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SEXUAL ASSAULT POLICY

Approved by the President 10/7/95

I. PURPOSE OF POLICY
  This policy provides for The University of New Mexico main and branch campuses:
  A. A description of educational programs to promote the awareness of rape, acquaintance rape, and other forcible and non-forcible sex offenses.
  B. Procedures students should follow if a sex offense occurs, including procedures concerning who should be contacted, the importance of preserving evidence for the proof of a criminal offense, and to whom the alleged offense should be reported.
  C. Information on a student's option to notify proper law enforcement authorities, including on-campus and local police, and a statement that institutional personnel will assist the student in notifying these authorities, if the student requests the assistance of these personnel.
  D. Notification to students of existing on and off campus counseling, mental health, or other student services for victims of sex offenses.
  E. Notification to students that the institution will change a victim's academic and living situations after an alleged sex offense and of the options for those changes, if requested by the victim and reasonably available.
  F. Procedures for campus disciplinary action in cases of an alleged sex offense, including a clear statement that:
    1. The accuser and the accused are entitled to the same opportunities to have others present during a disciplinary proceeding.
    2. Both the accuser and accused shall be informed of the final determination of a disciplinary proceeding with respect to the alleged sex offense and any sanction that is imposed against the accused.
    3. Sanctions the institution may impose following a final determination of an institutional disciplinary proceeding regarding rape, acquaintance rape, or other forcible or non forcible sex offenses.
II. DEFINITION OF SEX OFFENSES
  The University of New Mexico main campus and branch campuses adopt, for the purpose of this policy, the following definitions for sex offenses as prescribed by The Student Right to Know and Campus Security Act:
  Sex Offense - Forcible
  A. Forcible rape - The carnal knowledge of a person, forcibly and/or against that person's will; or not forcibly or against the person's will where the victim is incapable of giving consent because of his/her temporary or permanent mental or physical incapacity (or because of his/her youth).
  B. Forcible sodomy - Oral or anal sexual intercourse with another person, forcibly and/or against that person's will; or not forcibly against the person's will where the victim is incapable of giving consent because of his/her youth or because of his/her temporary or permanent mental or physical incapacity.
  C. Sexual assault with an object - The use of an object or instrument to unlawfully penetrate, however slightly, the genital or anal opening of the body of another person, forcibly and/or against that person's will; or not forcibly or against the person's will where the victim is incapable of giving consent because of his/her youth or because of his/her temporary or permanent mental or physical incapacity.
  D. Forcible fondling - The touching of the private body parts of another person for the purpose of sexual gratification, forcibly and/or against that person's will; or not forcibly or against the person's will where the victim is incapable of giving consent because of his/her youth or because of his/her temporary or permanent mental or physical incapacity.
  Sex Offense - Non-forcible
  Unlawful, non-forcible sexual intercourse.
  A. Incest - Non-forcible sexual intercourse between persons who are related to each other within the degrees wherein marriage is prohibited by law.
  B. Statutory Rape - Non-forcible sexual intercourse with a person who is under the statutory age of consent.
III. EDUCATIONAL PROGRAMS
  The University of New Mexico recognizes the harm caused by sexual assault and the need to educate the University community regarding this issue. The University offers the following educational program services:
  A. Main Campus
    1. Albuquerque Rape Crisis Center
1025 Hermosa S.E.
505-266-7711
The Albuquerque Rape Crisis Center, which is affiliated with The University of New Mexico, maintains a 24 hour a day crisis telephone service and has counselors available to provide immediate assistance to victims of sex offenses. The center also provides educational programs to campus and community groups.
    2. UNM Health Education
Student Health Center
505-277-7947
Health Education provides workshops and educational programs concerning sexuality, sexual decision-making and relationships
    3. Peer Education in Personal Sexuality Issues (P.E.P.S.I.)
Student Health Center
505-277-7947 or 505-277-6138
The P.E.P.S.I. program, under the direction of Health Education, provides educational programs and peer counseling regarding sexuality issues.
    4. UNM Women's Center
1160 Mesa Vista Hall
505-277-3716
The Women's Center offers a variety of programs regarding gender and sexuality issues. Staff at the center also provide support to victims of sexual offenses and provide mental health referrals for UNM students.
    5. UNM Police Department
2500 Campus NE
505-277-2241
The UNM Police Department conducts programs regarding campus safety and crime prevention to the University community.
    6. UNM Police Department Victim Assistance Office
2500 Campus NE
505-277-5975 or 505-277-2241
The Victim Assistance Office of the UNM Police Department conducts programs regarding campus safety and crime prevention to the University community and provides support and assistance to victims of crimes including victims of sex offenses.
