MSC03 2210
Student Union, 1018
1 University of New Mexico
Albuquerque, NM 87131
Phone: (505) 277-4706
Fax: (505) 277-2987
sac@unm.edu
This policy has been approved by the Faculty Senate 3/10/87, ASUNM Senate 4/1/87, GSA Senate 5/2/87 and by the Board of Regents 8/11/87.
Revisions approved by the Faculty Senate in May 1994, by the President in May 1995. Revisions approved by the President March 5, 1999.
Revisions approved by the President June 19, 2001.
Subject to Change Without Notice
1.1. General
The UNM Student Grievance Procedure is intended to provide procedures for the resolution of disputes between students and faculty or staff of the University, as well as procedures for handling student disciplinary matters. The following categories of disputes or disciplinary matters are provided for in the sections indicated. Any question about these procedures should be directed to the Office of the Dean of Students.
1.2. Academic Disputes
Disputes arising within the academic process shall follow the procedures set forth in Article 2, unless they involve allegations of academic dishonesty (handled under Article 3).
1.3. Disciplinary Matters
Disciplinary proceedings brought against students, other than allegations of academic dishonesty, shall be handled under the procedures set forth in Articles 4 and 5.
1.4. Academic Record Disputes
Students seeking retroactive withdrawal, enrollment, or disenrollment or for other academic record changes, shall follow the procedures set forth in Article 8.
1.5. Law School and Health Science Center.
Disputes involving students of the Schools of Law or Medicine shall be handled under these procedures as modified in Article 9.
1.6. Branch Colleges
Student grievances or disciplinary matters arising on the branch colleges shall be handled under the Student Grievance Procedures and Student Disciplinary Procedures in effect on those campuses.
1.7. Discrimination Disputes
Grievances alleging discrimination based on race, color, religion, national origin, physical or mental disability, age, sex (including sexual harassment), sexual preference, ancestry or medical condition should be directed to the UNM Office of Equal Opportunity.
1.8. Other Matters Not Included Under These Procedures
1.8.1. Disputes involving access to or information in a student's educational records shall follow procedures set forth in the UNM Student Records Policy, published in the Pathfinder.
1.8.2. Grievances arising out of a student’s status as a University employee hired through the Student Employment Office shall follow procedures set forth in the UNM Student Employee Grievance Procedure, published in the Pathfinder.
1.8.3. Disputes involving matters occurring in the Residence Halls shall follow the procedures set forth in the Residence Hall Handbook in addition to this procedure.
1.8.4. Any student grievances concerning decisions made by University personnel, outside the academic process, for which specific procedures are not established, shall be resolved between the student and the office or department involved. If no resolution is reached the parties may appeal to the appropriate dean or director and then to the appropriate Vice President. Appeals should be filed in writing within one week of the decision.
1.8.5. Resolution of disputes of an academic nature initiated by graduate students shall follow the Graduate Student Grievance Procedures. Disputes arising from a graduate student’s status as a graduate assistant shall follow procedures in the Faculty Handbook.
1.8.6. Disputes transferred, referred, or appealed to the Student Conduct Committee pursuant to other official UNM procedures shall be heard by the Committee under the applicable articles of this procedure.
1.9. Reasonable deviations from these procedures by UNM will not invalidate a decision or proceeding unless significant prejudice results.
1.10. This Procedure may also be used to handle violations of the Visitor Code of Conduct by visitors to the campus who are not students, faculty, staff or Regents. For such cases, references to "students" in this Procedure shall be taken to refer to "visitor" and references to "Code of Conduct" or "Student Code of Conduct" shall be taken to refer to the "Visitor Code of Conduct."
2.1. Scope
This section sets forth the procedures which should be followed by a student who believes that he or she has been unfairly or improperly treated by a faculty member or by administrative staff in connection with the academic process. For example, it applies to disputes over assignment of grades, decisions about program or degree requirements or eligibility, or claims that course requirements are unfair.
2.2. Informal Resolution
2.2.1. The student should first try to resolve the grievance informally by discussing the grievance with the faculty or staff member as soon as reasonably possible after the student becomes or should become aware of the matter. If the student and faculty or staff member cannot reach agreement, the student should discuss the grievance with the chairperson of the department or division or with the staff member's supervisor. If the grievance is still not resolved, the student should discuss the grievance with the appropriate Dean. When the dispute arises from a particular course, the appropriate Dean is the Dean of the college offering the course.
