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Western New Mexico University Board of Regent’s Policy Manual
APPROVED AND ADOPTED, by the Board of Regents of Western New Mexico University this revised edition effective
December 13, 2002
Stephen R Janos Chair, WNMU Board of Regents
Attest:
William “Bud” Davis Secretary WNMU Board of Regents
Introduction............................................................................................................... 1
Glossary of Terms.................................................................................................... 2-6
Chapter I – General Policies & Principles.............................................................. 7-33
1. History of the University.................................................................................. 7-8
2. Mission Statement.......................................................................................... 8
3. Review and Approval of the Mission............................................................... 8
4. Role of the Regents......................................................................................... 8
5. Shared Responsibility...................................................................................... 8-9
6. Commitment to General Principles................................................................... 9-10
7. Code of Conduct............................................................................................ 10
8. Conduct Leading to Disciplinary Action........................................................... 10-14
9. State of Emergency......................................................................................... 14-15
10. Drug Free Workplace Policy.......................................................................... 15-17
11. Release of Personnel Information.................................................................... 17-18
12. Central File of Publications & Policy Statement............................................... 18-19
13. Western New Mexico University Acquired Immune Deficiency Syndrome Policy.............................................................. 19-22
14. Exposure Control Plan.................................................................................... 23-25
15. Building Architectural Style Policy................................................................... 25
16. Affirmative Action Policy................................................................................ 25-26
17. Use of Advisory Search Committees............................................................... 26 18. Policy of Racism............................................................................................. 27
19. Sexual Harassment Policy Statement............................................................... 27-29
20. Language Policy............................................................................................. 29
21. Agreement Between WNMU & WNMU Foundation.................................... 29-33
Chapter II – The Board of Regents......................................................................... 34-48
1. Constitutional and Legal Provisions................................................................ 34
2. Duties and Functions...................................................................................... 34-35
3. Composition.................................................................................................. 35
II. 4. Organization....................................................................................... 35-36
II. 5. Committees........................................................................................ 36
II. 6. Building, Facility, & Space Naming Committee................................... 36-37
II. 6A. Plaques on New Buildings.................................................................. 37
II. 7. Budget & Finance Committee............................................................. 37
II. 8. Audit Committee................................................................................ 37
II. 9. Honorary Degree Committee.............................................................. 37-39
II. 10. Resolution Adopting Notice Procedures Pursuant to NM Open Meeting Act............................................................................ 39
II. 11. Time and Place of Meetings................................................................ 39
II. 12. Notice to the Public Concerning Meetings.......................................... 39-41
II. 13. Closed Meetings............................................................................... 41-42
II. 14. Quorum for Meeting.......................................................................... 42
II. 15. Parliamentary Authority..................................................................... 42
II. 16. Agenda for Meetings......................................................................... 43 II. 17. Minutes of Meeting........................................................................... 43
II. 18. Resolution on Open Meetings Act..................................................... 44
II. 19. Regents Information Session.............................................................. 44
II. 20. Conflict of Interest Policy.................................................................. 44
II. 21. Board of Regents Scholarships.......................................................... 44
II. 22. Formulation of Policies...................................................................... 44-45
II. 23. Periodic Re-evaluation of Policies...................................................... 45
II. 24. Compensation................................................................................... 45
II. 25. Orientation of New Members............................................................ 45
II. 26. Rights and Responsibilities................................................................. 45
II. 27. Policy on Board Member Travel........................................................ 46-4
II. 28. Resolution for Board Meetings by Telephone Conference Call............................................................................... 47-48
Chapter III – The President..................................................................................... 49-52
1. The Office of the President............................................................................ 49
III. 2. Appointment..................................................................................... 49
III. 3. Relationship Between the President and the Board of Regents............................................................................. 49
III. 4. Responsibilities................................................................................. 49-50
III. 5. Removal........................................................................................... 50
III. 6. Place in the University Organization................................................... 50-51
III. 7. Terms and Conditions of Employment............................................... 51
III. 8. Absences.......................................................................................... 51
III. 9. Evaluation of the President............................................................... 51-52
Chapter IV – The Faculty......................................................................................... 53-68
1. Role............................................................................................................. 53
IV. 2. Appointment...................................................................................... 53
IV. 3. Duties and Responsibilities of the Faculty............................................ 53-54
