Codes and Policies

Student Code of Conduct: 2009-2011

Through its academic offerings and support services, CNM provides the opportunity for learning. Taking advantage of the opportunity is the student’s responsibility.

The college gives equal consideration to all applicants for admission. The appropriate facilities and services of CNM shall be available to enrolled students. Any student in good standing with CNM has the right to register for and attend any class for which he or she has met the prerequisites and placement requirements.

Students are expected to be fully acquainted with all published policies and procedures of CNM and will be held responsible for compliance with them. In addition to this handout, policies are available through the Dean of Students Web page at cnm.edu and in some department handbooks, especially in the Health Occupations Department and in some course syllabi.

1. Introduction

   1. Purpose – The freedom of individuals to inquire, study, evaluate and gain new understanding and maturity is essential and must be protected against suppression. Dissent plays a vital part in the role of the college. However, freedoms cannot be protected or exercised in a College that lacks order and stability. Students at all Central New Mexico Community College (CNM) campuses and learning centers have an obligation to uphold the laws of the larger community of which they are part.
      The intent of this Code is to ensure that students at CNM neither lose their rights nor escape the responsibility of citizenship. While the activities covered by the laws of the larger community and those covered by CNM’s rules may overlap, it is important to note that the community’s laws and CNM’s rules operate independently and that they do not substitute for each other. CNM may pursue enforcement of its own rules whether legal proceedings are under way or in prospect and may use information from third-party sources (such as law enforcement agencies and the courts) to determine whether the college’s rules have been broken. Membership in the CNM community does not exempt anyone from local, state or federal laws, but rather imposes the additional obligation to abide by all of CNM’s regulations. It is the personal responsibility of every member of the campus community not only to protect his/her own rights, but to respect the rights of others and to behave in a manner conducive to learning and/or living in an educational environment.
      Just as individuals within the community have a responsibility to adhere to a code of prescribed behavior, the institution assumes the obligation of clearly codifying and fairly enforcing the same. CNM upholds the belief that those who do not conform to established standards set forth in this Code of Conduct must be held accountable for their actions. Therefore, the purpose of the Code of Conduct is to inform the student body of the rules and regulations that are essential to the normal operation of CNM.
   2. Definition of Student – For the purpose of application of this Code of Conduct, “student” means any person enrolled or taking a course at CNM, which includes all campuses and all other CNM instructional locations and any student organization recognized by CNM. Any person who is not officially enrolled, admitted to or registered with CNM for a particular term but who is, has been or intends to be a student is considered a student. Students who violate the Code of Conduct can expect prompt and deliberate adjudication, whether they choose to be present or remain at CNM. Furthermore, if a decision has been made within the disciplinary process, which impacts a person who is not currently enrolled, he/she still remains subject to the determination upon re-enrollment. Students are responsible for maintaining their current address with CNM. The address on record will be deemed the appropriate address for delivery of correspondence from the Department of Student Life and Student Discipline.
   3. Students’ Rights and Responsibilities – By enrolling at CNM, a student accepts responsibility for compliance with all local, state and federal laws and with CNM’s regulations while retaining the rights guaranteed under the Constitutions of the United States and the state of New Mexico. A student alleged to have engaged in any misconduct shall have the right of due process and appeal as delineated in this Code. The college expects all students to show respect for the rights of others and for authority, to protect private and public property, to carry out contractual obligations and to take responsibility for their own actions and the actions of their guests.
   4. Student Organizations – A student organization and its officers and members may be held collectively and individually responsible when violations of this Code by those associated with the organization occur and when such violations are authorized, encouraged, directed, tolerated, supported by or committed on behalf of the organization. For purposes of the interpretation and administration of the Code of Conduct, the term “student” shall also mean “student organization.”
2. ADMINISTRATION OF DISCIPLINE
   The responsibility of administering the discipline system is delegated by the president of CNM to the vice president of Student Services for non-academic discipline and to the vice president of Academic Affairs for academic discipline. In turn, these officers may delegate authority to other groups or individuals for handling violations of the Student Code of Conduct. All non-academic Student Code activities shall be monitored by the Dean of Students to ensure fairness and consistency. All discipline sanctions imposed college-wide will be reported to the Dean of Students for record-keeping purposes.
   
   The college attempts to handle discipline matters at the lowest possible level by recognizing a variety of hearing officers. Each hearing officer is a CNM official who is an administrator, faculty member or staff member. Hearing officers adjudicate cases when violations are alleged. The hearing officer is authorized to exercise active control over the proceedings in order to elicit relevant information, to avoid needless consumption of time and to prevent the harassment or intimidation of witnesses.
   
   Disciplinary regulations at CNM are set forth in writing in order to give students general notice of prohibited conduct. These rules and regulations should be read broadly and are not designed to define prohibited conduct in exhaustive terms. It is recognized by CNM that students are adults and are expected to obey the law and take personal responsibility for their conduct. A student is therefore subject to two sources of authority: civil–criminal authority and CNM’s authority.
   
   Violation of any municipal ordinance, law or regulation of the State of New Mexico or law or regulation of the United States, which may cause harm or endangerment to self or others or somehow compromises the educational mission of the college may result in disciplinary action. The college does not normally take disciplinary action for off-campus violations, but it retains the right to act in special cases. Disciplinary action imposed by CNM may precede and be in addition to, any penalty that might be imposed by an off-campus authority.
   
   When charged with a violation, a student has the right to notice of the violation and an opportunity to be heard. For infractions where suspension, dismissal or expulsion may be imposed, a student will have additional rights as set forth in § IV.C.W, below.
   
   Charged students may decide what and how much information they will provide during a disciplinary conference or hearing. The procedures to be followed in matters of student misconduct are outlined in the following sections.
3. ACADEMIC DISHONESTY
   Any student suspected of academic dishonesty will be subject to the investigative and disciplinary process outlined in the Academic Dishonesty Policy found below.
4. NON-ACADEMIC MISCONDUCT: ALL STUDENTS
   
   1. Person and/or Groups Involved in Non-academic Discipline Cases
      1. Dean of Students – The Dean of Students Office (or his/her designee such as the Director of Student Life and Discipline) will dispose of any non-academic misconduct violations referred by the vice president of Student Services or other CNM officials and also has responsibility for maintaining all student records relating to student non-academic misconduct. Within this capacity, the Dean of Students (or designee) serves as a resource person for administrators, faculty, staff and students to promote consistency throughout the college community in adjudicating cases of student non-academic misconduct. The Dean of Students also can act as a hearing officer and may appoint other hearing officers.
      2. Hearing Committee – Either the Dean of Students or the Director of Student Life and Discipline may hear discipline issues or may refer the issue to a CNM Hearing Committee. The committee hears nonacademic misconduct issues referred to it by the Dean of Students. Two administrative and/or faculty members and one student member are required for each Hearing Committee.
      3. Vice President of Student Services – The vice president of Student Services will hear any appeals from decisions of the Dean of Students, the Director of Student Life and Discipline, or a Hearing Committee.
   2. What Constitutes Non-Academic Misconduct
      The following constitute violations for which students and student organizations are subject to disciplinary action. These are not designed to be all-inclusive, but offer examples of the types of prohibited conduct:

Disruption Violations

1. Participation in an unauthorized campus demonstration which disrupts the normal operations of CNM and infringes on the rights of other members of the CNM community; leading or inciting others to disrupt scheduled and/or normal activities within any campus building or area; intentional obstruction which unreasonably interferes with freedom of movement, either pedestrian or vehicular, on campus.
2. Unauthorized mass action, obstruction or disruption of classes or CNM events, removal or defacement of library or other CNM materials or properties, participation in commercially sponsored solicitation, behaviors that violate federal, state or local ordinances.
3. Disruption or obstruction of teaching, research, administration, disciplinary proceedings, other CNM activities, including its public service function on or off campus, or other authorized non-CNM activities, when the act occurs on CNM premises.
4. Any intentional interference with or obstruction of any institutional activity, program, event or facilities, including the following: any unauthorized occupancy of institution or institutionally controlled facilities or blockage of access to or from such facilities; interference with the right of any institution member or other authorized person to gain access to any institution or institutionally controlled activity, program, event or facilities; or any obstruction or delay of a campus security officer, fire fighter or any institution official in the performance of his or her duty.
5. Obstruction of the free flow of pedestrian or vehicular traffic on CNM premises or at CNM sponsored or supervised functions.
6. Any violation of federal, state or local law not otherwise prohibited herein, if such directly affects CNM’s educational function.

