Employees and students may file an internal discrimination complaint with OIE within fifteen (15) working days from the date of the incident(s). Individuals may use the NMSU Internal Discrimination Complaint Form to submit their complaint. The use of this form facilitates the gathering of information that is necessary to assess the complaint. The OIE Director (or designee) may extend the filing date of a complaint beyond the fifteen (15) working days if there are extenuating circumstances.
OIE will provide the option to the complainant of pursuing their complaint through an informal (which may include mediation) or formal process (submittal of the complaint). The formal internal discrimination complaint will be subject to an initial review to determine if the complaint will proceed to the investigation. If the initial review finds that the complaint will not be accepted for investigation, the OIE Director (or designee) will inform the complainant in writing of the decision. The complainant may appeal the decision in writing to the Executive Vice President and Provost (or designee) within five (5) working days of receipt of the notification letter.
If the internal discrimination complaint is accepted, the accused individual(s) will be provided a copy of the complaint and will be extended five (5) working days to provide a written response to OIE. OIE shall initiate the process to investigate the complaint. This process includes interviewing the complainant, respondent, potential witnesses and the gathering of any related documents.
All individuals are required to cooperate with any investigation in response to allegations of discrimination. Refusal to cooperate in an investigation may result in disciplinary action in accordance with university policy or student code of conduct.
The completion of the investigation will be within sixty (60) days of initiation unless there are extenuating circumstances. A report of inquiry will be generated by the investigator and forwarded to the Executive Vice President and Provost. Within fifteen (15) days of receipt, the Executive Vice President and Provost (or designee) will review the report and render a decision in writing to the OIE Director. The standard of evidence used for internal discrimination investigations is the “preponderance of the evidence”. Preponderance of the evidence means the greater weight of the evidence. The OlE Director (or designee) will transmit the Executive Vice President and Provost’s (or designee) decision in writing to the complainant, the accused and appropriate administrators. The completion of the decision transmittal exhausts the internal process available under this policy for employees, students and others or may file complaints.
Complaints of discrimination or sexual harassment are taken seriously and will be dealt with promptly, impartially, and equitably. Where discrimination is found to have occurred, NMSU will act to stop the reported conduct, to prevent its recurrence, to remedy its effects, if any, and to discipline those responsible.
Cases for students who are found to have violated the NMSU Student Code of Conduct and/or NMSU Policy Manual will be referred to Assistant Dean of Students. Sanctions for students may include action up to and including expulsion.
Cases for employees who are found to have violated NMSU Policy Manual will be referred to Human Resource Employee & Labor Relations. Sanctions for employees may include employment action up to an including termination in accordance with provisions of the NMSU Policy Manual.
- Complaint Procedures Guideline
- Responding Party Rights Poster
- Supervisor’s Guidance on Discrimination-Harassment
- Faculty and Staff Step by Step Guidance on Reporting Sexual Assault
NMSU Discrimination Policy:
- 3.25 – Equal Opportunity and Prohibition of Unlawful Discrimination
- 3.22 – Conflicts of Interest Arising from Consensual Relationships
- 3.25 – Discrimination, Harassment and Sexual Misconduct on Campus
- 3.30 – Disability Accommodation
- 3.90 – Religious Denominations
- 1.20 – Gender Equity
- 3.22- Conflicts of Interest Arising from Consensual Relationships