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Section XII: Other College Policies

12.01 Security Policy and Crime Statistics

The College complies with the federal Crime Awareness and Campus Security Act of 1990 by publishing and distributing security policies, procedures and crime statistics for each campus. The information is distributed in compliance with the requirements of the act. It is also available from Campus Security and the Marketing & Communications, and it is published in the College website.

  1. Employees are reminded to secure all College-owned equipment and facilities when their use terminates for the day.
  2. Employees are advised against leaving personal property unattended in unsecured locations.
  3. Any thefts or losses must be reported promptly to Campus Security. A Security person will contact law enforcement agencies and make an investigation.

12.02 Dangerous Substances

Revised: 5/12/15

CNM has committed its resources to creating an environment that fosters learning. Such an environment depends in part on the physical, emotional and social well-being of CNM employees. Abuse of alcohol and drugs impairs work performance, poses a threat to the health and safety of the CNM community and undermines the learning environment. CNM is committed not only to maintaining a drug-free campus but also to helping employees solve drug- and alcohol-related problems. Nothing in this policy should be construed as prohibiting the lawful use of alcoholic beverages for academic purposes in the Culinary Arts and Hospitality and Tourism Programs as long as such use is consistent with standard industry practices.

A. Definitions. This policy covers all property owned, used, leased or controlled by CNM and any other site where official CNM business is being conducted. Controlled substances are defined in Schedules I through V of the Controlled Substances Act, 21 U.S.C.812, and implementing regulations, 21 CFR 1308.11-1308.15. Controlled substances include, but are not limited to, marijuana, cocaine (including crack), amphetamines, heroin, PCP, hallucinogens and certain prescription drugs. Illegal uses of alcohol include, but are not limited to, serving, buying or drinking alcohol by a minor; assisting a minor or an intoxicated person to get alcohol; selling alcohol without a license and driving while under the influence. This policy is not intended to supersede or negate any existing policies on substance abuse, employee discipline or any additional requirements imposed on CNM or its employees by federal or state law.

B. Policy Statement. CNM will support and enforce the laws of the city, state and federal governments regarding the use, sale or possession of controlled substances or alcohol. The unlawful manufacture, distribution, dispensing, possession or unlawful use of controlled substances or alcohol on CNM property or as part of any of its activities by any CNM employee is strictly prohibited. It shall be a violation of this policy for any CNM employee to be illegally under the influence of a controlled substance while at work or on CNM property.

  1. As a condition of employment, all CNM employees shall abide by the terms of this policy. Violation shall result in disciplinary action, up to and including termination.
  2. Employees shall not drink alcoholic beverages during working hours, nor shall they report for work or otherwise be on CNM property under the influence of intoxicants to any degree, nor shall they have any odor of intoxicants on their breath. Employees shall not bring or store any open containers of alcoholic beverages on any College property or work site or in the employee’s vehicle while the vehicle is on College property.
  3. Employees under the care of a physician and using prescribed drugs on campus under a physician’s direction shall have a proper statement from the physician authorizing the use of the drug and describing the side effects, if any, resulting from the use of the drug. If, in the opinion of the supervisor, an employee’s actions and/or behavior are considered unsafe as a result of using the drug, the employee may be sent home.
  4. Any employee engaged in the performance of work under a federal contract or grant is required, as a condition of employment, to notify his/her supervisor in writing within five calendar days if he/she is convicted of a criminal drug statute violation occurring in the workplace. Failure of the employee to notify the supervisor shall be grounds for disciplinary action. The supervisor shall notify the CNM administration. The administration is required to notify the grant agency in writing within 10 calendar days after receiving such notice from an employee or otherwise receiving action notice of such conviction.
  5. In recognition of the dangers of substance abuse in the workplace, CNM shall maintain alcohol- and drug-free awareness programs to inform members of the campus community about issues and risks of substance abuse. An Employee Assistance Program is available; information and referral for treatment also are available through the CNM Health Center. The College will observe confidentiality regarding requests by employees for any type of substance abuse counseling information or assistance. No information will be disclosed without the written consent of the employee except in response to court order.

CNM’s response to any violation of this policy may include, as a total or partial alternative to the disciplinary action, a requirement that the employee participate satisfactorily in an approved substance-abuse treatment or rehabilitation program as a condition of continued employment.

12.03 Weapons and Firearms

Carrying, possessing or storing weapons and firearms on College property or in the employee’s vehicle while the vehicle is on College property is prohibited. Exceptions to this policy are law enforcement officers authorized by law to carry firearms, and students participating in law enforcement instruction requiring the use of firearms who are under the supervision of a certified law enforcement instructor. Other exceptions shall be approved in advance by the vice president for administrative services or designee. Violation of this policy may result in termination of employment.