Person Violations

1. Actual or threatened physical injury to any person (including self ) on CNM owned or controlled property or at a CNM sponsored or supervised function or conduct that endangers the health, safety or personal well being of a person.
2. Engaging in individual or group conduct that is violent (including sexual misconduct, attempted suicide or threats of either), abusive, indecent, unreasonably loud or similar disorderly conduct that infringes upon the privacy, rights or privileges of others or disturbs the peace or the orderly process of education on campus.
3. Hazing, defined as an act which endangers the mental or physical health or safety of a student or which destroys or removes public or private property, for the purpose of initiation, admission into, affiliation with, or as a condition for continued membership in a group or organization.
4. Harassment or abuse directed toward individuals or groups may include at least the following forms: the use or threat of physical violence, coercion, intimidation and verbal harassment and abuse. Harassment and abuse may be discriminatory. Although all forms of harassment and abuse – both discriminatory and non-discriminatory – are equally prohibited, CNM’s commitment to non-discrimination means that discriminatory harassment may be punished more severely than non-discriminatory forms of harassment.
5. Sexual abuse, including but not limited to sexual harassment, coercion and threats or use of force.
6. Any actual or threatened non-consensual sexual act.
7. Harassment or acts of insensitivity or intolerance toward individuals/ groups, including groups defined by race, creed, national origin, disability, sexual orientation and veteran status.
8. Verbal or written abuse, which is likely to cause another person humiliation, stress, psychological harm or which is harassing in nature.
9. Public display of literature, films, pictures or other material that, depicts or describes sexual conduct in a patently offensive way and lacks serious literary, artistic, political or scientific value.

Property Violations

1. Attempted or actual theft of and/or damage to property of CNM or property of a member of the CNM community or other personal or public property.
2. Any graffiti or other act of misuse, vandalism, malicious or unwarranted damage or destruction, defacing, disfiguring or unauthorized use of property belonging to the institution including, but not limited to, fire alarms, fire equipment, elevators, telephones, institution keys, library material and/or safety devices, walls, floors and ceilings.

Falsehoods/Identification Violations

1. Forgery, counterfeiting, alterations or misuse of any CNM record, document or identification card.
2. Knowingly furnishing false information to CNM personnel or member of any hearing board acting in performance of their duties or the failure to provide CNM personnel with adequate information upon request.
3. Making a false report concerning a fire, bomb or other emergency.
4. Failure to possess at all times a valid CNM Student ID and/or failure to present the ID to CNM officials upon proper request. Failure to comply with directions of CNM officials, faculty, staff or law enforcement officer acting in performance of their duties and/or failure to identify oneself to these persons when requested to do so.
5. Intentionally and falsely accusing a CNM employee or another student of a wrongdoing.

Safety Violations

1. Unauthorized use, possession or storage of any weapon or explosive (including fireworks) on CNM premises or at CNM sponsored activities.
2. Tampering with fire extinguishers, fire alarm boxes or smoke or heat detectors anywhere on CNM property.
3. Creating a fire, safety or health hazard.
4. Ejecting any objects from windows, roofs or balconies of CNM buildings.
5. Students are not permitted on the roofs of CNM buildings.

Computer Violations

1. Unauthorized entry into or alteration of any CNM computer records or violation of the CNM Technology Use Policy.
2. Violation of the New Mexico Computer Crimes Act, including intentional and unauthorized access, alteration, damage, copying or destruction of any computer system or data.
3. Theft or abuse of computer time, including but not limited to:
   1. Unauthorized entry into a file, to use, read or change the contents or for any other purpose.
   2. Unauthorized transfer of a file.
   3. Unauthorized use of another individual’s identification and password.
   4. Use of computing facilities to interfere with the work of another student, faculty member or CNM official.
   5. Use of computing facilities to send obscene, abusive, or threatening messages.
   6. Use of computing facilities to interfere with normal operation of the CNM computing system.

Entry/Use Violations

1. Entry into or use of any building, facility, room or other CNM property/grounds without authorized approval. This also includes the unauthorized possession or use of CNM keys, lock combinations or other access codes.
2. Entering or attempting to enter any social event or other event without proper credentials for admission (e.g., ticket, identification card or invitation).
3. Unauthorized use of CNM telephones for long-distance calls.

Legal Violations

1. Unlawful possession, use, distribution or sale of any narcotic or dangerous drug as defined by the statutes of the state of New Mexico.
2. Violation of federal, state or local law on CNM premises or at CNM sponsored or supervised activities.
3. Possession or consumption of alcoholic beverages in contradiction of state law and/or CNM policy.
4. The violation of local, state or federal criminal statutes shall be in violation of this code, whether or not such violation is prosecuted by public officials. CNM may refer such violations to appropriate law enforcement agents.
5. The use or possession of equipment, products or material used or intended for use in manufacturing, growing, using or distributing any drug or controlled substance.
6. Participation in illegal gambling activities on CNM owned or controlled property or at a function identified with CNM.
7. Embezzling, defrauding or procuring any money, goods or services under false pretenses.

Financial Violations

1. Failure to make satisfactory settlement for any debts to CNM.
2. Issuing a check on campus knowing that it will not be honored when presented for payment.

General Violations

1. Violation of published CNM policies, rules or regulations.
2. Soliciting or selling in violation of the solicitation policy.
3. Having an animal on campus in violation of CNM policy.
4. Dispersing litter in any form onto the grounds or facilities of the campus.
5. Unauthorized use of cell phones, pagers and other electronic equipment in classrooms and laboratories.
6. Unauthorized use of sirens, loudspeakers and other sound amplification equipment.
7. The use of roller blades, skateboards, or scooters on CNM property.
8. Smoking inside CNM buildings.
9. Parking bicycles outside of designated areas.
10. Drinking and eating in classrooms, laboratories and libraries.
11. Bringing children to classes, labs or other instructional activities or to judicial affairs hearings.

Student Discipline Violations
Abuse of the student disciplinary system, including but not limited to:

1. Failure to obey the summons of the Dean of Students, a disciplinary body, or other CNM official.
2. Falsification, distortion or misrepresentation of information before a hearing officer or committee.
3. Disruption or interference of the orderly conduct of a disciplinary proceeding.
4. Initiation of a disciplinary proceeding knowingly without cause.
5. Attempting to discourage an individual’s proper participation in or use of the disciplinary system.
6. Attempting to influence the impartiality of a member of a disciplinary body prior to and/or during the course of the disciplinary proceeding.
7. Harassment (verbal or physical) and/or intimidation of a member of a disciplinary body prior to, during and/or after a judicial proceeding.
8. Failure to comply with the sanction(s) imposed under the Student Code.
9. Influencing or attempting to influence another person to commit an abuse of the disciplinary system.