2.2.2. In these informal discussions, the chairperson, supervisor, or Dean is encouraged to mediate the dispute actively. In particular he or she should talk to both the student and the faculty or staff member, separately or together, and should examine any relevant evidence, including any written statements the parties wish to submit.
2.2.3. These informal discussions shall be completed within four weeks after the student becomes or should become aware of the matter.
2.3. Formal Appeals of Academic Matters
If the informal discussions do not resolve the grievance, the student may bring a formal appeal using the procedures set forth in the following sections. This appeal process shall begin within one week following the informal discussions.
2.3.1. The student shall make a written complaint to the appropriate Dean, as defined in Section 2.2.1. The complaint shall describe the grievance, including a statement of what happened, and the student's reasons for challenging the action or decision. The complaint shall also describe the student's attempts to resolve the grievance informally. The student may attach copies of any relevant documents. The student shall send copies of the complaint to the faculty or staff member and his or her chairperson or supervisor. The faculty or staff member shall have two weeks to respond in writing to the Dean.
2.3.2. In deciding the appeal, the Dean shall receive and review any written evidence or statements submitted by the parties, and shall provide both parties the opportunity to review and respond to all evidence. The Dean shall interview each party and may interview other persons with relevant information. In his or her discretion, the Dean may decide to hold an informal hearing involving both parties and any witnesses. Where the dispute primarily concerns factual questions, rather than matters of academic judgment, the Dean should normally hold such a hearing. If a hearing is to be held, the Dean will give the parties five days notice. The student and/or faculty member shall be allowed to bring an advisor to the hearing, but legal counsel shall not be permitted. Cross-examination of witnesses shall be permitted, but the Dean may require that questions be directed through the Dean.
2.3.3. The Dean in his or her discretion may convene an advisory committee to hold a hearing or otherwise help him or her evaluate the dispute. For this purpose the Dean may utilize a standing committee appointed within the Dean's college.
2.3.4. The Dean shall issue a written decision explaining his or her findings, conclusions, and reasons for the decision. The decision shall be sent to each party, and to the chairperson or supervisor of the faculty or staff member. The decision shall be made within three weeks after the complaint is filed, unless an informal hearing is held, in which case the decision shall be made within four weeks.
2.3.5. Either party may appeal the Dean's decision within two weeks to the Provost. The Provost or his or her designee shall resolve the grievance utilizing any procedures available to the Dean set out above.
2.3.6. The chairperson, Dean, or Provost shall not overrule a faculty member's academic judgment. However, upon the student's request, the decision in the case shall be included in his or her student folder, on file in the Records Office.
2.3.7. The Provost in his or her discretion may refer the matter to the Faculty Ethics and Advisory Committee for consideration of disciplinary action against the faculty member involved, if such action appears warranted.
3.1. Scope
This section sets forth procedures which shall be followed in cases of suspected academic dishonesty. These procedures are not exclusive; various University departments and programs may have additional policies and procedures on academic dishonesty.
Academic dishonesty is defined in the Policy on Academic Dishonesty.
3.2. Academic Dishonesty within Courses: Faculty-Imposed Sanctions
3.2.1. When a violation of the academic dishonesty rules appears to have occurred within the academic process, the faculty member shall discuss the apparent violation with the student as soon as possible and give the student an opportunity to explain. After this discussion, the faculty member may impose an appropriate sanction within the scope of the academic activity, such as grade reduction and/or involuntary withdrawal from the course. The faculty member shall notify the student of the academic sanction. The faculty member should contact the Dean of Students Office to see if there are any prior incidents of academic dishonesty on file for that student. Such information should assist the faculty member in deciding whether to refer the case to the Dean of Students Office for disciplinary action beyond the faculty imposed-sanction.
3.2.2. The faculty member should report the matter in writing to the Dean of Students Office using the faculty adjudication form provided by that office, and indicate if he/she wishes the Dean of Students Office to pursue any additional disciplinary action against the student. A copy of such report shall be sent by the Dean of Students Office to the student.
3.2.3. The student may challenge a faculty-imposed sanction through the formal academic appeals process, set forth in Article 2. The student may appeal the decision of the Dean of the College to the Provost, as provided in Section 2.3.5. At the student's request, the Dean of the College and/or Provost shall hold an informal hearing as provided in Section 2.3.2. At such hearing, the student will be given a fair opportunity to explain the matter and, if the student desires, present witnesses with pertinent information or other evidence. The student may have the final decision included in his or her student folder, on file in the Records Office.