    7. Office of Residence Life
208 La Posada Hall
505-277-8230
The Office of Residence Life coordinates programming for residence hall students including programs addressing sexuality, relationship and safety issues. The office also administers a Residence Life discipline system which addresses misconduct b
y residence hall students which occurs in the residence halls.
    8. Office of Student Activities
105 Student Union Building
505-277-3361
The Office of Student Activities coordinates various programs for student organizations including fraternities and sororities, which address sexuality, relationships and sexual assault issues.
    9. Dean of Students Office
280 Student Services Center
505-277-3361
The Dean of Students Office coordinates New Student Orientation which includes programs addressing sexuality, relationships, and sexual assault issues. A staff member from the office chairs the Campus Safety Committee which coordinates various educational programs regarding campus safety and crime prevention. The Dean of Students Office also administers the enforcement of the Student Code of Conduct and Visitor Code of Conduct, including resolving sexual offense allegations under these policies.
IV. PROCEDURES STUDENTS SHOULD FOLLOW IF A SEX OFFENSE OCCURS
  The University's Student Code of Conduct and Visitor Code of Conduct, which apply to the main and all of the branch campuses and educational centers, expressly forbid the commission of sexual assault including rape. A student who is a victim of such an offense may pursue charges against the perpetrator under these policies. It is important for victims of sex offenses to understand the steps to take in order to preserve evidence as it may be necessary in the proof of sexual assault in the criminal process and the student discipline system. Victims should not bathe, shower, wash, douche, brush one's teeth, comb one's hair or change clothes before seeking medical attention. Important evidence may be on the victim's body and/or clothes. This evidence can be collected during the medical examination.
  A. Main Campus
    1. A student who is the victim of a sex offense on campus or at a University sponsored or sanctioned activity should immediately contact the University Police Department at 505-277-2241 if calling from off-campus and 911 if calling from on-campus to report the incident. A student who is the victim of a sex offense off-campus should immediately contact the Albuquerque Police Department by dialing 911.
      The Police Department called will contact the Albuquerque Rape Crisis Center to have a counselor meet the student and responding police officer at the appropriate medical facility. The Rape Crisis Center may be contacted directly by calling 505-266-7711.
      The University recognizes the need for victims of sex offenses to have a caring and knowledgeable support person available to discuss their situation with, assist them in receiving appropriate medical attention and filing appropriate criminal charges. The University, including the University Police Department, works closely with the Albuquerque Rape Crisis Center in providing this assistance. In addition, the University Police Department will contact its own Victim Assistance Coordinator who will meet with the student reporting the offense and provide assistance throughout the judicial process.
    2 The University's Student Code of Conduct and Visitor Code of Conduct expressly forbid the commission of sexual assault including rape. A student who is a victim of such offenses may pursue charges against the perpetrator under these policies. In cases where the University Police Department has been contacted, the Victim Assistance Coordinator will work with the victim and the Dean of Students Office regarding the University taking disciplinary action against the perpetrator under these policies. The Dean of Students Office is also available to assist victims of sex offenses in making appropriate accommodations in their academic and living arrangements.
  E Santa Fe Graduate Center
    1. All victims of sexual assault will be assisted by University staff in contacting appropriate legal authorities and service agencies. Victims are strongly encouraged to report incidents of sexual assault to the Santa Fe County Sheriff's Department (505-986-2455). Students may contact the UNM-Santa Fe Administrative Office (505-438-1234) for assistance in contacting law enforcement authorities and/or service agencies.
    2. The University's Student Code of Conduct and Visitor Code of Conduct expressively forbid the commission of sexual assault including rape. A student who is a victim of such offenses may pursue charges against the perpetrator under these polices. The Santa Fe Administrative Office is also available to assist victims of sex offenses in making appropriate accommodations in their academic and living arrangements.
      The victim is also encouraged to contact The Santa Fe Rape Crisis Center, Inc. They provide immediate, confidential, and appropriate care for victims of sexual assault, including a 24 hour intervention line (505-986-9111), medical and legal advocacy; ongoing individual, group and family therapy for children and adults; education and prevention services for schools and community; referral for special services and forensic interview in facilities.
  F. Taos Education Center
    1. A student who is the victim of a sex offense on campus or at a University sponsored or sanctioned activity should immediately contact the Taos Police Department (505 758-2216 or 911) to report the incident.
    2. The University's Student Code of Conduct and Visitor Code of Conduct expressively forbid the commission of sexual assault including rape. A student who is a victim of such offenses may pursue charges against the perpetrator under these policies. The Student Services Office is available to assist victims of sex offenses in making appropriate accommodations in their academic and living arrangements.