C. Non-academic Discipline Process

All alleged violations of non-academic rules and regulations contained herein will be referred to the Dean of Students’ Office. Any alleged violation should be reported as soon as possible after the violation occurs. Upon violation of any of the provisions of this Code of Conduct during class or other CNM activity, CNM faculty and staff may remove the student from the class or other CNM activity for the remainder of that class/activity period and shall promptly notify the Dean of Students as to the action taken and the reason(s) therefore. Upon submission of the alleged violation to the Dean of Students’ Office, the following procedures will apply.

1. For behavior for which a sanction other than suspension, dismissal or expulsion may be imposed, after referral to the Dean of Students or his/her representative and investigation by the Dean or representative (at his/her discretion), the Dean (or representative) will provide:
   • Oral or written notice of the charges against the student and
   • An opportunity for the student to admit or deny the allegations in conference with the Dean or his/her representative. If the student denies the allegations, the student is entitled to an explanation of the evidence against the student and will be given an opportunity in the conference to rebut the charges.
   • As a result of the investigation and conference with the student, any of the following actions may be taken:
   • The charges may be dismissed as unfounded or for lack of evidence;
   • The student may admit responsibility for violating the Code of Conduct and a sanction will be imposed; or
   • The Dean of Students or representative will deem the student responsible for Code of Conduct violations, based on a preponderance of the evidence and an appropriate sanction will be imposed.
2. For behavior for which suspension, dismissal or expulsion may be imposed, after referral to the Dean of Students and after any investigation by the Dean or his/her representative, the Dean or representative will establish a hearing date to occur as soon as practicable, or within ten (10) days of imposition of any interim suspension and will provide:
   1. Written notice of the charges against the student;
   2. Written notice of the date, time and place of hearing;
   3. An opportunity for the student to personally participate in the hearing and to admit or deny the charges against the student.
      If the student admits the charges, discipline will be imposed. If the student denies the charges, the student will be entitled to:
      1. An explanation of the evidence against the student;
      2. The right to question witnesses in a manner determined by the Dean of Students or the Hearing Committee;
      3. The right to examine, in advance of the hearing, documentation submitted relating to the charges;
      4. The right to present a defense at the hearing; The student may call his/her own witnesses and present relevant information or documentation; The student may have legal counsel, or other advisor, present at the hearing, but such counsel or advisor may not participate in the hearing.
      5. A tape recording of the hearing shall be made. The tape recording is CNM property.
   4. As a result of the investigation and hearing, one of the following actions may be taken:
      • The charges may be dismissed as unfounded or for lack of evidence;
      • The student may admit responsibility for violating the Code of Conduct and appropriate sanctions may be imposed; or the Hearing Committee will deem the student responsible for Code of Conduct violations based upon a preponderance of the evidence and appropriate sanctions may be imposed.
   5. The student will be notified of the discipline imposed, either orally following the hearing or sent in writing within five (5) working days of the hearing.

D. Non-Academic Discipline Appeal Process
Students receiving a discipline decision from the Dean of Students or a Hearing Committee may request an appeal. Any such request must be made in writing to the vice president of Student Services within three (3) working days after notification of the decision.

1. Contents of the Appeal Request.
   The appeal request must include:
   1. The name of the individual/organization requesting the appeal;
   2. The disciplinary action being appealed and the date the disciplinary action took place;
   3. The grounds for the requested appeal. The appeal must be based on one or more of the following grounds:
      • Procedural or prejudicial error was committed. The specific errors alleged must be stated;
      • The facts upon which the decision was based included inaccurate information. The inaccurate information appealed from must be stated;
      • Specific information presented at the hearing/disciplinary conference is objectionable. The reason for the objection must be stated (i.e. why specific information should not have been considered);
      • Information not offered at the hearing/ disciplinary conference is now available. The reason why the information was not offered during the original hearing/disciplinary conference must be stated;
      • The sanction imposed is excessive or inappropriate. The reason for believing this must be stated.
2. Decision on Appeal:
   Upon review of the appeal, the vice president of Student Services, or his/her designee, may take any of the following actions:
   Deny the appeal request.
   Grant the appeal request and refer the matter to the Dean of Students for reopening of the hearing/conference to allow reconsideration of the original decision and/or the sanctions imposed. In the event of such referral, the vice president of Student Services (or his/her designee) will provide a written rationale for the referral, in accordance with one or more of the grounds for appeal detailed above.
   Except as required to explain the basis of new information, an appeal shall be limited to review of the tape recording of the most recent official hearing and supporting documents.
   Any review of the sanction(s) in a non-academic discipline process may not result in more severe sanction(s) for the accused student/ organization. On review, the sanction may remain as originally determined or may be reduced.

