Student Code of Conduct

Introduction and Overview

The NMJC Student Code of Conduct (Code) is adopted by the authority outlined in New Mexico Junior College Board Policy Number 704. The Code sets forth the rights and responsibilities of NMJC students; outlines the standards for conduct; provides the types of interim measure and sanctions which may be imposed for violation of the code; provides a prompt and fair fact-finding student conference, as well as an objective review process if students elect a formal review by the Student Disciplinary Committee.

The Code shall provide an educational and non-adversarial process designed to resolve matters concerning student conduct. It is not designed to be a legal or judicial process.

Application

1. The Code shall provide an educational and non-adversarial process designed to resolve matters concerning student conduct. It is not designed to be a legal or judicial process.
2. The Code is designed to be reliable, fair, and effective.
3. Individuals who have established a student relationship with the College are subject to the Code.
4. The Code shall operate by preponderance of evidence. (The majority of the evidence would cause a reasonable person to support a conclusion.)
5. Disciplinary records shall be maintained by the Dean of Students or designee in accordance with the College’s records and retention policy.
6. The College’s disciplinary process shall proceed during the pendency of any related criminal or civil proceedings and shall not be subject to reconsideration even if related charges are dismissed or otherwise resolved.
7. Student clubs/organizations/athletics shall be expected to conduct themselves in a manner consistent with the College’s function as an educational institution. Student clubs/organizations/ athletics must observe all international, federal, state, or local laws, as well as the College’s policies, including the Code, both on-campus and off-campus.

Jurisdiction

1. On-campus: The code applies to conduct which takes place on college premises.
2. Off-Campus: The code generally is not applied to conduct which occurs off campus, but the College retains the right to act in cases where there is a sufficient connection between the off-campus conduct and the College. Disciplinary action imposed by NMJC may proceed, and be in addition to, any penalty that might be imposed by an off-campus authority. Examples of when off-campus conduct will result in action under the Code include but are not limited to the following:
   1. Conduct at college sponsored events.
   2. Conduct on college sponsored trips.
   3. Conduct at locations at with which the College has a student use agreement (such as the CORE).
   4. Conduct which reasonably may present a significant risk of harm to the campus community (health, welfare, and/or safety of the student or others).
   5. Conduct which significantly impinges upon the rights, property or achievements of self or others or significantly breaches the peace or causes social disorder.
   6. Conduct involving alcohol or drugs.
   7. Conduct detrimental to the educational mission or interests of the College.
   8. Conduct at off-campus events while representing the College (such as Intramurals).

Interim Suspension

An interim suspension is a temporary removal of the student by a Vice President or designee based upon the facts which show the student constitutes a danger to property, to self, or to others. A group of professionals usually comprised of the Dean of Students, Chief of Campus Safety, and a Licensed Professional Counselor will do a risk assessment based on the student’s behavior to justify an interim

suspension. The student will immediately be given notice of reason(s) for the interim suspension. Such notice shall be given in writing and hand delivered whenever possible. An interim suspension is not based upon the presumption of the student’s guilt. It is a measure to provide safety to all parties involved. The student has two (2) working days to appeal in writing to the Vice President of Student Services, who will review the request and render a written decision within two (2) working days of the request for an appeal.

Removal from Campus

At the request of an authorized NMJC official, an individual(s) will be removed from campus by appropriate law enforcement personnel or NMJC Campus Safety, if they present a danger to themselves or others on the campus. At this time, the individual(s) will be notified that further attempts to come onto campus will result in a criminal trespass violation. The student has two (2) working days to appeal in writing to the Vice President of Student Services, who will review the request and render a written decision within two (2) working days of the request for an appeal.

Prohibited Conduct

It is understood that every possible act of misconduct cannot be specifically stated. The following areas of misconduct are a representative list and apply whether they are performed singly, within a group, or as a function of an NMJC organization or team.

Some acts of misconduct may result in arrests and charges being filed under local, state, or federal laws. The College reserves the right to discipline students for acts of misconduct which have a direct detrimental impact on the institution’s educational functions, wherever they occur.

