TITLE IX, SEXUAL HARASSMENT AND SEXUAL MISCONDUCT
Title IX of the Education Amendments of 1972 is a federal law that prohibits sex discrimination in education. It reads:
“No person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity receiving Federal financial assistance.”
Title IX of the Education Amendments of 1972, and its implementing regulation at 34 C.F.R. Part 106(Title IX) Title IX was recently supplemented by regulations (34 C.F.R. 106 – Nondiscrimination on the Basis of Sex in Education Programs or Activities Receiving Federal Financial Assistance) promulgated by the US Department of Education, published on May 6, 2020, with an effective date of August 14, 2020. In response, NMSU has updated Administrative Rules and Procedures (“ARP”) 3.25 – Prohibition of All Forms of Unlawful Discrimination and implemented Standard Operating Procedures, Process for Resolving Complaints of Discrimination by OIE.
NMSU does not discriminate on the basis of sex in education programs or activities. Title IX prohibits sexual misconduct (sexual violence), sexual harassment (discrimination on the basis of sex or gender), stalking, domestic violence, dating violence, and retaliation. NMSU ARP 3.25, and the Title IX provisions contained therein, apply to all NMSU students, staff, and faculty. NMSU policy requires reporting, of any discriminatory or alleged discriminatory conduct, by all “responsible employees”. Responsible employees include those with the authority to address and remedy sex-based discrimination and harassment; and/or those with the responsibility to report sexual misconduct to a supervisor and OIE; and/or those who a student would reasonably believe have such authority or obligation.
NMSU Responsibilities under Title IX Law
- NMSU will resolve complaints promptly and equitably.
- NMSU will take immediate and appropriate action once it knows or reasonably knows of possible sexual harassment, sexual assault, intimate partner violence, or stalking.
- NMSU will take prompt and effective steps to end sexual harassment, sexual misconduct (sexual violence), dating or domestic violence, and retaliation, prevent its re-occurrence and address its effects.
- NMSU will offer supportive measures as appropriate and as reasonably available to restore or preserve equal access to educational programming, employment, or activity without unreasonably burdening the other party.
- NMSU will adhere to the fair and impartial resolution/procedural process for all parties.
- NMSU will provide an opportunity for both parties to present witnesses and evidence, as well as, offer the same appeal rights.
NMSU Title IX Coordinator:
Laura Castille, Office of Institutional Equity
- O’Loughlin House, MSC 3515, PO Box 30001, Las Cruces, NM 88003-3515.
- Phone: 575.646.3635.
- Email: email@example.com.
Deputy Title IX Coordinators:
- Annamarie DeLovato, Office of Institutional Equity
- O’Loughlin House, MSC 3515, PO Box 30001, Las Cruces, NM 88003
- Phone: 575.646.3635
- Email: firstname.lastname@example.org
- Carlsbad: Juanita Garcia, Vice President for Student Services,
- 1500 University Drive, Carlsbad, NM 88220.
- Phone: 575. 234.9220.
- Email: email@example.com.
- Grants: Patrick Clingman, Vice President for Student Services,
- 1500 Third Street, Grants, NM 87020.
- Phone: 505.287.7981.
- Email: firstname.lastname@example.org.
- Alamogordo: Anne Ricksecker, Vice President for Student Services,
- 2400 North Scenic Drive, Alamogordo, NM 88310.
- Phone: 575.439.3600.
- Email: email@example.com
- DACC: Amadeo “Ike” Ledesma, Vice President for Student Services,
- MSC 3DA, PO Box 30001, Las Cruces, NM 88003-0105.
- Phone: 575.527.7530.
- Email: firstname.lastname@example.org
All Deputy Title IX Coordinators, upon receipt of any reports, will submit a report to the Title IX coordinator through OIE’s online portal located at