V. NOTIFICATION OF LAW ENFORCEMENT
  A. Main Campus
    All victims of sex offenses will be assisted by University staff in contacting appropriate legal authorities and service agencies. Victims are strongly encouraged to report incidents to the University Police Department (505-277-2241) for criminal action. If the offense occurred on property outside the jurisdiction of the University, the University Police Department will assist the student in contacting the law enforcement agency which has jurisdiction and provide support to the victim through the Victim Assistance Office. Students may contact the Dean of Students Office (505-277-3361) for assistance in contacting law enforcement authorities and service agencies.
  E. Santa Fe Graduate Center
    All victims of sexual assault will be assisted by University staff in contacting appropriate legal authorities and service agencies. Victims are strongly encouraged to report incidents of sexual assault to the Santa Fe County Sheriff's Department (505-986 2455). Students may contact the UNM-Santa Fe Administrative Office (505-438-1234) for assistance in contacting law enforcement authorities and/or service agencies.
  F. Taos Education Center
    All victims of sexual assault will be assisted by University staff in contacting appropriate legal authorities and service agencies. Victims are strongly encouraged to report incidents of sexual assault to the Taos Police Department (505-758-2216). Students may contact the Student Services Office (505-758-7667) for assistance in contacting law enforcement authorities and/or service agencies.
VI. COUNSELING AND ASSISTANCE SERVICES
  A. Main Campus
    1. Albuquerque Rape Crisis Center
1025 Hermosa S.E.
505-266-7711
The Albuquerque Rape Crisis Center, which is affiliated with The University of New Mexico, maintains a 24 hour a day crisis telephone service and has counselors available to provide immediate assistance to victims of sex offenses. Counselors will assist victims with the criminal process.
    2. UNM Police Department Victim Assistance Office
2500 Campus NE
505-277-5975 or 505-277-2241
The Victim Assistance Coordinator responds to the scene of any reported sex offense, provides emotional support and assistance to the victim of a sex offense, including assisting with the criminal process.
    3. Dean of Students Office
280 Student Services Center
505-277-3361
      The Dean of Students Office will assist victims of sex offenses with changes in their academic and living situation after an alleged sex offense.
    4. Victim Impact Program
Office of the District Attorney
2nd Judicial Circuit
111 Union Square S.E.
505-841-7527
The District Attorney's Victim Impact Program provides assistance to victims of all crimes including sex offenses. Advocates in this office assist victims in dealing with the criminal system and securing financial and other assistance due to victims under the law.
    5. Student Mental Health Student Mental Center
505-277-4537 or 505-277-5718
Student Mental Health provides low cost short-term counseling and referral services to UNM students, including victims of sex offenses.
    6. UNM Women's Center
1160 Mesa Vista Hall 505-277-3716
The Women's Center provides short-term counseling and referral services to UNM students, including victims of sex offenses.
    7. AGORA Crisis Center
Student Union Basement
505-277-3013 The AGORA Crisis Center provides confidential peer support and referrals to any student needing to talk about a personal problem.
    8. Office of Residence Life
208 La Posada Hall
505-277-8230
    9. Emergency Desk, Student Residence Center
505-277-9203
Residence Life Area Coordinators and Residence Advisors are available to assist students living in Residence Halls with any problems they are encountering, including providing short term counseling and referral. The Emergency Desk at the Student Residence Center is staffed 24 hours a day.
  E. Santa Fe Graduate Center
    1. Santa Fe Rape Crisis Center, Inc.
P.O. Box 16346
Santa Fe, NM 87506
505-986-9111
The Santa Fe Rape Crisis Center, Inc. provides immediate, confidential, and appropriate care for victims of sexual assault, including a 24 hour a day intervention line (505-986 9111) medical and legal advocacy; ongoing individual, group and family therapy for children and adults; education and prevention services for schools and community; referral for special services and forensic interviewing facilities.
  F. Taos Education Center
    1. Community Against Sexual & Domestic Violence - CASDV 
214 A Montoya St.
Taos, NM 87571
505-758-8082 505-758-9888
CASDV maintains a 24 hour a day crises hot line and has counselors available to provide immediate assistance to victims. They also provide referrals, medical and legal advocacy and assist with medical expenses.
    2. Taos County/Social Services
Mary Medina Building
Corner of Cruz, Alta & Gusdorf
Taos, NM 8757
1 505-758-8871
This agency offers adult/child protection and emergency housing.
    4. Taos County Health Office
Court House
Albright St.