IV. 4. Academic Load................................................................................. 54
IV. 4A. Policy of Class Size............................................................................ 55-56
IV. 5. Promotion in Rank............................................................................. 57
IV. 6. Tenure............................................................................................... 57
IV. 7. Dates of Campus Duty....................................................................... 57
IV. 8. Employment and Discharge of Persons Advocating Sabotage, Sedition, or Treason........................................................ 57
IV. 9. Employment and Advanced Degrees.................................................. 57
IV. 10. Graduate Student Academic Staff...................................................... 58
IV. 11. Employment of WNMU Graduates.................................................... 58
IV. 12. Retirement......................................................................................... 58
IV. 13. Incentive Retirement Policy and Plan.................................................. 58-63
IV. 14. Contracts.......................................................................................... 63
IV. 15. Faculty Contracts.............................................................................. 63
IV. 16. Salary Increments.............................................................................. 63
IV. 17. Summer Session Faculty Salaries and Contract................................... 63
IV. 18. Leave................................................................................................ 63
IV. 19. Outside Professional Activities........................................................... 64
IV. 20. Extra Compensation Paid by the University........................................ 65
IV. 21. Holidays............................................................................................ 65 IV. 22. Visiting Scholars................................................................................ 65
IV. 23. Political Activities.............................................................................. 65-66
IV. 24. Termination of Employment............................................................... 66
IV. 25. Emeritus Status................................................................................. 66
IV. 26. Patent Policy.................................................................................... 66-67
IV. 27. Privileges and Benefits...................................................................... 68
IV. 28. Other Policies Applying to Faculty Only............................................ 68
Chapter V – Staff Employees................................................................................... 69-81
1. Definitions..................................................................................................... 69
V. 2. General............................................................................................ 69
V. 3. Policies Applying to Staff Only......................................................... 69
V. 4. Qualifications for Hiring, Promotion, and Transfer............................. 69
V. 5. Contracts for Administrators............................................................ 70
V. 6. Management Rights.......................................................................... 71
V. 7. Corrective Discipline........................................................................ 71
V. 8. Termination of Employment.............................................................. 71
V. 9. Notice of Termination of Employment............................................... 71
V. 10. Layoff Policies Adopted................................................................... 72
V. 11. Grievance Procedure....................................................................... 72
V. 12. Privileges and Benefits...................................................................... 72
V. 13. Vacation Policy................................................................................ 73 V. 14. Administrative Leave........................................................................ 73
V. 15. Holidays.......................................................................................... 74 V. 16. Solicitations..................................................................................... 74-81
V. 17. Disclosure of Information................................................................. 81
V. 18. Political Activities............................................................................. 81
Chapter VI – The Student Body.............................................................................. 82-89
VI. 1. General........................................................................................... 82
VI. 2. Admission....................................................................................... 82
VI. 3. Rights and Responsibilities............................................................... 82-83
VI. 4. Grievances...................................................................................... 83
VI. 5. Student Identification....................................................................... 83
VI. 6. Access to Student Records.............................................................. 83
VI. 7. Attendance at Classes....................................................................... 83-84
8. Student Organizations.................................................................................... 84
VI. 9. Alcohol & Drug Policy...................................................................... 84-85
VI. 10. Communicable Disease Policy............................................................ 85-88
VI. 11. Weapons Policy................................................................................ 89
Chapter VII – Instructional Programs..................................................................... 90-94
1. Establishing New Programs of Study.............................................................. 90-91
VII. 2. Program Evaluation........................................................................... 92-93
3. Teacher Education......................................................................................... 94
VII. 4. Statement of Regents Approval Regarding Articulation....................... 94
Chapter VIII – Business Policies............................................................................. 95-98
1. Cancellation/Inactive University Organization Accounts........................................................................................ 95
VIII. 2. Western New Mexico University Policy Statement Internal Audit.................................................................................. 95-96
VIII. 3. Museum Copyright Policy.................................................................. 97
VIII. 4. Payroll Deduction Resolution.............................................................. 98
INTRODUCTION
PURPOSE OF THE MANUAL
This MANUAL has been designed and developed to serve two main purposes: 1) as a guide for the Board of Regents in carrying out its constitutional responsibility for the control and management of the University, and 2) as a source of information for others concerning the basic policies of the University and procedures followed by the Board. Campus groups of administrators, faculty members, students, and staff who will continue to contribute materially to the development of these policies have a vital need for this information. The Commission on Higher Education, the Legislature, and the general public must also have convenient access to it.