3.3. Academic Dishonesty in Other Settings
When academic dishonesty occurs other than in connection with a course, the person who observes or discovers the apparent violation shall transmit in writing to the Dean of Students a statement describing the occurrence. A copy shall be sent to the student. The Dean of Students shall determine the sanction following the procedures set forth in Section 3.4. This subsection does not apply to applicants who have not been admitted to the University.
3.4. Sanctions Imposed by the Dean of Students
3.4.1. Upon receiving a report of academic dishonesty from a faculty member pursuant to Section 3.2.2, or from other University staff pursuant to Section 3.3, the Dean of Students may, after considering the recommendation of the faculty member, if any, initiate additional disciplinary action in accordance with the procedures given in Article 4 and Article 5. A decision of either the Student Conduct Committee or the Judicial Affairs Specialist shall, however, be appealable to the Provost, rather than to the Dean of Students or the Vice President for Student Affairs.
4.1. Prohibited Conduct
The University may take disciplinary action against a student for a violation of the Student Code of Conduct when the offense occurs on University premises or at a University-sponsored event, or when the violation occurs off campus and failure to take disciplinary action is likely to interfere with the educational process or the orderly operation of the University, or endanger the health, safety or welfare of the University community. The term "student" includes both full-time and part-time students pursuing undergraduate, graduate or professional studies. Student status continues for the entire period of enrollment, including University holidays, class breaks and summer session, if the student is enrolled for the preceding spring and following fall academic terms.
The University may take disciplinary action for a violation of the Visitor Code of Conduct when the offense occurs on University premises, as part of a University-sponsored event or in connection with University activities. "Visitor" means a person who is not a Regent or a student and is not employed by the University.
4.2. Referral of Misconduct to Dean of Students Office
4.2.1. Allegations of misconduct in violation of the Code of Conduct should be referred to the Dean of Students Office which has primary authority to deal with disciplinary matters.
4.2.2. Upon referral, or upon his or her own initiative, the Judicial Affairs Specialist may review relevant evidence and consult with the person referring the allegation, the student accused, and any witnesses. The Judicial Affairs Specialist will send written notification to the accused student indicating the nature of the activity in which the student was allegedly involved, and what University rules were allegedly violated. The student will be given the opportunity to meet with the Judicial Affairs Specialist to respond. If the student fails to meet with the Judicial Affairs Specialist, the Specialist may decide the charges based upon the information available and/or place a hold on the students registration. The accused student will also be offered one or more of the following options to resolve the charges (either the third or fourth option will always be offered). If a student fails to select a hearing process, the Judicial Affairs Specialist will conduct an informal hearing under Section 4.2.2.2. The options for resolving the charges are:
4.2.2.1. An agreement to participate in a mediation process. This option is reserved for situations where all relevant parties in an incident agree to have a conflict resolved through mediation and sign an agreement to mediate. If all parties agree to this process and mediation is successful, a formal finding will not be issued with regard to the Code of Conduct charges. However, failure to fulfill the terms of a final mediation agreement could lead to reactivation of these charges and additional disciplinary action.
4.2.2.2. An informal hearing with the Judicial Affairs Specialist. This option allows the party to present evidence to the Judicial Affairs Specialist for consideration and suggest witnesses that the Judicial Affairs Specialist may consider interviewing before a decision is rendered. The Judicial Affairs Specialist may contact other individuals who have knowledge about the incident giving rise to the charges. The party waives the right to question such individuals or otherwise participate in an evidentiary hearing. Informal hearings are not tape recorded. Within three weeks of this hearing, the Judicial Affairs Specialist will send the party charged a letter which indicates the finding in the case and any disciplinary sanction imposed. The Judicial Affairs Specialist may find the party charged not responsible for violating the Code of Conduct, or may find the party responsible and impose a disciplinary sanction in accordance with Section 4 of the Code of Conduct.
4.2.2.3. A formal hearing with the Judicial Affairs Specialist. This option allows the party to respond to the charges, present witnesses on his or her own behalf and question witnesses. Formal hearings are tape-recorded. Within three weeks of this hearing, the Judicial Affairs Specialist will send the party charged a letter which indicates the finding in the case and any disciplinary sanction imposed. The Judicial Affairs Specialist may find the party charged not responsible for violating the Code of Conduct, or may find the party responsible and impose a disciplinary sanction in accordance with Section 4 of the Code of Conduct.
4.2.2.4. A formal hearing with the Student Conduct Committee conducted in accordance with the procedures outlined in Article 5 and 6.
