Division of Student Affairs

Title IX Office

"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

NMT Notice of Nondiscrimination

Reporting Options & Procedures

FILE A REPORT

Title IX is a Federal law that prohibits discrimination based on sex in educational programs and activities that receive Federal financial assistance. Examples of programs and activities that are subject to Title IX include applicants (e.g., admissions, employment), financial aid, academic programs, athletics, housing, and employment. Title IX protects students, employees, and recruits from all forms of sex discrimination (e.g., sex stereotypes, sex characteristics, pregnancy or related conditions, sexual orientation, gender identity), sex-based harassment (e.g., quid pro quo, hostile environment, sexual assualt/violence, relationship violence, stalking), and other forms of non-harassment sex discrimination (e.g., differential treatment, failure to provide reasonable modifications for pregnancy or related conditions, retaliation). Collectively these are Title IX Prohibited Conduct. Tech refers to these prohibited behaviors or conduct as Sexual Misconduct or Prohibited Conduct. These prohibited behaviors are also considered a violation of New Mexico Tech’s Sexual Misconduct Policy that applies to all Tech’s students and employees.

New Mexico Tech’s Title IX Coordinator monitors and oversees the University’s compliance with Title IX and related laws in the prevention of sex discrimination. This includes the coordination of education and training activities and the response to Title IX complaints. Students, faculty, administrators, staff, or others who participate in Tech’s education programs and activities with questions, concerns, or complaints about sex/gender-based discrimination, stalking, intimate partner violence, sex harassment or other forms of sexual misconduct are encouraged to contact Tech’s Title IX Coordinator:

Title IX Coordinator

Peter Phaiah, Ph.D.

AVP for Student Life
Fidel Student Center 238

801 Leroy Place

Socorro, NM 87801

(575) 835-5953 Off.

(575) 322-0001 Cell.

Email: titleixcoordinator@smcun.com

Dr. Phaiah is available to meet with students or employees who need information or guidance about sex discrimination, Title IX Prohibited Conduct, and sexual misconduct. Normal office hours are Monday through Friday, from 8:00 a.m. until 5:00 p.m. but appointments also can be made outside of these hours as needed.

Title IX inquiries can also be directed to:

Title IX Deputy

Randy Saavedra

Affirmative Action/EEOC Director &

ADA Compliance Officer
Cramer Hall 115

801 Leroy Place

Socorro, NM 87801

(575) 835-5005.

email: randy.saavedra@smcun.com

Webpage: academicpersonnel.smcun.com/affirmative-action

Title IX Investigator

Theresa Kappel

Fidel Student Center 261

Socorro, NM 87801

Phone: 575-835-6209

Email: theresa.kappel@smcun.com

For more information see New Mexico Tech Sexual Misconduct Policy or Procedures for Reporting Incidents of Misconduct or Title IX Offenses below.

If you have any questions, you are welcome to contact us.

Recent Update

Some of you may have heard about new regulations recently issued by the U.S. Department of Education's Office for Civil Rights (OCR). Tech has initially modified its New Mexico Tech Sexual Misconduct Policy accordingly and to be in compliance with, the Clery Act, Violence Against Women Act (VAWA), and applicable New Mexico law. There is a need to continually to collaborate with many constituents to address those related issues that outside the scope or jusidiction of Title IX but that are still needed and will be covered by the NMT Sexual Misconduct policy and our Student Code of Conduct. Tech remains firmly committed to our work in preventing, educating, and responding to issues of sexual misconduct and intimate partner/relationship violence.

Related Policies and Procedures

The following policies and procedures govern Tech’s response to complaints of sexual misconduct and prohibited conduct:

NMT Sexual Misconduct Policy
Sexual Misconduct Grievance Flow Chart
NMT Sexual Misconduct & Title IX Resolution Procedures (Grievance Procedure)
Guide to Conduct and Citizenship for Students (non-academic policy)
Sexual Misconduct Reporting Options and Procedures
Non-Title IX Informal Resolution Process for Student Sexual Misconduct Cases
Non-Title IX Formal Resolution Process for Student Sexual Misconduct Cases
Sexual Misconduct Reporting Options and Procedures (Spanish Version)
New Mexico Definitions of Violence Against Women Act Crimes
Employee Reporting Obligations Under Title IX Employee Handbook (Appendix D: Sexual Assault Reporting Process)
Procedures for Responding to Reports of Sexual Misconduct
The Campus Sexual Violence Elimination Act of 2013 (Campus SaVE)
Title IX of the Educational Amendment of 1972
Sexual Misconduct Investigative Procedures Involving Students
Procedures to Follow if You are the Respondent/ Accused
Annual Security and Fire Safety Report/Crime Statistics
Sexual Misconduct Risk Reduction Tip
Know Your Rights: Pregnancy and Parenting- Title IX Protects You From Discrimination at School
Tech’s Sexual Misconduct Prevention and Response Commitment to Campus Guests
Sanctioning Guidelines for Sexual Misconduct/Title IX Violations
Roles and Respo nsibilities of Advocates/Support Persons
Pregnacy & Parenting OCR Resource

Title IX Office FERPA Authorization

The Family Educational Rights and Privacy Act (FERPA) of 1974, as amended (sometimes referred to as the Buckley Amendment), is a federal law that protects the privacy of education records of all students enrolled in schools beyond the high school level. Schools are required to maintain that privacy, primarily by restricting release of records and the access provided to those records. Under FERPA, education records are defined as records that are directly related to a student and are maintained by an education agency or institution or by a party acting for the agency or institution. The information may be recorded in any way, including, but not limited to, handwriting, print, computer media, videotape, audiotape, film, microfilm, microfiche, and e-mail.

