cause that a student committed an act in violation of the University's prohibition against discrimination, OEO will refer the matter to the Director, Student Affairs Office for review to determine whether charges under any other provisions of the UNM Student Code of Conduct or University policy are warranted or other action should be taken.
ARTICLE 5. STUDENT AFFAIRS COMMITTEE
5.1. Jurisdiction
The Student Affairs Committee will hold a hearing when a party chooses the hearing option of a formal hearing before the Committee or when the Director, Student Affairsr refers the matter to the Committee.
5.2. Composition
A. The Student Affairs Committee will consist of five members, ordinarily including one student, two faculty members and two staff members, and academic advisor and a representative from Financial Aid (both ex officio), with the Director, Student Affairs serving as an additional, nonvoting member and Chair of the Student Affairs Committee. The student, faculty and staff members of a Student Affairs Committee are assigned at the beginning of each Academic Year.
B. Students may not serve on hearing panels in cases involving allegations of sexual harassment, sexual violence, or sexual assault as described in University Administrative Policy #2740. In such cases, the Student Affairs Committee will be comprised of a mixed-gender three-person committee, all of whom have received appropriate Title IX training.
C. No one may serve on the Student Affairs Committee who has a conflict of interest or bias with respect to the case to be heard such that he or she cannot hear the case fairly and impartially, however, prior knowledge of the parties in the case or of the conduct that is the subject of the case does not itself constitute a conflict of interest or bias. Allegations that a member of the Committee has a conflict of interest or is biased shall be reviewed by the Director, Student Affairs, whose decision is final.
D. A party charged may be found responsible for violating the Code of Conduct by a majority vote of the Student Affairs Committee.
5.3 Investigation Report
The Student Conduct Officer will prepare an Investigation Report for the Student Affairs Committee. The Student Conduct Officer typically conducts interviews with the complainant, the accused student and any third-party witnesses; visits and takes photographs at relevant sites if appropriate; and gathers other relevant evidence.
The Investigation Report includes, among other things, summaries of interviews with the complainant, the accused student and any third party witnesses; photographs of the relevant site(s); other relevant evidence; and a detailed written analysis of the events in question. The Investigation Report will be provided to the Student Affairs Committee, the complainant and the accused student.
In cases involving allegations of discrimination as defined in Article 4.4 herein, the Final Letter of Determination issued by OEO will substitute for the Student Conduct Officer's Investigation Report. In such cases, the Student Affairs Committee may not consider the propriety of OEO's determination; rather, the Committee will be limited to determining what, if any, sanction will be imposed for the violation of policy as determined by OEO in the Final Letter of Determination. The Committee is limited to making its sanctioning determination based on the circumstances and the evidence presented to it by the parties and witnesses at the hearing.
ARTICLE 6. HEARING PROCEDURE
The following rules shall apply to formal hearings conducted by Student Affairs Committee:
6.1. The hearing shall be closed, unless the Director, Student Affairs decides to let others attend if he or she deems that their presence may be helpful to the review and determination of the charges, or if there are other compelling reasons for their presence.
6.2. The accused student, the complainant and their advisors, if any, shall be allowed to attend the entire portion of the hearing at which information is received (excluding deliberations).
6.3. The accused student and the complainant may each have an advisor (including an attorney) attend the hearing. The role of the advisor is to provide his or her advisee with support and counsel regarding the process. The advisor (including an attorney advisor) cannot act as a representative of his or her advisee, cannot have a voice in the hearing and therefore is not permitted to present arguments or evidence or otherwise participate directly in the hearing.
6.4. Student Affairs Committee members may question the accused student, the complainant and any witnesses.
6.5. The accused student has the right, within reasonable limits set by the Director, Student Affairs, to question all witnesses who testify. The Director, Student Affairs may also permit the complainant to question the witnesses, within reasonable limits.
6.6. The accused student and the complainant will not be permitted to directly question each other in hearings to determine the sanction to be imposed on a student for whom UN M's Office of Equal Opportunity has issued a Probable Cause determination under Article 4.4 herein. Questions for the accused student and the complainant from the other party may be suggested by each of them to the Student Affairs Committee who will decide whether to pose them. In such cases, additional limitations on questioning may be imposed that are consistent with the complainant's rights as stated in Article 7.7 herein.