12.04 Illness and Injuries

If a person becomes ill or is injured on CNM property, an employee provides or summons first aid assistance and takes additional action as described below.

  1. Life-Threatening Situations. First call 911 or 9+911 and remain on the line as long as needed to provide additional information and directions. Then, Security/Dispatch will summon appropriate assistance.
  2. Non-Life-Threatening Situations. Contact Security (extension 3001) or the Safety Office (extension 4657) and encourage the injured or sick person to seek appropriate medical care.
  3. The cost of transportation is the responsibility of the injured or sick person.

12.05 Fires

  1. CNM buildings have local fire alarms. In case of fire, suspected fire, or other condition requiring the impacted building to be evacuated, activate the nearest alarm and leave the building. From another location, notify Security (extension 3001).
  2. When a fire alarm sounds on campus, all personnel must evacuate the building promptly.
  3. Fire evacuation routes are posted for all campus locations and should be observed.

12.06 Safety

  1. The College shall take all practical steps to safeguard students, employees and the public from accidents and to provide a safe and healthful educational and work environment.
  2. Each department shall take steps to prevent injuries and to prevent loss of time, productivity and assets. Employees at every level are required to support their department’s safety efforts and to comply with federal, state and local laws and ordinances pertaining to hazardous and biomedical wastes, fire hazards, accident prevention and health maintenance.
  3. Supervisors are responsible for providing safe and healthful working conditions for employees. In carrying out this responsibility, established safety procedures and guidelines must be supported. Mandated training is important and must be taken seriously. Supplied safety equipment shall be utilized and/or worn. Supervisors shall enforce compliance and apply appropriate corrective procedures for noncompliance.
  4. It is incumbent upon each employee to help protect CNM’s resources through personal awareness and concern for health and safety.
  5. The Campus Safety Office shall assist employees in safety efforts and, whenever possible, provide liaison between the College and safety and environmental regulatory agencies.

12.07 Telephones

  1. Long Distance Phone Calls. Long distance phone calls originating from College lines and billed to the College are listed on a monthly printout which is forwarded to each department. Accepting personal collect calls and charging personal long distance phone calls to the College is prohibited.
  2. Personal Phone Calls. The College recognizes that a limited number of personal local phone calls made during work hours is a necessary benefit for employees; however, such calls should be kept to a minimum.
  3. Phone Numbers. CNM telephone numbers are for College business use; inappropriate use or distribution of these numbers is prohibited. Examples of such inappropriate use or distribution include, but are not limited to, using a CNM phone number as the number for a personal business and entering CNM phone numbers on the Internet for personal reasons.

12.08 Children On Campus

CNM is a public institution for adults and has an obligation to its students to maintain an atmosphere conducive to learning at all times. Therefore, the following policies shall govern children on campus:

  1. Children under the age of 15 must be accompanied by an adult at all times while on CNM property.
  2. Children under the age of 15 may not be left unsupervised anywhere on CNM property.
  3. Children may not accompany a parent or other adult to any class or lab.
  4. Children left unattended on CNM property will be brought to the attention of the appropriate enforcement agency.
  5. Children on CNM property under adult supervision are expected to behave in a manner that is not disturbing to other CNM patrons.

12.09 Use of College Vehicles

  1. College vehicles are for official use only. Violations shall be cause for disciplinary action.
  2. Employees who use College vehicles on a regular basis shall comply with all applicable requirements as outlined in The Source policies and procedures manual.

12.10 Campus Parking and Traffic

  1. Parking and traffic on CNM campuses are governed by policies and procedures aimed at providing safe, fair and consistent services. Complete details are contained in The Source policies and procedures manual.
  2. Employees wanting to park private vehicles on CNM property must register these vehicles with Parking Services. CNM assumes no liability for private vehicles parked on CNM property.
  3. The College has two types of parking lots: non-fee and fee.
    1. Non-fee lots require parking decals, which are free and available at the Parking Services Office.
    2. Fee lots require vehicles to display appropriate paid parking permits, which may be purchased at the Cashier’s Office in the Student Services Center at Main Campus. Failure to display appropriate permits may result in a citation(s).
  4. Campus Security patrols CNM lots on a regular basis; nonetheless, individuals parking private vehicles on campus with or without a paid permit do so at their own risk.
  5. Parking citations will be enforced for vehicles parked on CNM property against policy. Employees that receive a parking citation will have a 16 day window from the date the citation is written to pay or appeal the citation. After that time period, CNM will send a formal letter to the employee describing the infraction and requesting payment within 10 days. If the 1 0 day period is not met, CNM will forward the violation to the CNM Human Resources department to establish a written agreement concerning payment of the citation.
  6. Escort service is available after 5 p.m. if it is dark and employees wish to be escorted to their cars. Requests at all campuses should be made to the switchboard to the main switchboard, 224-3002.