The Dean of Students or designee may initiate disciplinary proceedings against a student for violations of the Code. Specific examples of prohibited conduct subject to disciplinary action include, but are not limited to, the following:

1. Abuse of Conduct Process - Abuse or interference with, or failure to comply in, college processes such as conduct and academic integrity hearings:
   1. Falsification, distortion, or misrepresentation of information.
   2. Giving false testimony or fraudulent evidence in college disciplinary proceedings.
   3. Failure to provide, or destroying or concealing, information during an investigation of an alleged policy violation.
   4. Attempting to discourage an individual’s proper participation in, or use of, the campus conduct system.
   5. Harassment (verbal or physical) or intimidation of a member of a campus conduct body prior to, during, or following a campus conduct proceeding.
   6. Failure to comply with the sanction(s) imposed by the campus conduct system.
   7. Influencing, or attempting to influence, another person to commit an abuse of the campus conduct system.
   8. Action or inaction with another or others to violate the code.
   9. Retaliation of any kind to the complainant, witnesses, administrators, faculty, staff, or student.
2. Alcohol and Drugs
   1. Alcohol: Possession (includes empty alcoholic containers or being in the vicinity of alcohol on any property owned by NMJC), use, manufacture, distribution, and/or being under the influence of alcoholic beverages, in any form, in or about college grounds, instructional buildings, residence halls, or at any college approved activity, on or off campus.
   2. Drugs: Use, manufacture, distribution or possession of marijuana (includes being in the vicinity of drugs on any property owned by NMJC where drugs are found), illicit drugs, narcotics, drug paraphernalia, synthetic cannabis, and/or chemicals. Illegal drugs are prohibited at NMJC and may result in immediate expulsion from the College and/or loss of scholarships or other financial aid. This prohibition applies regardless if student complies with state recreational or medical use laws.
   3. Prescription Medications: Abuse, misuse, sale, or distribution of prescription or over-the-counter medication or the use of prescription drugs other than by the person to whom the drug is prescribed.
   4. Possession of a Medical Marijuana Registry identification card, regardless of state issued, does not authorize a student to possess, use or distribute marijuana or marijuana drug paraphernalia.
   5. Misuse of Legal Substances: Inhaling or ingesting a substance (including but not limited to nitrous oxide, glue, paint, gasoline, solvent, etc.) or using the substance other than for its intended purpose.
3. Assault
   1. Aggravated Assault: An attack by one person upon another, in which the offender uses or displays a weapon in a threatening manner or the victim suffers injury involving apparent broken bones, loss of teeth, possible internal injury, severe laceration, or loss of consciousness.
   2. Simple Assault: An unlawful physical attack by one person upon another where neither the offender displays a weapon, nor the victim suffers obvious severe or aggravated bodily injury involving apparent broken bones, loss of teeth, possible internal injury, severe laceration, or loss of consciousness.
   3. Sexual Assault: any physical act that is sexual in nature and which is committed under pressure of force, threat, or coercion, or without the full and informed consent of all persons involved. This includes rape, fondling, incest, and statutory rape.
4. Bystander Behavior
   1. Complicity with or failure of any student to appropriately address known or obvious violations of the code.
   2. Complicity with or failure of any organized group to appropriately address known or obvious violations of the code or law by its members.
5. Damage or Destruction - Intentional, reckless or unauthorized damage, or destruction of, college property or the personal property of another.
6. Discrimination or Harassment
   1. Discrimination: Any act or failure to act that is based upon an individual or group’s actual or perceived status related 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 that is sufficiently sever that it limits or denies the ability to participate in or benefit from the college’s educational program or activities.
   2. Harassment: Any unwelcome conduct based on actual or perceived status including: age, ancestry, color, disability, gender identity, genetic information, national origin, race, religion, serious medical condition, sex, sexual orientation, spousal affiliation, or protected veteran status. Any unwelcome conduct should be reported to campus officials, who will act to remedy and resolve reported incidents on behalf of the victim/complainant and community.
   3. Hostile Environment: When harassment is sufficiently severe, pervasive or persistent and objectively offensive that it unreasonably interferes with, limits, or denies the ability to participate in or benefit from NMJC’s educational or employment program or activities.
