Student Code of Conduct I. Introduction

• Purpose - The freedom of individuals to inquire, study, evaluate, and gain new understanding and maturity is essential and must be protected against suppression. Dissent plays a vital part in the role of the University. However, freedoms cannot be protected or exercised in a university that lacks order and stability. Students at New Mexico State University main campus and branch campuses at Alamogordo, Carlsbad, Dona Ana, and Grants have an obligation to uphold the laws of the larger community of which they are a part.
  
  The intent of this Code is to ensure that students at the University neither lose their rights nor escape the responsibility of citizenship. While the activities covered by the laws of the larger community and those covered by NMSU's rules may overlap, it is important to note that the community’s laws and NMSU’s rules operate independently and therefore do not substitute for each other. NMSU may pursue enforcement of its own rules whether or not legal proceedings are underway or in prospect, and may use information from third party sources (such as law enforcement agencies and the courts) to determine whether University rules have been broken. Membership in the NMSU community does not exempt anyone from local, state or federal laws, but rather imposes the additional obligation to abide by all of NMSU's regulations. It is the personal responsibility of every member of the campus community not only to protect his/her own rights, but to respect the rights of others, and to behave in a manner conducive to learning and/or living in an educational environment.
  
  Just as individuals within the community have a responsibility to adhere to a code of prescribed behavior, the institution assumes the obligation of clearly codifying and fairly enforcing the same. New Mexico State University upholds the belief that those who do not conform to established standards set forth in this Code of Conduct must be held accountable for their actions. Therefore, the purpose of the Code of Conduct is to inform the student body of the rules and regulations that are essential to the normal operation of this University.



• Definition of Student - For the purpose of application of this Code of Conduct, "student" means any person enrolled at New Mexico State University, which includes the main campus and all branch campuses, and any person who resides in New Mexico State University on-campus housing facilities. Persons who are not officially enrolled for a particular term but who have a continuing relationship with New Mexico State University are considered “students.” Students who violate the Code of Conduct can expect prompt and deliberate adjudication, whether or not they choose to be present, or remain at the University. Furthermore, if a decision has been made within the disciplinary process which impacts a person, who is not currently enrolled, he/she still remains subject to the determination upon re-enrollment.



• Students/Student Organization Rights and Responsibilities - By enrolling at New Mexico State University, a student accepts responsibility for compliance with all local, state and federal laws, and University regulations, while retaining the rights guaranteed under the Constitution of the United States. A student or student organization alleged to have engaged in any misconduct shall have the right of due process and appeal as delineated in this Code and it is each student’s/student organization’s responsibility to represent themselves in this educational administrative process. This is not a criminal process, and the University is not bound by the rules of evidence normally used in cases brought before the State or Federal judicial systems. The standard of proof will be “preponderance” not “beyond a reasonable doubt.” The University expects all students to show respect for the rights of others and for authority, to protect private and public property, to execute contractual obligations, and to take responsibility for their own actions and the actions of their guests.



• Student Organizations - A student organization, its officers and members may be held collectively and individually responsible when violations of this Code, by those associated with the organization, occur and such violations are authorized, encouraged, directed, tolerated, supported by, or committed on behalf of the organization.