CODIFICATION OF EXISTING POLICIES
This edition of the MANUAL is primarily a codification of existing policies and procedures approved by the Regents.
EFFECTIVE DATE
This MANUAL becomes effective on the date of its adoption by the WNMU Board of Regents.
SCOPE OF THE MANUAL
In general the policies and procedures of the Regents are listed and explained briefly in the main body of the MANUAL.
The REGENT’S POLICY MANUAL as adopted and as amended from time to time, is the basic document governing the University community. Power not expressly, or by necessary implication, delegated by this MANUAL is reserved to the Regents.
All the appendices are hereby expressly incorporated into this MANUAL, thereby having the same effect as though set out in the MANUAL in full.
MODIFICATIONS TO MANUAL
This MANUAL and the policies included may be modified by a majority vote of the Board of Regents at any of its meetings subject to the policy on formulation of policies. It is the intention of the Regents that proposed modifications will receive adequate publicity and discussion prior to their adoption. Any proposals for amendment originating within the University will first be submitted to the President and then to the Board of Regents, which will take final action after giving due consideration to the opinions of the Faculty Senate, the Staff Senate, and the Administration.
GLOSSARY
(These items are for the convenience of the reader and do not have the effect of policy.)
ACADEMIC DISCIPLINE A field of study, such as “history or physics.”
ACADEMIC FREEDOM Used in college and university circles to mean the right of a faculty to do research, teach, write, and speak, both on and off campus, free from institutional censorship or discipline. This freedom carries with it responsibilities correlative with rights.
ACADEMIC LOAD The official work-load responsibility of any faculty member, measured in units as defined later in this glossary. It may include classroom teaching, conducting seminars and laboratories, committee assignments, conducting scholarly activities to include sponsored and non-sponsored research, directing thesis, sponsored and unsponsored research, University sanctioned grants and contracts, advising students, supervising students placed in field experiences, or carrying out assigned administrative responsibilities.
ADMINISTRATION When capitalized, this word usually refers to those persons comprising the central administration of the University, including the President and Vice-Presidents. Occasionally, “Administration” may be used to include additional administrative officers such as the Human Resources Officer, the Registrar, and the Librarian.
ADVANCED DEGREE Any academic degree above the baccalaureate degree. For example, a master’s degree, a doctor of philosophy degree, or a doctor of education degree.
ADVISORY SEARCH COMMITTEE A committee appointed to assist in the search for and to help screen candidates for a faculty, staff, or administrative position to be filled. Such a committee provides input from which the final selection will be made. AFFIRMATIVE ACTION The process of employment which prohibits discrimination on the basis of race, color, religion, sex, national origin, sexual orientation, age, handicap or military involvement and which includes special efforts to improve the recruitment, employment, development, and promotional opportunities for women and members of minority groups.
ALUMNI ASSOCIATION The Western New Mexico University Alumni Association, an independent body.
AMERICAN ASSOCIATION OF STATE COLLEGES AND UNIVERSITIES (AASCU) An organization operated for educational, scientific, and literary purposes; specifically to (1) improve higher education within its member institutions through cooperative planning, through a more unified program of action among its members, and (2) provide other needed and worthwhile educational service to the state colleges and universities it represents. AUDITING INTERNAL AUDITING – A continuous process of examination and verification of accounts and procedures carried on internally at the University.