V. DISCIPLINARY ACTIONS AND SANCTIONS

1. Student Sanctions
   The following list is not designed to be all-inclusive, but offers examples of the more severe sanctions that may be imposed upon an individual student for infraction of regulations.
   1. Disciplinary Probation – This sanction is an official warning that the student’s conduct is in violation of CNM regulations or local, state and/or federal laws. Students placed on disciplinary probation are deemed to be not in good standing with CNM. The duration of the probationary period and conditions imposed, shall be set by the Hearing Officer or Hearing Committee and shall be in proportion to the seriousness of the misconduct. Duration will be at least 30 days, but may be extended indefinitely. Depending on the circumstances and at the discretion of the hearing officer(s), additional stipulations may be enforced. These additional stipulations may be, but are not limited to, withholding of transcript or degree; suspension of rights and privileges; suspension of eligibility to participate in official extracurricular activities; restitution; and referral for counseling. During the probationary period, reported violations of the Code of Conduct or conditions of the probation will result in further sanctions which will be more severe than like sanctions for students not on probation. This action may include, but is not limited to, extension of the probationary period, the addition of other restrictions or conditions to the probationary agreement, suspension, dismissal, expulsion and notation on the student’s transcript. A student who has been placed on indefinite disciplinary probation may petition to have the probation lifted. This petition will not be acceptable if submitted sooner than one calendar year from the date the probation began. Students must petition through the Dean of Students Office. The Dean of Students or the CNM Discipline Committee reviews the petition and makes a recommendation to the vice president of Student Services or designee, whose decision is final.
   2. Disciplinary Suspension – Disciplinary suspension is the disenrollment of a student from CNM for a defined period of time. Most suspensions will last a minimum of one full term. However, the length of the suspension shall be at the discretion of the Hearing Committee. Students may reenter CNM at the conclusion of the suspension.
   3. Dismissal – Dismissal is the disenrollment of a student for an indefinite period of time and includes a “minimum timeframe.” In most cases the minimum timeframe is one year, which means the student may not petition to reenter CNM for at least one year. Extended minimum timeframes may also be defined. The length of the dismissal shall be at the discretion of the Hearing Committee. Students seeking to reenter CNM after completion of the minimum timeframe may do so only by consent of the vice president of Student Services. Requests for reentry must be submitted in writing.
   4. Expulsion – Expulsion is the disenrollment of a student whereby the student is not eligible for readmission to CNM.
2. Interim Suspension
   In certain circumstances, the Dean of Students or designee may impose an immediate, short-term suspension pending further investigation and hearing. In such cases, the Dean or representative will establish a hearing date to occur as soon as practicable and in any event within ten (10) working days of imposition of any interim suspension.
   1. Interim suspension may be imposed only 1) to protect the safety and well-being of members of the CNM community or preservation of CNM property; 2) to protect the student’s own physical or emotional safety and well-being; or 3) if the student poses a definite threat of disruption to or interference with the normal operations of CNM.
   2. During the interim suspension, the student shall be denied access to the campus (including classes) and/or all other CNM activities or privileges for which the student might otherwise be eligible, as the Dean of Students may determine to be appropriate.
3. Student Organization Sanctions
   The following are possible sanctions that may be imposed upon a student organization for infraction of regulations:
   1. Disciplinary Probation – This sanction is an official warning that the organization’s conduct is in violation of CNM regulations or local, state and/or federal laws. Organizations placed on disciplinary probation are deemed to be not in good standing with CNM. The duration of the probationary period and conditions imposed shall be in proportion to the seriousness of the misconduct. Duration will be at least 30 days, but may be extended indefinitely. Depending on the circumstances and at the discretion of the Dean of Students, additional stipulations may be enforced. These additional stipulations may be, but are not limited to, suspension of rights and privileges, suspension of eligibility to participate in official extracurricular activities and restitution for damages.
      During the probationary period, reported violations of the Code of Conduct or conditions of the probation will result in further sanctions which will be more severe than the sanctions for student organizations not on probation. These sanctions may include, but are not limited to, extension of the probationary period, the addition of other restrictions or conditions to the probationary agreement, or suspension or termination of CNM recognition/charter.
      The organization may return to a status of good standing with CNM at the conclusion of the probationary period, assuming all conditions have been satisfied and upon gaining approval from the Dean of Students.
   2. Suspension of CNM Charter or Recognition – This sanction may be imposed when the organization’s conduct is in violation of CNM’s regulations or local, state and/or federal laws. Pursuant to this sanction, the organization’s charter or recognition with CNM, along with all privileges afforded a recognized student organization is withdrawn for a specified period of time, pursuant to the procedure outlined in § IV.C, supra. Any suspension of charter or recognition imposed will last a minimum of one full calendar year. As with disciplinary probation, additional conditions may be attached and further disciplinary action may result if conditions are not met. Reinstatement of any organization’s charter/recognition can only be granted by the Vice President of Student Services after the period of suspension when all conditions of the suspension have been met.
   3. Termination of CNM Charter or Recognition – This sanction may be imposed when the organization’s conduct is deemed to be in violation of CNM’s regulations or local, state and/or federal laws, pursuant to the procedures outlined in § IV.C, supra. This sanction will result in the immediate withdrawal of the organization’s charter or recognition with CNM, along with all privileges afforded a chartered/recognized student organization. The organization will not be eligible for reinstatement of its charter or recognition for a minimum of five (5) years. Reinstatement of an organization’s charter or recognition may only be granted by the vice president of Student Services.

VI. INTERPRETATION

Any question of interpretation regarding the Student Code of Conduct shall be referred to the Dean of Students or his/her designee for final determination.

VII. AMENDMENTS AND/OR REVISION TO THE CODE OF CONDUCT

Recommendations for changes related to the non-academic discipline process will be referred to the Dean of Students. The Dean of Students reviews the Code of Conduct as needed and recommends changes to the vice president of Student Services.

VIII. STATEMENT OF LIMITATIONS

No student or student organization shall be subject to disciplinary procedures due to alleged violation of CNM’s regulations unless procedures are initiated within one year from the time the alleged misconduct occurred or was made known to the Dean of Students, whichever occurs later. The one-year period of limitation, as referred here, will apply only while the student is enrolled at CNM. If the disciplinary procedures cannot be completed for reasons beyond the control of CNM, a time limitation will not be imposed.

The most recent version of the Student Code of Conduct can be found on the Dean of Students website at cnm.edu/deanofstudents/

Academic Dishonesty Policy

I. INTRODUCTION

As a college of higher learning, CNM is concerned that all participants in the learning environment conduct themselves with a high level of academic honesty and integrity. It is expected that students will conduct themselves at all times in a manner that supports and affirms these fundamental values.

As much as it is the students’ responsibility to conduct themselves according to accepted values of honesty and integrity, so too is it the institution’s responsibility to provide a fair and equitable process for addressing behavior that falls outside of what has been defined as acceptable. Accordingly, this policy has been developed in order to have a fair and consistent process for dealing with issues of academic dishonesty should they arise. The policy identifies examples of behaviors or actions that might be classified as academic dishonesty and articulates the procedural steps that are followed should academic dishonesty be alleged.

II. DEFINITIONS
Academic Dishonesty – Academic Dishonesty is any behavior on the part of a student that results in that student’s or any other students’ giving or receiving unauthorized assistance in an academic exercise or receiving credit for work which is not their own. Such acts include, but are not limited to:

• Cheating – Use of material, information, or study aids not permitted by the instructor during tests, quizzes, or other graded in-class activities. The prohibition, restriction, or permission regarding the use of such aides might be specifically stated in the test instructions (e.g., calculator use), but it need not be if their prohibition is a reasonable academic expectation for any such graded activity (e.g., use of a textbook, class notes, or a “cheat sheet” during a test). The cheating might be either premeditated (e.g., preparation and use of “cheat sheets,” securing a copy of the test beforehand) or opportunistic (e.g., looking at another student’s test paper).
• Plagiarism – Use of another person’s or of a group’s words or ideas without clearly acknowledging the source of that information, resulting in their false representation as one’s own individual work. More specifically, to avoid plagiarizing, a student or other writer must give credit when he/she uses:
  • another person’s idea, opinion, or theory
  • any facts, statistics, graphs, drawings—any pieces of information—that are not common knowledge
  • quotations of another person’s actual spoken or written words
  • paraphrases of another person’s spoken or written words
  • another person’s data, solutions, or calculations without permission and/or recognition of the source, including the act of accessing another person’s computerized files without authorization

Plagiarism may be either deliberate or unwitting; that is, it is the responsibility of a college student to know what constitutes plagiarism so that ignorance is not a legitimate defense against a charge of plagiarism.

• Falsification/Fabrication – Intentional and unacknowledged invention or alteration of any data, incidents, quotations, or citations in an academic exercise.
• Unauthorized Collaboration – Intentional sharing of information or working together in an academic exercise when such collaboration is not approved by the instructor.
• Facilitating Academic Dishonesty – Intentionally or knowingly helping or attempting to help another to violate any provision of this policy on academic dishonesty.
• Academic Sanction – Any penalty assessed by an instructor, possibly in consultation with the academic dean’s office and/or the Dean of Students office, imposed solely in response to a student’s academic misbehavior and including, but not limited to such actions as lowering a grade, assigning extra work, or imposing a re-test
• Disciplinary Sanction – Any sanction imposed by the Dean of Students office, which may be in addition to an Academic Sanction and may include disenrollment from a course, suspension from campus, expulsion from the college, or other administrative action.

(For more information regarding disciplinary sanctions, see the Student Code of Conduct section of this catalog.)

