The Student Handbook

Introduction

The Dean of Students Office is responsible for assisting and supporting students, faculty, and staff members with issues related to maintaining a safe and positive educational community in a learner-focused environment. Our goal is to maintain a positive learning environment based on CNM’s Core Values of Be Caring, Be Connected, Be Courageous, Be Ethical, Be Exceptional, and Be Inspiring. These values encompass our community of diversity and inclusivity.    

At CNM, our mission is to be a leader in education and training with the vision of Changing Lives, Building Community. Learn more about our Strategic Direction and our goals of Student Success, Community Success, and Organizational Excellence and Innovation.  

Part of this effort includes both protecting the individual and group freedoms of students while ensuring the responsibilities of citizenship are upheld. Maintaining the balance between rights and responsibilities requires that order and stability are created on campus through established codes and policies designed to define behavioral standards and procedural expectations related to those standards.  

Table of Contents

1. Student Rights
2. Student Responsibilities
3. Student Code of Conduct
   • Introduction to the Code of Conduct
   • Administration of Discipline
   • Non-Academic Misconduct: All Students
   • Disciplinary Actions and Sanctions
   • Interpretation
   • Amendments and/or Revision to the Code of Conduct
   • Statement of Limitations
4. Complaints and Appeals
   • Filing a Formal Complaint
   • Submitting a Complaint to the New Mexico Higher Education Department
   • Complaint Process Definitions
   • Positive Feedback
   • Appeals to Specific Departments
5. Academic Integrity
6. Federal Civil Rights
7. Student Services and Resources

I. Student Rights 

It is important for students to be aware of their rights and responsibilities. By understanding these rights and responsibilities, students can help to create a safe and productive learning environment for themselves and their peers. 

1. The right to an education: This means that they have the right to attend school and receive an education that meets their individual needs. 
2. The right to freedom of speech: Students have the right to express their opinions freely, as long as their speech does not disrupt the learning environment or violate the rights of others. 
3. The right to due process: Students have the right to be treated fairly and to have a fair hearing if they are accused of violating CNM’s Student Code of Conduct. 
4. The right to privacy: Students have the right to privacy and student records are protected by The Family Educational Rights and Privacy Act (FERPA) 
5.  The right to be free from discrimination: Students have the right to be free from discrimination based on their race, religion, gender, or other protected categories. This means that they cannot be denied admission to school or treated differently because of their race, religion, gender, or other protected categories. 

II. Student Responsibilities 

As a student, you are an active and vital part of the CNM educational community. Our community is dedicated to protecting the freedom of individuals to inquire, study, evaluate, question, and gain new levels of knowledge and understanding. CNM has put these specific expectations in place that define acceptable behavior necessary to protect individual freedoms and ensure responsible citizenship. 

As a member of the CNM community, it is your responsibility to understand and adhere to the codes and policies that govern and prescribe acceptable student behavior. It is also your right as a member of the CNM community to know what you should do if you believe another student or an employee has behaved inappropriately toward you. 

The Dean of Students office has information you need to know in order to both uphold your behavioral responsibilities as a student and to report disruptive behavior that you believe has infringed on your rights within the community. By understanding their rights and responsibilities, students can help to create a safe and productive learning environment for themselves and their peers. 

Student Responsibilities are as follows: 

1. Attending class: Students have the responsibility to attend class and participate in class activities.  
2. Completing assignments: Students have the responsibility to complete their assignments on time and to the best of their ability.  
3. Utilizing Resources: Students have the responsibility to utilize any resources needed to be successful in class. This can include; tutoring, Accessibility Services, Academic Coaching, and Instructor support.   
4. Behaving in a respectful manner: Students have the responsibility to behave in a respectful manner towards their teachers, classmates, and other school staff.  
5. Understand and abide by Student Code of Conduct: Students have the responsibility to follow school rules. The policy is outlined in the Student Code of Conduct and course syllabi.  
6. Respecting the property of others: Students have the responsibility to respect the property of others. This means not damaging or stealing the property of others.  
7. Reporting personal injuries on campus: Students have the responsibility to report any personal injury that occurs on CNM property, regardless of severity, to CNM Security at (505) 224-3002 as soon as possible. Prompt reporting ensures that appropriate medical attention can be provided, hazards can be addressed, and documentation can be completed for safety and legal purposes.

III. Student Code of Conduct

 Through its academic offerings and support services, CNM provides the opportunity for learning. Taking advantage of the opportunity is the student's responsibility.

The College gives equal consideration to all applicants for admission. The appropriate facilities and services of CNM shall be available to enrolled students. Any student in good standing with CNM has the right to register for and attend any class for which they have met the prerequisites and placement requirements.

Students are expected to be fully acquainted with all published policies and procedures of CNM and will be held responsible for compliance with them. In addition to this document, policies are published in the CNM Catalog, at www.cnm.edu, in some department handbooks, especially in the Health Occupations Department, and in some course syllabi.