   4. Bullying: When harassment is sufficiently severe, pervasive or persistent and objectively abusive that it unreasonably interferes with, limits, or denies the ability to participate in or benefit from NMJC’s educational or employment program or activities.
   5. Retaliatory Discrimination or Harassment: Any intentional, adverse action taken by any responding individual or allied third party, absent legitimate nondiscriminatory purposes, against a participant (or supporter of a participant) in a civil rights grievance proceeding or other protected activity.
7. Dishonesty
   1. Academic cheating or plagiarism (Section IV, Academic Policy)
   2. Falsification - Knowingly furnishing or possessing false, falsified or forged materials, documents, accounts, records, identification, or financial instruments.
   3. Misuse of college documents or identification.
   4. Election Tampering - Tampering with the election of any college recognized student organization.
8. Disruptive or Disorderly Behavior
   1. Disorderly Conduct - Conduct, such as but not limited to, acts that interfere with public peace, order, or safety.
   2. Disruptive Behavior - Substantial disruption of college operations including obstruction of teaching, administration, or other college or authorized non-college activities which occur on campus.
   3. Rioting - Causing, inciting, or participating in any disturbance that presents a clear and present danger to self or others, causes physical harm to others, or causes damage or destruction of property.
   4. Unbecoming or unprofessional behavior and/or conduct while interacting on campus with any member of the campus community - employees, students, or guests or at any college function on or off campus.
9. Failure to Comply
   1. Failure to comply with directions, written or verbal, of college officials, law enforcement agents, or residence hall staff acting in the performance of their duties.
   2. Refusing to respond to an official request related to alleged violation of college policy or regulation.
   3. Failure to properly identify oneself to those persons when requested to do so.
10. Financial Responsibilities - Failure to promptly meet financial responsibilities to the institution, including, but not limited to knowingly passing a worthless check or money order in payment to the institution or to an official of the institution acting in an official capacity.
11. Fire Safety - Violation of local, state, federal or campus fire policies including, but not limited to:
    1. Intentionally or recklessly causing a fire which damages college or personal property or which causes injury.
    2. Failure to evacuate a college-controlled building during a fire alarm.
    3. Improper use of college fire safety equipment.
    4. Tampering with or improperly engaging a fire alarm or fire detection/control equipment while on college property.
    5. The reporting of false fires, bomb threats, or other false emergency alarms.
12. Gambling – Gambling is not permitted as prohibited by the laws of the State of New Mexico.
13. Harm to Persons - Intentionally or recklessly causing physical harm or endangering the health, welfare, or safety of any member of the campus community including self is prohibited.
14. Hazing - An act that endangers the mental or physical health or safety of a student, or that destroys or removes public or private property, for the purpose of initiation, admission into, affiliation with, or as a condition for continued membership in a group or organization. Participation or cooperation by the person(s) being hazed does not excuse the violation. Failing to intervene may also violate this policy.
15. Health and Safety - Creation of health or safety hazards including, but not limited to:
    1. Hanging out of or climbing from/on/in windows, balconies, stairwells, roofs, or moving vehicles.
    2. Unsafe operation of motor vehicles.
    3. Ingestion of dangerous substances.
16. Interference - Engaging in overt physical acts which interfere with the normal or sponsored activities of the college on or off the campus, including, but not limited to:
    1. The blocking of ingress or egress to the College’s facilities.
    2. Tampering with public utilities.
    3. Prevention of freedom of movement or expression by other students, college officials, law enforcement agents, faculty members, employees and invited guests.
17. Intimate Partner/Relationship Violence (This will follow Section VI, Title IX policy.)
    1. Dating Violence - Violence or abuse committed by a person who is or has been in a social relationship of a romantic/intimate nature with the victim. The existence of such a relationship is based on the reporting party’s statement with consideration of the length and the type of relationship, and the frequency of interaction between the persons involved in the relationship.