III. PROCEDURES

Initial Steps Taken By Instructor

If an instructor suspects a student has committed an act of academic dishonesty, the instructor should document what has occurred (e.g. what was observed or discovered that led to this belief) and must meet with the student. The goal of the meeting is twofold: (1) to inform the student of the allegation and review the evidence with the student; and (2) to provide the student with the opportunity to respond to the allegation by presenting his/her own evidence or by commenting on the allegation(s) and the evidence for it. The meeting with the student should occur as soon after the incident as possible (preferably, immediately after the class session in which the alleged incident occurred).

Academic Sanctions

Once the student has been given the opportunity to respond to the allegations, the instructor must determine whether academic dishonesty has occurred (based on a preponderance of the evidence —a more likely than not standard). If the instructor determines that academic dishonesty has occurred the instructor may either: 1) impose an academic sanction up to and including a “0” on the assignment or test; or 2) contact the Dean of Students to coordinate a more severe penalty for the offense (e.g. an “F” for the course, or removal from a program – in the case of limited entry programs such as exist in Health, Wellness & Public Safety occupations). At this point, the academic dean should be notified of the instructor’s attempt to seek a more severe penalty in coordination with the Dean of Students office.

In either case, the student must be notified by the instructor (either in person at the initial or subsequent meeting, over the phone, or by e-mail) regarding the instructor’s decision and the sanction that will be imposed.

Centralized Reporting

Once the decision making and sanctioning are complete, the incident must be documented and reported to the Dean of Students Office and to the appropriate school office using the Academic Dishonesty Incident Report Form (available in the schools or in the Dean of Students office). The Dean of Students Office will be responsible for the following:

1. Generating an official CNM letter to the student summarizing what occurred in the academic dishonesty incident and what sanction was imposed as well as notifying the student regarding what additional actions will be taken (in the case of repeat offenders or those already on probation), or what further actions would be taken should another incident occur. In addition, the letter will provide information about the student’s right to appeal.
2. Maintaining a centralized record of the incident within the Dean of Students Office so that, if future incidents are reported, patterns of behavior can be identified and sanctioned more severely.

Non-Academic Disciplinary Sanctions

When the report is received by the Dean of Students Office, current records will be checked to determine whether: 1) the student has had any previous incidents of academic dishonesty; or 2) the student is on disciplinary probation for any other previous disciplinary incidents. If either of these conditions exists, the student will be called into the Dean of Students Office and will be subject to disciplinary sanctions in addition to the academic sanction imposed by the instructor (per the disciplinary procedures outlined in the Student Code of Conduct). The additional disciplinary sanctions that may be imposed include disenrollment from the course, suspension from campus, expulsion from the college and other administrative actions.

Appeal Processes

Appeal of an Academic Sanction

The student may appeal any academic dishonesty determination or sanction by putting the appeal request in writing and submitting it to the Dean of the appropriate school within one week after receipt of the Dean of Student’s notification letter. The appeal must include the following:

1. The name of the individual requesting the appeal.
2. The name of the instructor who imposed the academic sanction and the information regarding the course (course name, course number, section number).
3. Description of the sanction that was imposed.
4. The grounds for the appeal. These grounds may include, but are not limited to, the procedure that was followed, the factual basis for the determination and/or the severity of the sanction.

After reviewing the appeal, the academic Dean may take any of the following actions:

1. Deny the appeal request.
2. Grant the appeal request and refer the matter back to the instructor to amend the original decision or sanction.

When a decision has made regarding the appeal, the academic Dean will notify the Dean of Students regarding the outcome of the appeal.

Appeal of a Non-Academic Disciplinary Sanction

The student may appeal any disciplinary sanction per the guidelines found in the Student Code of Conduct under section IV, D, titled, “Non-Academic Discipline Appeal Process”.

Information Technology Use Policy (CONDENSED VERSION)

Note: Policies are subject to change. The information below is a condensed version of the complete Information Technology Use Policy. Please see cnm.edu for the complete and most current version of this policy and its administrative directives.

1. PURPOSE
   1. CNM promotes and provides Information Technology resources that enhance educational services and facilitate college operations. These resources are shared by students, faculty, staff and the public. All persons using these systems share the responsibility for seeing that they are used in an effective, efficient, ethical and lawful manner. The aim of this policy and its administrative directives, is to safeguard equipment, networks, data and software that are acquired and maintained with public funds as well as define the acceptable use of these resources.
   2. Users of CNM Information Technology resources or those who interface with CNM enterprise systems and networks are subject to this policy, in addition to local, state and federal laws relating to copyrights, security and other issues regarding electronic media. Any violation of this policy, the Employee Handbook, or the Student Handbook may result in the removal of access privileges and possible disciplinary action.
   3. This policy applies to all individuals and groups utilizing college-owned Information Technology resources, whether individually controlled or shared, stand-alone or networked. In addition, this policy applies to personally-owned resources brought to the college for work or classroom purposes that utilize CNM’s systems and networks.
2. AGREEMENT
   1. All users of CNM’s enterprise systems and networks must read and comply with the Information Technology Use Policy. By using any of these systems and networks, users accept the terms of this policy.
   2. Area directives may be established to further support appropriate information technology use to preserve CNM’s systems and networks and better serve the community. Users agree to become familiar with and abide by all applicable directives.
3. ACCOUNTS
   1. Each individual is responsible for the use of their CNM account. It must not be used by others.
   2. Student accounts are kept active until the beginning of the next fall or spring term. At that time, if the user is no longer a registered student, the account is locked.
   3. Information contained in the account will be kept until the end of the term in which the account was locked and then either retained or deleted at the college’s discretion.
4. RIGHTS
   1. CNM’s information technology resources are owned and operated by CNM. These resources include systems, networks, software/licenses, facilities, accounts and information. CNM reserves all rights to these resources, including termination of service without notice should an individual violate the Information Technology Use Policy.
   2. CNM cannot protect individuals against the existence or receipt of material that may be offensive to them.
5. PRIVILEGES
   1. Access to CNM’s systems and networks is a privilege granted to authorized users, not a right. Access privileges are offered to users so they have full use of the technology available for academic purposes. Access to any system or network may be denied, at any time, without notice as a protective measure to ensure CNM’s system and network integrity or compliance with legal mandates.
   2. Users may not, under any circumstances, transfer or confer these access privileges to other individuals.
6. RESPONSIBLE USE
   1. Prudent and responsible use of Information Technology resources begins with common sense and includes respecting the rights and privacy of other users.
   2. The user agrees to follow proper computer etiquette when using CNM’s information technology systems and networks.
   3. The user agrees to refrain from any activity that would be considered an Information Technology use violation as defined in this policy.
7. PRIVACY
   1. CNM makes every reasonable effort to ensure the security of its systems and networks. While attempts have been made to ensure privacy of all accounts by assigning individual PINs and passwords, CNM offers no guarantee or representation that any account, electronic mail, or voice mail is private. Users should also note that CNM’s systems are not guaranteed to be secure, nor are they connected to a secure network.
   2. CNM recognizes the privacy rights of individuals, as guaranteed by the Family Educational Rights and Privacy Act of 1974 (FERPA) and Governing Board Policy. In certain circumstances the USA Patriot Act of 2001 may supersede students’ privacy rights under FERPA.
   3. By virtue of having a CNM network account, the user grants specific permission to CNM and CNM reserves the right to access all information stored on its systems.
   4. Before any routine maintenance inspection is performed on a user’s account, they are notified in advance and in writing, where practical. In the case of emergency inspections, or a discipline situation, the user is notified within three business days following the inspection of the reason the inspection occurred.
8. VIOLATIONS
   1. To maintain the integrity of CNM’s Information Technology systems and networks it is necessary to identify common violations that can be addressed quickly to maintain effective technology use at CNM. Common violations are noted below and are identified as either minor or major. This list is not intended to be all inclusive.
   2. Minor Violations
      
      • Failure to comply with unit, lab, division rules and guidelines.
      • Chat room use that is unrelated to CNM instruction or operations.
      • Use of internet games that are unrelated to CNM instruction or operations.
      • Bringing food or drink into a lab setting.
      • Use or installation of unauthorized software onto CNM-owned computers.
      • Activities that are not academic or class related that could impact network or system performance (i.e., streaming videos, internet radio…)
      • Abusing or misusing hardware, including but not limited to, keyboards, mice, etc.