Introduction to the Student Code of Conduct 

1. Purpose—The freedom of individuals to inquire, study, evaluate and gain new understanding and maturity is essential and must be protected against suppression. Dissent plays a vital part in the role of the College. However, freedoms cannot be protected or exercised in a College that lacks order and stability. Students at all Central New Mexico Community College (CNM) campuses and learning centers have an obligation to uphold the laws of the larger community of which they are part.
   The intent of this Code is to ensure that students at CNM neither lose their rights nor escape the responsibility of citizenship. While the activities covered by the laws of the larger community and those covered by CNM's rules may overlap, it is important to note that the community's laws and CNM's rules operate independently and that they do not substitute for each other. CNM may pursue enforcement of its own rules whether or not legal proceedings are underway or in prospect, and may use information from third-party sources (such as law enforcement agencies and the courts) to determine whether the College's rules have been broken. Membership in the CNM community does not exempt anyone from local, state or federal laws, but rather imposes the additional obligation to abide by all of CNM's regulations. It is the personal responsibility of every member of the campus community not only to protect their own rights, but to respect the rights of others and to behave in a manner conducive to learning and/or living in an educational environment.
   Just as individuals within the community have a responsibility to adhere to a code of prescribed behavior, the institution assumes the obligation of clearly codifying and fairly enforcing same. CNM upholds the belief that those who do not conform to established standards set forth in this Code of Conduct must be held accountable for their actions. Therefore, the purpose of the Code of Conduct is to inform the student body of the rules and regulations that are essential to the normal operation of CNM.
2. Definition of Student – For the purpose of application of this Code of Conduct, "student" means any person enrolled or taking a course at CNM, which includes all campuses and all other CNM instructional locations, and any student organization recognized by CNM. Any person who is not officially enrolled, admitted to or registered with CNM for a particular term but who is, has been or intends to be a student is considered a student. Students who violate the Code of Conduct can expect prompt and deliberate adjudication, whether or not they choose to be present or remain at CNM. Furthermore, if a decision has been made within the disciplinary process which impacts a person who is not currently enrolled, they still remain subject to the determination upon re-enrollment. Students are responsible for maintaining their current address with CNM. The address on record will be deemed the appropriate address for delivery of correspondence from the Office of Student Judicial Affairs.
3. Students' Rights and Responsibilities – By enrolling at CNM, a student accepts responsibility for compliance with all local, state and federal laws and with CNM's regulations while retaining the rights guaranteed under the Constitutions of the United States and the state of New Mexico. A student alleged to have engaged in any misconduct shall have the right of due process and appeal as delineated in this Code. The College expects all students to show respect for the rights of others and for authority, to protect private and public property, to carry out contractual obligations and to take responsibility for their own actions and the actions of their guests.
4. Student Organizations – A student organization and its officers and members may be held collectively and individually responsible when violations of this Code by those associated with the organization occur and when such violations are authorized, encouraged, directed, tolerated, supported by or committed on behalf of the organization. For purposes of the interpretation and administration of the Code of Conduct, the term "student" shall also mean "student organization."

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Administration of Discipline 

The responsibility of administering the discipline system is delegated by the president of CNM to the vice president for student services for non-academic discipline and to the vice president for instructional services for academic discipline. In turn, these officers may delegate authority to other groups or individuals for handling violations of the Student Code of Conduct. All nonacademic Student Code activities shall be monitored by the Dean of Students to ensure fairness and consistency. All discipline sanctions imposed Institute-wide will be reported to the Dean of Students for record-keeping purposes.

The College attempts to handle discipline matters at the lowest possible level by recognizing a variety of hearing officers. Each hearing officer is a CNM official who is an administrator, faculty member or staff member. Hearing officers adjudicate cases when violations are alleged. The hearing officer is authorized to exercise active control over the proceedings in order to elicit relevant information, to avoid needless consumption of time and to prevent the harassment or intimidation of witnesses.

Disciplinary regulations at CNM are set forth in writing in order to give students general notice of prohibited conduct. These rules and regulations should be read broadly and are not designed to define prohibited conduct in exhaustive terms. It is recognized by CNM that students are adults and are expected to obey the law and take personal responsibility for their conduct. A student is therefore subject to two sources of authority: civil–criminal authority and CNM's authority.

Violation of any municipal ordinance, law or regulation of the State of New Mexico or law or regulation of the United States which may cause harm or endangerment to self or others or somehow compromises the educational mission of the Institute may result in disciplinary action. The College does not normally take disciplinary action for off-campus violations, but it retains the right to act in special cases. Disciplinary action imposed by CNM may precede, and be in addition to, any penalty that might be imposed by an off-campus authority.