6.7. The accused student and the complainant may each request the presence of witnesses at the hearing by informing the Director, Student Affairs of their names and expected testimony at least five business days before the hearing. Based upon the Investigation Report, the Student Affairs Committee may call witnesses not identified by either the complaint or the accused student. The Director, Student Affairs may refuse to call a requested witness if he or she determines that the expected testimony is not sufficiently relevant to the charges, would be duplicative of other testimony, or would otherwise not be significantly helpful to the review and determination of the charges. The Director, Student Affairs will try to arrange the attendance of witnesses who are members of the University community (students, staff and faculty). The accused student and complainant are responsible for arranging the attendance of persons from outside of the University. The Student Affairs Committee has no subpoena authority. The accused student and complainant will each receive a list of witnesses called to testify at least three business days before the hearing.
6.8. The accused student and the complainant may each submit pertinent documentary evidence for consideration by the Student Affairs Committee at least five business days before the hearing. As with witnesses, the Director, Student Affairs may, for the reasons cited in Article 6.6. decline to accept a party's evidence. Both parties will be provided access to all documentary evidence accepted, consistent with the federal Family Educational Rights and Privacy Act (FERPA).
6.9. In its discretion, but consistent with the other provisions of this Grievance Procedure, the Student Affairs Committee may proceed independently to secure evidence for the hearing. Both parties will have an opportunity to review any such evidence at least three business days before the hearing, consistent with the federal Family Educational Rights and Privacy Act (FERPA).
6.10. The hearing will be recorded in an appropriate format as determined by the Director, Student Affairs, and will keep the recording(s). The recording is the property of the University. No typed record will be made.
6.11. The rules of evidence used in civil or criminal trials are not applicable to formal hearings conducted by the Student Affairs Committee.
6.12. Within three weeks of the conclusion of the hearing, the Student Affairs Committee will send the accused student a decision letter which includes the Committee's findings and any disciplinary sanction imposed. The Student Affairs Committee may find the party charged not responsible for violating the Code of Conduct, or may find the party responsible and impose a disciplinary sanction. As set forth in Article 7.7(C), in a case of alleged sexual violence, the complainant will also be notified of the Student Affairs Committee's decision, to the extent permitted by the federal Family Educational Rights and Privacy Act (FERPA).
6.13. The Student Affairs Committee may seek advice from the Office of University Counsel throughout the adjudication process on questions of law or procedure; however, factual determinations are the exclusive domain of the Committee.
6.14. Decisions of the Student Affairs Committee are subject to appeal to the campus CEO, as per Article 7.2 herein, if the sanction imposed by the Committee is suspension, expulsion or banning from the campus. In cases involving allegations of discrimination as provided in Article 4.4 herein, decisions of the Student Affairs Committee are subject to appeal to the Office of the President as provided in Article 7.3 herein.
ARTICLE 7. APPEALS, RECORDS AND RIGHTS
Decisions of the Student Affairs Committee or the Student Conduct Officer are final, unless a sanction of suspension, expulsion or banning from campus is imposed. Appeals in cases involving sanctions issued for violations of the University's prohibitions against discrimination as provided in Article 4.4 herein may be taken by the sanctioned student and/or the complainant, but such appeals must proceed pursuant to Article 7.3(A) herein.
7.1. Appeal to Chief Executive Officer (CEO)
A. A student receiving a sanction of suspension, expulsion, or banning from campus from the Student Conduct Officer may appeal the decision to the CEO. A CEO Office appeal must be completed and received within seven working days of the date of the written decision from the Student conduct Officer.
Except as provided in Article 4.4(D) and 7.3(A) of this Grievance Procedure, the following will be considered the only grounds for an appeal:
1. There was significant procedural error of a nature sufficient to have materially affected the outcome;
2. The decision was not in accordance with the evidence presented;
3. There is significant new evidence of which the appellant was not previously aware, that the appellant could not have possibly discovered through the exercise of reasonable diligence, and the absence of which was sufficient to have materially affected the outcome; and/or
4. The severity of the sanction is grossly disproportionate to the violation(s) committed.
On appeal the CEO shall review the decision of the Student Conduct Officer and may schedule an appointment with the party appealing to discuss the reasons for the appeal.