4.2.3. When a case involves Code of Conduct charges against more than one party, the Judicial Affairs Specialist or the administrator of the Student Conduct Committee, depending upon the forum selected, has the option of holding one hearing to resolve charges against all parties. If, however, an accused student wants a separate hearing, one will be provided.
4.2.4. If a party charged with a violation of the Code of Conduct, regardless of which primary judicial body may hear the matter, wishes to have the hearing postponed because there is pending or possible civil or criminal litigation which he/she feels might be prejudiced by the findings of the hearing, such postponement may be granted at the discretion of the Dean of Students, provided that the student agrees to accept conduct probation or suspension as an interim sanction (visitors must accept being barred from campus).. Such probation, suspension or being barred from campus will be determined and activated by the Dean of Students, and will remain in force until a hearing is held at the request of the student or visitor, except that the Dean of Students may decide that postponement of the hearing is no longer appropriate and may schedule a hearing even if not requested by the student or visitor. The student shall be informed whether he or she would be placed on probation or suspended prior to making a decision to postpone a hearing.
4.2.5. Any person charged with a violation of University rules shall have, when needed, the aid of the University administration in the reasonable attainment of the information necessary to answer the charges made against him or her or requesting the attendance of witnesses at the hearing. The University cannot compel testimony from persons outside UNM. If a charged party wants a non-UNM person to testify, it is the party’s responsibility to obtain that person’s participation. When a witness is unable to attend a scheduled hearing, the witness may make a written and signed statement which may be introduced at the hearing.
4.2.6. Sanctions issued by the Judicial Affairs Specialist (not including an Emergency Suspension as outlined in Section 4.3) or by the Student Conduct Committee shall not be implemented until the right to appeal terminates as set forth under Article 7 herein.
4.2.7. The standard of proof utilized in all hearings and appeals to resolve Code of Conduct charges shall be that of preponderance of the evidence. The burden of proof is on the person or entity proposing the sanction.
4.2.8. The party who is charged with violating the Code of Conduct is responsible for presenting his or her case; advisors are therefore not permitted to speak or to participate directly in any hearing.
4.3. Emergency Suspension and Banning from Campus
4.3.1. The Dean of Students Office may immediately suspend a student and/or ban a student or visitor if the Dean concludes that the person's continued presence on the campus may endanger persons or property or may threaten disruption of the academic process or other campus functions.
4.3.2. When a person has been immediately suspended or banned by the Dean of Students under this section the person may request that the Dean hold an informal hearing to consider whether the emergency suspension should be continued. The hearing shall be held as soon as possible (no later than one week) after the request. The Dean of Students shall give the person an opportunity to explain his or her position and shall receive evidence or hear from witnesses with pertinent information, if requested by the person.
4.3.3. After the hearing, if the Dean finds that the person's continued presence may endanger persons or property or threaten disruption of the academic process or other campus functions, the Dean shall continue the suspension and/or ban. Otherwise, the emergency suspension and/or ban shall be revoked.
4.3.4. An emergency hearing under this subsection is not intended to be a substitute for or to preclude the normal disciplinary sanctions and appeals process set out in this Article and in Article 5.
5.1. Jurisdiction
The Student Conduct Committee has jurisdiction over the following matters:
5.1.1. Disciplinary proceedings--when a party chooses the hearing option of a formal hearing before the Committee under Article 4 or when the Judicial Affairs Specialist refers the matter to the Committee under Article 4.
5.1.2. Appeals from the Student Court or other campus boards or committees, where appeal to the Student Conduct Committee is provided for in their rules or bylaws and that section of the rules or bylaws has been approved by the Dean of Students.
5.2. Composition
5.2.1. A hearing panel shall consist of five members, selected by the Committee Administrator, from a pool of faculty, undergraduate and graduate students. Each member will serve for one academic year. Faculty members will be named by the Faculty Senate. Undergraduate students will be named by ASUNM. Graduate students will be named by GPSA. Undergraduate student hearings will include at least two undergraduate student panel members. Graduate student hearings will include at least two graduate student panel members.
5.2.2. A party charged may be found responsible for violating the Code of Conduct by a majority vote of the hearing panel.
5.2.3. There will be an Administrator of the Committee to advise and assist the Committee and maintain all necessary records.
5.2.4. Members have the right to disqualify themselves from a case. If challenged by the person whose case is being heard, they may be disqualified for cause by the chairperson of the panel. A chairperson may be disqualified for cause by a majority of the other panel members.
