Discipline Related Policies and Procedures Sexual Misconduct Policy

New Mexico State University will not tolerate sexual misconduct of any kind as defined herein:

• Forced Sexual Contact - Any harmful, insulting or non-consensual verbal or physical contact of a sexual nature with another person (including touching, fondling, exposure, disrobing, etc.) that is accomplished toward another without his/her consent including any such act accomplished by means of actual or implied force, threat, coercion, or helplessness. Forcing or intimidating a person to touch another’s intimate parts shall also constitute sexual contact.
• Forced Sexual Penetration - Intercourse (vaginal penetration); sodomy (anal penetration); oral copulation (oral-genital contact); or penetration with any object (including a finger), by the use of force, threats, coercion, or by taking advantage of a victim's helplessness.

A student charged with sexual misconduct, including acquaintance or date rape, can be prosecuted under New Mexico criminal statutes and disciplined under the Student Code of Conduct. Even if the law enforcement authorities choose not to prosecute, the University can pursue disciplinary action.

A violation occurs when there is participation in any kind of sexual misconduct by a student individually or in concert with others. Since the University hopes to educate students in order to prevent violations, students should understand that:

1. Forced sexual penetration or other unwanted forced sexual contact is defined as sexual misconduct whether the assailant is a stranger or an acquaintance of the victim.
2. Alcohol and/or drug use, intoxication, or any impairment of the accused, does not absolve responsibility for sexual misconduct.
3. In situations where the victim is incapable of giving consent, or is unable to resist sexual advances due to alcohol/drug use or other impairments, the accused will be held responsible for sexual misconduct.
4. Force or coercion is defined as:
   1. The use of physical force or physical violence.
   2. The use of threats, including but not limited to physical threats, abduction, extortion or retaliation directed against the victim or another when the victim believes that there is an ability to execute such threats.
   3. The use of verbal comments or non-verbal behaviors/gestures to intimidate the victim or another when the victim believes that there is a present ability to execute such threats.
5. Threat is defined as an expression of intention to hurt, destroy, or punish the victim or another.

Where there is cause to believe that the University regulations prohibiting sexual misconduct have been violated, the University will initiate disciplinary action. Accusations of sexual misconduct will be investigated by the Coordinator of Student Judicial Services according to the Code of Conduct. If evidence is available to indicate that a student is guilty of sexual misconduct, or if guilt is admitted, the penalty for such misconduct may be as much as disciplinary suspension, dismissal or expulsion.