12.11 Smoke Free Campus

CNM is committed to wellness, prevention, and providing a health environment in which to learn, work, and visit. Therefore, smoking and the use of tobacco-related products of any kind, to include e-cigarettes, are prohibited on all CNM campuses except in clearly marked designated smoking areas.

Smoking any product, including the use of chewing tobacco and e-cigarettes, shall be limited to designated smoking areas and banned from all other areas at all of Central New Mexico Community College's campuses and locations. Designated smoking areas-are identified by signage and markings-on the sidewalk/pavement, and can be found on campus maps. There are designated smoking areas at all CNM locations.

12.12 College Property - Private Use Prohibited

The use of College equipment and property for private use is prohibited. Exempt from these provisions are uses which are part of a recognized College activity, and as outlined in Sections 12.13 through 12.16.

12.13 Non-College-Family Use of Buildings and Grounds

The public investment in the College and the general community welfare justify the use of buildings and grounds by outside groups that are not part of the College Family (see 12.14) except in the following instances:

  1. Selling or offering to sell goods or services; or
  2. Teaching or offering training services that compete with the College or courses offered or intended to be offered in the immediate future by the College.

Fundraising efforts of recognized student groups and the CNM Foundation are not prohibited. Use of College buildings or grounds must not interfere with College programs, administration or maintenance. Use of College buildings not conducted or sponsored by a member of the College Family shall be subject to payment of a fee in accordance with a schedule adopted by the administration. Reservations and other arrangements for use of College buildings and grounds should be directed to the Vice President for Administrative Services, who reserves the right to refuse the proposed use if, in the Vice President’s opinion, the use is not consistent with the mission or the best interest of the College.

12.14 College-Family Use of Buildings and Grounds

The buildings and grounds of the College may be used by the College’s administration, faculty, recognized student groups (those student groups registered with the Dean of Students Office), and foundation (“College Family”) for noncommercial purposes at no charge. Use of College buildings and grounds must not interfere with College programs, administration or maintenance. While no charge will be assessed for use of the buildings or grounds as those buildings or grounds are normally supplied or maintained, if special equipment or services are required, a reasonable charge may be assessed. Reservations and other arrangements for use of the College buildings and grounds should be directed to the Vice President for Administrative Services.

12.15 Policy on Advertising, Sponsorships, Distribution and Solicitation

Effective: 7/12/16

Central New Mexico Community College (“CNM” or the “College”) recognizes that potential sources of revenue or other non-financial benefits for the College exist through advertising, sponsorships and other activities. Such revenue is beneficial to the CNM community and will help CNM continue its tradition of excellence in higher education.

CNM must always be aware of its reputation and image in the community. As such, this policy sets forth the principles regulating the grant of advertising, sponsorship, and distribution rights with regard to College and non-College entities.

I. Advertising

A. Definitions

Advertising: Advertising is any advertisement, signage, label, logo, packaging, imprint, sales promotion activity or device, public relations material or events, merchandising or other activity or communication that has the intent of promoting or marketing a non-College product, service, event or organization.

Advertisement: An advertisement includes messages that contain qualitative or comparative language, price information, an endorsement, or an inducement to purchase, sell or use the advertiser’s products or services. See IRS Publication 598. Advertising is distinct from sponsorships.

B. Scope

General

CNM accepts paid advertising as a means of underwriting college costs at the discretion of the Executive Team. The contents of any advertisement must be reviewed and approved by the Marketing and Communications Office (MCO) and the Executive Team. All advertising shall be under a written agreement executed by the appropriate vice president or designee. Generally, a non-College entity may advertise at or about College events, in College publications, or on College property, including the use of electronic media, when (1) revenue or other benefits will be generated for any College program; and (2) the standards and criteria stated herein and in other college policies are complied with. CNM maintains complete discretion over advertising rates and may offer special rates at any time.

Improper Advertisements

CNM retains the right to refuse any advertising that it considers improper. An advertisement is considered improper when it (1) conflicts with CNM policies; (2) will negatively affect CNM’s reputation; (3) appears to establish an endorsement by CNM of a certain company, product, political candidate or public policy; (4) could be considered profane, obscene or indecent; (5) is discriminatory against persons on the basis of any protected class under federal or state law; and (6) promotes tobacco products.

Unrelated Business Income Tax (UBIT)

Advertising revenue may be unrelated business income that is subject to UBIT under the Internal Revenue Code. Legal counsel may be contacted prior to executing a written agreement in order to determine whether there are tax implications.

II. Sponsorships

A. Definitions

Sponsorship: Sponsorship means the provision by a non-College entity of money, goods, or services to the College. Sponsors may be provided an Acknowledgment of the Sponsorship, event tickets, food, beverages or other tangible return benefits. Sponsorships and sponsorship acknowledgments are not advertising. There are two types of sponsorships: qualified sponsorships and non-qualified sponsorships.

  • Qualified Sponsorship: Qualified Sponsorship means a Sponsorship where the financial or other support meets the IRS guidelines for “qualified sponsorship payments.” This means that the Return Benefit to the sponsor is an Acknowledgment of the Sponsorship that contains only such information as the sponsor’s location, telephone number, internet address, value neutral descriptions of sponsor’s products or services and the sponsor’s logo, established slogan, brand or trade name (Qualified Acknowledgment). A Qualified Acknowledgment may not contain qualitative or comparative statements (e.g., Sponsor makes the best shoes), price information or indication of savings or value (e.g., Sponsor’s popcorn is the best price in town), call to action (e.g., Don’t miss Sponsor’s huge tent sale) or endorsements (e.g., the computer hardware preferred by CNM faculty and staff). Qualified Sponsorship payments are exempt from UBIT. It may be permissible to provide a sponsor with some nominal or de minimus Return Benefits, in addition to an Acknowledgment, and still be a Qualified Sponsorship, but because this is a complicated area, it cannot be assumed and additional review and approval is required. It is desirable for all sponsorships to be Qualified Sponsorships due to the significant accounting, record-keeping and reporting obligations required for activities that generate UBIT.
  • Non-Qualified Sponsorship: Non-Qualified Sponsorship means a Sponsorship where the financial or other support does not meet the IRS guidelines for “qualified sponsorship payments.” A sponsorship may fall into this category because the Acknowledgment or the Return Benefits go beyond what is permissible to be considered a Qualified Sponsorship.

Gift-in-Kind: A Gift-in-Kind is a product or service donated, in lieu of a cash gift, to CNM.

B. Scope

Any corporation, organization, or individual that offers to support or underwrite College events or activities, including Gifts-in-Kind, may be a Sponsor subject to this policy. The College shall consider the compatibility between its mission, vision, and values and the sponsoring entity. An offer of support or sponsorship may be declined at the discretion of CNM’s Executive Team or MCO.

CNM may deem a sponsorship improper using the criteria stated in Section I(B) “Improper Advertising”.

III. Distribution

A. Definitions

  • Information Constituting Official CNM Business: Such information includes items produced by and for the College by College employees in the performance of official CNM work duties. Distribution of information by the CNM Foundation is official CNM business.
  • College-Related Information/Items: Such information includes, but is not limited to, information related to employee fringe benefits, such as annuities, insurance plans and NUSENDA Credit Union; to election materials directly related to CNM, such as Governing Board, mill levy and general obligation bond elections (see also Section 12.16 below); to the student newspaper and other student activities.
  • Non-College-Related Information/Items: Such information includes, but is not limited to, discount offers and other promotional materials made available by businesses or organizations; political campaign materials not directly related to CNM; voter registration forms for students (see also Employee Handbook Section 12.16); and publications such as non-student newspapers and magazines.
  • College Premises: College premises include all College-owned buildings, grounds and property, including parking lots, patios and walkways (but not including city public walkways).
  • Non-work time: Any time an employee is not on duty.

B. Disclaimer

This section does not apply to face-to-face solicitation of employees and students.

C. Distribution of Information Constituting Official CNM Business

Such distribution shall be freely allowed without solicitation with the following exceptions:

  • Distribution with paychecks through the Payroll Department shall be allowed only for information directly related to employee salaries, benefits or payroll.
  • Distribution through the campus mail system must be in accordance with College procedures.

D. Distribution of College-Related Information or Items

  • Distribution may be accomplished either in-person without solicitation or by placing the information or items in College-designated areas.
  • Distribution is allowed via the College’s e-mail system subject to all applicable laws and College procedures.

E. Distribution of Non-College-Related Information/Items

  • Person-to-person distribution by individuals who are not College employees or students is prohibited unless approved by MCO.
  • Use of electronic screens is permitted if prior approval from the Executive Team and MCO has been obtained.
  • Use of the College’s e-mail systems is prohibited unless permitted by the applicable collective bargaining agreement or authorized as part of an official CNM communication.
  • Posting on College Premises, including parked vehicles, is prohibited unless explicitly authorized by the Executive Team and MCO. Bulletin boards are generally available for posting.
  • Voter registration forms for students may be distributed via Student Activities.
  • Posting or otherwise affixing information or items on CNM buildings or property other than bulletin boards is prohibited.
  • Distribution of Non-College related material by employees is allowed only during non-work time in College-designated areas.

IV. Solicitation

A. Definitions

Solicitation:

  • Seeking donations of time or money and other things of value face-to-face on College property or through electronic media.
  • Seeking Donations of time or money or other things of value from outside individuals on behalf of CNM via U.S. mail, e-mail, telephone or personal contact.
  • Seeking the purchase of anything of value including tickets, merchandise or any other item.

College Premises:

  • All College-owned buildings, grounds and property, including parking lots, patios and walkways (not including city walkways).

B. Disclaimers

  • This policy does not apply to distribution which is addressed in Section III of this policy.
  • Solicitation for political purposes is addressed in Section 12.16 of the Employee Handbook.

C. Guidelines

CNM reserves the right to remove or bar any solicitor from the College’s premises because of inappropriate conduct, the sale of inappropriate goods or services or any other violation of this policy. Solicitation on any College premises is subject to the following non-exhaustive list of provisions:

  • CNM will allow one single campus-wide annual fund raising campaign open to all charitable not-for-profit organizations that wish to participate. The campaign shall be organized and controlled by the CNM Foundation.
  • Solicitations for sale of food, beverages and books are allowed only by vendors under contract with CNM. CNM’s Executive Team may allow exceptions to this provision if a vendor not under contract with CNM is a local small business or has significant ties to CNM.
  • CNM employees may solicit each other provided, however, that such solicitation must not significantly interfere with operations, as determined by the appropriate supervisor.
  • Solicitation of non-College entities by CNM employees must be approved in advance by, and coordinated through, the CNM Foundation.
  • Labor union representatives may not solicit CNM employees during work hours unless permitted to do so by the appropriate collective bargaining agreement.

12.16 Political Activities

  1. The College recognizes that all employees have the right and obligation to be informed and active citizens and with other citizens have the right to exercise their political privileges including, but not limited to, the following:
    1. voting;
    2. discussing political issues;
    3. seeking signatures on petitions, union cards or any other document;
    4. seeking votes in any local, state or national election relating either to candidates or issues;
    5. campaigning for candidates;
    6. running for and serving in public office.
  2. The College has as its primary mission the proper education of its students; all else must be secondary. For this reason, appearances of candidates or their representatives shall not be permitted during class time except where instructors invite such persons to visit a class as part of the educational program.
  3. Candidates or their representatives may distribute campaign materials and greet employees and students as outlined in Section 12.15 above. All materials must be drawn in accordance with New Mexico law.
  4. No College resources may be used for any political campaign for an individual candidate or an organization. This prohibition does not apply to the use of buildings and grounds permitted by Sections 12.13 and 12.14 above.
  5. Candidates for elective office or their representatives may contact the Public Information Office to obtain information and policies on campaign activities on school property.

12.17 CNM Technology Use Policy

The Governing Board recognizes that Information Technology resources and systems enhance CNM’s ability to deliver educational services and facilitate job performance and College operations. It is the policy of the Governing Board to promote and support responsible use of CNM’s Information Technology resources and systems. Anyone using these resources and systems is responsible for ensuring they are used in an effective, efficient, ethical and lawful manner. To support this policy, the College shall have in place an Information Technology Use Administrative Directive and departmental directives that address responsible and appropriate use of these resources and systems.

Users of CNM’s Information Technology resources and systems must comply with all applicable policies and directives. Violations will subject users to the loss of access to resources and systems as well as to appropriate disciplinary action.

The Administrative Directive is available in electronic format on the CNM Web Site and in hardcopy format in the Policies and Procedures Office.

12.18 Naming of College Facilities

Central New Mexico Community College may choose to name facilities (buildings, room or areas) after an individual(s) or business entity(ies) with a history of exceptional contributions to the college. Such designations shall be made in accordance with the following guidelines:

  1. An honoree may not be employed by the College or be a member of the Governing Board or the CNM Foundation Board at the time of the designation. An honoree shall have left employment, Governing Board or CNM Foundation Board service for at least one year prior or shall have been deceased for at least one year prior to such a designation being made.
  2. An honoree shall have earned distinction through extraordinary service or financial contributions to the College and by having demonstrated exemplary character.
  3. A person who has contributed financially to a specific facility should be given strong consideration as an honoree if the amount contributed equals at least one-third of the cost of the facility.
  4. Any facility carrying an honorary name designation, whenever possible, should also carry a current functional designation.
  5. The Governing Board shall approve all honorary name designations for College facilities and may discontinue any such designations.
  6. The College reserves the right to physically alter any facility carrying on honorary name designation.