When charged with a violation, a student has the right to notice of the violation and an opportunity to be heard. For infractions where suspension, dismissal or expulsion may be imposed, a student will have additional rights as set forth in § IV.C.W, below.

Charged students may decide what and how much information they will provide during a disciplinary conference or hearing. The procedures to be followed in matters of student misconduct are outlined in the following sections.

Academic Integrity 

Any student suspected of academic integrity violatons will be subject to the investigative and disciplinary process outlined in the Academic Integrity Policy. 

Non-Academic Misconduct: All Students

A. Person and/or Groups Involved in Non-Academic Discipline Cases

1. Dean of Students - The Dean of Students will dispose of any non-academic misconduct violations referred by the vice president for student services or other CNM officials, and also has responsibility for maintaining all student records relating to student non-academic misconduct. Within this capacity, the Dean of Students serves as a resource person for administrators, faculty, staff and students to promote consistency throughout the College community in adjudicating cases of student non-academic misconduct. The Dean of Students also can act as a hearing officer and may appoint other hearing officers.
2. Hearing Committee – Either the Dean of Students or the Director of Student Life and Discipline may hear discipline issues or may refer the issue to a CNM Hearing Committee. The committee hears non-academic misconduct issues referred to it by the Dean of Students. Two administrative and/or faculty members and one student member are required for each Hearing Committee.
3. Vice President for Enrollment Management and Student Success – The Vice President for Enrollment Management and Student Success will hear any appeals from decisions of the Dean of Students, the Director of Student Life and Discipline, or a Hearing Committee.

B. What Constitutes Non-Academic Misconduct 

The following constitute violations for which students and student organizations are subject to disciplinary action. These are not designed to be all-inclusive, but offer examples of the types of prohibited conduct.  Note that some violations of the Student Code of Conduct may also constitute discrimination based on gender under Title IX.  When misconduct has been determined to violate Title IX, the College's Title IX Policies and Procedures will be followed instead of or in addition to the processes outlined by this Code of Conduct.

Disruption Violations 

1. Participation in an unauthorized campus demonstration which disrupts the normal operations of CNM and infringes on the rights of other members of the CNM community; leading or inciting others to disrupt scheduled and/or normal activities within any campus building or area; intentional obstruction which unreasonably interferes with freedom of movement, either pedestrian or vehicular, on campus.
2. Unauthorized mass action, obstruction or disruption of classes or CNM events, removal or defacement of library or other CNM materials or properties, participation in commercially sponsored solicitation, behaviors that violate federal, state or local ordinances.
3. Disruption or obstruction of teaching, research, administration, disciplinary proceedings, other CNM activities, including its public-service function on or off campus, or other authorized non-CNM activities, when the act occurs on CNM premises.
4. Any intentional interference with or obstruction of any institutional activity, program, event or facilities, including the following: any unauthorized occupancy of institution or institutionally controlled facilities or blockage of access to or from such facilities; interference with the right of any institution member or other authorized person to gain access to any institution or institutionally controlled activity, program, event or facilities; or any obstruction or delay of a campus security officer, fire fighter or any institution official in the performance of their duty.
5. Obstruction of the free flow of pedestrian or vehicular traffic on CNM premises or at CNM sponsored or supervised functions.
6. Any violation of federal, state or local law not otherwise prohibited herein, if such directly affects CNM's educational function.

Person Violations 

1. Actual or threatened physical injury to any person (including self) on CNM-owned or controlled property or at a CNM-sponsored or supervised function or conduct that endangers the health, safety, or personal well-being of a person.
2. Engaging in individual or group conduct that is violent (including sexual misconduct, attempted suicide or threats of either), abusive, indecent, unreasonably loud, or similar disorderly conduct that infringes upon the privacy, rights, or privileges of others or disturbs the peace or the orderly process of education on campus.
3. Hazing, defined as an act that endangers the mental or physical health or safety of a student or which destroys or removes public or private property, for the purpose of initiation, admission into, affiliation with, or as a condition for continued membership in a group or organization.
4. Harassment or abuse directed toward individuals or groups may include at least the following forms: the use or threat of physical violence, coercion, intimidation, and verbal harassment and abuse. Harassment and abuse may be discriminatory. Although all forms of harassment and abuse - both discriminatory and non-discriminatory - are equally prohibited, CNM's commitment to non-discrimination means that discriminatory harassment may be punished more severely than non-discriminatory forms of harassment.
5. Sexual abuse, including but not limited to sexual harassment, coercion, and threats or use of force.
6. Any actual or threatened non-consensual sexual act.
7. Harassment or acts of insensitivity or intolerance toward individuals/groups, including groups defined by race, creed, national origin, disability, sexual orientation, and veteran status.
8. Verbal or written abuse, which is likely to cause another person humiliation, stress, psychological harm or which is harassing in nature.  The abuse may be electronic in nature, including on or through social media, telephone, texting or other messaging, or email.
9. Public display of literature, films, pictures or other material that depicts or describes sexual conduct in a patently offensive way and lacks serious literary, artistic, political or scientific value.