    2. Domestic Violence – Domestic violence includes felony or misdemeanor crimes of violence committed by a current or former spouse or intimate partner of the victim, by a person with whom the victim shares a child in common, by a person who is cohabitating with or has cohabitated with the victim as a spouse or intimate partner, by a person similarly situated to a spouse of the victim under the domestic or family violence laws of the state of New Mexico, or by any other person against an adult or youth victim who is protected from that person’s acts under the domestic or family violence laws of the state of New Mexico.
18. Other Policies - Violation of NMJC policies or rules including but not limited to:
    1. Residence Hall rules and regulations.
    2. Information Technology (IT) Acceptable Use
    3. Trademark - Unauthorized use or misuse of college or organizational names and images.
    4. Academic Policies
    5. Copyright Policy
19. Personal Transportation Devices (Section II, Campus Safety, Transportation, Traffic, and Parking)
    1. Skateboards, scooters, hover boards, roller blades, roller skates, bicycles, and similar wheeled devices are not permitted to be ridden inside college buildings, residence halls or on athletic fields or courts.
    2. Wheeled items may not be ridden on rails, curbs, benches, or any such fixtures that may be damaged by these activities (individuals may be liable for damage to college property caused by these activities).
20. Public Exposure - Includes deliberately and publicly exposing one’s intimate body parts, public urination, defecation, and public sex acts.
21. Sexual Misconduct - Includes, but is not limited to, sexual harassment, non-consensual sexual conduct, sexual assault, sexual abuse, solicitation, or sexual exploitation. (See Section VI, Title IX for the specific violations that will be handled through that process.)
22. Smoking and Tobacco
    1. Smoking - Smoking (including e-cigarettes and vapor pens) is prohibited in all college buildings, classrooms, residence halls and college vehicles.
    2. Tobacco Products - The use of all tobacco products, including but not limited to cigar, cigarette, pipe, snuff and chewing tobacco, is prohibited in all college buildings, classrooms, residence halls, and college vehicles.
23. Theft
    1. Theft or attempted theft of college property or personal property of another, including goods, services, and other valuables.
    2. Possession, sale, or barter of stolen items.
24. Threatening Behavior
    1. Threat: Written or verbal conduct that causes a reasonable expectation of injury to the health, welfare, or safety of any person or damage to any property.
    2. Intimidation: Intimidation defined as implied threats or acts that cause a reasonable fear of harm in another.
    3. Bullying or Cyberbullying: Repeated or severe aggressive behaviors that intimidate or intentionally harm or control another person physically or emotionally, and are not protected by freedom of expression.
    4. Stalking: Engaging in a course of conduct directed at a specific person that would cause a reasonable person to (1) fear for the person’s safety or the safety of others (2) or suffer substantial emotional distress.
25. Unauthorized Access or Use
    1. Unauthorized access - Unauthorized access to a building, room, classroom, office, athletic facility, vehicle, or residence hall.
    2. Misuse of access privileges - This includes propping doors or gates, or unauthorized use of alarmed doors for entry into or exit from college buildings.
    3. Unauthorized Use - Unauthorized use or possession of college property.
26. Violation of Law - Violation of local, state, or federal law, when substantiated through the college’s conduct process.
27. Weapons and Other Explosive Materials/Devices - Possession, use, or distribution of:
    1. Explosives (including fireworks and ammunition).
    2. Firearms loaded or unloaded (including air, BB, paintball, facsimile weapons, and pellet guns).
    3. Other weapons or dangerous items such as any types of arrows, machetes, nun chucks, throwing stars, daggers, brass knuckles, switchblade knives, bowie knives, poniards, swords, butcher knives, dirk knives and all such weapons with which dangerous cuts can be given, or with which dangerous thrusts can be inflicted, including sword canes, and any kind of sharp pointed canes, also slingshots, slung shots, bludgeons; or any other weapons with which dangerous wounds can be inflicted.
28. Engaging in, or use of obscene, lewd, or vulgar language, behavior and display regardless of the medium.
29. Animals on Campus (Section VIII, Service and Assistance Animals on Campus) With the exception of service and emotional support animals, animals are not allowed on NMJC property, except as permitted by NMJC policy and/or related to official NMJC programs, curriculum, and activities.
    1. Violating applicable local laws relating to the control, care, and owner’s handling of animals.
    2. Violating the NMJC Pet Policy.