5.3. Rules Governing Proceedings Before the Committee
5.3.1. Initiating Committee Proceedings
Proceedings before the Committee shall be commenced when a party who is charged with a violation of the Code of Conduct chooses an option of a hearing before the Student Conduct Committee, or when a case is referred to the Committee by the Judicial Affairs Specialist. The Administrator shall set a date and place for the hearing and notify those charged, the Committee and relevant witnesses as to the scheduling of the hearing while the University is in session, allowing those charged a reasonable time to prepare their cases, normally not to exceed two weeks.
5.3.2. Consideration of the Case by the Committee.
5.3.2.1. After hearing the evidence, the Committee may choose to continue the hearing at a later date if additional evidence or witnesses are needed. This continuance shall generally be for no more than three weeks.
5.3.2.2. The Committee shall deliberate in closed session. The Committee's decision shall be based solely on the evidence provided during the hearing. The Committee's decision will be conveyed by letter to the party charged within two weeks after the conclusion of deliberations.
6.1 The following rules shall apply to formal hearings conducted by the Judicial Affairs Specialist and to Student Conduct Committee hearings:
6.1.1 The hearing shall be private.
6.1.2 The party who is charged with violating the Code of Conduct is responsible for presenting his or her case; advisors (including attorney advisors) are therefore not permitted to present arguments or evidence or otherwise participate directly in the hearing.
6.1.3 The Judicial Affairs Specialist and Student Conduct Committee members may question the party charged.
6.1.4 The party charged has the right, within reasonable limits set by the presiding official, to question all witnesses who testify. The presiding official may also permit the party alleging misconduct to question the party charged, within reasonable limits.
6.1.5 The party charged can submit any evidence that he or she wants considered at least three business days before the hearing.
6.1.6 The Judicial Affairs Specialist and Student Conduct Committee may proceed independently to secure evidence for the hearing. The party charged shall have an opportunity to review any such evidence at least three business days before the hearing.
6.1.7 The hearing will be tape-recorded and the Judicial Affairs Specialist will keep the tape(s). The tape is the property of the University. No typed record will be made.
6.1.8 The hearing proceeding is not subject to judicial rules of evidence.
7.1. Appeal to Dean of Students
7.1.1. Decisions of the Student Conduct Committee or the Judicial Affairs Specialist are final, unless a sanction of probation, suspension, expulsion or banning from campus is imposed. A person receiving such a sanction may appeal the decision of the Judicial Affairs Specialist under Article 4 or the decision of the Student Conduct Committee under Article 5 by filling out an appeal form at the Dean of Students Office. This form must be completed and submitted to the Dean of Students within five working days of the party receiving the written decision of the designee or Committee. Grounds for appeal are: insufficient evidence, inappropriate sanctioning, a procedural error in the hearing process, or new evidence that has arisen since the initial hearing. New evidence may be grounds for appeal only if conditions made it impossible to present the evidence at the hearing. On appeal the Dean of Students shall review the evidence and findings of the Judicial Affairs Specialist or the Student Conduct Committee, depending upon who heard the case. The Dean of Students may schedule an appointment with the party appealing within two weeks of receiving the appeal form to discuss the reasons for the appeal.
7.1.2. After reviewing the case, the Dean of Students may:
7.1.2.1. Affirm or overturn the finding of the Judicial Affairs Specialist or the Student Conduct Committee.
7.1.2.2. Affirm or alter the sanction imposed by the Judicial Affairs Specialist or the Student Conduct Committee.
7.1.2.3. Remand the case to the original tribunal (Student Conduct Committee or Judicial Affairs Specialist) for further proceedings. A remand will generally occur where new evidence is to be reviewed or as otherwise determined by the Vice President of Student Affairs. Where a case is remanded, the decision of the Student Conduct Committee or Judicial Affairs Specialist may be appealed after rehearing to the Vice-President for Student Affairs whose decision shall be final.
7.1.2.4. The Dean of Students shall send written notification of the decision to the appealing party within two weeks of meeting with the appealing party. A copy of the decision shall be sent to either the Judicial Affairs Specialist or Administrator of the Committee, dependent upon which hearing option was utilized.
7.1.3 The Dean of Students decision is final except when the sanction imposed on a student is suspension or expulsion.
7.2. Appeal to Vice President
7.2.1. A student who has been suspended or expelled may appeal the decision of the Dean of Students to the Vice President for Student Affairs by filling out an appeal form at the Office of the Vice President for Student Affairs. This form must be completed and submitted to the Vice President for Student Affairs within five working days of the party receiving the written decision of the Dean of Students. Grounds for appeal are: insufficient evidence, inappropriate sanctioning, a procedural error in the hearing process, or new evidence that has arisen since the appeal to the Dean of Students. . New evidence may be grounds for appeal only if conditions made it impossible to present the evidence at the hearing. On appeal the Vice President for Student Affairs shall review the evidence in the case and the findings of the Judicial Affairs Officer or Committee and the Dean of Students. The Vice President for Student Affairs may schedule an appointment with the party appealing within two weeks of receiving the appeal form to discuss the reasons for the appeal.
7.2.2. After reviewing the case, the Vice President for Student Affairs may:
7.2.2.1. Affirm or overturn the finding of the Dean of Students.
7.2.2.2. Affirm or alter the sanction imposed by the Dean of Students.
7.2.2.3. Remand the case to the original tribunal (Student Conduct Committee or Judicial Affairs Specialist) for further proceedings. A remand will generally occur where new evidence is to be reviewed or as otherwise determined by the Dean of Students. Where a case is remanded, the decision of the Student Conduct Committee or Judicial Affairs Specialist may be appealed after rehearing to the Vice-President for Student Affairs whose decision shall be final.
7.2.2.4. The Vice President for Student Affairs shall send written notification of the decision to the appealing party within two weeks of meeting with the appealing party. A copy of the decision shall be sent to the Dean of Students.
7.3. Student and Visitor Conduct Records
7.3.1. Records regarding student conduct shall be kept in the Dean of Students Office for a period of ten years after final disposition, except for records of expulsions which shall be permanently maintained. Records regarding action taken against visitors to the University will be permanently maintained. Tape recordings of formal hearings and Student Conduct Committee hearings will be maintained in the Dean of Students Office for the same time period as the written records pertaining to the case.
7.3.2. Copies of the final decision shall, in an academic dishonesty case, be sent to the faculty member.
7.4. Rights of Those Charged with Violations of the Code of Conduct
7.4.1. Those charged with violations of the Code of Conduct have rights which are protected throughout the hearing process. The rights of these parties include:
7.4.1.1. The right to be notified in writing of the charges against him or her with sufficient detail and time to prepare for a hearing.
7.4.1.2. The right to a timely hearing before an appropriate official or committee.
7.4.1.3. The right to know the nature and source of the evidence used in a hearing process.
7.4.1.4. The right to present evidence in his or her own behalf.
7.4.1.5. The right to choose not to testify and/or not to answer questions without having his or her silence taken as evidence of being responsible for violating the Code of Conduct. If the accused student chooses not to testify, the case will be decided based upon all of the evidence presented
7.4.1.6. The right to be accompanied by an advisor at a hearing.
7.4.1.7. The right to confront and question his or her accuser in cases of alleged serious misconduct where the party charged faces possible suspension or expulsion from the University if found responsible for violating the Code of Conduct, except that this right may not apply if there is other direct, non-hearsay evidence of the alleged misconduct available.
7.5. Rights of Victims
7.5.1. Victims in a student discipline case have rights which are protected throughout the hearing process. The rights of victims include:
7.5.1.1. The right to have a person of their choice accompany them throughout their participation in the discipline process.
7.5.1.2. The right to submit a victim impact statement to the hearing officer or committee during the sanctioning portion of the discipline process.
7.5.1.3. The right to have past irrelevant behavior excluded from the discipline process.
7.6. Rights of Sexual and Physical Assault Victims
7.6.1. Because of the serious nature of the alleged action, victims of sexual or physical assaults also have these additional rights.
7.6.1.1. 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.
7.6.1.2. 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.
7.6.1.3. 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.
7.6.1.4. The right to be informed of the options for any available assistance in making reasonable changes in academic and on-campus living situations.
8.1. Scope
This section sets forth the procedures which should be followed by a student seeking retroactive withdrawal, enrollment, or disenrollment, or for other academic record changes involving exceptions to the rules governing registration and academic records which are set forth in the University Catalog. It does not cover disputes involving academic judgment.
8.2. Petitions
8.2.1. A student seeking a change in his or her academic record within the scope of this article shall submit a petition to the Records Office under the Admissions and Registration Subcommittee. The petition shall state the nature of the request, and shall specify the semester involved, the course and section number, the student's name, I.D. number, mailing address and telephone number. The petition should state the reason for granting the request, and shall include documentation of extenuating circumstances, such as medical, family, or employment needs. The petition shall be typed and signed.