Property Violations 

1. Attempted or actual theft of and/or damage to property of CNM or property of a member of the CNM community or other personal or public property.
2. Any graffiti or other act of misuse, vandalism, malicious or unwarranted damage or destruction, defacing, disfiguring or unauthorized use of property belonging to the institution including, but not limited to, fire alarms, fire equipment, elevators, telephones, institution keys, library material and/or safety devices, walls, floors and ceilings.

Falsehoods/ Identification Violations

1. Forgery, counterfeiting, alterations, or misuse of any CNM record, document, or identification card.
2. Knowingly furnishing false information to CNM personnel or member of any hearing board acting in the performance of their duties or the failure to provide CNM personnel with adequate information upon request.
3. Making a false report concerning a fire, bomb, or other emergency.
4. Failure to possess at all times a valid CNM Student ID and/or failure to present the ID to CNM officials upon proper request.
5. Intentionally and falsely accusing a CNM employee or another student of wrongdoing.

Safety Violations

1. Unauthorized use, possession, or storage of any weapon or explosive (including fireworks) on CNM premises or at CNM-sponsored activities.
2. Tampering with fire extinguishers, fire alarm boxes, or smoke or heat detectors anywhere on CNM property.
3. Creating a fire, safety, or health hazard.
4. Ejecting any objects from windows, roofs, or balconies of CNM buildings.
5. Students are not permitted on the roofs of CNM buildings.

Computer Violations 

1. Unauthorized entry into or alteration of any CNM computer records or violation of the CNM Technology Use Policy.
2. Violation of the New Mexico Computer Crimes Act, including intentional and unauthorized access, alteration, damage, copying, or destruction of any computer system or data.
3. Theft or abuse of computer time, including but not limited to:
   1. Unauthorized entry into a file, to use, read or change the contents or for any other purpose.
   2. Unauthorized transfer of a file.
   3. Unauthorized use of another individual's identification and password.
   4. Use of computing facilities to interfere with the work of another student, faculty member or CNM official.
   5. Use of computing facilities to send obscene, abusive, or threatening messages.
   6. Use of computing facilities to interfere with normal operation of the CNM computing system.

Entry/ Use Violations 

1. Entry into or use of any building, facility, room or other CNM property/grounds without authorized approval. This also includes the unauthorized possession or use of CNM keys, lock combinations or other access codes.
2. Entering or attempting to enter any social event or other event without proper credentials for admission (e.g., ticket, identification card or invitation).
3. Unauthorized use of CNM telephones for long-distance calls.

Legal Violations 

1. Use, being under the influence, manufacturing, possession, cultivating, distribution, purchase, or sale of alcohol and/or drugs (illegal and/or dangerous or controlled substances) and/or paraphernalia while on CNM premises or CNM-controlled property, and/or at any function authorized or supervised by CNM and/or in state-owned or leased vehicles.
   • NOTE: Although possession and use of marijuana consistent with the statues of the State of New Mexico is no longer a crime in the State of New Mexico, the possession and use of marijuana, including medical marijuana, remain illegal under federal law. Consistent with federal law, including the Controlled Substances Act and the Drug-Free Schools and Communities Act, the use and/or possession of marijuana continues to be prohibited while a student is on college-owned or college-controlled property, and/or any function authorized or supervised by the College and/or in state-owned or leased vehicles.
2. Violation of federal, state, or local law on CNM premises or at CNM-sponsored or supervised activities.
3. The violation of local, state, or federal criminal statutes shall be in violation of this code, whether or not such violation is prosecuted by public officials. CNM may refer such violations to appropriate law enforcement agents.
4. The use or possession of equipment, products, or material used or intended for use in manufacturing, growing, using, or distributing any drug or controlled substance.
5. Participation in illegal gambling activities on CNM-owned or controlled property or at a function identified with CNM.
6. Embezzling, defrauding, or procuring any money, goods, or services under false pretenses.

Financial Violations 

1. Failure to make a satisfactory settlement for any debts to CNM.
2. Issuing a check on campus knowing that it will not be honored when presented for payment.