Taos, NM 87571
505-758-2073
    5. Holy Cross Hospital
1397 Weiner Rd.
Taos, NM 87571
505-758-8883
    6. Taos Police
107 Civic Plaza Dr.
Taos NM 87571
758-2216 or 911
VII. CHANGE IN VICTIM'S ACADEMIC AND LIVING SITUATION
  A. Main Campus
    The University will change a victim's academic and living situation after an alleged sex offense if those changes are requested by the victim and reasonably available. Possible changes include:
    1. Arranging for extension of class assignment and examination due dates.
    2. Assisting the victim in dropping courses or withdrawing from the University without academic or financial penalty if that is the victim's wish.
    3. Arranging for the victim to move from one on-campus housing location to another. Specific requests for such changes should be directed to the Dean of Students Office (505-277-3361).
  E. Santa Fe Graduate Center
    The Santa Fe Graduate Center will change a victim's academic situation after an alleged sexual offense if those changes are requested by the victim and reasonably available. Possible changes are the same as those indicated for the main campus. Specific requests for such changes should be directed to the Campus Administrative Office (505-438-1234).
  F. Taos Education Center
    The Taos Education Center will change a victim's academic situation after an alleged sexual offense if those changes are requested by the victim and reasonably available. Possible changes are the same as those indicated for the main campus. Specific requests for such changes should be directed to the Student Service Office (505-758-7667).
VIII. PROCEDURES FOR CAMPUS DISCIPLINARY ACTION
  The University of New Mexico's Student Code of Conduct and Visitor Code of Conduct, which apply to the main campus and all branch campuses and educational centers, prohibit "any form of sexual assault including rape."
  A. Main Campus
    On main campus the Student and Visitor Codes of Conduct are administered by the Dean of Students Office. The University's Residence Hall policies also prohibit sex offenses. The Office for Residence Life administers a disciplinary system which addresses misconduct of residence hall students which occurs in the residence halls. A person who is a victim of a sex offense committed by a student, or a student who is a victim of a sex offense committed by a visitor to the University has the option of pursuing charges against the alleged perpetrator of the offense under the relevant Code of Conduct.
    Victims of sex offenses are encouraged to report them to the appropriate law enforcement authorities and to meet with the University's Student Discipline Officer in the Dean of Students Office to discuss pursuing charges under the relevant policy.
    A victim of a sex offense is permitted and encouraged to be accompanied at that meeting by a support person of their choice. Counselors from the Albuquerque Rape Crisis Center, Student Mental Health, UNM Police Department Victim Assistance Program, Women's Center and the District Attorney's Victim Impact Program are available to accompany and assist the victim of a sex offense throughout the University's disciplinary process.
    Under the University's Student Grievance Procedure and Residence Life Disciplinary Policies, the alleged victim of a sex offense and the alleged perpetrator are entitled to the same opportunities to have others present as advisors during disciplinary proceedings. Both the alleged victim and alleged perpetrator will be informed of the final determination of a disciplinary proceeding with respect to the alleged sex offense and any sanction that is imposed on the accused. As described in The University's Student Grievance Procedure alleged victims in student disciplinary proceedings have rights which are protected throughout the discipline process. These rights are:
    1. The right to have a person of their choice accompany them throughout their participation in the discipline process.
    2. The right to submit a victim impact statement to the hearing officer or committee.
    3. The right to have past irrelevant behavior excluded from the hearing determination. Because of the serious nature of the action, victims of sexual or physical assault also have these additional rights:
    4. With a recommendation from a licensed mental health counselor, victims may testify from another room as long as it does not infringe upon the accused student's right to confront and question witnesses.
    5. The right to be notified in writing of the final determination and any sanctions imposed as a result of the discipline process once a confidentiality agreement is signed.
    6. The right to be informed of options to notify law enforcement authorities on and off campus as to the incident and to be assisted in doing so by campus officials.
    7. The right to be informed of the option for any available assistance in making reasonable changes in academic and on campus living situations.
    8. The right to be notified of existing counseling, mental health or student services for victims of physical or sexual assault.
    The specific procedures by which Student and Visitor Code of Conduct Violations are resolved can be found in the Student Grievance Procedure published in The University of New Mexico Pathfinder.
  E. Santa Fe Graduate Center
    Violations of the Student and Visitor Codes of Conduct at the Santa Fe Graduate Center are referred to the Dean of Students Office on Main Campus to be handled in the same manner as already described for Main Campus. Victims retain the same rights as those enumerated for the Main Campus. The phone number for Main Campus Dean of Students Office is 505-277-3361.
  F. Taos Education Center
    Violations of the Student and Visitor Codes of Conduct at the Taos Education Center are administered by the Student Services Office (505-758-2216).