Disciplinary Procedures

The Vice President for Student Services (VPSS) or designee is ultimately charged with the administration of the discipline system at the College. The Vice President for Instruction (VPI) or his/her designee is charged with the administration of discipline in all academic matters. Faculty may impose penalties for acts of cheating and plagiarism by students on any graded work or exam. Department heads, in coordination with program sponsors/coaches may impose penalties for violations in cooperation with the VPSS.

The Dean of Students or designee shall assess all suspected and reported violations of the Code. Complaints regarding alleged misconduct must be submitted to the Dean of Students as soon as possible after the alleged violation.

After completing an initial inquiry, the Dean of Students or designee may:

1. Dismiss the allegations as unfounded.
2. Summon the student for a conference.
3. Dismiss, upon completion of the conference, the allegations or impose disciplinary sanctions.
4. Impose immediate interim action if the continued presence of the student poses a danger or perceived risk to harm person(s) or property or a disruption of the academic process of the College.
   
   A risk assessment will be completed by the Dean of Students, Campus Safety, and a Licensed Professional Counselor. The student will have two (2) working days to appeal in writing to the VP President of Student Services who will review the request and render a written decision within two (2) working days of the request for an appeal.

Notice of Complaint

1. The Dean of Students or designee shall deliver a notice summarizing the alleged misconduct either by mail, hand delivery, or electronic means. All students are responsible for maintaining a current physical mailing address with the College. The College uses Maxient software and all communication will first be sent electronically to the student’s official NMJC email address.
2. The Dean of Students or designee shall give notification of a date to meet him/her for a disciplinary conference. If the date and time for the conference is not satisfactory for the student, then it is the responsibility of the student to reschedule. The student automatically waives his/her right to a conference if the Dean of Students is not contacted, a conference is not rescheduled, and the conference is not kept by the student. A decision may be made by the Dean of Students or designee solely on the information at hand.
3. In cases where there is a concern for the health, safety, and health of any individual(s) of the campus community, then a Notice of Complaint does not have to be sent because of the urgency of the matter.
4. If the student shows up prior to the Notice of Complaint letter being sent to the student, then there is also no need to send the Notice of Complaint out to the student.

Notice of Disciplinary Findings

1. If it is determined that the greater weight of evidence or preponderance of evidence indicates that a student engaged in a violation of the Code, then the Dean of Students or designee shall deliver a Notice of Disciplinary Findings.
2. The Notice of Disciplinary Findings shall include information regarding the Review process.
3. This notice shall inform the student of the findings, a rationale for the decision, any imposed sanctions or restrictions, and the student’s right to request a review by the Student Disciplinary Committee, if applicable.