General Violations 

1. Violation of published CNM policies, rules, or regulations.
2. Failure to comply with directions of CNM officials, faculty, staff, or law enforcement officer acting in performance of their duties and/or failure to identify oneself to these persons when requested to do so.
3. Soliciting or selling in violation of the solicitation policy.
4. Having an animal on campus in violation of CNM policy.
5. Dispersing litter in any form onto the grounds or facilities of the campus.
6. Unauthorized use of cell phones, pagers, and other electronic equipment in classrooms and laboratories.
7. Unauthorized use of sirens, loudspeakers, and other sound amplification equipment.
8. The unsafe use of roller blades, skateboards, or scooters on CNM property.
9. CNM is a smoke-free institution and all tobacco and tobacco-related products (including e-cigarettes) are banned from all CNM campuses except in clearly marked designated smoking areas.
10. Parking bicycles outside of designated areas.
11. Drinking and eating in classrooms, laboratories, and libraries.
12. Bringing children to classes, labs, or other instructional activities or to judicial affairs hearings.
13. Failure to comply with posted Dismount Zone signs.

Student Discipline Violations 

Abuse of the student disciplinary system, including but not limited to:

1. Failure to obey the summons of the Dean of Students, a disciplinary body, or other CNM official.
2. Falsification, distortion or misrepresentation of information before a hearing officer or committee.
3. Disruption or interference of the orderly conduct of a disciplinary proceeding.
4. Initiation of a disciplinary proceeding knowingly without cause.
5. Attempting to discourage an individual's proper participation in or use of the disciplinary system.
6. Attempting to influence the impartiality of a member of a disciplinary body prior to and/or during the course of the disciplinary proceeding.
7. Harassment (verbal or physical) and/or intimidation of a member of a disciplinary body prior to, during and/or after a judicial proceeding.
8. Failure to comply with the sanction(s) imposed under the Student Code.
9. Influencing or attempting to influence another person to commit an abuse of the disciplinary system.
10. Any act of retaliation for a referral for action under this Code regardless of the resolution of charges or possible charges under this Code.

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C. Non-Academic Discipline Process

All alleged violations of non-academic rules and regulations contained herein will be referred to the Dean of Students. Any alleged violation should be reported as soon as possible after the violation occurs. Upon violation of any of the provisions of this Code of Conduct during class or other CNM activity, CNM faculty and staff may remove the student from the class or other CNM activity for the remainder of that class/activity period, and shall promptly notify the Dean of Students as to the action taken and the reason(s) therefore. Upon submission of the alleged violation to the Dean of Students, the following procedures will apply.

1. For behavior for which a sanction other than suspension, dismissal or expulsion may be imposed, after referral to the Dean of Students and investigation by the Dean or representative (at their discretion), the Dean (or representative) will provide:
   1. Oral or written notice of the charges against the student, and
   2. An opportunity for the student to admit or deny the allegations in conference with the Dean or their representative. If the student denies the allegations, the student is entitled to an explanation of the evidence against the student and will be given an opportunity in the conference to rebut the charges.
   3. As a result of the investigation and conference with the student, any of the following actions may be taken:
      1. The charges may be dismissed as unfounded or for lack of evidence;
      2. The student may admit responsibility for violating the Code of Conduct and a sanction will be imposed; or
      3. The Dean of Students or representative will deem the student responsible for Code of Conduct violations, based on a preponderance of the evidence, and an appropriate sanction will be imposed. In cases for which the charges are related to sexual assault, including but not limited to sexual harassment and relationship violence, the alleged victim and accused party will be notified informally as close to simultaneously as practical.
2. For behavior for which suspension, dismissal, or expulsion may be imposed, after referral to the Dean of Students and after any investigation by the Dean or their representative, the Dean or representative will establish a hearing date to occur as soon as practicable, or within ten (10) business days of imposition of any interim suspension, and will provide:
   1. Written notice of the charges against the student;
   2. Written notice of the date, time and place of hearing;
   3. An opportunity for the student to personally participate in the hearing and to admit or deny the charges against the student. If the student admits the charges, discipline will be imposed. If the student denies the charges, the student will be entitled to:
      1. An explanation of the evidence against the student;
      2. The right to question witnesses in a manner determined by the Dean of Students or the Hearing Committee;
      3. The right to examine, in advance of the hearing, documentation submitted relating to the charges;
      4. The right to present a defense at the hearing;
         1. The student may call their own witnesses and present relevant information or documentation;
         2. The accused student may have a "silent advisor" present for the hearing and pre-hearing meeting(s). The "silent advisor" may be, but need not be, legal counsel. The "silent advisor" may not participate in the hearing or meetings. In cases for which the charges are related to sexual assault, including but not limited to sexual harassment and relationship violence, the witness/victim will also have this right.
      5. A recording of the hearing shall be made. The recording is CNM property.
   4. As a result of the investigation and hearing, one of the following actions may be taken:
      1. The charges may be dismissed as unfounded;
      2. The student may admit responsibility for violating the Code of Conduct and appropriate sanctions may be imposed; or
      3. The Hearing Committee will deem the student responsible for Code of Conduct violations based upon a preponderance of the evidence and appropriate sanctions may be imposed.
   5. The student will be notified of the discipline imposed, either orally following the hearing or sent in writing within five (5) working days of the hearing. In cases for which the charges are related to sexual assault, including but not limited to sexual harassment and relationship violence, the alleged victim and accused party will be notified informally as close to simultaneously as practical. Hardcopy formal notification will follow. If the alleged victim is deceased because of the adjudicated behavior, the next of kin will be treated as the alleged victim for notification purposes.

