DACC Catalog - Dona Ana Community College - New Mexico State ...

122 Doña Ana Community CollegeEDUCATIONAL PROGRAMS. NMSU-DACC actively encourages students to learnabout the physiological, psychological, social, and legal implications of alcohol anddrug use and abuse. To facilitate the students’ educational process, the University WAVE(Wellness, Alcohol, and Violence Education) program offers to students programs concerningthese issues that are delivered to classes and student groups across campus aswell as through weekly outreach events. WAVE and the Student Health Center jointlysponsor National Alcohol Screening Day. Additionally WAVE frequently advertises inthe Round Up and provides information for articles that are published through campusmedia. WAVE and the Counseling Center also provide the BASICS (Brief AlcoholScreening and Intervention for College Students) program that assists individuals inexamining their use, decisions, and consequences surrounding alcohol. A similar butabbreviated tool called E-CHUG is available on the WAVE website. WAVE is alwaysinterested in providing information across campus and can be reached at 646-2813.To ensure that students receive the best help and information, involved personnelare encouraged to participate in seminars, workshops, and conferences to learn thelatest approaches to drug education and the newest information available regardingalcohol/drug use and abuse.Recognizing that the social environment changes rapidly, the University invitesstudents to offer suggestions pertaining to their needs in the area of drug and alcoholeducation to the WAVE program coordinator.Discipline and Law EnforcementNMSU-DACC recognizes that many behaviors are restricted by state and federal laws.The basic premise of University discipline is to provide regulations for students inkeeping with the laws of the State of New Mexico and the United States of America,as well as to maintain an environment maximally conducive to education. While theUniversity does not normally take disciplinary action for off-campus violations, itretains the right to act in special cases.With reference to drug violations, an individual apprehended for drug abuseoff-campus is subject to civil proceedings and is not usually addressed through theUniversity discipline system unless the off-campus actions impact the campus community.As a property owner, the University has the right to prohibit behaviors on thatproperty that may not be restricted in other environments. This is especially relevant forhousing regulations. Students who reside on University property, by doing so, consentto University housing regulations. As long as they reside in University housing, theyare subject to University discipline.A. Amnesty. Any student drug user who, prior to apprehension, voluntarily directsa request for rehabilitation to any University official, including the UniversityPolice, will be referred to the proper rehabilitation agency or medical authorities.The case will be kept strictly confidential, and no disciplinary or criminal actionwill be taken as long as the student upholds the agreement for rehabilitationand refrains from any other possession or use of illegal substances on-campus.B. Penalties for Drug Violation1. First offense for usage, possession, or accessory to a drug violation.a. If found guilty, or guilt is admitted (not relating to amnesty as definedabove) for a violation of a law of the State of New Mexico or Universityregulation relating to one ounce or less of marijuana, the penalty maybe as much as disciplinary probation or suspension.b. If found guilty, or guilt is admitted (not relating to amnesty as definedabove) for violation of a law of the State of New Mexico or Universityregulation relating to narcotic drugs, marijuana (over one ounce), depressants,or other illegal drugs, the penalty may be as much as disciplinarysuspension, dismissal, or expulsion.2. If guilt is proven or admitted for selling, processing, delivering, compounding,or dispensing in any manner marijuana or any other dangerous narcotic,depressant, stimulant or hallucinogenic drugs, the student will be subjectto penalties up to and including expulsion on the first offense.3. A student who admits guilt, or is found guilty of a second drug offense, maybe subject to penalties up to and including expulsion.4. Any student who has been suspended or dismissed for drug violations, andhas evidence of successful rehabilitation, may petition for readmission to theUniversity upon recommendation from relevant psychological or psychiatricprofessionals.C. Exclusion from Campus. Students suspended, dismissed or expelled from theUniversity for drug violations, or those convicted of drug violations off-campuswho persist in returning onto campus, will be subject to such legal procedures asdeemed necessary to bar such entry, when probable cause of further violationsof University regulations can be shown.Firearms PolicyIt is unlawful and against university policy for anyone to carry a firearm on universitypremises except for: (1) a peace officer; (2) university security personnel; (3) student,instructor or other university -authorized personnel who are engaged in army, navy,marine corps or air force reserve officer training corps programs or a state-authorizedhunter safety training program; (4) a person conducting or participating in a universityapprovedprogram, class or other activity involving the carrying of a firearm; or (5) aperson older than nineteen years of age on university premises in a private automobileor other private means of conveyance, for lawful protection of the person’s or another’sperson or property.As used in this policy, university premises means: (a) the buildings and groundsof a university, including playing fields and parking areas of a university, in or onwhich university or university -related activities are conducted; or (b) any other publicbuildings or grounds, including playing fields and parking areas that are not universityproperty, in or on which university-related and sanctioned activities are performed.Whoever commits unlawful carrying of a firearm on university premises is guilty of apetty misdemeanor and may be subject to disciplinary action as appropriate.Prohibition of Hazing and Hostile MisconductThe University promotes a safe environment where students, faculty, staff and visitorsmay reside on campus, participate in university-sponsored activities and be membersof organizations recognized by NMSU-DACC without compromising health, safety, orwellness. It is therefore the University’s policy to prohibit any act or omission whichconstitutes hazing, bullying or other hostile misconduct, as well as retaliation againstpersons who report misconduct pursuant to this policy. In the event an allegationof hazing, bullying, hostile misconduct or retaliation is substantiated after objectiveinvestigation, appropriate corrective or disciplinary action will be taken to ensure thatthe offensive behavior does not recur.A. “Hazing” is an act committed by one or more individuals, on or off campus,where the following apply:1. The act was committed in connection with student or employee status or inconnection with an initiation into, an affiliation with, or the maintenanceof membership in, any organization. For the purpose of this policy, “organization”means an intercollegiate or intramural athletic team; charteredstudent organization; or other association, order, society, corps, cooperative,club, department, unit, division or similar group that is officially affiliatedwith the University and whose membership consists primarily of enrolledstudents or employees of the University; and2. The act creates unreasonable risk of emotional or physical harm, or causesactual physical harm, mental duress or degradation, or interferes with aperson’s academic endeavors or progress, or work environment.B. “Bullying” is an act or omission that intimidates or mistreats a person, typicallya person perceived to be weak or vulnerable.C. “Hostile Misconduct” is an act or failure to act, which is sufficiently severe,pervasive or persistent so as to interfere with or limit a person’s ability toparticipate in academic opportunities or activities, or to work productively inthe workplace. The hostile misconduct prohibited by this policy need not bebased on any protected class, which is similarly prohibited by the University’santi-discrimination policies.D. Retaliation for purposes of this policy is retribution in any form against a personwho has in good faith: (a) opposed the misconduct prohibited by this policy;(b) filed a complaint of hazing, bullying or other hostile misconduct with theirsupervisor, the Office of Human Resource Services department or other appropriateoffice with jurisdiction; (c) assisted with or participated in an investigation,proceeding or hearing related to enforcement of this policy. Retaliation in andof itself, if substantiated by investigation, will result in disciplinary action, upto and including termination.E. An act of hazing, bullying or other hostile misconduct may also constitute illegaldiscrimination if it is based upon age, ancestry, color, mental or physicaldisability, gender, genetics, serious medical condition, national origin, race,religion, sexual orientation, gender identity, spousal affiliation, or veteranstatus. In this event, it shall be reported to the Office of Institutional Equity foraction under the University’s anti-discrimination policies, which also prohibitretaliation.F. An act of hazing, bullying or other hostility may also constitute a hate crimeunder the laws of New Mexico, and shall be reported to the NMSU PoliceDepartment for potential criminal investigation and prosecution.