“No person in the United States, shall, on the basis of sex, be excluded from the participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity receiving federal financial assistance.” (20 U.S.C. § 1681 & 34 C.F.R. Part 106 (1972).
The Eastern New Mexico University System (the System/System) affirms its commitment to promote the goals of fairness and equity in all aspects of the educational enterprise. The System prohibits any and all discrimination on the basis of sex. The System adheres to all federal and state civil rights laws prohibiting discrimination in public institutions of higher education. This policy and procedure specifically govern the System's sex-based discrimination policies and procedures. The System does not discriminate on the basis of sex in its educational programs, activities, employment, and admission decisions, and the University is required by Title IX and 34 C.F.R. Part 106 not to discriminate in such a manner.
When brought to the attention of the System, any sex-based discrimination will be appropriately addressed and remedied by the System according to the ENMU system Policy 80-12 Title IX Policy, and the ENMU System Resolution Process and Procedures Manual for Alleged Violation of the Title IX Policy. Links to these documents can be found at https://www.roswell.enmu.edu/title-ix/.
Jurisdiction: This policy applies to behaviors that take place in the United States, and on property owned, operated or controlled by the System; at System events, or off-campus as appropriate where such conduct has the purpose or effect of discriminating against any person on the basis of sex with respect to any education program or activity of the System. This also includes any building owned or controlled by any student organization officially recognized by the System.
The campus community includes prospective students, students, student organizations, faculty, administrators, staff, prospective employees, guests, and visitors who are currently participating in an education program or activity at the University. Non-members of the campus community who engage in the System's programs or on System property are not under the jurisdiction of this policy but can be subject to actions that limit their access and/or involvement with System programs, events or property as a result of their misconduct or violations of this policy. All vendors serving the System through third party contracts are subject to these policies and procedures.
ENMU System Title IX coordinator: Inquiries concerning the application of Title IX and 34 C.F.R. Part 106 may be referred to the ENMU System Title IX Coordinator or to the Assistant Secretary for the Office for Civil Rights of United States Department of Education.
ENMU System Title IX Coordinator
W. Greg Lamm
System Title IX Coordinator
ENMU Station 2
1500 S Ave K
Portales, NM 88130
575-562-2235
greg.lamm@enmu.edu
Roswell Office:
Instructional Technology Center 113-114
23 W Mathis
Roswell, NM
575-624-7142
For inquiries to the Assistant Secretary for the Office for Civil Rights of United States Department of Education:
U.S. Department of Education
Office for Civil Rights
400 Maryland Ave. SW
Washington, DC 20202-1100
Customer Service: 800-421-3481
Fax: 202-453-6012
TDD: 877-521-2172
E-mail: OCR@ed.gov
Reporting an Incident: Report incidences of Sex-Based Discrimination using any of the following options. There is no time limit for filing a report of sex-based discrimination, however, if the respondent is no longer subject to ENMU-R’s jurisdiction, the ability to investigate, respond and provide remedies may be more limited.
If you need emergency services, call the ENMU-Roswell Campus Security Office, or 911 immediately; then
Report directly to the Title IX Coordinator or the Deputy Title IX Coordinator;
Report to an Official with Authority – President, Vice President, Assistant Vice President, or Director of the University;
Report to any trusted, responsible member of the ENMU-R campus community who can refer you to one of the above campus representatives.
Report an incident through the link provided on the ENMU-R Title IX webpage at https://www.roswell.enmu.edu/title-ix/ .
All incidences of actual, suspected or implied Sex-Based Discrimination must be reported to, and reviewed by the Title IX Coordinator, regardless of the role of the reporter or the respondent in the campus community (students, faculty, staff or third-party participants), and even if an incident was initially reported to another party. The University has actual knowledge of sexual harassment, or an allegation of such, when reported to the Title IX Coordinator, the Deputy Title IX Coordinator, or an Official with Authority. All ENMU System employees (students, faculty, staff, and administrators) are required to report actual or suspected Sex-Based Discrimination to appropriate officials immediately, unless the employee is acting in an official, licensed capacity as a counselor, health provider or member of the clergy. All other staff involved in the reporting, investigation or hearing processes of a Title IX complaint will maintain the confidentiality of parties involved to the extent possible, based on FERPA regulations, and the need to protect the campus community. All parties involved must understand that the university may not be able to honor confidentiality in all cases.
The ENMU System encourages the reporting of sex-based discrimination by reporting parties and witnesses. Sometimes, reporting parties or witnesses are hesitant to report to University officials or participate in resolution processes out of the fear of self-accusation of policy violations. It is in the best interest of the campus community for responsible parties to report to University officials, and that witnesses come forward to share what they know. To encourage reporting, the ENMU System pursues a policy that will protect the educational opportunities of parties who willingly participate in an investigation, but might otherwise be subject to sanctions for violations of policy because of their involvement in the activity.
Title IX Resolution Process:
The ENMU System will act on any formal or informal notice/complaint of violation of the Title IX policy that is received by the Title IX Coordinator or trained designee or any other Official with Authority (OWA) by applying the procedures as documented in the ENMU System Resolution Process and Procedures Manual for Alleged Violations of the Title IX Policy. This document can be found at:
Retaliation. The ENMU System takes reports of sex-based discrimination very seriously. The University will not tolerate retaliation against those who make such reports or participate in the investigatory or adjudicatory process. Retaliation includes, but is not limited to, any adverse employment or educational action taken for making a report of sex-based discrimination, or otherwise participating under this Policy. The University considers any actual or threatened retaliation or any act of intimidation to prevent or otherwise obstruct the reporting of sex-based discrimination or the participation in the Title IX Process a separate violation of this Policy and may result in disciplinary sanctions. Any person who believes that they have been subject to retaliation should immediately report this concern to the Title IX Coordinator.
Subsequent Prevention. The ENMU System is committed to preventing the recurrence of any sex-based discrimination including without limitation, harassment, or other sexual misconduct. The ENMU System administration will document and take such steps as are deemed appropriate to facilitate change for the purpose of the correction of discriminatory effects on the reporting party and others, as appropriate, and for the ENMU system.
Training. The ENMU system administration highly recommends that each member of the campus community, as defined above, completes annual training as provided; and becomes familiar with the full language in the ENMU System Policy 80-12 Title IX Policy, and the Resolution Process and Procedures Manual for Alleged Violations of the Title IX Policy for the safety and protection of all members of the campus community.