Title IX Policy and Grievance Procedures
ENMU-Roswell (ENMU-R) Policy 80.12: Title IX Policy and Procedures affirms the commitment of the University to promote the goals of fairness and equity in all aspects of the educational enterprise. This policy and procedure specifically governs the University System’s sex-based discrimination policies and procedures.
This policy and procedure:
- Clearly identifies ENMU-R’s Title IX personnel.
- Expands crime reporting on campus to include offenses related to dating violence, domestic violence and sexual assault.
- Ensures that ENMU-R has standard operating policies and procedures for handling reports of sexual violence, sexual misconduct, stalking, sexual harassment, sexual stereotyping, retaliation or other conduct that has the purpose or effect of discriminating against any member of the ENMU-R Community on the basis of sex. These policies apply when the above-defined conduct is perpetrated by an employee, student, visitor, guest, or third party, and within the jurisdiction of the University.
- Facilitates professional development and training related to awareness, prevention strategies, and reporting of possible policy violations and/or criminal activity.
Jurisdiction: This policy applies to conduct that takes place on property owned, operated or controlled by ENMU-R, at ENMU-R events, and to off campus conduct as appropriate where such conduct has the purpose or effect of discriminating against any person, on the basis of sex, with respect to any education program or activity of the System.
Non-Discrimination Statement/Title IX coordinator: ENMU-R does not discriminate, on the basis of sex, its educational programs, activities, employment and admission, and ENMU-R is required by Title IX and 34 C.F.R. Part 106 not to discriminate in such a manner. In accordance with Title IX, ENMU-R is committed to providing maintaining a campus environment free from Sex-Based Discrimination, whether committed by students, faculty, staff, or third parties, such as prospective students, campus visitors, community members, etc. Inquiries concerning the application of Title IX and 34 C.F.R. Part 106 may be referred to the ENMU-R Title IX Coordinator or to the Assistant Secretary for the Office for Civil Rights of United States Department of Education.
ENMU-R Title IX coordinator:
Dr. Linda Neel
Executive Director of Student Services
Title IX Coordinator
52 University Blvd.
Roswell, NM 88203
For inquiries to the Assistant Secretary for the Office for Civil Rights of United States Department of Education:
U.S. Department of Education
Office for Civil Rights
400 Maryland Ave. SW
Washington, DC 20202-1100
Customer Service: 800-421-3481
E-mail: [email protected]
Reporting an Incident: Report incidences of Sex-Based Discrimination using any of the following options. There is no time limit for filing a report of sex-based discrimination, however, if the respondent is no longer subject to ENMU-R’s jurisdiction, the ability to investigate, respond and provide remedies may be more limited. If you are in need of emergency services, call the ENMU-Roswell Campus Security Office, or 911 immediately; then
- Report directly to the Title IX Coordinator or a Deputy Title IX Coordinator;
- Report to the Vice-President of Student Affairs;
- Report to the Director of Human Resources;
- Report to any trusted, responsible member of the ENMU-R campus community who can refer you to one of the above campus representatives.
- Report an incident through the automated Self-Service Banner system, using the Student complaint Links located on the Student Services & Financial Aid Tab.
All incidences of actual, suspected or implied Sex-Based Discrimination must be reported to, and reviewed by the Title IX Coordinator, regardless of the role of the reporter or the respondent in the campus community (students, faculty, staff or third-party participants), and even if an incident was initially reported to another party. All ENMU-R employees (students, faculty, staff, and administrators) are required to report actual or suspected Sex-Based Discrimination to appropriate officials immediately, unless the employee is acting in an official, licensed capacity as a counselor, health provider or member of the clergy. All other staff involved in the reporting, investigation or hearing processes of a Title IX complaint will maintain the confidentiality of parties involved to the extent possible, based on FERPA regulations, and the need to protect the campus community. All parties involved must understand that the university may not be able to honor confidentiality in all cases.
ENMU-R encourages the reporting of sex-based discrimination by reporting parties and witnesses. Sometimes, reporting parties or witnesses are hesitant to report to ENMU-R officials or participate in resolution processes out of the fear of self-accusation of policy violations. It is in the best interest of the campus community for responsible parties to report to ENMU-R officials, and that witnesses come forward to share what they know. To encourage reporting, ENMU-R pursues a policy that will protect the educational opportunities of parties who willingly participate in an investigation, but might otherwise be subject to sanctions for violations of policy because of their involvement in the activity.
