116 Doña <strong>Ana</strong> <strong>Community</strong> <strong>College</strong>Student HandbookTABLE OF CONTENTSSection 1:Student Code of ConductIntroduction ........................................116Administration of Discipline ............................117Academic Misconduct ................................117Nonacademic Misconduct – All Students ..................118Academic and Nonacademic Disciplinary Actions andSanctions. ........................................119Section 2:Discipline-Related Policies & ProceduresAlcohol Policy. ......................................120Drug Free Workplace, Drug Free Schools and CommunitiesAct and Drug Free Workforce Rules. ....................121Discipline and Law Enforcement. ........................122Firearms Policy ......................................122Prohibition of Hazing and Hostile Misconduct ..............122Mental Health Policy. .................................123Campus Access—Prohibited and Restricted ................123Sexual Misconduct Policy ..............................124Student Academic Grievance Policy ......................124Student Nonacademic Grievance Policy ...................124Student Special Care Policy. ............................125Section 3:Additional Policies and ProceduresChildren in the Academic Workplace .....................125Family Education Rights & Privacy Act of 1974 ..............125Film Policy .........................................125Obtaining a Public Performance License. ..................126Freedom of Expression Policy ...........................126Fund Raising/Sales and Solicitations ......................127Dining Regulations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 127Housing and Residential Life ApplicationAcceptance Policy ..................................127Housing and Residential Life Regulations ..................127Procedures of Entry and Search of University-OperatedHousing. .........................................127Nondiscrimination Policy ..............................127Sexual Harassment Policy/Hostile Work/AcademicEnvironment ......................................128Parking and Traffic Regulations ..........................128Posting Policy .......................................128Smoking Policy ......................................128Commonly Abused Drugs Chart: www.drugabuse.govStudent Right-to-Know and Campus Security Act:Go to www.nmsupolice.com (then select “Annual Reports.”)SECTION 1:Student Code of Conduct1 INTRODUCTION1.1 Purpose—The freedom of individuals to inquire, study, evaluate, and gain newunderstanding and maturity is essential and must be protected against suppression.Dissent plays a vital part in the role of higher education. However,freedoms cannot be protected or exercised in an institution that lacks order andstability. Students enrolled at <strong>New</strong> <strong>Mexico</strong> <strong>State</strong> University, as well as at Doña<strong>Ana</strong> <strong>Community</strong> <strong>College</strong>, have an obligation to uphold the laws of the largercommunity of which they are a part. The intent of this Code is to ensure thatstudents of the <strong>New</strong> <strong>Mexico</strong> <strong>State</strong> University system neither lose their rightsnor escape the responsibility of citizenship. While the activities covered by thelaws of the larger community and those covered by NMSU’s rules may overlap,it is important to note that the community’s laws and NMSU’s rules operateindependently and therefore do not substitute for each other. NMSU-<strong>DACC</strong>may pursue enforcement of its own rules whether or not legal proceedings areunderway or in prospect, and may use information from third party sources(such as law enforcement agencies and the courts) to determine whether NMSUrules have been broken. Membership in the NMSU-<strong>DACC</strong> community doesnot exempt anyone from local, state or federal laws, but rather imposes theadditional obligation to abide by all of NMSU’s regulations. It is the personalresponsibility of every member of the campus community not only to protecthis/her own rights, but to respect the rights of others, and to behave in a mannerconducive to learning and/or living in an educational environment. Just asindividuals within the community have a responsibility to adhere to a code ofprescribed behavior, the institution assumes the obligation of clearly codifyingand fairly enforcing the same. <strong>New</strong> <strong>Mexico</strong> <strong>State</strong> University upholds the beliefthat those who do not conform to established standards set forth in this Code ofConduct must be held accountable for their actions. Therefore, the purpose ofthe Code of Conduct is to inform the student body of the rules and regulationsthat are essential to the normal operation of the university system.1.2 Definition of Student—For the purpose of application of this Code of Conduct,“student” means any person enrolled in the <strong>New</strong> <strong>Mexico</strong> <strong>State</strong> University systemand any person who resides in <strong>New</strong> <strong>Mexico</strong> <strong>State</strong> University on-campushousing facilities. Persons who are not officially enrolled for a particular termbut who have a continuing relationship with NMSU-<strong>DACC</strong> are considered“students.” Students who violate the Code of Conduct can expect prompt anddeliberate adjudication, whether or not they choose to be present, or remain atNMSU-<strong>DACC</strong>. Furthermore, if a decision has been made within the disciplinaryprocess which impacts a person who is not currently enrolled, he/she stillremains subject to the determination upon re-enrollment.1.3 Student/Student Organization Rights and Responsibilities—By enrolling atDoña <strong>Ana</strong> <strong>Community</strong> <strong>College</strong>, a student accepts responsibility for compliancewith all local, state and federal laws, and university regulations, whileretaining the rights guaranteed under the Constitution of the United <strong>State</strong>s. Astudent or student organization alleged to have engaged in any misconductshall have the right of due process and appeal as delineated in this Code, andit is each student’s/student organization’s responsibility to represent themselvesin this educational administrative process. This is not a criminal process, andNMSU-<strong>DACC</strong> is not bound by the rules of evidence normally used in casesbrought before the <strong>State</strong> or Federal judicial systems. The standard of proof willbe “preponderance” not “beyond a reasonable doubt.” NMSU and <strong>DACC</strong>expect all students to show respect for the rights of others and for authority, toprotect private and public property, to execute contractual obligations, and totake responsibility for their own actions and the actions of their guests.1.4 Student Organizations—A student organization, its officers, and its membersmay beheld collectively and individually responsible when violations of thisCode, by those associated with the organization, occur and such violationsare authorized, encouraged, directed, tolerated, supported by, or committedon behalf of the organization.1.5 Programs with Special Admissions Requirements. (Dental Assistant, DentalHygiene, Diagnostic Medical Sonography, EMS/Paramedic, Health Care Assistant,Nursing, Radiologic Technology, and Respiratory Care)—Studentswho have selected a program with special admissions requirements may besubject to background checks and additional regulations not included in thegeneral regulations set forth in this Handbook. Such students should consultthe handbook of their particular program.
2012-2013 Student Handbook 1172 ADMINISTRATION OF DISCIPLINEThe responsibility of administering the discipline system is delegated by the Presidentof Doña <strong>Ana</strong> <strong>Community</strong> <strong>College</strong> to the Vice-President for Student Servicesfor nonacademic discipline and to the Vice-President for Academic Affairs foracademic discipline. In turn, these individuals may delegate authority to othergroups or individuals for handling violations of the Student Code of Conduct. Allactivities shall be monitored by a central administrative authority to ensure fairnessand consistency. All discipline sanctions imposed campus-wide will be reported tothe Vice-President for Student Services for record-keeping purposes.Doña <strong>Ana</strong> <strong>Community</strong> <strong>College</strong> attempts to handle discipline matters at the lowestpossible level by recognizing a variety of Hearing Officers. Each Hearing Officer isa <strong>DACC</strong> Official who is an administrator, faculty member, or staff member such as aDepartment Chairperson or Professional Staff Member. Hearing Officers adjudicatecases when violations are alleged. The Hearing Officer is authorized to exercise activecontrol over the proceedings in order to elicit relevant information, to avoid needlessconsumption of time, and to prevent the harassment or intimidation of witnesses.Disciplinary regulations at Doña <strong>Ana</strong> <strong>Community</strong> <strong>College</strong> are set forth in writing inorder to give students general notice of prohibited conduct. These rules and regulationsshould be read broadly and are not designed to define prohibited conduct inexhaustive terms. It is recognized by <strong>New</strong> <strong>Mexico</strong> <strong>State</strong> University and Doña <strong>Ana</strong><strong>Community</strong> <strong>College</strong> that students are adults and are expected to obey the law andtake personal responsibility for their conduct. A student is therefore subject to twosources of authority, civil/criminal authority and NMSU-<strong>DACC</strong> authority. Violationof any municipal ordinance, law or regulation of the <strong>State</strong> of <strong>New</strong> <strong>Mexico</strong>, or lawor regulation of the United <strong>State</strong>s which may cause harm or endangerment to selfor others, or somehow compromises the educational mission of the <strong>College</strong> or University,may result in disciplinary action. The <strong>College</strong>/University does not normallytake disciplinary action for off-campus violations, but it retains the right to act inspecial cases. Disciplinary action imposed by NMSU-<strong>DACC</strong> may precede, andbe in addition to, any penalty that might be imposed by an off-campus authority.When accused of a violation, the student has the right to review the evidence againsthim or her, but this does not necessarily mean the right to confront a witness. Attorneyswill not be allowed to attend or participate in hearings.The procedures to be followed in matters of academic and nonacademic misconductdiffer and are outlined in the following sections. In exceptional cases of academicmisconduct, the “Procedures for Dealing with Cases which May Result in Expulsionor Degree Revocation” will be followed