Discrimination Policy

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.

No employee or student, either in the workplace or in the academic environment, should be subjected to discrimination which includes inappropriate conduct. Even one incident may constitute a violation of policy. It is expected that students, faculty and staff will treat one another and campus visitors with respect.

It is against NMSU policy to discriminate in any aspect of employment or education, which includes, but is not limited to:

  • hiring actions and terminations;
  • compensation, assignment, or classification of employees;
  • transfer, promotion, layoff, or recall of employees;
  • job advertisements;
  • recruitment actions;
  • testing;
  • grading;
  • acceptance or participation in an academic program or activity;
  • use of university facilities;
  • training programs;
  • benefits;
  • retirement plans, and paid and unpaid leave programs;
  • housing;
  • academic accommodation;
  • employment accommodation;
  • financial aid;
  • other terms and conditions of employment

Determining what constitutes discrimination under NMSU Policy  Chapter 3.25 will be accomplished on a case by case basis and depends upon the specific facts and the context in which the conduct occurs. Some conduct may be inappropriate, unprofessional, and/or subject to disciplinary action, but would not fall under the definition of discrimination. The specific action taken, if any, relating to a particular instance depends on the nature and the seriousness of the conduct that is reported.

Discriminatory practices include, but are not limited to:

  • discrimination on the basis of a person’s age, ancestry, color, disability, gender identity, genetic information, national origin, race, religion, sex, protected veteran status, sexual orientation, serious medical condition or spousal affiliation;
  • retaliation against an individual for engaging in a protected activity such as filing a charge of discrimination, participating in an investigation, or opposing discriminatory practices;
  • use of electronic mail or computer dissemination of offensive material relating to protected categories;
  • denying or interfering with an employee’s or student’s authorized reasonable accommodation based on disability or religion;
  • employment or education decisions based on stereotypes or assumptions about the abilities, traits or performance of individuals based on age, ancestry, color, disability, gender identity, genetic information, national origin, protected veteran status, race, religion, serious medical condition, sex, sexual orientation, or spousal affiliation; and
  • conduct that has the purpose or effect of substantially interfering with an individual’s academic or work performance, or of creating an intimidating, hostile or offensive environment in which to work or learn.

NMSU Discrimination Policy:

Regents Policy Manual

  • 3.25 Equal Opportunity and Prohibition of Unlawful Discrimination
  • 3.22 – Conflict of Interest Arising from Consensual Relationships

Administrative Rules and Procedures of NMSU

  • 3.25 – Discrimination, Harassment and Sexual Misconduct on Campus
  • 3.30 – Disability Accommodation
  • 3.90 – Religious Denominations
  • 1.20 – Gender Equity Policy and Statement of Principles
  • 3.22 Conflicts of Interest Arising from Consensual Relationships

NMSU Policy Statement: