Sex Discrimination/Sexual Harassment

NMSU is committed to providing a place of work and learning free of sexual misconduct which includes sexual harassment and sexual violence. Engaging in sexual behavior that is inappropriate, unwanted and unsolicited is a violation of NMSU policy.   Where sexual harassment is found to have occurred, NMSU will act to address the reported 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 unwelcome non-verbal, verbal or physical conduct that is of a sexual nature. Even one incident may constitute a violation of NMSU policy.

Determining what constitutes sexual harassment under this policy is dependent upon the specific facts and the context in which the conduct occurs.   Some conduct may be unprofessional and/or subject to disciplinary action, but would not fall under the definition of sexual harassment.   The specific action taken, if any, depends on the nature and the seriousness of the reported conduct and may include disciplinary processes.

Under this policy, unwelcome sexual advances, requests for sexual favors, and other non­ verbal, verbal or physical conduct of a sexual or gender bias nature, constitute a violation of policy when:

  • Submission to such conduct is made either explicitly or implicitly a term or condition of an individual’s employment or academic status;
  • Submission to or rejection of the conduct is used as a basis for academic or employment decisions or evaluations, or permission to participate in an activity; or
  • The conduct 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.

Sexual harassment may take many forms, subtle and indirect, or blatant and overt.

Examples of unwelcome conduct of a sexual or sex related nature that may constitute a violation of policy may include, but are not limited to:

  • Rape, sexual assault, sexual battery, sexual coercion, sexual exploitation, stalking, or other sexual violence;
  • Sexual violence is a physical act perpetrated against a person’s will or where a person is incapable of giving consent due to the victim’s use of drugs or alcohol. Additionally, a person may be unable to give consent due to an intellectual or other disability;
  • Sexually explicit or gender related statements, comments, questions, jokes, innuendoes, anecdotes, or gestures;
  • Uninvited touching, patting, hugging, or purposeful brushing against a person’s body or other inappropriate touching of an individual’s body;
  • Remarks of a sexual nature about a person’s clothing or body;
  • Use of technology, electronic mail or computer dissemination of sexually oriented, sex­ based communications or sexually explicit images;
  • Sexual advances, whether or not they involve physical touching;
  • Requests for sexual favors in exchange for actual or promised job or educational benefits, such as favorable reviews, salary increases, promotions, increased benefits, continued employment, grades, favorable assignments, letters of recommendation;
  • Displaying sexually suggestive objects, pictures, magazines, cartoons, or screen savers; or
  • Inquiries, remarks, or discussions about an individual’s sexual experiences or activities and other written or verbal references to sexual conduct.

Forms:

Guidelines:

NMSU Discrimination Policy:

Regents Policy Manual

  • 3.25 Equal Opportunity and Prohibition of Unlawful Discrimination
  • 3.22 Conflicts 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