8.2.2. Upon receipt of the petition, the Records Office shall forward a copy of the petition to the instructor of the course. The instructor shall make any response within three weeks of receipt. If the instructor has not responded within three weeks, the Subcommittee shall proceed without the instructor's response.
8.2.3. Within one week of receipt of the instructor's response (or lack of response), the Subcommittee shall take action on the petition. If the Subcommittee denies the petition, it shall issue a brief statement giving the reasons for the denial.
8.2.4. The student may appeal a denial of the petition to the Faculty Grade Petition Committee. Letters of appeal shall be addressed to the Chair of the Committee and delivered to the Records Office.
8.3. Faculty Grade Petition Committee
8.3.1. The Faculty Grade Petition Committee shall review any petition referred to it by the Subcommittee under 8.2.3. or appealed by a student under 8.2.4.
8.3.2. The Faculty Grade Petition Committee is a subcommittee of the Admissions and Registration Committee. The Faculty Grade Petition Committee shall be composed of five members of the Admissions and Registration Committee, at least three of whom shall be faculty. Members of the Faculty Grade Petition Committee shall be appointed by the Admissions and Registration Committee.
8.3.3. The student may submit to the Faculty Grade Petition Committee a written response to the Subcommittee's decision and/or instructor's response. The Committee may contact the student, the instructor, and/or the Subcommittee for oral or written comments. Copies of written materials submitted by any of the above parties shall be sent to the other parties.
8.3.4. Within three weeks of its receipt of the petition, the Committee shall grant or deny the petition. If the Committee denies the petition, a brief statement giving reasons for the denial shall be issued.
8.3.5. The student may appeal a denial of the petition by the Grade Petition Committee to the Faculty Admissions and Registration Committee. Letters of appeal shall be addressed to the Chair of the Committee and delivered to the Records Office.
8.4. Admissions and Registration Committee
8.4.1. The Admissions and Registration Committee shall review any petition appealed by a student under 8.3.5.
8.4.2. The Admissions and Registration Committee is composed of members of the faculty, administration, deans and students. Its composition is set forth in the Faculty Handbook.
8.4.3. The Admissions and Registration Committee shall grant or deny the petition under the procedures set forth in 8.3.3. and 8.3.4. The Committee's decision shall be final.
9.1. Introduction
These Student Grievance Procedures, to the extent applicable, shall apply to all University of New Mexico units. Because of differences in administrative structure, however, some modification to these rules is necessary. The following sections identify those modifications.
9.2. Law School
9.2.1. Article 3 shall not apply to law students. Instead, the Law School's Student Code of Conduct shall govern cases of academic dishonesty.
9.2.2. Article 8 shall not apply to law students. Rules governing course changes and removal of incomplete grades are contained in "Important Information for Students," distributed to all law students. Students seeking exceptions to the rules should contact the Law School Administrative Coordinator.
9.2.3. In cases of disciplinary violation which violate the Law School's Student Code of Conduct, the Law School Student Code of Conduct shall apply in lieu of Article 4.
9.2.4. Any decision made pursuant to Section 9.2 shall be reviewable by the President and the Regents according to Section 10.5.
9.3. Medical School
9.3.1. Decision makers at the Medical School
9.3.1.1. Any role assigned to the chairperson of a department shall be omitted.
9.3.1.2. Any role assigned to the Dean of a College shall be carried out by the Assistant Dean for Student Affairs.
9.3.1.3. Any role assigned to the Student Discipline Officer shall be carried out by the Assistant Dean for Student Affairs.
9.3.1.4. Any role assigned to any Vice President shall be carried out by the Dean of the Medical School.
9.3.1.5. Any role assigned to the Student Conduct Committee shall be carried out by the Medical School's Curriculum Committee.
9.3.2. Article 5, governing the Student Conduct Committee, shall govern proceedings of the Curriculum Committee under these procedures, except that members of the Committee shall be faculty, students, and administrators from the Medical School. Members of the Curriculum Committee are chosen by the Dean of the Medical School.
9.3.3. Article 8, Academic Records Dispute, shall apply to Health Science Center students, with the following modifications:
9.3.3.1. Any role assigned to the Records Office or the Dean of Admissions and Records shall be carried out by the Assistant Dean for Admissions.
