Discipline Related Policies and Procedures Prohibited Access Policy

The following individuals may be prohibited from entering upon land or buildings owned or used by the Regents of New Mexico State University, its colleges, departments, branches, experiment stations, ranches, and all property owned or occupied by agencies supervised by the Regents:

1. Persons charged with criminal acts against the Regents or NMSU students or employees during the pendency of such criminal charges.
2. Persons found guilty by a court of competent jurisdiction of criminal acts against the Regents or NMSU students or employees.
3. Any individual whose presence on-campus constitutes a clear and present danger to the persons, property, or peace of the Regents, or NMSU students, employees or agents (contractors).
4. Any individual whose presence on-campus, given all attendant circumstances, could reasonably cause injury against the persons or property of the Regents or NMSU students or employees.
5. Any individual ordered withdrawn under the Medical/Psychiatric Withdrawal Policy of the University.

In order to be prohibited from use of University lands and buildings, individuals must be notified in writing of the prohibition by the Vice President for Student Success, or a designee. Notice may be made personally or by certified mail. Individuals so notified shall be immediately barred subject to the right to request a hearing within three (3) days of the service of notification or within six (6) days of the date of mailing the certified letter. Extension of time will be given to the next business day for any day that occurs on a weekend or a holiday as established by New Mexico State University.

Appeals shall be made by giving a written notice to the Office of the President of intent to appeal. Hearing on the appeal shall be within seven days from the receipt of the notice of appeal. Neither the individual prohibited nor the University shall be represented at the hearing by legal counsel. The hearing need not conform to the strict rules of legal evidence. In the event that the President or his/her designee reverses the prohibition, the individual shall be immediately entitled to enter upon University land or property. In the event that the President or his/her designee affirms the decision, the individual’s prohibition shall continue. The decision of the President or his/her designee is final.

Under most circumstances, prohibitions under this policy will be for one year or less. When the prohibition is indefinite, the affected individual may petition for the removal of the prohibition after one calendar year by submitting a written request to the Vice President for Student Success. With respect to individuals convicted of criminal acts against the University, its students, or employees, the one year shall commence to run at the time the individual is released from incarceration resulting from the conviction.

Any violation of such prohibition may result in legal action by the Regents against the individual, including such criminal charges as may be appropriate under the circumstances, including criminal trespass.