   3. Major Violations

      • Refusal to discontinue unacceptable activities identified as minor violations.
      • Unauthorized entry into (hacking) accounts or files for purposes of reading, using, transferring, or altering their contents, or for any other purpose.
      • Viewing, accessing, or transmitting images, text, websites, or other material that is intimidating, fraudulent, hostile, harassing or offensive on the basis of sex, race, color, religion, national origin or disability.
      • Sale, possession (in public) and/or exhibition of obscene material, is illegal and violates local, state and federal law as well as CNM policy.
      • Transmitting images, text, websites or other material that is threatening, harassing, malicious, defamatory, or in which the origination is deliberately misleading.
      • Accessing or transmitting child pornography.
      • Copyright infringement, software piracy, audio/video recording piracy. This is a violation of federal law in addition to violating CNM policy. (See the Copyright section of this document for more information).
      • Unauthorized use of CNM’s Information Technology resources for commercial purposes.
      • Interfering with, degrading, or damaging the performance of any CNM voice or data network including crippling, bombing, or spamming.
      • Misappropriation of data, copyrighted materials, including computer software.
      • Tapping of network transmissions, including wireless transmissions (e.g., running network analyzers without authorization from the Computer Information Technology department (CIT)).
      • Sharing of passwords, acquiring another user’s password, attempting to increase the level of access to which a user is authorized, or depriving other authorized users access to any CNM system or network.
      • Use of knowledge of passwords, or of loopholes in systems, to damage resources, obtain extra resources, take resources from another user’s account or file space, or otherwise make use of resources either on or off campus for which proper authorization has not been given.
      • Publishing to the CNM website without appropriate approval.
      • Performing any activity that is considered to be a threat to national security.
      • Fraud, pyramid schemes, federal computer security violations.
9. COPYRIGHT
   1. Any information, including but not limited to text, software, graphics, video, audio and photographs may not be copied into, from or by, placed on any CNM facility, system, or network, except in accordance with the license. Software may only be copied in order to make back-up copies, if so licensed. The number of copies and distribution of copies may not be done in such a way that the number of simultaneous users exceeds the total number of licensed copies unless otherwise stipulated in the purchase agreement.
   2. According to copyright law, a person who makes an unauthorized copy is potentially liable to the owner for actual damages, profits, court costs and attorney fees. In addition, in certain cases the user may be criminally prosecuted and subject to a fine and imprisonment.
10. ENFORCEMENT
    1. Upon receipt of a complaint or if a student user is suspected of violating this policy, all relevant information will be turned over to the Dean of Students Office for investigation and possible disciplinary action.
    2. As part of the investigation conducted by the Dean of Students Office, a user’s account may be locked and/or inspected. Following the inspection, the user will be notified in writing within 3 (three) business days that an inspection has taken place.

Substance Abuse

CNM has committed its resources to creating an environment that fosters learning. Such an environment depends in part on the physical, emotional and social well-being of CNM students and staff. Abuse of alcohol and drugs impairs work and academic performance, poses a threat to the health and safety of the CNM community and undermines the learning environment. CNM is committed not only to maintaining a drug-free campus but also to helping students and staff solve drug- and alcohol-related problems.

CNM POLICY ON ILLEGAL DRUGS AND ALCOHOL

This policy covers all property and facilities owned, used, leased or controlled by CNM and any other site where CNM business is being conducted, including motor vehicles. Controlled substances are defined in Schedules I through V of the Controlled Substances Act, 21 U.S.C. 812 and implementing regulations, 21 CFR 1308.11-08.15.

Controlled substances include, but are not limited to, marijuana, hashish, cocaine (including crack), amphetamines, heroin, PCP, hallucinogens, anabolic steroids, certain prescription drugs and certain controlled substance analogs. Possession, use, sale or trafficking of controlled substances and glues is prohibited and punishable as a crime.

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. Possession of alcohol is prohibited on all CNM properties and in CNM vehicles.

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 CNM or its students, instructors or staff by federal or state law.

The unlawful manufacture, distribution, dispensing, possession or use of controlled substances or alcohol on CNM property or as part of any of its activities by any member of the CNM community is strictly prohibited. Being on campus or engaging in campus-related activities while under the influence of alcohol or controlled substances is also strictly prohibited.

As a condition of continued registration and enrollment, all students shall abide by this policy. Violation of this policy shall result in disciplinary action, up to and including expulsion.

Students and employees in the Truck Driving program are subject to random drug testing under federal law.

CNM’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 within five days if he/she is convicted of a criminal drug statute violation occurring in the workplace. The supervisor shall notify the CNM administration. 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, CNM shall maintain alcohol and drug-free awareness programs to inform members of the campus community about issues and risks of substance abuse. Counseling and treatment referral resources are listed below.

LEGAL SANCTIONS AND HEALTH RISKS

Penalties for even the most minor violations of the New Mexico Liquor Control Act can include fines of up to $300, confiscation of property and imprisonment for up to 7 (seven) months. More serious violations carry greater penalties, with larger fines and longer imprisonment.

Penalties for illegal drug use can include significant fines and imprisonment. Penalties for illegal sale of drugs are greater and may include property confiscation.

Alternative penalties for illegal drug and alcohol use may also include mandatory community service.

Violation of laws by a foreign national may result in deportation.

Driving or using machinery after drinking or using drugs creates the risk of injury or even death for the user and others. Penalties include criminal charges, up to and including homicide, as well as loss of the driver’s license and impoundment of the vehicle.

In drug-related cases a court may permanently suspend eligibility for federal benefits, including student financial aid. Moreover, a criminal record can seriously hurt education and career opportunities.

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, as well as addiction, birth defects, shortened life span, stomach ulcers, phlebitis, varicose veins and other health problems.

Alcohol and drugs are also factors in homicide, assaults, rapes, suicides and 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 and other drug abuse. Intravenous (IV) drug use is a high-risk factor for AIDS, which at present is a fatal disease.

Substance abuse negatively impacts on personal, work and academic relationships.

CAMPUS AND COMMUNITY RESOURCES

Any member of the CNM community who is concerned about a substance-abuse problem (their own or a colleague’s) can receive free, confidential assistance at the Counseling Center. A clinical therapist is available to perform a primary assessment on a case-by-case basis.

CNM employees will be referred for assistance through the Employee Assistance Program. Students may receive counseling on campus or be referred to the most appropriate community agency.

