The Eastern New Mexico University System (the System/System) affirms its commitment to promote the goals of fairness and equity in all aspects of the educational enterprise. The System prohibits any and all discrimination on the basis of sex. All policies and subsequent procedures below are subject to resolution using the ENMU Equity Resolution Process, as detailed below. When the responding party is a member of the System community, the Equity Resolution Process is applicable regardless of the status of the reporting party who may be a member or non-member of the System community, including prospective students, students, student organizations, faculty, administrators, staff, prospective employees, guests, and visitors.

The System adheres to all federal and state civil rights laws prohibiting discrimination in public institutions of higher education. This policy and procedure specifically govern the System’s sex-based discrimination policies and procedures. The System does not discriminate on the basis of sex in its educational programs, activities, employment, and admission decisions, and the University is required by Title IX and 34 C.F.R. Part 106 not to discriminate in such a manner.

When brought to the attention of the System, any sex-based discrimination will be appropriately addressed and remedied by the System according to the Equity Resolution Process described below. Non-members of the campus community who engage in violations of this policy with the System’s programs or on System property are not under the jurisdiction of this policy but can be subject to actions that limit their access and/or involvement with System programs, events or property as a result of their misconduct. All vendors serving the System through third party contracts are subject to these policies and procedures.

This policy applies to behaviors that take place on property owned, operated or controlled by the System; at System events, and off-campus as appropriate where such conduct has the purpose or effect of discriminating against any person on the basis of sex with respect to any education program or activity of the System. This also includes any building owned or controlled by any student organization officially recognized by the System.

ENMU-R does not discriminate, on the basis of sex, its educational programs, activities, employment and admission, and ENMU-R is required by Title IX and 34 C.F.R. Part 106 not to discriminate in such a manner. In accordance with Title IX, ENMU-R is committed to providing maintaining a campus environment free from Sex-Based Discrimination, whether committed by students, faculty, staff, or third parties, such as prospective students, campus visitors, community members, etc. Inquiries concerning the application of Title IX and 34 C.F.R. Part 106 may be referred to the ENMU System Title IX Coordinator or to the Assistant Secretary for the Office for Civil Rights of United States Department of Education.

Report incidences of Sex-Based Discrimination using any of the following options.  There is no time limit for filing a report of sex-based discrimination, however, if the respondent is no longer subject to ENMU-R’s jurisdiction, the ability to investigate, respond and provide remedies may be more limited. If you are in need of emergency services, call the ENMU-Roswell Campus Security Office, or 911 immediately; then

1. 1. Report directly to the Title IX Coordinator or the Deputy Title IX Coordinator;
   2. Report to an Official with Authority – President, Vice President, Assistant Vice President, or Executive Director of the University;
   3. Report to any trusted, responsible member of the ENMU-R campus community who can refer you to one of the above campus representatives.
   4. Report an incident through the automated Self-Service Banner system, using the Student Complaint Links located on the Student Services & Financial Aid Tab.

All incidences of actual, suspected or implied Sex-Based Discrimination must be reported to, and reviewed by the Title IX Coordinator, regardless of the role of the reporter or the respondent in the campus community (students, faculty, staff or third-party participants), and even if an incident was initially reported to another party. The University has actual knowledge of sexual harassment, or an allegation of such, when reported to the Title IX Coordinator, the Deputy Title IX Coordinator, or an Official with Authority. All ENMU-R employees (students, faculty, staff, and administrators) are required to report actual or suspected Sex-Based Discrimination to appropriate officials immediately, unless the employee is acting in an official, licensed capacity as a counselor, health provider or member of the clergy. All other staff involved in the reporting, investigation or hearing processes of a Title IX complaint will maintain the confidentiality of parties involved to the extent possible, based on FERPA regulations, and the need to protect the campus community. All parties involved must understand that the university may not be able to honor confidentiality in all cases.

ENMU-R encourages the reporting of sex-based discrimination by reporting parties and witnesses.  Sometimes, reporting parties or witnesses are hesitant to report to ENMU-R officials or participate in resolution processes out of the fear of self-accusation of policy violations. It is in the best interest of the campus community for responsible parties to report to ENMU-R officials, and that witnesses come forward to share what they know.  To encourage reporting, ENMU-R pursues a policy that will protect the educational opportunities of parties who willingly participate in an investigation, but might otherwise be subject to sanctions for violations of policy because of their involvement in the activity.

Investigation of an Incident: ENMU-R will initially act on any formal or informal allegation or report of violation of this policy received by the Title IX Coordinator, the Deputy Title IX Coordinator, or an Official with Authority. Following receipt of notice or a report of a violation of this policy, the Title IX Coordinator will contact the complainant to discuss the availability of supportive measures, and explain the process for filing a formal complaint.  As necessary, the System reserves the right to initiate an investigation without a formal report or participation by the reporting party, if known circumstances would reasonably support an investigation.

