Policy Statement on Discrimination and Affirmative Action

New Mexico State University (NMSU) is dedicated to providing equal opportunities in areas of employment and academics without regard to age, ancestry, color, disability, gender identity, genetic information, national origin, race, religion, serious medical condition, sex, sexual orientation, spousal affiliation, or protected veteran status as outlined in federal and state anti-discrimination statutes. As a federal contractor, NMSU’s affirmative action program also supports this effort. Further, NMSU is committed to providing a place of work and learning free of discrimination and harassment on the basis of a person’s age, ancestry, color, disability, gender identity, genetic information, national origin, race, religion, serious medical condition, sex, protected veteran status, sexual orientation, or spousal affiliation. Where a violation of policy is found to have occurred, NMSU will act to stop the conduct, to prevent its recurrence, to remedy its effects, and to discipline those responsible in accordance with the NMSU Policy Manual and/or NMSU Student Code of Conduct.

Sex Discrimination/Sexual Harassment Policy: NMSU is committed to providing a place of work and learning free of sexual misconduct which includes sexual harassment and sexual violence. Engaging in sexual behavior that is inappropriate, unwanted, and unsolicited is a violation of NMSU policy. Where sexual harassment is found to have occurred, NMSU will act to address the reported conduct, to prevent its recurrence, to remedy its effects, and to discipline those responsible in accordance with the NMSU Policy Manual and/or NMSU Student Code of Conduct.

Retaliation: Retaliation against an individual who in good faith complains of alleged discrimination or sexual harassment or provides information in an investigation about behavior that may violate this policy is prohibited and may be grounds for discipline. Retaliation in violation of this policy may result in discipline up to and including termination and/or expulsion. Any employee or student bringing a discrimination or sexual harassment complaint in good faith or assisting in the investigation of such a complaint will not be adversely affected in terms and conditions of employment and/or academic standing, nor discriminated against, terminated, or expelled because of the complaint.

Complaints and Investigation: Employees and students may file an internal discrimination complaint with the Office of Institutional Equity (OIE) within fifteen (15) working days from the date of the incident(s). Penalties: Cases for students who are found to have violated the NMSU Student Code of Conduct and/or NMSU Policy Manual will be referred to the Assistant Dean of Students. Cases for employees who are found to have violated the NMSU Policy Manual will be referred to Human Resource Services/Employee and Management Services. Sanctions for students may include action up to and including expulsion. Sanctions for employees may include employment action up to and including termination in accordance with provisions of the NMSU Policy Manual. Internal NMSU Units: Internal units such as the Dean of Students Office, Housing and Campus Life, Athletics, and community colleges will promptly contact and consult with OIE when knowledge is obtained relating to potential discrimination or sexual harassment. If a supervisor (or faculty in an academic setting) receives a complaint of alleged discrimination or sexual harassment, or observes or becomes aware of conduct that may constitute discrimination or sexual harassment, the supervisor (or faculty in an academic setting) must intermediately contact OIE. The Office of Institutional Equity is designated as the office that receives and processes internal discrimination complaints within the NMSU system.

Confidentiality: NMSU recognizes that confidentiality is important. However, confidentiality cannot be guaranteed. The administrators, faculty or staff responsible for implementing this policy will respect the privacy of individuals reporting or accused of discrimination or sexual harassment to the extent reasonably possible and will maintain confidentiality to the extent possible.

For questions or clarifications to this policy contact: Lauri Millot, O’Loughlin House, (575) 646-3635 or via e-mail at equity@nmsu.edu. The full text of Policy Chapter 3.25 and complaint form can be found at: http://eeo.nmsu.edu/.