Visitor Code of Conduct

Adopted by the UNM Regents April 14, 1992
Revision approved by the Regents May 12, 1995
Subject to Change Without Notice

It is important for all members of the University community to be aware of conduct that will lead to disciplinary action by the University. In order to clarify the types of conduct which shall be considered to affect adversely the University’s educational function, to disrupt community living on campus, or to interfere with the rights of others to pursue their education, to conduct their University duties and responsibilities or to participate in University activities, the Board of Regents hereby adopts the following Code of Conduct for visitors.

1. SCOPE

The University may take disciplinary action for an offense against 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.

2. MATTERS SUBJECT TO DISCIPLINARY ACTION

Appropriate disciplinary procedures and sanctions shall be applied to any visitor who commits, or attempts to commit, any of the following acts of misconduct:
2.1 Actions which have great potential for physically harming the person or property of others, including that of the University, or which actually result in physical harm, or which cause reasonable apprehension of physical harm.
2.2 Any type of sexual assault including rape.
2.3 Making false representations to the University, including forgery and unauthorized alteration of documents; unauthorized use of any University document or instrument of identification.
2.4. Substantially interfering with the freedom of expression, movement or activity of others.
2.5. Initiating or causing to be initiated any false report, warning or threat of fire, explosion or other emergency. Misusing or damaging fire safety equipment on University premises.
2.6. Theft of property or of services. Possession of property that is known to be stolen.
2.7. Failure to comply with the lawful directions of University officials, including campus police officers and other law enforcement officials, acting in performance of their duties.
2.8. Willfully refusing or failing to leave the property of or any building or other facility owned, operated, or controlled by the University when requested to do so by a lawful custodian of the building, facility or property if the person is committing, threatens to commit or incites others to commit any act which would disrupt, impair, interfere with or obstruct the lawful mission, processes, procedures or functions of the University.
2.9. Unauthorized presence in or use of University premises, facilities or property, in violation of posted signs, when closed, or after normal operating hours.
2.10. Illegal use, possession, or distribution of any controlled substance, illegal drug or alcohol.
2.11. Use or possession of fireworks, unless expressly authorized in writing by the President.
2.12. Use, possession or storage of any weapon unless expressly authorized in writing by the President or designee. Weapon includes, but is not limited to, firearms, ammunition, bombs, explosives, incendiary devices, or other dangerous weapons, substances or materials.
2.13. Misusing University computing resources by intentionally making or receiving, accessing, altering, using, providing or in any way tampering with files, disks, programs, passwords or hardware belonging to other computer users without their permission.
2.14. Violation of published or posted University regulations or policies, including but not limited to regulations prohibiting discriminatory activity.
2.15. Aid to others in committing or inciting others to commit any act mentioned above.
2.16. Action(s) or conduct which hinders, obstructs or otherwise interferes with the implementation or enforcement of the Code of Conduct.
2.17. Any other acts or omissions which affect adversely University functions or University-sponsored activities, disrupt community living on campus, interfere with the rights of others to the pursuit of their education, or otherwise affect adversely the processes of the University.
2.18. Violating the terms of any disciplinary sanction imposed in accordance with this Code.

3. RIGHTS OF VISITORS IN DISCIPLINARY MATTERS

Visitors’ rights under the state and federal constitutions are specifically acknowledged and affirmed, including the rights of freedom of speech, freedom of association, freedom of religion, and due process. The provisions of this Code of Conduct shall be construed so as not to infringe upon these rights, as those rights are defined by law.

4. SANCTIONS

4.1. Any person who violates any of the rules set forth in Section 3 above, shall be subject to warning (verbal or written), probation, denial of future University employment or admission, removal from campus, arrest, or being barred from campus. 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.
4.2. As used in this subsection:

4.2.1. "Verbal warning" means an oral reprimand.
4.2.2. "Written warning" means a written reprimand.
4.2.3. "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.
4.2.4. "Removal from campus" means being physically escorted or forcibly removed to a location off property owned or controlled by UNM, by UNM police officers or other UNM agents.
4.2.5. "Barred from campus" means being barred from all or designated portions of University property or activities.

4.3. The sanctions of denial of admission, readmission, or employment by the University, or barring from campus, will be applied only after notice and an opportunity for an informal hearing before a University officer appointed to review the matter by the President or his/her designee.
4.4 The sanction imposed shall be set based upon numerous factors, including the severity of the offense, the amount of harm created, the visitor’s record, and sanctions imposed in recent years for similar offenses. In considering the harm created, there shall be taken into account whether any harm or injury was targeted against a person or group because of that person or group’s race, color, religion, national origin, physical or mental handicap, age, sex, sexual preference, ancestry, or medical condition.

5. IMPLEMENTATION

The President of the University may adopt such procedures, rules or regulations as deemed necessary to implement this Code of Conduct.

STATE OF EMERGENCY

1. As used in this Policy:
a) "President" means the President (or acting President) of the University or any person or persons designated to act in his or her behalf for purposes of these rules.
b) "Official" means any person authorized by the President to act on behalf of the University.
c) "Student" means a person who is a student at the University in an undergraduate, graduate, or professional program on campus, whether for credit or no credit, full or part-time.
d) "Visitor" means any person on campus who is not a student or member of the faculty or staff.
e) "Person" means any student, member of the faculty or staff or visitor.
2. The President is authorized to declare a State of Emergency at the University upon a finding by him or her that the orderly processes of the University are seriously threatened. In making such a finding the President shall consider whether disrupting activities are such as to require immediate, extraordinary measures to safeguard persons or property or to maintain the University’s educational function. As soon as reasonably possible after the Declaration of Emergency, the President shall inform available Regents of his or her action. When the President determines that the serious threat has passed, he or she shall, after consultation with available Regents, declare the State of Emergency to be at an end.
3. a) During a State of Emergency, the President, in the exercise of reasonable judgment in the circumstances, is authorized to take whatever actions he or she finds necessary in order to safeguard persons or property or to maintain the University’s educational function. Such actions shall remain in effect during the State of Emergency unless sooner canceled by the President. During a State of Emergency, the President may, if in his or her judgment the circumstances warrant it, suspend University activities for a day or a portion thereof.
b) During a State of Emergency, the violation by any person of a presidential order or ruling under 3(a) of this Policy, or the commission during such State of Emergency of any act or acts of misconduct of the kind set forth in 6(a)(i) through 6(a)(xi) of the Regents’ Statement on Rights and Responsibilities will be considered an offense of the gravest nature, and sanctions (as listed in Section 6 of the Statement on Rights and Responsibilities) appropriate to the gravity of such offense or offenses shall be imposed.
c) A visitor who, after appropriate hearing, is found to have violated a presidential order authorized by Section 3 of this Policy may be denied admission to and employment by the University.
4. During a State of Emergency, any person who, after being requested to do so by a properly identified official and after being advised by such official of the sanction for failure to identify oneself, fails to identify himself or herself by name and status as a student, member of the faculty or staff, or visitor to such official shall have imposed upon him or her, after appropriate hearing, the sanctions set forth in Section 6 of the Statement on Rights and Responsibilities.