The Title IX Coordinator or their designee(s) may provide supportive measures intended to address the short-term effects of sex-based discrimination, i.e., to redress harm to the reporting party and the community and to prevent further violations.  These remedies may include, but are not limited to the following:

1. 1. Referral to counseling and health services;
   2. Referral to an employee assistance program;
   3. Education to the community;
   4. Altering the housing situation of the respondent, resident student, resident employee or reporting party;
   5. Altering work arrangement for employees;
   6. Providing campus escorts (safe ride services);
   7. Providing reasonable transportation accommodations;
   8. Implementing contact limitations between the parties;
   9. Restricting access to certain campus facilities or campuses; and/or
   10. Offering adjustments to academic deadlines, course schedules, etc.

The University may impose emergency measures, such as an interim suspension of a student or student organization, or may place an employee on administrative leave pending the completion of investigation. Such action may occur when it is determined that the safety or well-being of any member(s) of the campus community may be jeopardized by the continued presence on-campus of the respondent or the ongoing activity of a student organization whose behavior is in question. The Title IX Coordinator will recommend emergency measures in consultation with other University administrative officials. The Title IX Coordinator, in consultation with other University administrative staff, will implement the appropriate emergency measures, as determined. Violation of an interim suspension under this policy will be grounds for expulsion or termination.

If the Title IX Coordinator determines during the preliminary inquiry that there is reasonable cause to believe there has been a violation of policy, the formal investigation process will begin.

Within five (5) days of Title IX Coordinator’s determination that there is reasonable cause to believe there has been a violation of policy, the Title IX Coordinator or his/her designee(s) will provide written notification of the commencement of the investigation to the parties. The notice shall contain a statement of the allegations against the respondent, the possible sanctions if the allegations are substantiated, the right of the respondent to present evidence and a witness list in response thereto, and any other information the Title IX Coordinator, in his/her sole discretion deems appropriate to include.

A designated investigator will conduct interviews of the reporting party, the respondent and relevant witnesses. A party may submit a list of witnesses to the investigator within ten (10) days of the written notification of the initiation of the investigation. The investigator will review the witness list and will call for the interview of relevant witnesses. The reporting party, the respondent, and any witness interviewed as part of an investigation may have an advisor of their choice present at their interview. However, the advisor may not to speak on behalf of the interviewee, or offer any evidence or argument in the investigation process. All interviews are confidential, and all persons interviewed, and their advisors, if any, are required to maintain the confidentiality of all investigation proceedings.

The investigator will examine all relevant evidence and witness statements prior to issuing an investigation report. The investigator may disregard any evidence found to be irrelevant. Either party may submit evidence to the investigator, but the investigator will not be limited to reviewing only evidence submitted by the parties, and may rely on outside evidence obtained during the investigation process.

Within sixty (60) days of the initiation of the investigation, the investigator will prepare an Investigation Report. The Investigation Report will include a statement of the allegations against the respondent, the evidence reviewed and the witnesses interviewed, and a summary of the investigation.

Informal Resolution: An informal resolution can be pursued for any behavior that falls within this policy, at any time during the process. This option may be used when:

1. A responding party admits responsibility for all or part of the alleged policy violations at any point in the process;
2. the investigation reaches a finding that the parties accept;
3. both parties elect to resolve the allegation using the Informal Resolution Process and the Title IX Coordinator assents.

At any point during the Informal Resolution process, including at its conclusion, either party may request that the matter be referred to a Formal Resolution process.

Hearing Procedures: As a part of a formal resolution process, the University must provide for a live hearing, if requested by either party. The requesting party may request a hearing by delivering a written request for hearing to the Title IX Coordinator within five (5) days of receipt of the Investigation Report. Once a hearing is requested, the Title IX Coordinator will notify the designated Decision-Maker, who shall schedule a hearing to take place not more than thirty (30) days from the date of the written request for hearing. The Decision-Maker will provide the respondent with notice of the date and time of the hearing not less than five (5) days before the date of the hearing.

The scope of the hearing will be limited to the complaint, content of the written investigation report and any other evidence collected during the process. Formal rules of evidence do not apply. The respondent will be allowed to address the written investigation report, including presentation of any evidence which the responding party wishes to present; however, the Decision-Maker may, with discretion, prohibit the introduction of duplicative or irrelevant evidence.  The respondent may, but is not required to, provide an oral or written statement in response to the written investigation report and the recommended sanctions.