EXTERNAL AUDITING – An examination and verification of University books of account carried out annually by the state auditor, personnel of the state auditor’s office designated by him or her, or by independent auditors.
BOARD OF REGENTS The five-member body charged by the New Mexico Constitution with the management and control of the University. (This body sometimes referred to as the “The Regents” or “The Board”.)
CODE OF CONDUCT This code stipulates the kinds of conduct required of all University employees in matters involving business transactions, possible conflict of interest situations, and acceptance of gratuities.
COMMISSION ON HIGHER EDUCATION Commonly referred to as the CHE, this body was created to deal with problems of finance of the designated state institutions of higher learning.
COURSES Academic offerings in various fields of study usually described and measured in terms of semester hours of credit.
CURRICULUM Most commonly used to mean a group of courses leading to a certificate, diploma, or degree offered by an educational institution.
DEPARTMENT OF FINANCE AND ADMINISTRATION Often referred to as the DFA, this is a department in the executive branch of state government in New Mexico concerned with the expenditure of public monies.
FACULTY The academic body of the University made up of all persons holding faculty contracts.
FACULTY SENATE An elected representative body of the Faculty charged with carrying out certain responsibilities on behalf of the Faculty.
FREEDOM OF INQUIRY The freedom of a faculty, of a faculty member or student to investigate and report on any topic without censorship or penalty.
GRIEVANCE An official complaint by an employee or student that he or she has been adversely affected by a violation of the University’s policies and practices regarding terms and conditions of employment.
HONORARY DEGREE A highly prestigious recognition given by the University to carefully selected persons of distinction.
LEAVE OF ABSENCE A period of absence without pay of University employees from assigned duties, approved in accordance with leave policy.
OUTSIDE EMPLOYMENT Professional employment for compensation which is not disbursed by the University. (See Chapter IV)
OVERLOAD (COMPENSATION) Money paid by the University to its faculty over and above their contracted salaries in return for extra services rendered by them.
PRESIDENT When capitalized, the President of the University.
PROFESSIONAL TITLES Professor, Associate Professor, Assistant Professor, Instructor, full-time persons in these ranks, unless on temporary status, hold tenure or are on a tenure-track contract unless their contracts specifically state the contrary. A lecturer is a full-or part-time teacher whose appointment does not lead to tenure.
PROGRAM REVIEW The process of defining, collecting, and analyzing information about an existing program to arrive at a judgment about the continuation, modification, enhancement, or termination of the program.
PROMOTION IN ACADEMIC RANK The upward movement in academic rank and title by faculty members; for example, a promotion from the rank of Assistant Professor of English to Associate Professor of English.
PUBLIC SERVICE Service rendered with or without extra compensation by University employees to individuals, groups, or agencies outside the University.
QUORUM The number of members of a body required to be duly assembled in order for the body legally to transact its business. (At the University, such bodies would include among others the Board of Regents, the General Faculty, the Faculty Senate, the Staff Senate, the Student Senate, etc.)
THE REGENTS OF WESTERN New Mexico UNIVERSITY The corporate title of the University.
RESEARCH SPONSORED RESEARCH – Organized investigation in a field of study paid by a person or agency outside the University. (Research supported by the State or Federal Governments is included in this category of research.)
UNSPONSORED RESEARCH - Scholarly investigation in a field of study done by faculty members and/or students on their own time and at their own expense. Such research may or may not make use of University facilities and equipment.
SCHOLARSHIP, RESEARCH, AND CREATIVE ACTIVITIES The chief non-teaching activities of a faculty member, including writing on scholarly topics, carrying on scholarly investigation, and creating works of art.
SEMESTER An instructional period of approximately 16 weeks including a period of one week for examinations or other appropriate culminating activities, usually beginning in late August (Fall Semester) or mid-January. (Spring Semester).
SEMESTER HOUR The credit that is allowed for one 50-minute period per week throughout a semester or its equivalent in a lecture class. (A course listed for three hours of credit would meet for three periods per week throughout a semester, or, as in the case of summer sessions, a course that would require a comparable time/credit ratio.)