12.19 Campus Memorial

A campus memorial, located on Main Campus, provides a centralized and uniform means of honoring deceased persons who have worked at CNM. Any other form of memorializing individuals on campus shall be subject to the policy on Naming of College Facilities, Section 12.19 (see above).

Tributes shall be in the form of metal plaques attached to the memorial according to the following guidelines:

  1. Memorial plaques shall be of one uniform design (size, layout, wording, lettering), specifics of the design to be determined by the Public Information Office.
  2. The name of any employee who dies while in service at CNM shall automatically be placed on the memorial at no charge.
  3. The name of any past employee who is deceased may be added to the memorial based on the following criteria:
    1. A written request, including verification of the deceased’s CNM employment, shall be made to the Public Information Office.
    2. The requester, or sponsor, shall pay the cost of the plaque.
    3. The cost of a plaque shall be determined by CNM.
  4. Notwithstanding anything to the contrary herein, final decision regarding addition of any name to the memorial shall be made by the President.

12.20 Service Animal Policy

I. Introduction

Service animals are animals trained to assist people with disabilities in the activities of normal living. The Americans with Disabilities Act (ADA) definition of service animals is “ . . . any . . . animal individually trained to do work or perform tasks for the benefit of an individual with a disability, including, but not limited to, guiding individuals with impaired vision, alerting individuals who are hearing impaired to intruders or sounds, providing minimal protection or rescue work, pulling a wheelchair, or fetching dropped items.” If an animal meets this definition, it is considered a service animal regardless of whether it has been licensed or certified by a state or local government or a training program.

The ADA and Central New Mexico Community College policy allow service animals accompanying persons with disabilities to be on the CNM campus. A service animal must be permitted to accompany a person with a disability everywhere on campus.

This policy differentiates “service animals” from “pets,” describes types of service dogs, and sets behavioral guidelines for service animals.

II. Definitions

Partner/Handler: A person with a service or therapy animal. A person with a disability is called a partner; a person without a disability is called a handler.

Pet: A domestic animal kept for pleasure or companionship. Pets are not permitted in CNM facilities. Permission may be granted by a professor/instructor, dean or other CNM administrator for a pet to be in a campus facility for a specific reason at a specific time.

Service Animal: Any animal individually trained to do work or perform tasks for the benefit of a person with a disability. Service animals are usually dogs, but may be monkeys. A few other animals have been presented as service animals. If there is a question about whether an animal is a service animal, contact the Director of Special Services, the Director of Security or the Vice President of Administrative Services. A service animal is sometimes called an assistance animal.

Team: A person with a disability, or a handler, and her or his service animal. The twosome works as a cohesive team in accomplishing the tasks of everyday living.

Therapy Animal: An animal with good temperament and disposition, and who has a reliable, predictable behavior, selected to visit people with disabilities or people who are experiencing the frailties of aging as a therapy tool. The animal may be incorporated as an integral part of a treatment process. A therapy animal does not assist an individual with a disability in the activities of daily living. The therapy animal does not accompany a person with a disability all the time, unlike a service animal who is always with its partner. Thus, a therapy animal is not covered by laws protecting service animals and giving rights to service animals.

Trainee: An animal undergoing training to become a service animal. A trainee will be housebroken and fully socialized. To be fully socialized means the animal will not, except under rare occasions, bark, yip, growl or make disruptive noises; will have a good temperament and disposition; will not show fear; will not be upset or agitated when it sees another animal; and will not be aggressive. A trainee will be under the control of the handler, who may or may not have a disability. If the trainee begins to show improper behavior, the handler will act immediately to correct the animal or will remove the animal from the premises.

III. Types of Service Dogs

Guide Dog is a carefully trained dog that serves as a travel tool by persons with severe visual impairments or who are blind.

Hearing Dog is a dog who has been trained to alert a person with significant hearing loss or who is deaf when a sound, e.g., knock on the door, occurs.

Service Dog is a dog that has been trained to assist a person who has a mobility or health impairment. Types of duties the dog may perform include carrying, fetching, opening doors, ringing doorbells, activating elevator buttons, steadying a person while walking, helping a person up after the person falls, etc. Service dogs are sometimes called assistance dogs.

Seizure Response Dog is a dog trained to assist a person with a seizure disorder; how the dog serves the person depends on the person’s needs. The dog may stand guard over the person during a seizure, or the dog may go for help. A few dogs have somehow learned to predict a seizure and warn the person in advance.

