Student Conduct FAQ's

Question: Marajuana is now legal in New Mexico, does this mean I can ues it on campus?
- Marajuana might be legal in the State of New Mexico, but that does not mean you as a student can partake in it on campus. It is not allowed on campus at any time, nor allowed to be used in the residence areas. New Mexico State University is a Title IX school and follows the Federal Regulation Laws concerning the use of marajuana on campus. For more information, please contact dos@nmsu.edu.

Question: I received an on-campus documentation what happens now?
- You will receive a letter to your NMSU email address regarding a meeting that has been scheduled for you to attend with a Conduct Officer, an appointed NMSU staff member. This is an informal meeting (called an Educational Conference) to learn about the charges and about the conduct process. If you wish to have a hearing, you may request this during your Ed. Conference, in which case the Conduct Officer will explain to you the next steps in the process. If you do not appear for your Ed. Conference, the Conduct Officer will automatically proceed with the next steps by forwarding it to a Hearing Officer who will be in contact about your scheduled meeting. It is a student’s right to have any allegations of misconduct be heard by a Hearing Officer.

Question: I have been charged with plagiarism or another form of academic misconduct, what happens now?
- An informal meeting will be scheduled by the Academic Conduct Officer to allow the parties involved to discuss the findings, an additional or disputed facts, and to explore whether you wish to accept responsibility for the sanction proposed or if you would want to have your case heard by the Hearing Panel. The Hearing Panel is made up of three members (one academic administrator, one faculty member, and one student) who have been trained and reside on the Student Academic Conduct Board. It is a student’s right to have any allegations of academic misconduct be heard by a Hearing Panel.

Question: If I received a citation by the police and documentation by the University for the same situation, will I still have an Educational Conference or a Hearing?
- Yes. In instances where you are cited by the police and also have recieved documentation from a University Official, the situation will be handled by both entities. The Police will issue citations for instances where there are legal concerns, and NMSU will proceed forward with the disciplinary process where there is evidence of a violation of the Student Social Code of Conduct. Sometimes these situations overlap and will be handled by both.
  - For example, if you are charged by the University Police for underage drinking on campus and documented by a University Official for the same situation, you will need to respond to the police citation summons and attend the meetings that are scheduled by the Conduct/Hearing Officer.

Question: What if the violation occurred off campus?
- Misconduct off-campus can be documented through the Student Social Code of Conduct if it substantially interferes or causes harm to NMSU’s mission, finances or reputation; occurs at or in connection with an NMSU sponsored event; involves an NMSU official or volunteer acting in their official capacity; or creates a threat to the safety and security of NMSU property or any member of the NMSU Community.

Question: What if I missed my scheduled appointment?
- If you miss your scheduled Educational Conference, the Conduct Officer will forward your case to a Hearing officer who will reach out to you with another assigned meeting that is mandatory. If you miss the meeting with the Hearing Officer, they can hear the case in your absence with the information that is present at the time. If you miss either meeting, it is in your best interest to reach out to the Conduct or Hearing Officer to see if there is a way to reschedule.

Question: What if I need to reschedule my appointment?
- If you would like to reschedule your appointments, you can reach out to the Conduct or Hearing Officer. Their contact information will be in the letter that was sent to your NMSU email. You must reach out at least 3 business days in advance of your appointment time to reschedule

Question: What happens if I do not complete my assigned sanction?
- Students must complete all sanctions assigned by the Hearing Officer or Appeal Officer. Failure to complete these cases may result in further charges such as “Failure to Comply” as well as a hold on your account which may impact your ability to register for classes or apply for transcripts.

Question: Can my parent attend my Hearing?
- Students can have a support person, including a parent attend an Ed Conference or Hearing. The support person is not allowed to answer questions on behalf of the student or generally participate in the proceedings. The student must also notify the Conduct Officer or Hearing Officer if they are having a support person attend at least 3 business days in advance.

Question: How are sanctions decided?
- Sanctions are only determined after a student accepts responsibility for charges or if they are found to be responsible by a Hearing Officer or Panel. We understand that every situation has unique considerations and the Conduct process is used to help us understand each situation better. The things that help us determine the level of sanction include (but is not limited to): the nature of the violation, the student’s role in the incident, the impact or potential impact that it has on the wider NMSU community, prior disciplinary records, and any other mitigating or aggravating factors.

Question: How do I appeal a Hearing Decision?
- 1. Appeals of the Hearing decision must be done by sending a “Notice of Appeal” in writing to the dean of students within 5 days of the receipt of the Hearing Officers determination. An NMSU official will be designated to serve as the Appeal officer. The appeal process is to provide a limited/final review based on the hearing record to determine if there was a miscarriage of justice in the resolution of the case. The appealing party must assert that at least one the following grounds applies and when considered a different outcome would have resulted:
  1. Procedural Error
  2. Conflict of Interest or Bias
  3. Arbitrary or Capricious
  4. New Evidence
  5. Nature/Level of Sanction