Investigation of an Incident: ENMU-R will act on any formal or informal allegation or report of violation of this policy received by the Title IX Coordinator or any System employee. Following receipt of notice or a report of a violation of this policy, the Title IX Coordinator will direct and be involved in a preliminary inquiry of the allegations to determine if there is reasonable cause to believe there has been a violation of policy. The preliminary inquiry is typically 1-3 days in duration. As necessary, the System reserves the right to initiate an investigation without a formal report or participation by the reporting party.
The Title IX Coordinator or their designee(s) may provide interim remedies intended to address the short-term effects of sex-based discrimination, i.e., to redress harm to the reporting party and the community and to prevent further violations. These remedies may include, but are not limited to the following:
- Referral to counseling and health services;
- Referral to an employee assistance program;
- Education to the community;
- Altering the housing situation of the respondent, resident student, resident employee or reporting party;
- Altering work arrangement for employees;
- Providing campus escorts (safe ride services);
- Providing reasonable transportation accommodations;
- Implementing contact limitations between the parties;
- Restricting access to certain campus facilities or campuses; and/or
- Offering adjustments to academic deadlines, course schedules, etc.
The University may impose an interim suspension of a student or student organization, or may place an employee on administrative leave pending the completion of investigation. Such action may occur when it is determined that the safety or well-being of any member(s) of the campus community may be jeopardized by the continued presence on-campus of the respondent or the ongoing activity of a student organization whose behavior is in question. The Title IX Coordinator will recommend Interim actions; however, other campus professionals will be involved in those recommendation decisions. If an interim suspension is imposed, the student, employee or student organization will be given the option to meet with the Title IX Coordinator or the Vice President of Student Affairs (whichever is applicable) prior to such suspension being imposed, or as soon thereafter as reasonably possible, to show cause why the suspension should not be implemented. The Title IX Coordinator or the Vice President of Student Affairs (whichever is applicable) has sole discretion to implement or stay an interim suspension and to determine its conditions and duration. Violation of an interim suspension under this policy will be grounds for expulsion or termination.
If the Title IX Coordinator determines during the preliminary inquiry that there is reasonable cause to believe there has been a violation of policy, the investigation process will formally begin.
Within five (5) days of Title IX Coordinator’s determination that there is reasonable cause to believe there has been a violation of policy, the Title IX Coordinator or his/her designee(s) will provide written notification of the commencement of the investigation to the parties. The notice shall contain a statement of the allegations against the respondent, the possible sanctions if the allegations are substantiated, the right of the respondent to present evidence and a witness list in response thereto, and any other information the Title IX Coordinator, in his/her sole discretion deems appropriate to include.
The Title IX Coordinator or his/her designee(s) will conduct interviews of the reporting party, the respondent and relevant witnesses. A party may submit a list of witnesses, and the Title IX Coordinator must receive the list within ten (10) days of the written notification of the initiation of the investigation. The Title IX Coordinator will review the witness list and will call for the interview of relevant witnesses. The reporting party, the respondent, and any witness interviewed as part of an investigation may have an advisor of their choice present at their interview. However, the advisor may not to speak on behalf of the interviewee, or offer any evidence or argument in the investigation process. All interviews are confidential, and all persons interviewed, and their advisors, if any, are required to maintain the confidentiality of all investigation proceedings.
The Title IX Coordinator or his/her designee(s) will examine all relevant evidence and witness statements prior to issuing an investigation report. The Title IX Coordinator may disregard or otherwise not consider any evidence that the Title IX Coordinator finds to be irrelevant, which determination will be in the Title IX Coordinator’s sole discretion. Either party may submit evidence to the Title IX Coordinator, but the Title IX Coordinator will not be limited to reviewing only evidence submitted by the parties, and may rely on outside evidence obtained during the investigation process.
Upon review of all the evidence, the Title IX Coordinator will determine whether it is more likely than not the acts in the report occurred and whether they constitute a violation of this policy, based on a preponderance of the evidence
Within sixty (60) days of the initiation of the investigation, the Title IX Coordinator will prepare an Investigation Report with recommendations based on the results of the investigation and promptly provide the Investigation Report to the parties. The Investigation Report will include a statement of the allegations against the respondent, the evidence reviewed and the witnesses interviewed, the Title IX Coordinator’s conclusion after review of the evidence, and recommended sanctions, if any.