SOLICITATION OF EMPLOYEES As used in this MANUAL and its appendices this term includes electioneering of any kind, as well as the usual forms of soliciting.
SPECIAL MEETING OF THE BOARD OF REGENTS Any meeting of the Board other than “regular” meetings (which are scheduled in advance by decision at a regular meeting) or emergency meetings.
STAFF Those persons employed at the University holding positions other than teaching and who do not have faculty rank.
STAFF SENATE The elected representative body of the staff composed of 15 Senators who serve as a source of input for issues and decisions of the University as they relate to the general welfare and conditions of employment of the staff.
STUDENT SENATE The elected representative body of the student government of the University which transacts business on behalf of the student body.
STUDENT CREDIT HOURS Used in determining teaching loads of faculty members, student credit hours are determined by multiplying the number of semester hours of credit listed for a course by the number of students enrolled in a course. For example, a three-semester hour’s course in which 30 students are enrolled would produce 90 student-credit hours.
STUDENTS Persons enrolled in courses, seminars, or other academic programs offered by the University.
TEACHING A term used broadly to include preparing and giving lectures and demonstrations leading discussion, preparing and administering examinations, grading papers, advising students, assigning grades for student performance, and other duties directly related to the instruction of students.
TENURE (ACADEMIC) Academic status, which when awarded to full-time faculty member, assures the faculty member that he or she may be terminated from employment as a teacher at the University only for adequate cause, except under extraordinary circumstances due to demonstrably bonafide financial exigencies of the University. TERRITORIAL LEGISLATURE The Legislature of the Territory of New Mexico in existence before New Mexico was admitted as a state in 1912.
UNIVERSITY When capitalized, “the University” means Western New Mexico University, (also referred to as WNMU) including all its parts shown on the Organization Chart. When not capitalized, it refers to such institution generally.
WESTERN NEW MEXICO UNIVERSITY FOUNDATION A public, non-profit corporation chartered by the New Mexico State Corporation Commission and established for the sole purpose of providing financial support to the University.
General Policies and Principles
I.1. History of the University
In 1893, the far-thinking leaders of Silver City petitioned the Territorial Legislature of New Mexico to fund “An Act to Establish and Provide for the Maintenance and Governance of the Normal Schools of New Mexico.” Both Silver City and Las Vegas earned the right to establish Normal Schools to train rural school teachers. Governor L. Bradford Prince appointed a Board of Regents to manage the new school, and Regent John W. Fleming donated twenty acres on a high hill with a view north to what would become the Gila National Forest and east to the copper mining community of Santa Rita.
Classes began in September of 1894 in the Presbyterian Church while workmen laid the foundations for Old Main, which was to be the first of dozens of campus buildings. Originally selected as the second principal of the Normal School, Dr. Charles M. Light also became the first college president. Miss IsabelleEckles moved to Silver City in 1888 because her father was in town “chasing the cure” for tuberculosis. She became the first graduate of Grant County, which at that time included Grant and Hidalgo Counties and part of Luna County. Miss Eckles instituted essential reforms in education and continued those reforms as State Superintendent of Education for two terms. Other Western New Mexico University graduates have gone on to excel in business, education, science, mining, ranching and government.
In the early 1900’s the Normal School continued to expand with the addition of new buildings including Ritch Hall (the women’s dormitory) in 1906, and Fleming Hall, now the University Museum, in 1917--the same year that telephones were installed on campus. In 1923, the name of the school became New Mexico State Teachers College and five years later Light Hall was completed as an auditorium, library, and classroom facility. In 1928, the men’s dorm at Bowden Hall was finished and plans were begun to create a new high school at the east edge of the campus. With returning veterans after World War II and an increase in enrollment, the college grew and its name changed to New Mexico Western College in 1949.
Campus expansion included new dormitory space, a new library, and housing units for married couples. In 1963, the name of the institution changed for the final time to Western New Mexico University, and three years later the Fine Arts Complex was completed to house music, art and drama departments. In 1967, students began the annual Great Race, pushing college co-eds in hand-built cars quickly around the campus and through deep water traps. Laboratory and office space increased in 1971 on the north edge of campus with completion of the two-story Felix Martinez and Phelps Dodge Buildings. In 1982 a major landscaping project enhanced the campus appearance.
