The Eastern New Mexico University Board of Regents’ policy applying to students and those who interact with students on either the ENMU-Roswell Campus or at ENMU-Roswell sponsored events, expressly prohibits sexual misconduct of any kind including that defined herein:
KINDS OF MISCONDUCT:
FORCED SEXUAL CONDUCT: Any unwelcome contact of a sexual nature with another person (including exposure, disrobing, telephone calls, etc.), that is accomplished toward another without his/her consent including any such act accomplished by means of actual or implied force, threat, coercion, or by taking advantage of a victim’s helplessness.
FORCED PHYSICAL SEXUAL CONTACT: Any unwelcome contact of a sexual nature with another person (including touching, fondling, etc.), that is accomplished toward another without her/his consent and by means of actual or implied force, threat, coercion, or by taking advantage of a victim’s helplessness. Using force or intimidation to make a person touch another’s intimate parts shall also constitute sexual contact.
FORCED SEXUAL PENETRATION: Intercourse (vaginal penetration), sodomy (anal penetration), oral copulation (oral-genital contact), or penetration with any object or body part, by the use of force, threats, coercion, or by taking advantage of a victim’s helplessness.
UNIVERSITY AND CRIMINAL CODE ACTION:
A student charged with sexual misconduct, including acquaintance or date rape, can be prosecuted under New Mexico criminal statutes and disciplined under the University judicial processes.
Even if the criminal justice authorities choose to prosecute, the University can pursue disciplinary action.
CLARIFICATION OF CIRCUMSTANCES OF A VIOLATION:
A violation occurs when there is participation in any kind of sexual misconduct by a student individually or in concert with others. Since the University hopes to educate students in order to prevent violations, students should understand that:
- Sexual misconduct as defined above is sexual misconduct whether the assailant is a stranger or an acquaintance of the victim.
- Alcohol and/or drug use, intoxication, or any impairment of the accused, does not absolve responsibility for sexual misconduct.
- In situations where the victim is incapable of giving consent, or is unable to resist sexual advances due to alcohol/drug use or other impairments, the accused may be held responsible for sexual misconduct.
- Force and/or coercion is defined as:
- The use of physical force or physical violence; or
- The use of threats, including but not limited to physical threats, abduction, extortion or retaliation directed against the victim or another when the victim believes that there is an ability to execute such threats; or
- The use of verbal comments or nonverbal behaviors and/or gestures to intimidate the victim or another when the victim believes that there is a present ability to execute such threats.
- Threat is defined as an expression of intention to hurt, destroy, or punish the victim or another.
REPORTING MISCONDUCT AND UNIVERSITY REACTION:
Where there is cause to believe that the University policy prohibiting sexual misconduct has been violated, the University will initiate disciplinary review. The University is obligated to protect the rights of the accused as well as of the victim.
- Reports of misconduct or alleged misconduct can be made to any University personnel. Individuals receiving such reports shall keep them confidential and immediately transmit them to Campus Security after ensuring that the affected individual has apparent health and counseling needs met. For the University to take disciplinary action beyond warning, reports of misconduct must be in writing and signed by the complainant. The University will advise a complainant that it can keep the identity of a complainant confidential unless the University is compelled to go into a due process proceeding with the accused.
- Accusations of sexual misconduct will be investigated by Campus Security and/or the Vice President for Student Affairs according to campus security and student discipline conduct procedures.
If information is available to indicate that the charge of sexual misconduct is proven, or if guilt is admitted, the penalty for such misconduct may include any disciplinary action such as probation, suspension, dismissal or expulsion and possible criminal charges.