Other community resources include:

AGORA, UNM Crisis Center (277-3013); Al-Anon Information Service (262-2177); Alcoholics Anonymous (266-1900); All Indian Pueblo Council; Alcoholism Program (884-3820 ext. 25); Narcotics Anonymous (260-9889); National Council on Alcoholism & Drug Dependence (256-8300); Rape Crisis Center (266-7711); UNM Center for Alcoholism, Substance Abuse and Addictions (CASAA) (768-0150); UNM Mental Health Center; Psychiatric Crisis Unit (272-2920 or 272-2800); Suicide Crisis-Emergency Telephone (247-1121);Vet Center Readjustment Counseling (766-5900)

Sexual Harassment

Sexual harassment constitutes an unacceptable and punishable offense at CNM.

Unwelcome sexual advances, requests for sexual favors and other verbal or physical conduct of a sexual nature constitute sexual harassment when:

• submission to such conduct is made either explicitly or implicitly a term or condition of an individual’s employment, grade or other classroom experience;
• submission to or rejection of such conduct by an individual is used as the basis for employment or academic decisions affecting such individual; or
• such conduct has the purpose or effect of unreasonably interfering with an individual’s work or academic performance or creating an intimidating, hostile or offensive working or learning environment.

Sexual harassment is distinguished from voluntary sexual relationships by the introduction of the elements of coercion and threat. Sexual harassment can involve a supervisor or employee and a student, or an instructor and a student, or two students. The three most common factors in sexual harassment are:

• unwelcome or offensive behavior;
• one-sided versus mutual interest; and
• an offender in a position of authority over the victim.

Sexual harassment can be:

• as blatant as the offer of a promotion, a grade or other academic reward in return for sexual favors; or
• as subtle as constant efforts to change a professional or academic relationship into a personal and social one.

Sexual harassment can include (but is not limited to):

• persistent and offensive personal jokes and comments; or
• unwanted physical contact (touching, patting, bumping or pinching); or
• displaying sexually oriented pictures.

As a student, you can do a great deal on your own to prevent or stop sexual harassment. The signals or feedback you give to another person can be very important. You should examine your own behavior and the reactions you get from others. If you believe you are being sexually harassed:

• Say “no” and mean it. Make clear to the offender that the behavior is unacceptable to you.
• Speak directly. Say something like this: “I’d like to keep our relationship strictly academic (or professional).”
• Take action even if you are uncertain about whether sexual harassment is taking place.

WHERE TO GO FOR HELP

Students with questions or complaints about sexual harassment involving another student should contact the Dean of Students in the Main Campus Student Services Center, telephone (505) 224-4342. Sexual harassment matters concerning a student and a CNM employee should be brought to the Human Resources Department, A Building, Main Campus, (505) 224-4600.

Military Duty Policy

This Student Policy on Military Duty shall apply to currently enrolled students at CNM who are 1) serving on active duty in the military and who receive orders transferring them to a duty station outside of the CNM District or prohibiting their continued enrollment at CNM or 2) are members of the New Mexico National Guard and/or reserves and are called to active duty. In such cases, CNM will follow the procedures listed below upon representation of official military orders by the affected student.

1. A student withdrawing from CNM prior to 80 percent completion of a term of any length will be withdrawn from class with no grade or enrollment penalties imposed. A full refund of tuition will be processed.
   • To withdraw the student must submit a copy of their official military orders for deployment and the CNM Military Deployment Form. This form may be obtained in the Registration Office at any CNM location and online at cnm.edu.
   • Once the Registration Office receives and processes the withdrawal form, the student then contacts the Cashiers Office at either the Main or Montoya Campus regarding a full refund of tuition. Tuition is refunded according to the original method of payment.
2. A student withdrawing after completion of 80 percent of a term of any length may receive full credit for each course in which he/she is enrolled provided the instructor certifies a grade of C or better for the course at the date of formal withdrawal. A student with a grade lower than a C will be withdrawn with no grade or enrollment penalties imposed and a full refund will be processed. After 80 percent completion of a term, a student must choose either a grade assignment or a tuition refund.
   • The student must confirm their choice by submitting a copy of their official military orders for deployment and the CNM Military Deployment Form. This form may be obtained in the Registration Office at any CNM location and online at cnm.edu.
   • If the student chooses a final grade for each course, the Registration Office will notify each instructor of the student’s deployment. The instructor will record a final grade as of the date the Registration Office receives notification or the date of deployment, whichever is sooner.
3. A student scheduled to graduate, who has completed 80 percent of the work in courses in which he/she is enrolled for that term, may be certified for graduation provided these courses would complete his/her degree or certificate.
   Students with questions regarding this policy should contact the Registration Office at any CNM location or call (505) 224-3214.
   Note: Annual military reserve training is not considered active duty and therefore, is ineligible for the CNM Military Duty Policy.

Disciplinary Policy and Procedures

Individuals may be denied admission to the institution; enrollment in courses and/or programs; and participation in certain CNM sponsored activities if it is determined that such access is likely to pose a serious threat to the safety of the applicant and/or members of the CNM community. Such determination would be made on a case by case basis by a review board under the guidance of the Dean of Students.

The Dean of Students will convene a review committee to decide if a student should not be admitted or should be withdrawn from CNM, an academic program, a course, or a CNM sponsored activity if information is available which suggests such admission, enrollment or participation is likely to pose a serious threat to the safety of the applicant and/or members of the CNM community. This committee would be facilitated by the Dean of Students. A minimum of five (5) regular members must be in attendance for a decision to be made. The Review Committee will consist of eight (8) members as defined below:

• Director or Associate Director of Academic Advisement and Career Development
• Director of Special Services
• Director of Risk Management
• Director or a Manager from Enrollment Services
• Two Deans or Associate Deans named by the Executive Vice-President of Academic Affairs
• Director or Manager from Security
• Dean of Students

The standard to be used by the review committee in making a determination: Would a reasonable person looking at the preponderance of information available to the committee determine that it is more likely than not that this person poses or will pose a serious threat to the safety of the CNM community? Review committee decisions will be made by a majority of the members present.

If the review committee decides to deny admission or to withdraw a student from a course, a program, a sanctioned activity, or from CNM, the Dean of Students will notify the student and the Director of Enrollment Services of the decision.

If a student or prospective student wants to appeal the decision of the committee, the process will be the same as in the Student Code of Conduct (See Appeal Process).

Rules Governing Classrooms/Labs

Children on Campus

Children (or other non-students) are not allowed to accompany adults to class or lab. All children who are under age 15 and are on CNM’s campus, must be accompanied by an adult at all times.

Electronic Devices

When students are in class or a lab, cellular telephones, pagers and beepers must be turned off or switched to silent or vibration mode. Electronic entertainment devises are to be turned off and headphones removed.

Dress

Students are expected to dress appropriately on campus at all times.

Smoking

Smoking is NOT allowed at any time in any CNM building. If smoking outside a building, do not congregate on walkways or in front of doors, do not block access to buildings and please be courteous of the rights of non-smokers on campus.

Animals on Campus

ADA and CNM policy allows service animals accompanying persons with disabilities to be on CNM campuses. Service animals must be registered as such through the Security Office and must be on a leash at all times.

Pets (domestic animals kept for pleasure or companionship) are not permitted in CNM facilities.

For further information regarding animals on campus, please refer to the Service Animal Policy (in the employee handbook) at cnm.edu.

Student Complaint Process

Occasionally, a student will encounter a problem on campus that he or she does not know how to resolve. When this happens, students should always try to work out the problem by first discussing it with those most involved with the issue. Dealing with concerns in the most direct and honest fashion should always be the first step toward resolution. It is quite astounding how many issues are settled or problems resolved, when a student makes an appointment with a faculty or staff member and calmly and honestly communicates their frustrations or concerns.