IV. Requirements of Service Animals and Their Partners/Handlers

Vaccination: The animal must be immunized against diseases common to that type of animal. Dogs must have had the general maintenance vaccine series, which includes vaccinations against rabies, distemper, and parvovirus. Other animals must have had the appropriate vaccination series for the type of animal. All vaccinations must be current. Dogs must wear a rabies vaccination tag.

Licensing: The animal must be licensed in accordance with applicable city and county ordinances.

Health: The animal must not have communicable diseases or infection.

Leash: The animal must be on a leash at all times.

Under Control of Partner/Handler: The partner/handler must be in full control of the animal at all times. The care and supervision of a service animal is solely the responsibility of its partner/handler.

Cleanup Rule: Individuals with disabilities who physically cannot clean up after their own service animal may not be required to pick up and dispose of feces. However, these individuals should use marked service animal toileting areas when such areas are provided.

V. When a Service Animal Can Be Asked to Leave

Disruption: The partner of an animal that is unruly or disruptive (e.g., barking, running around, distracting others) may be asked to remove the animal from CNM facilities. If the improper behavior happens repeatedly, the partner may be told not to bring the animal into any CNM facility until the partner takes significant steps to mitigate the behavior.

Ill Health: Service animals that are ill should not be taken into public areas. A partner with an ill animal may be asked to leave CNM facilities.

Uncleanliness: Partners with animals that are unclean and/or noisome may be asked to leave CNM facilities. An animal that becomes wet from walking in the rain or mud or from being splashed on by a passing automobile, but is otherwise clean, should be considered a clean animal.

VI. Areas Off Limits to Service Animals

Mechanical Rooms/Custodial Closets: Mechanical rooms, such as boiler rooms, facility equipment rooms, electric closets, elevator control rooms and custodial closets, are off-limits to service animals. The machinery and/or chemicals in these rooms may be harmful to animals.

Areas Where Protective Clothing is Necessary: Any room where protective clothing is worn is off-limits to service animals. Examples impacting students include the wood shops and metal/machine shops.

Areas Where There is a Danger to the Service Animal: Any room, including a classroom, where there are sharp metal cuttings or other sharp objects on the floor or protruding from a surface; where there is hot material on the floor (e.g., molten metal or glass); where there is a high level of dust; or where there is moving machinery is off-limits to service animals.

Exceptions

A laboratory director may open her or his laboratory to all service animals.

Access to other designated off-limits areas may be granted on a case-by-case basis.

To be Granted an Exception: A student who wants her or his animal to be granted admission to an off-limits area should contact the Director of Special Services.

VII. Administration of Policy

Questions or concerns regarding this policy and its application should be directed to the Director of Special Services.

12.21 Disability and Reasonable Accommodation

Effective: 8/11/15

CNM is committed to protecting qualified individuals from discrimination in hiring, promotion, discharge, pay, and all other elements of employment in accordance with the Americans with Disabilities Act (ADA) and other related federal and state laws.

Upon request, CNM shall provide a reasonable accommodation to any qualified individual with a disability so that he or she may perform essential job functions, unless the making of such accommodation imposes an undue hardship. There may be instances where an observable disability prompts CNM to initiate a reasonable accommodation discussion. Any medical information obtained in connection with a request for reasonable accommodation, excluding a test to determine the illegal use of drugs, will be treated as confidential to the extent permitted by the ADA and maintained separately from the qualified individual’s personnel file. Hiring officials shall not ask prospective employees about the existence, nature, or severity of a disability. Hiring officials may ask prospective employees if they can perform the essential functions of the position. An individual who poses a direct threat to CNM’s faculty, staff, students, the general public, or to themselves shall not be eligible for hire or for continued employment. CNM’s ADA Coordinator shall be the Executive Director of Human Resources. The ADA Coordinator shall be the final decision maker in all disputes related to a reasonable accommodation request.

Definitions

“Direct threat” means a significant risk to the health or safety of others or to self that cannot be eliminated by reasonable accommodation.

“Disability” means a physical or mental impairment that substantially limits one or more major life activities, a record of such an impairment, or being regarded as having such impairment.

“Essential job functions” means those job activities determined by CNM to be essential or core to performing the job. CNM’s job descriptions describe the essential functions of the job.

“Major bodily functions” include but are not limited to the following: functions of the immune system, normal cell growth, digestive, bowel, bladder, neurological, brain, respiratory, circulatory, endocrine, and reproductive functions.