Any educational institution that receives funds under any program administered by the U.S. Secretary of Education is bound by FERPA requirements. Institutions that fail to comply with FERPA may have funds administered by the Secretary of Education withheld. The U.S. Department of Education maintains a website with information about FERPA.

Students may grant the Title IX Office permission to release information about their records to a third party (including parents, step-parents, etc.) by completing the FERPA Authorization online. Please notice, you must complete a separate entry for each parent, family member, or other individual to whom you wish to grant access to information regarding your case. Please click here to get access to the release form. If you do not have a Tech student account, please contact titleixcoordinator@smcun.com to obtain the form via email.

Once completed and submitted to the Title IX Office, we will reach out to student to confirm that the Authorization is in place.

Rights of the Parties

Complainant’s Rights Related to Sex-based Discrimination/Sexual Misconduct, Stalking, Relationship Violence, and Retaliation Cases

Respondent’s Rights Related to Sex-based Discrimination/Sexual Misconduct, Stalking, Relationship Violence, and Retaliation Cases

Resources

While the University encourages an individual who has experienced sexual misconduct to make an official report, whether the person chooses to do so, they are urged to seek appropriate help. There are numerous resources and interim safety measures for students and employees on campus at NMT or externally in the community or region. Specific resources, either on or off campus for medical treatment, legal evidence collection, obtaining information, support, counseling, understand rights, and officially reporting an incident of sexual misconduct are listed below:

NMT Sexual Misconduct Reporting Options & Procedures

NMT Sexual Misconduct Reporting Options & Procedures- Spanish Vesrion

On-campus Emergency Resources:

NMT Police Department (NMPD or CamPo)- 911 from a campus phone or call (575) 835-5555 from a cell. phone or outside landline. CamPo is located in the Student Activities Center (SAC)
Student Health Provider- (575) 835-5094; 1st floor Fidel; Confidential Report (information provided to a Confidential Report will not be shared without the individual's consent)
Counseling Services - (575) 835-6619; 1st floor Fidel; Confidential Report

On-campus Non-emergency Resources:

Title IX Coordinator- (575) 835-5953 or (575) 835-5880; titleixcoordinator@smcun.com; Fidel Student Center 238
Office of AA/EEOC- (575) 835-5005; Cramer Hall 115
Campus Ombuds (Confidential Employees);
Richard Sonnenfelt, Ph.D., richard.sonnenfeld@smcun.com, 575-838-7113, Workman 347, Faculty Senate Ombudsman

Gloria Gutierrez-Anaya, gloria.gutierrez-anaya@nmt.ed, 575-835-6545, Macey 101, Staff Ombudsperson
CamPo's non-emergency phone number is x-5434 from a campus line or (575) 835-5434 from a cell. phone or outside line.
Complete and submit Tech’s online Title IX & Sexual Misconduct Reporting Form by clicking the URL below or by cutting and pasting this URL into your browser http://cm.maxient.com/reportingform.php?NewMexicoTech&layout_id=1. These reports can be made anonymous but this may limit the Institution's ability with follow-up questions and investigations.
Anonymous reports can also be made by victims and/or third parties using the online reporting form posted at the NMT Affirmative Action Office, or the reporting hotline at (575) 835-5005.

Off-campus Emergency Resource

Socorro Police Department (SPD), ambulance, or other emergencies- 9-911 from a campus phone or 911 from a cell. phone or outside line.

Community Resources & Partners:

Socorro General Hospital (SGH)- (575) 835-1140 select Emergency Room (ER) from the recording options
Socorro Mental Health- (575) 835-2444
Socorro General Medical Group Clinic- (575) 838-4690, Tona Hudson (LCSW) is a current resource for psychiatric needs, therapy, and connect victims with appropriate resources in the area.
Sexual Assault Nurse Examiners (SANE)- (505) 884-7263; Albuquerque (transportation available via NMTPD)
Rape Crisis Center of Central New Mexico- (505) 266-7711 or (888) 881-8282
New Mexico Crisis Line & Access Line- (855) 662-7474
Suicide Hotline and Crisis Line 988
New Mexico Crisis, Warm Line (Peer to Peer) – (855) 466-7100
New Mexico Crisis, TTY Line- (855) 227-5485
Albuquerque Agora Hotline- (505) 277-3013
CrisisText- Text HOME to 741741
Presbyterian Medical Services- (575) 835-4444
NMT Employee Assistant Program (EAP): Corporate Health Resource- (800) 348-3232
National Suicide Prevention- (800) 273-8255

Confidential Reporting Options/Resources for NMT Students:

NMT Counseling Center: Fidel Student Center Suite 151 – (575) 835-6619
NMT Health Center: Fidel Student Center Suite 151- (575) 835-5094
Socorro Mental Health Clinic: 1200 US Route 60 – (575) 835-2444
The National Domestic Violence Hotline: (800) 799-7233
National Sexual Assault Hotline: (800) 656-4673
Albuquerque Rape Crisis: 1025 Hermosa Dr. SE, Albuquerque, NM 87108 email:www.rape-crisis.org – (505) 266-7711
All of the resources listed above section (Community Resources & Partners) are confidential resources in most all cases (some reports involving minors are mandatory reports).