What types of complaints does OIE investigate?
- OIE investigates a range of complaints alleging violations of NMSU discrimination policy and Federal and State anti-discrimination laws, including Title IX. Examples of areas investigated are: Age, Color, Disability, Domestic/Romantic/Dating Violence, Equal Pay, Gender: (Male/Female), Gender Identity/Gender Expression, Medical Condition/FMLA, National Origin, Race/Ethnicity/Ancestry, Religion, Retaliation, Sexual Harassment/Sexual Misconduct, Sexual Assault (including non-consensual sex), Stalking, Sexual Orientation, and Veteran Status/Military Status.
How do I file a complaint?
- Complaints can be filed with OIE either in person, by regular mail, by email or online. OIE’s office is located on NMSU’s main campus at the O’Loughlin House, 1130 University Avenue, Las Cruces, NM. OIE’s mailing address is MSC 3515, PO Box 30001, Las Cruces, NM 88003. OIE’s direct email address is firstname.lastname@example.org and the online complaint form can be found on OIE’s website located at https://equity.nmsu.edu/report-an-incident/.
Why should I file a complaint?
- OIE keeps all complaints and inquiries on file in our database. Your complaint will assist us in redressing any violation of policy impacting your ability to work and learn at NMSU, as well as assist us in identifying patterns of conduct that may impact the entire NMSU community. Even one incident may constitute a violation of policy, rule or procedure and should be reported. Employees are required to report potential violations observed or reported.
If I file a complaint, will it stay confidential?
- It depends. OIE must weigh requests for confidentiality against the University’s obligation to provide a safe, nondiscriminatory environment for all students, faculty, staff and visitors. Requests for confidentiality will be evaluated on a case by case basis. In certain circumstances, the University is required by law to disclose information and as such, confidentiality cannot be guaranteed. For more information regarding confidentiality, please see NMSU Administrative Rules and Procedures, Rule 3.25, Part 13
Do I have to file a complaint to get resources and assistance through OIE?
- No. It is not necessary that you file an OIE complaint in order for OIE to work with you to ensure that you continue your education. We can assist you with interim measures, including: no contact orders, leniency from professors, etc. even if you decide not to file a complaint.
If I file a complaint will it be included in my academic record?
- No, the OIE investigative process is completely separate from the academic process and your complaint will not become part of your academic record. If a complaint results in discipline, that discipline may become a part of the academic record of the individual receiving the discipline.
I have an interview at OIE regarding a complaint, can I bring someone with me?
- Yes. An employee or student who may come in for an interview and/or meeting with OIE they can bring a support person with them. However, the discussion or questions will be directed to the employee or student. A support person is present to support the individual during the meeting or interview, not to speak on their behalf or otherwise disrupt the interview.
Something happened to me off campus, do I still need to file a report?
- You never have to file a complaint; however, we encourage you to do. NMSU reserves the option to take jurisdiction in cases involving sexual violence, sexual assault, or rape that involve students or employees, but that occur off campus. However, if the incident occurred off-campus, NMSU’s ability to take direct action against a particular perpetrator may be limited. Regardless, OIE must still take steps to provide appropriate remedies for the complainant and, where appropriate, the larger school population.
What happens after I file a complaint?
- After a complaint is filed, OIE reviews the allegations and a decision is made to either accept or deny the matter for investigation. If accepted, OIE initiates an investigation which can include witness interviews and review of any relevant documentation. At the conclusion of the investigation, OIE prepares and submits a report to the Provost for administrative review. The Provost (or designee) will then review the report and render a decision as to whether a violation of University policy has occurred. OIE will then inform the parties and appropriate administrators of the Provost’s decision. If a violation of policy is found, the matter will be referred either to the Dean of Students or to Human Resource Services/Employment and Labor Relations for appropriate discipline.
If my complaint is not accepted for investigation, can I appeal?
- Yes, if your complaint is not accepted for investigation, you can appeal. A formal internal discrimination complaint is initially reviewed to determine if the complaint will proceed to an investigation. If the initial review finds that the complaint will not be accepted for investigation, the OIE Executive Director will inform the complainant in writing of the decision. The complainant may appeal the decision in writing to the Executive Vice President and Provost (or designee) within five (5) working days of receipt of the notification letter.
Can I appeal the decision of the Provost?
- Under current NMSU policy/rule 3.25, the determination made by the Office of the Provost exhausts the internal process for employees, students and others.
What medical information do I need to petition for an ADA accommodation for my disability?
- Employees who file a petition for an ADA accommodation will need to have the Medical Information Form completed by their attending physician. Your Medical Provider is to send the Medical Information Form directly to OIE. It is to be submitted one of the following ways:
It is the responsibility of the employee to follow-up with their medical provider to ensure the Medical Information Form was sent to OIE
If I file a petition for an ADA accommodation, will my medical information be shared with my supervisor/co-workers?
- No. An employee’s medical information is confidential and will not be shared with their supervisor or co-workers. However, it is the employee’s responsibility to ensure that their supervisor has the accommodation memo issued by OIE and to provide the memo when it is requested by a supervisor.
What is a religious accommodation?
- A religious accommodation is an adjustment to either the work or class environment, such as scheduling, in order to accommodate the employee or student’s religious beliefs. The need for religious accommodation may arise where an individual’s religious beliefs, observances or practices conflict with a specific task or a requirement of job. Such accommodations often relate to work schedules, dress, grooming, or religious expression in the workplace or academic environment. Upon the filing of a request for accommodation, an assessment will be made to determine whether the accommodation, if granted, would create or cause an undue hardship. OIE will work with the petitioner and their supervisor, to develop reasonable religious accommodations when practicable.
I am pregnant. Do I need to file a petition for an accommodation?
- Employees seeking pregnancy-related leave or other accommodations or parental leave should first contact Human Resource Services.Students seeking pregnancy accommodations should contact the Office of Institutional Equity at 575-646-3635 or they can request an accommodation at: https://equity.nmsu.edu/accommodations/pregnancy-2/In addition, while a routine pregnancy is not covered by NMSU policies on disability accommodations, impairments arising from a pregnancy might be.
Position Announcements, Required Language:
The university has incorporated the equal employment opportunity clause in all position announcements, purchase orders, leases, contracts, etc., covered by Executive Order 11246, as amended, and its implementation regulations. That clause reads:
- “New Mexico State University is an Equal Opportunity/Affirmative Action Employer; Minorities, Females, Veterans, and those with a Disability are encouraged to apply.”
A shortened version is also authorized:
- “NMSU an Equal Opportunity/Affirmative Action Employer”