“Major life activities” include but are not limited to the following: breathing, eating, walking, sleeping, speaking, learning, seeing, hearing, caring for oneself, performing manual tasks, working, bending, lifting, concentrating, thinking, communicating, reading, and major bodily functions.

“Qualified individual” means an individual who, with or without reasonable accommodation, can perform the essential functions of the employment position that such individual holds or desires.

“Reasonable accommodation” may include making facilities used by employees readily accessible to usable by individuals with disabilities. It may also include job restructuring, a part-time or modified work schedule, reassignment, acquisition or modification of equipment or devices, appropriate adjustment or modification of examinations, training materials or policies, the provision of qualified readers or interpreters, and other similar accommodations.

“Undue hardship” means an action requiring significant difficulty or expense when considered in light of the following factors: the nature and cost of the accommodation; the impact of such accommodation upon the budget and operation of CNM; the overall financial resources of CNM; the overall size of CNM with respect to the number of its employees; the number, type, and location of CNM’s facilities; the composition, structure, and functions of CNM’s workforce; and the geographic separateness, administrative, or fiscal relationship of the facility or facilities in question to CNM.

12.22 Space Heaters and Personal Appliances

Effective: 7/12/16

The use of space heaters in any College building is strictly prohibited. Refrigerators, coffee pots, and other personal appliances may not be used in an employee’s individual work space in accordance with CNM’s Environmental Sustainability and Climate Neutrality Plan. Desk fans are not subject to this policy. These restrictions are necessary to reduce energy consumption around the College and, in the case of space heaters, to eliminate a potential fire hazard. Any unauthorized use of space heaters or personal appliances shall be reported to the Physical Plant Department (PPD).

Enforcement of this policy is the responsibility of supervisors. Custodial and maintenance staff will report unauthorized space heaters and personal appliances discovered in the course of their work. PPD will notify the supervisor, dean, or director responsible for the area where the unauthorized space heater or personal appliance was discovered and removal must occur within three (3) business days of such notice. The Safety Department will follow-up with the appropriate supervisor, dean, or director to ensure that removal has occurred.

Where an emergency impacts a building’s HVAC system, PPD may temporarily issue College-owned space heaters.

12.23 Safety and Environmental Health Programs

Effective: 9/15/16

The College’s Safety and Environmental Health Department ("Department") is charged with developing and communicating general and environmental health programs (“programs”). The purpose of such programs is to provide safety guidelines to all faculty and staff in order to ensure a safe and healthy work environment. Program content must be approved by the appropriate vice president and, upon approval, shall be made available on the Department’s web page.

Program changes or additions shall be communicated to the College via CNM News Link. Approved programs shall be reevaluated every three years unless otherwise required by law.

12.24 Employee Debt Collection

Effective: 10/11/16

As a public institution in the State of New Mexico, CNM is obligated to make every effort to collect all outstanding debt owed to CNM by current and past employees, subject to the appropriate statute of limitation. Failure to attempt to collect such outstanding debt violates the Anti-Donation Clause of the New Mexico Constitution. See N.M. Const., Art. IX, Section 14.

Employees are expected to repay any outstanding debt owed, regardless of the reason, to CNM and to cooperate with CNM (or its agents) throughout the debt collection process.

A. Employee Debt

Some examples of outstanding debt that may be owed to the College by an employee are:

  • Overpayment of wages;
  • Under-collection of employee-elected benefits;
  • Tuition and fees;
  • Parking violations;
  • Library fines;
  • Bad checks; and
  • Travel advances.

The foregoing list of examples shall not be considered all-inclusive. There may be other instances where CNM is obligated to collect.

B. Collection Methods

All employees with an outstanding debt to CNM shall first receive notice of such debt through employee e-mail or via U.S. mail sent to the employee’s address on file with the Human Resources Department. A copy of the notice letter will also be sent to employees at their CNM e-mail address. CNM employees owing a debt will be given the opportunity to contest the debt by responding to the notice within fifteen (15) days of receipt.  Employees who contest the debt will be given the opportunity to meet with CNM representatives to understand how the debt was calculated and to offer any relevant rebuttals. Thereafter, and upon finding the debt owed is still valid, CNM may use any legal means for collecting employee debt, including, but not limited to, the following methods:

  • Issuing collection letters;
  • Sending notices via e-mail;
  • Attempt to contact employees by telephone;
  • Use of a collection agency;
  • CNM Accounts Receivable; and
  • Negotiating a payment plan.

C. Separated Employees

In instances where an employee separates employment from CNM and still has outstanding debt, the amount owed shall be offset from the employee’s final paycheck.

For employees who leave CNM before full repayment has been made, CNM shall continue to pursue repayment after separation for any repayment amount still owed.