B. After reviewing the case, the CEO may:
i. Affirm or overturn the findings of the Student Conduct Officer.
ii. Affirm or alter the sanction imposed by the Student Conduct Officer.
iii. Remand the case to the Student Conduct Officer. A remand will generally occur where new evidence is to be reviewed or as otherwise determined by the CEO. Where a case is remanded, the decision of the Student Conduct Officer may be appealed to the Vice-President for Student Affairs.
iv. The CEO will send written notification of the decision to the appealing party within two weeks of meeting with the appealing party, with a copy sent to the Student Conduct Officer.
7.2. Appeal to Vice President for Student Affairs
A. Appeals to the Vice President for Student Affairs may be made from a decision of the CEO to uphold a student's suspension, expulsion or banning from campus; or from a decision of the Student Affairs Committee imposing such a sanction.
B. An appeal form must be completed and submitted to the Vice President for Student Affairs within seven working days of the date of the written decision from the CEO or the Student Affairs Committee. The grounds for appeal to the Vice President are the same as for an appeal to the CEO (see Article 7.l (A)). On appeal the Vice President for Student Affairs shall review the decisions of the Student Conduct Officer, Student Conduct Committee and/or the CEO. The Vice President for Student Affairs may meet with the party appealing to discuss the reasons for the appeal.
C. After reviewing the case, the Vice President for Student Affairs may:
i. Affirm or overturn the findings of the CEO, the Student Conduct Officer, or the Student Conduct Committee;
ii. Affirm or alter the sanction imposed by the CEO, the Student Conduct Officer, or the Student Conduct Committee; or
iii. Remand the case to the original tribunal (Student Affairs Committee or Student Conduct Officer) for further proceedings. A remand will generally occur where new evidence is to be reviewed or as otherwise determined by the Vice President for Student Affairs. Where a case is remanded, the decision of the Student Affairs Committee or Student Conduct Officer may be appealed after rehearing to the Vice President for Student Affairs.
iv. The Vice President for Student Affairs will send written notification of the decision to the appealing party within two weeks of meeting with the appealing party. A copy of the decision shall be sent to the Dean of Students.
7.3. Appeal to the President and the Board of Regents
A. Appeals of sanctions issued for violations of University policy prohibiting discrimination as provided in Article 4.4 of this Grievance Procedure.
i. Decisions of the Student Affairs Committee or the Student Conduct Officer regarding sanctions imposed for violations of the University's prohibition against discrimination as provided in Article 4.4 herein are final, unless a sanction of suspension, expulsion or banning from campus is imposed. A student receiving such a sanction may appeal the decision to the Office of the President. The appeal must be in writing, contain a statement of the sanction (s) being appealed and the grounds therefore, and must be received at the Office of the President within seven working days of the date of the written decision from the Student Affairs Committee or Student Conduct Officer. Either the sanctioned student or complainant may appeal a sanctioning decision of the Student Conduct Officer or the Student Affairs Committee in cases involving sexual harassment, sexual misconduct, or sexual violence. Only the sanctioned student may appeal a sanctioning decision of the Student Conduct Officer or Student Affairs Committee in cases involving discrimination that is not related to sexual harassment, sexual misconduct, or sexual violence.
ii. As provided in Article 4.4(D) herein, appeals of sanctions issued for violations of the University's prohibition against discrimination, including sex discrimination, sexual harassment, sexual misconduct, or sexual violence, are only permissible if the grounds for such appeal are that there was significant procedural error during the sanctioning process of a nature sufficient to have materially affected the outcome of the sanction decision and/ or the severity of the sanction is grossly disproportionate to the violation (s) of University policy that OEO found to have been committed.