D. Non-Academic Discipline Appeal Process

Accused students receiving a discipline decision from the Dean of Students or a Hearing Committee may request an appeal. In cases for which the charges are related to sexual assault, including but not limited to sexual harassment and relationship violence, the witness/victim will also have this right. Any such request must be made in writing, addressed to the Vice President of Enrollment Management and Student Success and delivered to the Dean of Students Office within three (3) working days after official notification of the decision. The decision of the Vice President of Enrollment Management and Student Success is final.

1. Contents of the Appeal Request.The appeal request must include:
   1. The name of the individual/organization requesting the appeal;
   2. The disciplinary action being appealed and the date the disciplinary action took place;
   3. The grounds for the requested appeal. The appeal must be based on one or more of the following grounds:
      1. Procedural or prejudicial error was committed. The specific errors alleged must be stated;
      2. The facts upon which the decision was based included inaccurate information. The inaccurate information appealed from must be stated;
      3. Specific information presented at the hearing/disciplinary conference is objectionable. The reason for the objection must be stated (i.e. why specific information should not have been considered);
      4. Information not offered at the hearing/ disciplinary conference is now available. The reason why the information was not offered during the original hearing/disciplinary conference must be stated;
      5. The sanction imposed is excessive or inappropriate. The reason for believing this must be stated.
2. Decision on Appeal:
   1. Upon review of the appeal, the Vice President of Enrollment Management and Student Success, or their designee, may take any of the following actions:
      1. Deny the appeal request.
      2. Grant the appeal request and refer the matter to the Dean of Students for reopening of the hearing/conference to allow reconsideration of the original decision and/or the sanctions imposed. In the event of such referral, the Vice President of Enrollment Management and Student Success (or their designee) will provide a written rationale for the referral, in accordance with one or more of the grounds for appeal detailed above.
   2. Except as required to explain the basis of new information, an appeal shall be limited to review of the tape recording of the most recent official hearing and supporting documents.
   3. Any review of the sanction(s) in a non-academic discipline process may not result in more severe sanction(s) for the accused student/organization. On review, the sanction may remain as originally determined or may be reduced.

Disciplinary Actions and Sanctions 

A. Student Sanctions 

The following list is not designed to be all-inclusive, but offers examples of the more severe sanctions that may be imposed upon an individual student for infraction of regulations.

1. Disciplinary Probation - This sanction is an official warning that the student's conduct is in violation of CNM regulations or local, state and/or federal laws. Students placed on disciplinary probation are deemed to be not in good standing with CNM. The duration of the probationary period, and conditions imposed, shall be set by the Hearing Officer or Hearing Committee and shall be in proportion to the seriousness of the misconduct. Duration will be at least 30 days, but may be extended indefinitely. Depending on the circumstances and at the discretion of the hearing officer(s), additional stipulations may be enforced. These additional stipulations may be, but are not limited to, withholding of transcript or degree; suspension of rights and privileges; suspension of eligibility to participate in official extracurricular activities; restitution; and referral for counseling. During the probationary period, reported violations of the Code of Conduct or conditions of the probation will result in further sanctions which will be more severe than like sanctions for students not on probation. This action may include, but is not limited to, extension of the probationary period, the addition of other restrictions or conditions to the probationary agreement, suspension, dismissal, expulsion and notation on the student's transcript.
   A student who has been placed on indefinite disciplinary probation and/or whose probation has been indefinitely noted on the transcript may petition to have the probation lifted and/or the notation removed from the transcript. This petition will not be acceptable if submitted sooner than one calendar year from the date the probation began. Students must petition through the Dean of Students. The Dean of Students or the CNM Discipline Committee reviews the petition and makes a recommendation to the Vice President of Enrollment Management and Student Success or designee, whose decision is final.
2. Disciplinary Suspension - Disciplinary suspension is the disenrollment of a student from CNM for a defined period of time. Most suspensions will last a minimum of one full term. However, the length of the suspension shall be at the discretion of the Hearing Committee. Students may reenter CNM at the conclusion of the suspension.
3. Dismissal - Dismissal is the disenrollment of a student for an indefinite period of time and includes a "minimum timeframe." In most cases the minimum timeframe is one year, which means the student may not petition to reenter CNM for at least one year. Extended minimum timeframes may also be defined. The length of the dismissal shall be at the discretion of the Hearing Committee. Students seeking to reenter CNM after completion of the minimum timeframe may do so only by consent of the Vice President of Enrollment Management and Student Success. Requests for reentry must be submitted in writing, addressed to the Vice President of Enrollment Management and Student Success and submitted to the Dean of Students Office.
4. Expulsion - Expulsion is the disenrollment of a student whereby the student is not eligible for readmission to CNM.