Possible Sanctions

1. Admonition – Oral or written reprimand.
2. Discretionary sanctions – These include work assignments, service to the College, etc.
3. Disciplinary probation – Probation indicates that the student has engaged in unacceptable behavior and that a period of observation is needed to substantiate that behavior has improved. Additional conditions may be imposed during the probationary period, such as counseling, educational seminars/courses, etc. An additional violation may result in more severe action.
4. Withholding of grades, official transcript, certificate of completion, or degree.
5. Suspension of rights and privileges – This type of suspension includes, but is not limited to, participation in intramurals/recreation center, participation in extracurricular activities, election to office, restrictive building or area access, revocation of housing or visitation privileges, etc.
6. Administrative withdrawal from course(s).
7. Bar against readmission – This action is for a specific period of time and/or may involve the student's drop from current enrollment entirely or from enrollment in one or more courses.
8. Restitution – This action requires reimbursement for damages to property or for misappropriation of property. Restitution may be achieved either monetarily or by specific duties.
9. Failing grade or other academic penalty.
10. Denial of degree – A denial shall become part of the student’s permanent record.
11. Revocation of a degree, grade, or certification – A revocation shall become part of the student’s permanent record.
12. Probated Housing Suspension – Any other violation of College policy may result in removal from on-campus housing privileges.
13. Suspension – A suspension shall result in the student’s removal from the College for a specified period of time. A suspended student shall be administratively withdrawn from NMJC, prohibited from entering the College’s premises, and blocked from future registration until approval is granted by the Conduct Officer or his/her designee. Suspension shall become a part of the student’s permanent record and may be removed at the completion of the sanction, at the student’s request.
14. Expulsion – This action results in permanent removal from the College. An expelled student shall be administratively withdrawn from NMJC and prohibited from entering the College’s premises. Expulsion shall become part of the student’s permanent record.
15. Other penalties as seen fit by the appropriate administrator at the College.

Review Process

1. Only sanctions that include restrictions, loss of privileges, withholding/revocation of grades or degrees, suspension, or expulsion shall be reviewed by the Student Disciplinary Committee. All Title IX (Section VI, Title IX) and Academic Dishonesty (Section IV, Academic Policies) cases will follow the proper policies and procedures pertaining to the review.
2. A student shall have five (5) working days to request a review from the date of the Notice of Disciplinary Findings letter to request a review to the Dean of Students. The request must be made in legible writing and contain the reason for the request and possible alternative sanctions or resolutions.
3. The student shall be notified within five (5) working days of the time, date, and location of the review by the Dean of Students or designee if the request was made within the timeframe. Any delays due to extenuating circumstances shall be documented and all parties shall be notified accordingly.
4. At least two (2) working days prior to the review, a list of witnesses and documentation must be provided to the Chair of the Student Disciplinary Committee.
5. The Dean of Students or designee shall present the College’s case followed by the student’s presentation. Each Party shall have the opportunity to present testimony and evidence in support of their position. There is no cross examination between the student or the College. The Student Disciplinary Committee shall be allowed to question both parties, witnesses, and request additional information or clarification.
6. Review procedures shall be confidential and closed to the public.

Student Disciplinary Committee

1. The Student Disciplinary Committee consists of three (3) members of the campus community including a Chairperson, a faculty member and a staff member. All members shall be approved by the President.
2. The Chairperson shall direct proceedings of the review and participate fully in all reviews to include voting.
3. The objective of the Student Disciplinary Committee is to review the findings and sanctions originally imposed by the Dean of Students or designee. The Committee may not impose more severe penalties.
4. At the conclusion of the presentation of information, the Student Disciplinary Committee will render a decision on the matter. The decision shall be made by majority vote. The decision will consist of one of the following:
   1. Uphold disciplinary decision in its entirety.
   2. Reverse disciplinary decision.
   3. Modify disciplinary decision in part or in its entirety.
5. The findings and conclusions of the Student Disciplinary Committee shall be final.
6. The Chairperson will have three (3) working days to provide written results of the review to both parties. The letter shall include a rationale for their decision when the decision of the Dean of Student’s is not upheld.

General Rules for Reviews

1. Reviews are informal proceedings, and traditional rules of the courtroom evidence shall not apply. However, the Dean of Students or his/her designee must show preponderance of evidence and that the sanction imposed was reasonable based upon the circumstances.
2. An advisor, attorney, or support person for the student may be present for the review; however, the advisor, attorney, or support person may not make statements, represent the accused, or question witnesses.
3. If an attorney accompanies a student for the review, the attorney shall not be permitted to present evidence before the Student Disciplinary Committee. The College reserves the right to counsel in the event it is deemed necessary. The time frame for scheduling a review may be extended if the College elects to retain counsel.