A handicapped accessible dormitory has been completed on the site of the old Teacher Training High School, and students fortunate enough to earn a room there will have a stunning view to the east of the Kneeling Nun, a local landmark. Computer services, computer labs, and on-line data retrieval and internet access at Miller Library allow rapid information access on campus, and recently historic buildings have been repainted and listed on the National Register of Historic Sites. In September, 1894, the Normal School in Silver City had two faculty and forty students. In September, 1998 Western New Mexico University’s enrollment of 2,254 students was taught by ninety-two faculty. The campus has grown to thirty buildings on eighty acres. With over 4,000 active alumni in nearly all fifty states and in foreign countries, Western New Mexico University continues to build upon its reputation for quality education in a stunning southwestern mountain environment along the Continental Divide.
I.2. Mission Statement (Revision Approved March 1, 1996; May 13, 1999, December 12, 2008)
Western New Mexico University (WNMU) serves the multi-cultural populations of New Mexico, other states and other nations as a comprehensive university with an additional community college role. While research and public service are important undertakings of the institution, teaching and learning are preeminent at WNMU. We are a University that believes in the promise of every student, and together we work to create an educational community of diverse backgrounds, perspectives and talents that instills the values and develops the knowledge and skills necessary to prepare our students for the challenges of a changing world.
I.3. Review and Approval of the Mission
This manual contains a more detailed statement of the mission and goals of the University, all of which are hereby incorporated by reference and made a part of this manual as set out in full herein.
Annual review and approval of the developing and changing mission and goals contained herein is an important role of the Board of Regents in shaping the master planning for the future of the University and shall take place no later than the third quarter of each calendar year.
I.4. Role of the Regents
The legal basis for the ultimate authority of the WNMU Board of Regents in carrying out the objectives stated above is quite clearly expressed in the New Mexico State Constitution. Certain statutes on higher education enacted by the Legislature over the years stipulate that additional responsibility and accountability for control and management of each “state educational institution” in New Mexico is vested in a board of regents for that institution. Legal opinions about this “control management” charge, however, support the customary practice of regents nationwide to delegate certain powers to certain individuals and groups at the institution in order to facilitate operation and to ensure a sound basis for certain decisions, particularly those in the academic area.
At Western New Mexico University, a sensitive and generally successful balance between Regents’ control and the delegation of certain responsibilities to other groups within the University — particularly the faculty — has been a recognized goal for several decades. Such a situation has been quite advantageous to all concerned; and the Board intends that this MANUAL shall further strengthen this relationship and cooperation by clarifying not only its own duties, responsibilities, and powers but also those of the Administration, Faculty, Student Body, and Staff at the University, in order that the mutually held objectives of teaching, research, and public services will in the future be carried out even more successfully.
I.6. Commitment to General Principles
The Board holds that the following principles are fundamental to the functioning of a university in a free society and that they are fully applicable to Western New Mexico University.
1. The purposes of the University are to improve the quality of life and enhance the dignity of humankind. The means used to achieve these purposes are teaching/learning, research, and public service. The Regents and the vast majority of the students, faculty, staff, alumni, and citizens share the same goals for the University — that it be an exciting and progressive center of education, free from any influence which might deter effective teaching and learning or deter an unfettered search for the truth.
2. Freedom of inquiry and freedom of expression are indispensable elements of a great university. The freedom to express dissent by lawful means, including peaceable assembly and the right of petition, is as important on a university campus as elsewhere in our society. The Regents have protected and defended and will continue to protect and defend the academic freedom of all members to dissent, however, it must not interfere with the right of others or with the educational process.
3. Broad avenues of communication are essential to the orderly functioning of the University. The Regents invite advice and suggestions about how this institution might carry out its mission more effectively. This invitation is extended to individuals and groups, both on and off campus.
4. In order to assure its autonomy and integrity, the University shall not be an instrument of partisan political action. Expression of political opinions and viewpoints will be those of the individual and not of the University.