    A person who is a victim of a sex offense committed by a student, or a student who is a victim of a sex offense committed by a visitor to the center has the option of pursuing charges against the perpetrator of the offense under the relevant Code of Conduct. Victims of sex offenses are encouraged to report them to the Taos Police Department (505 758-2216 or 911) and to the CASDV Office (505-758-8082). Information regarding pursuing charges under the Student or Visitor Code of Conduct may be obtained by contacting the Student Services Office (505-758-7667).
    A victim of a sex offense is permitted and encouraged to be accompanied at meetings with University officials by a support person of their choice. This support person may accompany and assist the victim throughout the University's disciplinary process.
    Under the University's Student Grievance Procedure, the alleged victim of a sex offense and the alleged perpetrator are entitled to the same opportunities to have others present as advisors during disciplinary proceedings. Both the alleged victim and alleged perpetrator will be informed of the final determination of a disciplinary proceeding with respect to the alleged sex offense and any sanction that is imposed on the accused.
    Victims in student disciplinary proceedings, and victims of sexual assault have the same rights that have been enumerated for the Main Campus.
    The specific procedures by which Student and Visitor Code of Conduct violations are resolved can be found in the University of New Mexico Pathfinder.
IX. SANCTIONS
  Under the University's Student Code of Conduct which applies to the main and all of the branch campuses and educational Centers, a student who commits a violation of this Code, including a sex offense, is subject to the following possible sanctions:
  1. Verbal warning - means an oral reprimand.
  2. Written warning - means a written reprimand.
  3. Disciplinary probation - means the establishment of a time period during which further acts of misconduct may or will result in more severe disciplinary sanctions depending upon the conditions of the probation. Conditions of probation can include community service, attendance at workshops and/or seminars including but not limited to alcohol, drug or safety workshops and/or seminars, mandatory mental health evaluation and/or counseling or other educational sanctions.
  4. Suspension - means losing student status for a period of time specified in the terms of the suspension. A suspension may commence immediately upon a finding of a violation or it may be deferred to a later time.
  5. Expulsion - means losing student status for an indefinite period of time. Readmission may not be sought before the expiration of two years from the date of expulsion, and it is not guaranteed even after that time.
  6. Dismissal - means termination of student employment, either for a stated time period or indefinitely.
  7. Barred from campus - means being barred from all or designated portions of The University property or activities.
  Students living in the residence halls are subject to the following possible sanctions for misconduct occurring in the residence halls:
  1. Verbal warning - means an oral reprimand.
  2. Written warning - means a written reprimand.
  3. Specific probation - means the establishment of a time period during which specific acts of misconduct may or will result in more severe disciplinary sanctions depending upon the conditions of the probation. Conditions of probation can include community service, attendance at workshops and/or seminars including but not limited to alcohol, drug or safety workshops and/or seminars, mandatory mental health evaluation and/or counseling or other educational sanctions.
  4. General probation - means the establishment of a time period during which any acts of misconduct may or will result in more severe disciplinary sanctions depending upon the conditions of the probation. Conditions of probation can include community service, attendance at workshops and/or seminars including but not limited to alcohol, drug or safety workshops and/or seminars, mandatory mental health evaluation and/or counseling or other educational sanctions.
  5. Housing reassignment - means the transfer of the student from one dorm room to another or one residence hall to another.
  6. Restricted from entry into specific residence halls, dining hall, commons building, etc.
  7. Contract termination - means the termination of the housing contract either for a stated period of time or indefinitely. Students placed on residence hall probation or who have their contracts cancelled will have their conduct case sent to the Dean of Students Office for review/records purposes. Students violating residence hall policies may also be referred to the Dean of Students Office for additional disciplinary review under the Student Code of Conduct.
  Under the University's Visitor Code of Conduct which applies to the main and all branch campuses and educational Centers, a visitor who commits a violation of this Code, including a sex offense, is subject to the following possible sanctions:
  1. Verbal Warning - means an oral reprimand.
  2. Written Warning - means a written reprimand.
  3. Probation - means the establishment of a time period during which further acts of misconduct may or will result in more severe sanctions depending on the conditions of the probation.
  4. Removal from campus means being physically escorted or forcibly removed to a location off property owned or controlled by The University, by University Police Officers or other University agents.
  5. Barred from campus - means being barred from all or designated portions of University property or activities.
  6. The sanctions of denial of admission, readmission or employment by the University.
  7. Additionally or alternatively, any sanction applicable to a student under the Student Code of Conduct may be provisionally applied to a visitor, to be made effective should the visitor ever enroll or re enroll at the University.

 

 

 



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