Title IX

NMSU does not discriminate on the basis of sex in education programs and activities; Title IX of the Education Amendments Act of 1972 is a federal law that states:

“No person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity receiving Federal financial assistance.”

Title IX prohibits:

  • Sexual misconduct (including sexual violence)
  • Sex discrimination (gender bias)
  • Sexual harassment
  • Retaliation

Title IX applies to students, staff and faculty. Title IX requires reporting from “responsible employees” for which purposes of policy can be defined to include:

  • Those with authority to address and remedy sex-based discrimination and harassment; and/or
  • Those with responsibility to report sexual misconduct to a supervisor and OIE; and/or
  • Those who a student would responsibly believe have such authority or obligation.

In cases involving harassing speech, assessing Title IX applicability to off-campus behavior will require a two-prong test:

  • Does NMSU have control over the harasser (subject to our rules) and
  • Does NMSU have control over the context of the harassment (on our property, in our programs, on land we lease or control, or at events we sponsor)
  • NMSU will reserve the option to take off-campus jurisdiction in cases involving sexual violence, sexual assault, or rape that involve students or employees.


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