Nothing in this Procedure provides a means to appeal any decision issued by OEO that may provide the basis for a sanctioning decision.
iii. The President's consideration of whether the sanctioning decision(s) on appeal was procedurally erroneous or grossly disproportionate to the violations(s) of University policy as found by OEO will be limited to a review of the evidence submitted to the Student Affairs Committee and/or Student Conduct Officer relevant to the level of sanction(s) to be imposed; the evidentiary findings made by Student Affairs Committee and/or Student Conduct Officer; and/or the conclusions made by the Student Affairs Committee and/or Student Conduct Officer in determining the level of sanction(s) imposed. The President will not consider any evidence not submitted to the Student Affairs Committee or Student Conduct Officer for consideration of the sanction(s) at issue unless such evidence is newly discovered or was otherwise not reasonably available to the appealing party or parties at the time the sanctioning process was initiated.
iv. After reviewing the case, the President may:
a) Affirm the sanction (s) issued in its/their entirety;
b) Affirm the sanction (s) issued in part and remand the remainder to the Student Affairs Committee and/or Student Conduct Officer for further proceedings; or
c) Remand the decision issuing the sanction(s) on appeal in its/their entirety to the Student Affairs Committee and/or Student Conduct Officer for further proceedings.
A remand will generally occur only where new evidence, as provided in Article 7.3(A) (iii) herein, is to be reviewed or as otherwise determined by the President. Where a case is remanded, the subsequent decision of the Student Affairs Committee or Student Conduct Officer may be appealed after rehearing to the President as provided in Article 7.3 herein.
v. Appeals to the Board of Regents may be petitioned-for from a decision of the President to uphold the sanctioning decision (s) issued by the Student Affairs Committee and/or Student Conduct Officer regarding a student found by OEO to have violated the University's prohibitions against discrimination, including sex discrimination, sexual harassment, sexual misconduct, and sexual violence. Such an appeal must be submitted to the Board of Regents in writing, stating the sanction (s) appealed and the grounds upon which the appeal is based, within seven working days of the President's decision being issued. Appeals to the Board of Regents that are accepted will be handled pursuant to the policies of the Regents concerning discretionary reviews.
B. Appeals of sanctions issued for misconduct other than discrimination or sexual harassment, misconduct, or violence as provided in Article 10.4(B) herein, the President has the discretionary authority to review all decisions by the senior administrators below, and the Board of Regents has the discretionary authority to review all decisions of the President. The President and Regents will normally accept review only in extraordinary cases, such as those where proper procedures have apparently not been followed, where the decision appears to be unsupported by the facts, or where the decision appears to violate University policy. Except as provided in Article 7.3(A) herein, any appeal will be handled pursuant to the policies of the President and Regents concerning discretionary reviews.
7.4. Student and Visitor Conduct Records
A. Records regarding student conduct shall be kept in the Director, Student Affairs Office for a period of ten years after final disposition, except for records of expulsions which shall be permanently maintained. Records regarding action taken against visitors to the University may be permanently maintained. Tape recordings of Student Affairs Committee hearings will be maintained in the Director, Student Affairs Office for the same time period as the written records pertaining to the case.
B. Copies of the final decision shall, in an academic dishonesty case, be sent to the faculty member.
7.5. Rights of the Parties Participating in Student Code of Conduct Grievances the rights of the parties participating in grievances as provided herein include:
A. The party charged with an alleged violation has the right to written notice of the charges at issue in the proceeding that contains sufficient detail and time for the parties to prepare for a hearing.
B. The party charged with an alleged violation has the right to a timely hearing before an appropriate official or committee.
C. The party charged with an alleged violation has the right to know the nature and source of the evidence used in a hearing process.
D. Both parties have the right to present evidence on their own behalf.
E. Both parties have the right to choose not to testify and/or not to answer questions; in such cases, the decision maker will decide the charges based upon the evidence presented.
F. Subject to the limits set forth in Article 6.3, both parties have the right to be accompanied by an advisor at a hearing. The advisor may be an attorney retained by a party at his or her own expense.
G. The party alleging that the accused student engaged in conduct in violation of the Student Code of Conduct has the right to submit a victim impact statement to the hearing officer or committee during the sanctioning portion of the discipline process.
H. The party alleging that the accused student engaged in conduct in violation of the Student Code of Conduct has the right to have past irrelevant behavior excluded from the discipline process.
I. Both parties have the right to be free from retaliation for having made an allegation of misconduct or having participated in a grievance under this procedure. Allegations of retaliation should be submitted to the Director, Student Affairs Office.
7.6. Additional Rights of the Parties Participating in Complaints Alleging Sexual Harassment, Sexual Misconduct, or Sexual Violence because of the serious nature of the acts alleged, in addition to the rights listed in Article 7.5, parties participating in grievances containing allegations of sexual harassment, sexual misconduct, or sexual violence have additional rights described in University Administrative Policy #2740.
ARTICLE 8. ACADEMIC RECORD DISPUTES
8.1. Scope
This article sets forth the procedures which should be followed by a student seeking retroactive withdrawal, enrollment, or disenrollment, or for other academic record changes involving exceptions to the rules governing registration and academic records which are set forth in the University Catalog. It does not cover disputes involving academic judgment (e.g. grades).
8.2. Petitions
A. A student seeking a change in his or her academic record within the scope of this article shall submit a petition to the Registrar's Office for consideration by the Faculty Senate Admissions and Registration Committee. The petition shall:
1) Include a statement of the nature of the request including why the student feels it should be granted.
2) Specify the semester involved and the subject/department code, course and section numbers.
3) Specify the student's name, University I.D. number, mailing address, email address and telephone number.
4) Include documentation of extenuating circumstances, such as medical, family, or employment needs.
5) Be typed and signed.
6) Optionally, include supporting statements from involved faculty and academic units.
B. Upon receipt of the petition, the Registrar's Office shall forward a copy to the instructor of the course. The instructor shall make any response within three weeks of receipt. If the instructor has not responded within three weeks, the Faculty Senate Admissions and Registration Committee ("Committee") shall proceed to consider the petition without the instructor's response.
C. At the next regular meeting after receipt of the instructor's response (or lack of response), the Committee shall take action on the petition. If the Committee denies the petition, it shall issue a brief statement giving the reasons for the denial.
D. Absent any new information from the student, the Committee's decision shall be final. If the student has new information that goes to the reasons set forth in the Committee's decision denying the petition, the student may request reconsideration from the Committee. The Committee's decision upon reconsideration is final for the University.
ARTICLE 9. VARIANCES
9.1. Introduction
These Student Grievance Procedure, to the extent applicable, shall apply to all University of New Mexico units. Because of differences in administrative structure, however, some modifications to these rules are necessary. The following Articles identify those modifications.
9.2. School of Law
Students attending the UNM School of Law must comply with the Law School Student Code of Conduct, in addition to the UN M Student Code of Conduct.
Allegations of academic misconduct, as enumerated in the Law School Student Code of Conduct, are addressed by the processes defined in that Code. Others kinds of alleged misconduct, except for allegations of sexual violence, may be addressed as described in the School of Law Administrative Due Process Policy and Procedure.
Allegations that a student in the School of Law has engaged in any discriminatory act as provided in Article 4.4 herein, including an act of sex discrimination, sexual harassment, sexual misconduct, or sexual violence, shall be referred to the UNM Office of Equal Opportunity.
The School of Law Bulletin and Hand book of Policies (Bulletin) governs students enrolled in the Law School and to the extent this Student Grievance Procedure differs from the policies and procedures in the Bulletin, the Bulletin supersedes this Grievance Procedure.
Discretionary review by the UNM President and Board of Regents, as provided for in Article 10.4 herein, is accorded to students in the School of Law.
The School of Law may, at its discretion, refer cases of alleged student misconduct to the UN M Dean of Students for review and possible action under the UNM Student Code of Conduct, except that allegations that a Law School student has engaged in any act of sexual violence shall be referred to the Office of Equal Opportunity.
9.3. Health Sciences Center
Academic programs in the School of Medicine, College of Pharmacy and College of Nursing have adopted student codes of conduct (including standards of professionalism) with which students in those academic programs must comply, in addition to the UN M Student Code of Conduct. Except for allegations of sexual violence, to the extent that Health Sciences Center academic programs have adopted policies and procedures that govern the adjudication of student conduct and student grievance matters, those policies and procedures supersede this Student Grievance Procedure. A decision by the respective Dean of the College of Pharmacy or College of Nursing may be appealed to the Health Sciences Center Chancellor, or his or her designee, under procedures adopted by the Chancellor's Office. Decisions by the Dean of the School of Medicine are final for the Health Sciences Center when the positions of Dean and Chancellor are held by the same official.