Cross-Examination must only be conducted by an advisor and never by the party. Questions challenging credibility are allowed. The Decision-Maker must evaluate each question to determine relevance before the question is answered, and must explain why a particular question shall be excluded. Questions and evidence about the complainant’s sexual predisposition or prior sexual behavior are not relevant, unless such questions and evidence about the complainant’s prior sexual behavior are offered to prove that someone other than the respondent committed the conduct alleged by the complainant, or if the questions and evidence concern specific incidents of the complainant’s prior sexual behavior with respect to the respondent and are offered to prove consent. If an individual refuses to submit to cross examination, the Decision-Maker may not rely on any statement of that individual to determine responsibility.

Proceedings are private. All persons present at any time during the hearing are expected to keep the contents of the hearing private. The parties have the discretion to share their own experiences if they so choose, and should discuss doing so with their advisors.

Hearings (except for deliberations) are recorded for purposes of review in the event of an appeal. The parties may not record the proceedings, and no other unauthorized recordings are permitted. The Decision-Maker, the parties, and appropriate administrative officers of the System will be allowed to listen to the recording in a location determined by the Title IX Coordinator. No person will be given or be allowed to make a copy of the recording without permission from the Title IX Coordinator. The Decision-Maker will review the Investigation Report, including all evidence provided therewith, including all inculpatory and exculpatory evidence, and render a decision solely on the question of whether or not the University shall impose the recommended sanctions. The Decision-Maker may impose any greater or lesser sanctions, for good cause, based on his/her review of all of the evidence. (Refer to the formal policy for possible sanctions that may be imposed). The Decision-Maker will prepare a written deliberation report and deliver it to the Title IX Coordinator and both parties simultaneously.  The report will include a statement of the allegations, procedural steps of the process, findings, conclusions, sanctions imposed if any, the rationale thereof, and the permissible bases for an appeal by either party.

Appeals: If either party may appeal the findings of an investigation and/or hearing on the specific bases listed below. However, a party appealing the outcome of the investigation process must provide a notice of appeal to the Title IX Coordinator within three (3) days of receipt of the Investigation Report, or if a hearing is conducted, within three (3) days of the final decision of the Hearing Administrator. The Title IX Coordinator will assign the appeal to an appropriate Appeal Decision-Maker, who may be an Adjudication Officer, Executive Area Administrator, Campus President, or System Chancellor. The notice of appeal must specify a proper and reasonable basis for the appeal, as listed below:

(1) Procedural irregularity that affected the outcome of the matter;

(2) New evidence that was not reasonably available at the time the determination regarding responsibility or dismissal was made, that could affect the outcome of the matter; and

(3) The Title IX Coordinator, investigator(s), or decision-maker(s) had a conflict of interest or bias for or against complainants or respondents generally or the individual complainant or respondent that affected the outcome of the matter.

The Appeal Decision-Maker hearing the appeal will review the appeal request(s).  The original finding and sanction/responsive actions will stand if the appeal is not timely or is not based on the grounds listed above, and such a decision is final. The party requesting an appeal must show that the grounds for an appeal request have been met, and the other party or parties may show the grounds have not been met, or that additional grounds are met. When any party requests an appeal, the Title IX Coordinator will share the appeal request with the other party, who may file a response within three (3) days of notice by the Title IX Coordinator.  If new grounds are raised, the original, appealing party will be permitted to submit a written response to these new grounds within three (3) business days. Any response or appeal request will be shared with each party. The Appeal Decision-Maker will issue a decision within thirty (30) days of receipt of the written notice of appeal. The decision rendered on appeal is final.

Subsequent Prevention. ENMU-R is committed to preventing the recurrence of any sex-based discrimination including without limitation, harassment, or other sexual misconduct. ENMU-R will document and take such steps as are deemed appropriate to facilitate change for the purpose of the correction of discriminatory effects on the reporting party and others, as appropriate, and ENMU-R.

Retaliation. ENMU-R takes reports of sex-based discrimination very seriously. The University will not tolerate retaliation against those who make such reports or participate in the investigatory or adjudicatory process. Retaliation includes, but is not limited to, any adverse employment or educational action taken for making a report of sex-based discrimination, or otherwise participating under this Policy. The University considers any actual or threatened retaliation or any act of intimidation to prevent or otherwise obstruct the reporting of sex-based discrimination or the participation in the Title IX Process a separate violation of this Policy and may result in disciplinary sanctions. Any person who believes that they have been subject to retaliation should immediately report this concern to the Title IX Coordinator.

ENMU-R highly recommends that each member of the campus community, as defined above, downloads and becomes familiar with the full language in ENMU-Roswell Policy 80.12 – Title IX Policy and Procedures, for the safety and protection of all members of the campus community.