5. All members of the faculty, whether tenured or not, are entitled to academic freedom. Academic Freedom: (Quotes from the 1940 Statement of Principles on Academic Freedom and Tenure With 1970 Interpretive Comments, as developed by representatives of the American Association of University Professors and the Association of Colleges during 1969. The governing bodies of the associations adopted several changes in language in order to remove gender-specific references from the original text.)
(a) Teachers are entitled to full freedom in research and in the publication of the results, subject to the adequate performance of their other academic duties; but research for pecuniary return should be based upon an understanding with the authorities of the institution.
(b) Teachers are entitled to freedom in the classroom in discussing their subject, but they should be careful not to introduce into their teaching controversial matter which has no relation to their subject.”
I College and university teachers are citizens, members of a learned profession, and officers of an educational institution. When they speak or write as citizens, they should be free from institutional censorship or discipline, but their special position in the community imposes special obligations. As people of learning and educational officers, they should remember that the public may judge their profession and their institution by their utterances. Hence they should at all times be accurate, should exercise appropriate restraint, should show respect for the opinions of others, and should make every effort to indicate that they are not speaking for the institution.
6. Universities traditionally have been sanctuaries for diversity of thought, free exchange of ideas, and the search for truth. The Regents fully support the application of this principle at this University, though recognizing that rights carry with them corresponding responsibilities. The Regents also emphasize that this campus will not be a sanctuary for those who use unlawful or violent means to pursue their aims.
General Policies
I.7. Code of Conduct
1. Business Ethics. Employees of the University shall maintain the highest standards of business ethics in transactions with the University, the State, Federal, and local governments, and with the public.
2. Outside Activities. Employees of the University are expected to perform their duties faithfully and efficiently and never to give rise to suspicion of improper conflict with interests of the University.
3. Gratuities. Employees of the University shall not accept any favor or gratuity from any person, firm, or corporation which is engaged in or attempting to engage in business transactions with the University which might affect or be suspected of affecting the employees’ judgment in the impartial performance of their duties.
I.8. CONDUCT LEADING TO DISCIPLINARY ACTION
One of the important aspects of academic due process is a clear statement of the kinds of conduct that will lead to University disciplinary action. It is deemed important, therefore, to clarify the type of conduct which shall be considered to affect adversely the University’s educational function, to disrupt community living on campus, or to interfere with the right of others to the pursuit of their education or to conduct the University duties and responsibilities. In an effort to accomplish this, but without intending the statement to be all-inclusive, the following is hereby set forth: a. Any member of the University community -- student or member of the faculty or staff -- who commits or attempts to commit any of the following acts of misconduct shall be subject to appropriate disciplinary procedures and sanctions: i. Obstruction or disruption, by any means, of teaching, research, administration, disciplinary procedures, or other University or University- authorized functions, events, or activities.
ii. Unauthorized or prohibited entry into or onto, or unauthorized or prohibited occupation or use of, any University facility, building, vehicle, or other University property.
iii. Physical abuse, the threat of physical abuse, or intimidation of any person on campus or at any University-authorized function or event, or other conduct which threatens or endangers the health, freedom of action, or safety of any such person.
iv. Theft of, damage to, or defacement of property of University or the property of any person on campus.
v. Denial of, or interference with any person’s lawful right of access to, use of, or exit from any University facility or with any other lawful right of any person on campus.
vi. The destruction of, or damage to, property of the University or of others on campus by setting fire.
vii. Use or possession on the campus of firearms, ammunition, or other dangerous weapons, substances, or materials, or of bombs, explosives, or incendiary devices, except as authorized.
viii. Forgery or alteration or destruction of University falsified information document submitted to the University or making intentionally false accusations against any member of the University by filing a complaint or charges under these rules.
ix. The repeated use of obscene or abusive language in a classroom or public meeting where such language is beyond the bounds of generally accepted good taste and which, if in a class, is not significantly related to the teaching of the subject; the use of obscene or abusive language against another member of the University, faculty, staff, or students. x. Disorderly, lewd, or indecent conduct occurring on campus or at a University-recognized or
University-sponsored activity off campus.