Discretionary review by the UNM President and Board of Regents, as provided for in Article 10.4 herein, is accorded to students in academic programs in the School of Medicine, College of Pharmacy and College of Nursing.
Academic programs in the School of Medicine, College of Pharmacy and College of Nursing may, at their discretion, refer cases of alleged student misconduct to the UNM Dean of Students for review and possible action under the UNM Student Code of Conduct, except that allegations that a student in a Health Sciences Center academic program has engaged in any discriminatory act as provided in Article 4.4 herein, including an act of sex discrimination, sexual harassment, sexual misconduct, or sexual violence, shall be referred to the UNM Office of Equal Opportunity.
ARTICLE 10. GENERAL PROVISIONS
10.1. Time Limits and Extensions
A. Unless stated otherwise or extended in writing, the time limit for a decision maker to issue a decision is three weeks if no hearing is held and four weeks if a hearing is held.
B. Unless stated otherwise in these rules or extended in writing under 10.1.C. the time limit to file an appeal is two weeks after the decision appealed. If the decision is given in person, the two-week period shall begin at that time. If the decision is mailed, the two-week period shall begin on receipt, which shall be presumed to be three days after mailing.
C. In any procedure governed by these rules, time limits shall be suspended in the following circumstances:
i. For good cause, the decision maker can extend any time limit set forth in these rules. Good cause includes, but is not limited to, the fact that a deadline falls during finals week or during a period such as vacations, holidays, intercessions, or summer session.
ii. If the procedure involves the Student Affairs Committee, and the Director, Student affairs determines that the Committee members cannot convene and decide the case during finals weeks, summer session, intersession, vacation or holidays, the Director, Student Affairs will so advise the parties and will schedule a hearing as soon thereafter as possible
iii. If a faculty or staff member is absent from the University, the decision maker, may permit the faculty or staff member to participate in a hearing or interview by conference call, Skype or other electronic means.
10.2. Former Students
These procedures apply to disputes between students and other members of the University community. If the student has left the University community (by graduation or otherwise), these procedures shall continue to apply so long as the event giving rise to the dispute occurred while the student was a member of the University community and so long as the University has the power to resolve the matter. The University retains the right to change grades or rescind degrees, when, after the grade or degree has been awarded, it discovers new information indicating that the grade or degree was not earned in accordance with all University academic, student conduct and other applicable requirements and policies.
10.3. Designees of Deans, Vice Presidents or Senior Level Administrators Whenever these regulations specify submission of a dispute or decision to a Dean, Vice President or more senior level administrator, that individual may delegate consideration and decision of the matter to a designee. Such designee will normally be but is not required to be, a member of the decision maker's staff.
10.4. Review by the President and the Board of Regents
A. The parties' right to appeal decisions under these procedures terminates where indicated herein. However, the President has the discretionary authority to review all decisions by the senior administrators below, and the Board of Regents has the discretionary authority to review all decisions of the President. The President and the Board of Regents normally review appeals of student grievance or disciplinary decisions only in extraordinary cases, such as where proper procedures have apparently not been followed, where the decision appears to be unsupported by the facts, or where the decision appears to violate University policy.
B. Requests for review made to the President or the Board of Regents normally will be considered only after the avenues of appeal established herein have been exhausted. Requests shall be made in writing, and must include the alleged facts, what happened in the proceedings to date, and the reasons justifying extraordinary review. Such requests must be filed in the President's Office within seven working days of the date of the written decision from the last reviewer.
C. If review is granted, appropriate procedures shall be set by the President or the Board of Regents. The procedures shall be communicated to the parties in advance, and shall provide each party the opportunity to explain his or her position orally and/or in writing. New evidence (such as additional documents or testimony of witness) will not normally be taken by the President or Regents.
10.5. Conflict with Other Procedures
Except as otherwise stated herein, in the event this Student Grievance Procedure conflicts with previously adopted policies and procedures, these procedures shall take precedence.