If however, an issue or problem still exists, there is a formal complaint process at CNM that students may initiate. All formal complaints must be put in writing using the official CNM Student Input Form. These forms are available in hardcopy in the department or schools, in the Dean of Students Office, or online.

When initiating a formal complaint, the following steps should be followed:

1. The student should first attempted to resolve the issue by speaking directly with the individual(s) or office(s) involved.
2. Complete and submit a CNM Student Input Form (these should be submitted online or to the department or school or Dean of Students).
3. When the complaint is received it will be forwarded to the appropriate individual to review and address the issue.
4. After your concern has been addressed, you will receive a letter from the appropriate department documenting the receipt and review of your complaint.

For more information on the student complaint process please check the CNM website where you will also find the Input Forms to be completed when you need to file a formal complaint.

Special Note: Sometimes CNM students find they are particularly pleased with how something has been handled for them, how they were assisted by a particular staff member, the positive experience they had in a specific class, or some other outstanding thing that happened to them at CNM. As a student you should know that the same Input Form that is used to lodge a concern can also be used to provide a written compliment or note of appreciation. In this case, the process for submitting the form is the same as for filing a formal complaint.

Disability Discrimination Complaint Procedure

1. SCOPE
   This procedure applies to all Central New Mexico Community College (CNM) students.
2. POLICY STATEMENT
   In accordance with the Americans with Disabilities Act (ADA), Section 504 of the Rehabilitation Act of 1973 and other applicable law, CNM takes appropriate action to ensure that its programs and services are readily accessible to qualified individuals with disabilities. No qualified individual with a disability shall, on the basis of the disability, be excluded from participation in, be denied the benefit of, or otherwise be subjected to discrimination related to any of the institution’s programs or activities.
   This procedure assists the college in carrying out its responsibilities in administering and enforcing applicable federal and state laws and university policies related to nondiscrimination on the basis of disability and investigation of complaints. Any student who feels he or she is the victim of discrimination on the basis of disability, should follow the complaint procedures outlined below. The college reserves the right to investigate any allegation of discrimination based on disability.
   Retaliation. CNM also investigates and resolves allegations of retaliation against individuals who have raised claims of discrimination based on disability or who have cooperated in an investigative process in some manner. Retaliation is an adverse action taken against an individual as a result of a complaint being filed or after the individual has cooperated with an investigative process. Retaliation is prohibited whether or not the charged party prevails in the original allegation of disability discrimination. No agent, employee or student of the college may harass, coerce, intimidate, or discriminate against an individual who has filed a complaint or participated in a complaint resolution process. Charges of retaliation will be treated as separate and distinct from the original charges and allegations, and will be investigated by the college.
3. FILING PROCESS
   Complaints must be filed with the Dean of Students Office. Complainants will be asked to complete a form describing the alleged discrimination. Assistance will be arranged, if needed.
   A complaint should be filed within 180 calendar days of the most recent incident of discrimination. CNM will consider requests to extend this period where the complainant can show he or she needed additional time due to circumstances beyond his or her control. The complainant will meet with a representative from the Dean of Students Office to discuss options (informal, formal) for proceeding with resolution of the complaint.
   The complainant is not required to follow the informal procedure before filing a formal complaint. The respondent (the individual accused of discrimination) will be notified of the complaint within 10 working days after it is filed.
   Options
   Informal. The Dean of Students may offer the complainant the opportunity to voluntarily discuss allegations and concerns with the respondent (the accused) and attempt to resolve the situation. The complainant is not required to do this to move forward with a formal complaint. The respondent is reminded that CNM expects all to adhere to our ADA policies. Respondent is put on notice that behavior has been questioned, and informal resolution sought, if possible. If informal attempts to resolve the situation are not successful, the complainant may pursue a formal complaint. The Dean of Students Office reserves the right to investigate any allegation brought forward if it finds sufficient information to indicate a serious or continuing violation of the ADA/ Sec. 504 policy.
   Witnesses or other evidence may be presented to the Dean of Students by the complainant or respondent.
   Formal. If the complainant elects to file a formal complaint, a full investigation is conducted by the Dean of Students Office complete with written findings to be given to the complainant and the respondent. If a violation is found, the Dean of Students Office will recommend corrective actions. These may include a directive to stop any ongoing discrimination or retaliation; disciplinary or other corrective action against the respondent or others; relief for the complainant to remedy the effects of the discrimination or retaliation; and any other action considered necessary to ensure that the discrimination will not be repeated.
   Appeal. The findings of a formal complaint investigation may be appealed in writing to the Director of Human Resources by the complainant or respondent within 10 working days of receipt of the Dean of Students’ determination. A party may appeal a decision based on discovery of new evidence previously unavailable or a significant irregularity in the procedural process which could affect the outcome of finding. The appellant should be as specific as possible in setting out the basis for appeal; general dissatisfaction with the decision will not be sufficient. The determination of the Director of Human Resources is final.
   At any time, prior to filing a complaint, or while a complaint proceeding is in progress, a complainant may file their complaint with an appropriate external agency. A complete list of agencies, along with contact information, is available from the Human Resources Office, 525 Buena Vista SE, Albuquerque, NM 87106. Phone (505) 224-4600.
   Time Line for Investigation Process
   The Dean of Students Office will complete its investigations as expeditiously as possible. The investigation shall normally be completed within 45 working days from the filing of a formal complaint, including written notification of the parties of the outcome of the investigation. In extraordinary circumstances, the Dean of Students Office may extend this time for a reasonable period. All parties will be notified if such an extension is necessary. Many factors can interfere with an investigative fact-finder’s commitment to complete a determination promptly, including unavailability of witnesses or the complexity of the issues involved. The Dean of Students Office will maintain contact with the Complainant and Respondent throughout the course of the investigation to keep them up to date on the process.
4. CONFIDENTIALITY
   The Dean of Students Office takes any allegation of discrimination, harassment, and/or retaliation seriously and is committed to protecting the integrity of the investigation process including confidentiality and the due process rights of all individuals. Note that all those involved (the respondent, the complainant, and the witnesses) have privacy interests. Therefore, outside the scope of the investigation, all parties are cautioned not to publicize or divulge the nature of the proceedings, or the identity of those involved.
5. RIGHT TO ADVISOR
   The complainant and the respondent each have the right to bring an advisor to any investigative meeting. If either party chooses to exercise this option, he or she shall submit the name of the advisor in writing to the Dean of Students Office at least 72 hours prior to a meeting. If either the complainant or the respondent’s advisor is a person degreed or qualified in law, the Dean of Students Office must be notified by the investigator.
6. RESPONSIBILITIES AND JURISDICTION OF THE DEAN OF STUDENTS OFFICE
   Consistent with federal and state laws and university policies related to nondiscrimination, the Dean of Students Office investigates complaints of unlawful discrimination and/or harassment on the basis of physical or mental disability. The Dean of Students Office will make an adequate, reliable and impartial investigation of such complaints at CNM and render a written determination following such investigations.
   Transfer of Function
   If a complaint, whether informal or formal, is directed against the Dean of Students Office, the functions assigned to that Office by these procedures will transfer to the Human Resources Department. If a complaint, whether informal or formal, is directed against the Human Resources Department, the functions assigned to the Department by these procedures will transfer to the Office of the President or the President’s designee.