instead, and may be found in the AdministrativePolicy and Procedures Manual, or may be obtained in the Office of the VicePresident for Student Services.3 ACADEMIC MISCONDUCT3.1 Persons and/or groups involved in Academic Discipline Cases3.1.1 Vice-President for Academic Affairs—When an academic violation occurs,the Vice President for Academic Affairs (or a designee) will dispose of anyviolations referred or appealed to the Dean’s Office.3.1.2 Academic Appeals Board—A student appeals board shall be establishedfor each academic year as a standing committee consisting of three (3) facultymembers and two (2) students to be appointed by the Vice-President forAcademic Affairs. In some cases, the Vice-President for Academic Affairs mayconvene the Academic Appeals Board and solicit its recommendation.3.1.3 The decision of the Vice-President for Academic Affairs is final and willbe reported to all parties concerned within three (3) working days under thegeneral process.3.2 Academic Misconduct—Any student found guilty of academic misconductshall be subject to disciplinary action. Academic misconduct includes, but isnot limited to, the following actions:3.2.1 Cheating or knowingly assisting another student in committing an actof cheating or other forms of academic dishonesty;3.2.2 Plagiarism, which is using another person’s work without acknowledgmentand making it appear to be one’s own. Any ideas, words, pictures, orother source material must be acknowledged in a citation that gives credit to thesource. This is true even if the source be another student’s work, unpublisheddocuments, oral statements, or the Internet. Intentional and unintentionalinstances of plagiarism are considered instances of academic misconduct. Itis the responsibility of the student submitting the work in question to know,understand, and comply with this policy. If no citation is given, then borrowingany of the following would be an example of plagiarism:• an idea or opinion, even when put into one’s own words (paraphrase)• a few well-said words, if these are a unique insight• many words, even if one changes most of them• materials assembled by others, for instance quotes or a bibliography• an argument• a pattern of idea• graphs, pictures, or other illustrations• facts• all or part of an existing paper or other resourceThis list is not meant to include all possible examples of plagiarism. See theUniversity Library’s Web page on plagiarism for further examples.3.2.3 Unauthorized possession of examinations, reserve library materials,laboratory materials, or other course-related materials;3.2.4 Unauthorized changing of grades on an examination, in an instructor’sgrade book, or on a grade report; or unauthorized access to academic computerrecords;3.2.5 Nondisclosure or misrepresentation in filling out applications or otherNMSU-<strong>DACC</strong> records in or for academic departments or colleges. Studentswho engage in disruptive activities in an academic setting (e.g., classrooms,academic offices, or academic buildings) are subject to disciplinary action inaccordance with Section 4, “Non Academic Misconduct—All Students.” Suchstudents are also subject to administrative actions in accordance with the <strong>DACC</strong><strong>Catalog</strong>.3.3 Academic Discipline Process—General Cases3.3.1 Course or Departmental Level—For incidents that occur at the courseor academic department level, the faculty member or department chair mustinform the student of the alleged offense within ten (10) working days of itsdiscovery, and after an investigation and/or conference, will take one of thefollowing actions:3.3.1-A The allegation may be dismissed as unfounded;3.3.1-B The allegation may be dismissed for lack of evidence;3.3.1-C The student may admit guilt and a sanction will be imposed;3.3.1-D The Hearing Officer will determine guilt based on preponderanceof the evidence, and a sanction will be imposed; or3.3.1-E The Hearing Officer will report the decision to the student and tothe Vice-President for Academic Affairs.3.3.2 Other Academic Misconduct—For those incidents involving academicmisconduct not at the course level (e.g., falsification of academic records), theVice-President for Academic Affairs, or a designee, will serve as the HearingOfficer and will follow the same process as outlined above.3.3.3 Appeal Process3.3.3-A All possible levels of appeal should be exhausted before a casereaches the Vice-President for Academic Affairs. The student must alwaysbe advised as to the next level of appeal.3.3.3-B A student who wishes to appeal an instructor’s decision may doso by writing to the course department chair (Division Dean, if instructoris also Department Chair) within five (5) working days. The appropriateHearing Officer will consider both sides of the case and report thedecision to the student, the course instructor, the Department Chair, thecorresponding Division Dean, the Vice-President for Academic Affairs,and the Vice-President for Student Services within ten (10) working days.If extenuating circumstances prevent either party from meeting this timeframe, an alternate schedule will be formulated by all parties involved.3.3.3-C Either party may appeal a Department Chair’s decision to the correspondingDivision Dean; however, a request for a formal hearing neednot necessarily be granted. The following points will apply in all cases ofappeal:3.3.3-C1 The appeal must be made in writing to the appropriateappellate person or body within the specified period of time.