B. Interim Suspension 

In certain circumstances, the Dean of Students may impose an immediate, short-term suspension pending further investigation and hearing. In such cases, the Dean or representative will establish a hearing date to occur as soon as practicable, and in any event within ten (10) working days of imposition of any interim suspension.

1. Interim suspension may be imposed only 1) to protect the safety and well-being of members of the CNM community or preservation of CNM property; 2) to protect the student's own physical or emotional safety and well-being: or 3) if the student poses a definite threat of disruption to or interference with the normal operations of CNM.
2. During the interim suspension, the student shall be denied access to the campus (including classes) and/or all other CNM activities or privileges for which the student might otherwise be eligible, as the Dean of Students may determine to be appropriate.

C. Student Organization Sanctions

The following are possible sanctions that may be imposed upon a student organization for infraction of regulations:

1. Disciplinary Probation - This sanction is an official warning that the organization's conduct is in violation of CNM regulations or local, state and/or federal laws. Organizations placed on disciplinary probation are deemed to be not in good standing with CNM. The duration of the probationary period and conditions imposed shall be in proportion to the seriousness of the misconduct. Duration will be at least 30 days, but may be extended indefinitely. Depending on the circumstances, and at the discretion of the Dean of Students, additional stipulations may be enforced. These additional stipulations may be, but are not limited to, suspension of rights and privileges, suspension of eligibility to participate in official extracurricular activities and restitution for damages.
   During the probationary period, reported violations of the Code of Conduct or conditions of the probation will result in further sanctions which will be more severe than the sanctions for student organizations not on probation. These sanctions may include, but are not limited to, extension of the probationary period, the addition of other restrictions or conditions to the probationary agreement, or suspension or termination of CNM recognition/charter.
   The organization may return to a status of good standing with CNM at the conclusion of the probationary period, assuming all conditions have been satisfied, and upon gaining approval from the Dean of Students.
2. Suspension of CNM Charter or Recognition – This sanction may be imposed when the organization's conduct is in violation of CNM's regulations or local, state and/or federal laws. Pursuant to this sanction, the organization's charter or recognition with CNM, along with all privileges afforded a recognized student organization, is withdrawn for a specified period of time, pursuant to the procedure outlined in § IV.C, supra. Any suspension of charter or recognition imposed will last a minimum of one full calendar year. As with disciplinary probation, additional conditions may be attached and further disciplinary action may result if conditions are not met. Reinstatement of any organization's charter/recognition can only be granted by the Vice President of Enrollment Management and Student Success after the period of suspension when all conditions of the suspension have been met.
3. Termination of CNM Charter or Recognition - This sanction may be imposed when the organization's conduct is deemed to be in violation of CNM's regulations or local, state and/or federal laws, pursuant to the procedures outlined in § IV.C, supra. This sanction will result in the immediate withdrawal of the organization's charter or recognition with CNM, along with all privileges afforded a chartered/recognized student organization. The organization will not be eligible for reinstatement of its charter or recognition for a minimum of five (5) years. Reinstatement of an organization's charter or recognition may only be granted by the Vice President of Enrollment Management and Student Success.

Interpretation 

Any question of interpretation regarding the Student Code of Conduct shall be referred to the Dean of Students for final determination.

Amendments and/or Revision to the Code of Conduct

Recommendations for changes related to the non-academic discipline process will be referred to the Dean of Students. The Dean of Students reviews the Code of Conduct as needed and recommends changes to the Vice President for Enrollment Management and Student Success.

Statement of Limitations 

No student or student organization shall be subject to disciplinary procedures due to alleged violation of CNM's regulations unless procedures are initiated within one year from the time the alleged misconduct occurred or was made known to the Dean of Students, whichever occurs later. The one-year period of limitation, as referred here, will apply only while the student is enrolled at CNM. If the disciplinary procedures cannot be completed for reasons beyond the control of CNM, a time limitation will not be imposed.

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IV. Complaints and Appeals

It is important to us that all student complaints be heard promptly and accorded the full measure of consideration. Compliments are also welcome. 

Before submitting a complaint, try to resolve your issue with the department first. Dealing with concerns in the most direct and honest fashion should always be the first step toward resolution. Most issues are settled and problems resolved when you make an appointment with a faculty or staff member and calmly and honestly communicate your frustrations or concerns. If an issue or problem is not resolved, there is a formal complaint process at CNM that you may initiate. 

CNM makes every effort to resolve student complaints in a timely manner. They believe in student success and ensuring that student concerns are resolved. If, after filing a formal complaint using the CNM Student Complaint Form, and you feel your complaint is still unresolved you can file a complaint with the state Higher Education Department and with the college's regional accreditation agency, the Higher Learning Commission.