9.3.3.2. Any role assigned to the Grade Petition Committee shall be carried out by the appropriate Steering Committee.
9.3.3.3. Any role assigned to the Admissions and Records Committee shall be carried out by the Curriculum Committee.
10.1. Time Limits and Extensions
10.1.1. Unless stated otherwise or extended in writing, the time limit for a decision maker to issue a decision is three weeks if no hearing is held and four weeks if a hearing is held.
10.1.2. Unless stated otherwise in these rules or extended in writing under 10.1.4. the time limit to file an appeal is two weeks after the decision appealed. If the decision is given in person, the two-week period shall begin at that time. If the decision is mailed, the two-week period shall begin on receipt, which shall be presumed to be three days after mailing.
10.1.3. If a time limit is exceeded by a decision-maker, the student may appeal to the next step before receiving a decision. If a time limit is exceeded by the student, he or she shall lose the right to proceed unless he or she can demonstrate unusual circumstances justifying the delay and the failure to request an extension in a timely manner.
10.1.4. In any procedure governed by these rules, time limits shall be suspended in the following circumstances:
10.1.4.1. For good cause, the appropriate Dean or Vice President shall extend any time limit set forth in these rules. Good cause shall include the fact that a deadline falls during finals week or during a period such as vacations, holidays, intersessions, or summer session if parties or decision-makers are absent from the University. Any such time extension shall be communicated in writing to all interested parties, along with a new written schedule.
10.1.4.2. If the procedure involves the Student Conduct Committee, and the Administrator determines that the Committee members cannot convene and decide the case during finals weeks, summer session, intersession, vacation or holidays, the Administrator will so advise the parties and will schedule a hearing as soon thereafter as possible. 10.1.4.3. If a faculty or staff member is absent from the University, the decision maker, with the student's permission, may permit the faculty or staff member to participate in a hearing or interview by conference call or by letter.
10.2. Jurisdiction Disputes
If there is any question as to which set of procedures should govern a grievance, the party bringing the grievance shall select the procedures that seem appropriate. If any other party believes the grievance should be resolved under different procedures, that party shall request a transfer. The decision-maker initially selected shall resolve the jurisdictional issue first, consulting with the alternative decision-maker, if appropriate. The decision-maker shall either retain jurisdiction or transfer the grievance to the alternative procedure.
If an alternate (transferee) decision maker or a party challenges the jurisdictional decision, the jurisdiction shall be decided jointly by the Provost, Vice President for Student Affairs, and the University Counsel, or their designees. Their decision shall be final. The jurisdictional issue shall be resolved within one week, during which other time limits shall be suspended. Where appropriate, a dispute may be severed into separate issues to be resolved concurrently under separate procedures.
10.3. Former Students
These procedures apply to disputes between students and other members of the University community. If the student has left the University community (by graduation or otherwise), these procedures shall continue to apply so long as the event giving rise to the dispute occurred while the student was a member of the University community and so long as the University has the power to resolve the matter. The University retains the right to change grades or rescind degrees, when, after the grade or degree has been awarded, it discovers new information indicating that the grade or degree was earned improperly.
10.4. Designees of Deans or Vice Presidents
Whenever these regulations specify submission of a dispute or decision to a Dean or Vice President, that individual may delegate consideration and decision of the matter to a designee. Such designee shall normally be a member of the decision-maker's staff.
10.5. Review by the President and the Regents
10.5.1. The parties' right to appeal decisions under these procedures terminates where indicated herein. However, the President has the discretionary authority to review all decisions at the Vice Presidential level or below, and the Regents have the discretionary authority to review all decisions of the President. The President and the Board of Regents normally review grievance or disciplinary decisions only in extraordinary cases, such as where proper procedures have apparently not been followed, where the decision appears to be unsupported by the facts, or where the decision appears to violate University policy.
10.5.2. Requests for review made to the President or the Regents normally will be considered only after the normal avenues of appeal have been completed. Requests shall be made by written statement, including the facts, the proceedings below, and the reasons justifying extraordinary review. Such requests should be filed in the President's Office within one week of receipt of the decision.
10.5.3. If review is granted, appropriate procedures shall be set by the President or the Regents. The procedures shall be communicated to the parties in advance, and shall provide each party the opportunity to explain his or her position orally and/or in writing. New evidence (such as additionally documents or testimony of witness) will not normally be taken by the President or Regents.
10.6. Conflict with Other Procedures
In the event these procedures conflict with previously adopted policies and procedures, these procedures shall take precedence.