If the Investigation results in the recommendation of sanctions, the respondent may request a hearing as provided in this policy, if not in agreement with the sanction or outcome from the investigation.
Hearing Procedures: The respondent party may request a hearing by delivering a written request for hearing to the Vice President of Student Affairs or the Director of Human Resources, as appropriate within five (5) days of receipt of the Investigation Report. Failure to request a hearing within this timeframe will result in waiver of the right to a hearing and the imposition of sanctions will occur.
If the respondent party properly submits a timely request for a hearing, the designated Hearing Administrator shall schedule a hearing to take place not more than thirty (30) days from the date of the written request for hearing. The Vice President of Student Affairs or the Director of Human Resources, as appropriate, will provide the respondent with notice of the date and time of the hearing not less than five (5) days before the date of the hearing. The Vice President of Student Affairs or the Director of Human Resources, as appropriate, will preside over the hearing as the Hearing Administrator. The hearing process will allow the respondent an opportunity to be heard, and to respond to the matters in the Investigation Report. The Hearing Administrator will review the Investigation Report, including all evidence provided therewith, including all presented and exculpatory evidence, and render a decision solely on the question of whether or not the University shall impose the recommended sanctions. The Hearing Administrator may impose any greater or lesser sanctions, for good cause, based on his/her review of all of the evidence. The Hearing Administrator’s will deliver the decision to the respondent, the Title IX Coordinator, and the reporting party in writing within ten (10) days after the hearing. The hearing shall be private and not open to the public.
Appeals: If either party is dissatisfied with the outcome of the investigation process, or any hearing, they may appeal to the President of ENMU-R or his/her designee(s). However, a party appealing the outcome of the investigation process must provide a notice of appeal to the President within ten (10) days of receipt of the Investigation Report, or if a hearing is conducted, within ten (10) days of the final decision of the Hearing Administrator. The notice of appeal must specify a proper and reasonable basis for the appeal, including for example: procedural error, the existence of previously unavailable relevant evidence that could significantly affect the outcome of a case, or a claim that the sanction imposed, if any, is substantially disproportionate to the findings. The President or his/her designee(s) may summarily reject any notice of appeal that does not state a proper and reasonable basis for appeal. This decision to reject a notice of appeal is at his/her sole discretion The President or his/her designee(s) will review the appeal on the record of the hearing, or if no hearing was held, on the record of the Investigation Report. The President will issue a decision within thirty (30) days of receipt of the written notice of appeal. The decision of the President on appeal is final.
Subsequent Prevention. ENMU-R is committed to preventing the recurrence of any sex-based discrimination including without limitation, harassment, or other sexual misconduct. ENMU-R will document and take such steps as are deemed appropriate to facilitate change for the purpose of the correction of discriminatory effects on the reporting party and others, as appropriate, and ENMU-R.
Retaliation. ENMU-R takes reports of sex-based discrimination very seriously. The University will not tolerate retaliation against those who make such reports or participate in the investigatory or adjudicatory process. Retaliation includes, but is not limited to, any adverse employment or educational action taken for making a report of sex-based discrimination, or otherwise participating under this Policy. The University considers any actual or threatened retaliation or any act of intimidation to prevent or otherwise obstruct the reporting of sex-based discrimination or the participation in the Title IX Process a separate violation of this Policy and may result in disciplinary sanctions. Any person who believes that they have been subject to retaliation should immediately report this concern to the Title IX Coordinator.
ENMU-R highly recommends that each member of the campus community, as defined above, downloads and becomes familiar with the full language in ENMU-Roswell Policy 80.12 – Title IX Policy and Procedures, for the safety and protection of all members of the campus community.
La Casa Community Behavioral Health Services
110 E Mescalero Rd
Roswell, NM 88201
Should you determine that there is an additional need for protection while on campus, you may contact the ENMU-Roswell Security Department at 575-624-7180.
Should you determine that there is an additional need for protection off-campus, you may seek assistance through the City of Roswell law enforcement, and may wish to consider filing a restraining order for a stricter enforcement of the law for your protection.