Filing a Formal Complaint 

When initiating a formal complaint, follow these steps:

1. Be sure you have first attempted to resolve the issue by speaking directly with the individual(s) or office(s) involved.
2. Complete and submit a CNM Student Complaint Form. If you feel that you have been discriminated against on the basis of a disability, you can file a Student Disability Complaint.
3. When the complaint is received, it will be forwarded to the appropriate individual to review and address the issue.
4. After the complaint is forwarded to the appropriate individual, academic school or department you will receive a follow-up call or email from the relevant department to offer assistance in addressing your concern.

For information regarding issues or concerns that are not covered by this process (such as issues of sexual harassment, grade appeals, student to student complaints) please refer to the CNM Catalog or Student Handbook, or contact the Dean of Students.

Submitting a Complaint to the New Mexico Higher Education Department 

NC-SARA is the National Council for State Authorization Reciprocity Agreements; SARA is an agreement among member states, districts and territories that sets national standards for interstate offering of post-secondary distance education courses and programs.

CNM is a NC-SARA approved institution and the New Mexico Higher Education Department is the SARA Portal Entity for New Mexico.

Distance Education students may submit a complaint to NMHED if they are unable to reach a resolution through CNM’s complaint process. 

For more information, visit NC-SARA and NMHED's NC-SARA site.

Complaint Process Definitions 

The complaint process is based on the following definitions:

• Complaint: A written concern or formal charge of dissatisfaction with a person, service, or process that requires clarification, investigation, and resolution.
• Level I Complaint: A verbal complaint that is resolved. Will not be tracked.
• Level II Complaint: A written complaint, based upon the complaint definition that requires a student’s signature. If a form is submitted without a student’s name, the complaint will not be considered. Level II complaints will be tracked to ensure an action has been taken.
• Exclusions: The Student Complaint Process does not apply to grade appeals, complaints of sexual harassment, or any student to student complaints. Please refer to the Student Code of Conduct for procedures regarding these types of complaints. In addition, outcomes of appeal processes are not subject to further consideration through this process.
• Instructions: Complete the Student Input Form, which submits your comments to the Dean of Students.

Positive Feedback

Sometimes CNM students are particularly pleased with how something has been handled for them, how they were assisted by a particular staff member, the positive experience they had in a specific class, or some other outstanding thing that happened to them at CNM. Please contact the Dean of Students and we will ensure that the note is forwarded to the appropriate individual or office.

Appeals to Specific Departments 

Read the following list if your needs might be better resolved with a specific department.

Financial Aid

You can submit a Financial Aid Appeal if you believe you experienced extenuating circumstances that contributed to the failure of making Satisfactory Academic Progress (SAP). Visit the New Mexico Higher Education Department website for the process to submit a complaint about Financial Aid.

Parking Citations 

You can submit a Parking Citation Appeal.

Registration and Grades

You have two appeal pathways depending on your situation. 

You can submit a Registration-Based Grade Appeal of a failing grade due to being physically prevented from dropping the course by the appropriate deadline. Examples include medical emergencies, military service, or incarceration. Visit General Appeals to understand the various appeals you can submit.

You can formally submit an Instructional Grade Appeal for a final grade if there is an inconsistency between what is written in the syllabus and what is practiced or if there has been a grade miscalculation or other grading errors that cause a change to the final course grade.

Review the Grade Appeal Process. It is your responsibility to communicate concerns you may have about any grade in a class with your instructor.

Student Disability Complaints

Please review the Student Disability Complaint Process. If you feel that you have been discriminated against on the basis of a disability, you can file a Student Disability Complaint.

Tuition Refund Appeals

You can submit a Tuition Refund Appeal to the Cashier's Office.

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V. Academic Integrity 

As an institute of higher learning, CNM encourages you to conduct yourself with a high level of academic honesty and integrity. At CNM, academic integrity violations are taken very seriously. We believe that when academic integrity issues arise, they should be dealt with appropriately. Our teaching mission includes helping you understand the importance of honor, integrity, and ethics as fundamental life values.

CNM expects that you will, at all times, conduct in a manner that supports and affirms these fundamental values. Cheating, falsifying work, or plagiarism will not be tolerated. These offenses are subject to penalty ranging from a “0” on the assignment or test, to an “F” for the course.

The use of generative artificial intelligence tools (e.g. Chat GPT) must be consistent with the instructor’s stated course policy.

Read the Academic Integrity Policy at CNM. This policy will help you understand what course of action will be taken by CNM and your instructor if you are accused of engaging in an act that would qualify as an academic integrity violation. If this occurs, your best course of action is to read and understand this policy and to talk honestly with your instructor about the situation. Repeat offenses are subject to disciplinary action up to and including suspension from the college.