xi. Aid to others in committing or inciting others to commit any act of misconduct set forth in 8.a.(i) through 8.a.(x).
xii. Any act that demonstrates the probability that the person constitutes a physical danger to himself or herself or others on campus.
xiii. Willfully refusing or failing to leave the property of, or any building or other facility owned, operated, or controlled by the Board of Regents upon being requested to do so by the President, if the person is committing, threatening to commit, or inciting others to commit, any act which would disrupt, impair, interfere with or obstruct the lawful mission, processes, procedures, or functions of the University. As used herein, “President” means the President (or acting President) of the University or any person or persons designated by him/her to act on his/her behalf.
xiv. Consumption of alcoholic beverages on campus except as specifically authorized as outlined in policy.
xv. Any other acts or omissions which affect adversely the University’s public image, its educational function, disrupt community living on campus, interfere with the rights of others to the pursuit of their education, or affect adversely the processes of the University. b. Sanctions i. Any student who violates any of the rules set forth in 8.a.(i) through 8.a.(xv) shall be subject to censure, warning, disciplinary probation, suspension, or expulsion, as well as full restitution, if applicable.
ii. Any member of the faculty or staff who violates any of the rules set forth in 8.a.(i) through 8.a.(xv) shall be subject to censure, warning, disciplinary probation, or dismissal, as well as full restitution, if applicable.
iii. As used in 8.b.(i) and (ii). a. “Warning” means a notice, oral or written, that continuation or repetition, within a stated reasonable period of time, of conduct found to be wrong doing may be cause for more severe disciplinary action. b. “Censure” means a written reprimand for violation of a specific regulation, including the possibility of a more severe disciplinary action in the event a conviction for a later violation of a University regulation committee within a stated reasonable period of time.
c. “Restitution” means the requirement to reimburse the legal owner for loss due to defacement, damage, or misappropriation of property. Reimbursement shall be to the full extent of the loss incurred.
d. “Disciplinary Probation” means that individuals violating the aforementioned regulations may be placed on probation for a period not exceeding one (1) year. The person placed on probation shall be notified in writing that repetition of the act or other acts prohibited by these regulations will lead to more severe sanction. The official transcript of a student shall be marked “Disciplinary Probation” for the period of probation and any “exclusions” noted. The parents will be notified of the action for students under majority age. For faculty violations, a notice of probation will be placed in the faculty member’s personnel file.
e. “Suspension” means exclusion of a student for a definite period of time from attending classes and participating in other University activities as set forth in a notice to the student. The official transcript of the student shall be marked “Disciplinary Suspension, effective to ,” and parents of students under majority age will be notified of the action.
A student who is not currently enrolled at the University and was not registered during the previous semester or graduated at the end of the previous semester may request that the notation of “Disciplinary Suspension” be removed from a permanent record when two (2) years have elapsed since the expiration of the student’s suspension. Such request must be submitted in writing to the President. If the request is not granted, the student may submit another request after one (1) year.
f. “Expulsion” means a termination of student status for an indefinite period of time. Permission of the President shall be required for readmission. The official transcript of the student shall be marked, “Disciplinary Expulsion effective to” and parents will be notified of the action for students under majority age.
g. “Dismissal” means termination of employment for cause, either for a stated time period or indefinitely.
c. If any of the acts of misconduct set forth in 8.a.(i) through 8.a.(xv) are committed by a person who is not a student or member of the faculty or staff, such persons may be denied admission, readmission, or employment by the University.
d. Appeals: Any appeals from any sanction imposed shall follow the same channels and procedures as established for other grievances.
I.9. STATE OF EMERGENCY:
As noted above, the Regents and the vast majority of students, faculty staff, alumni, and citizens share the same goal for the University -- that it be a stable and peaceful center of teaching, research, discussion, learning, and service, free from coercion and unlawful use of force. In situations where the stability and peace of the institution are threatened, extraordinary measures are required. The Regents are determined to use all lawful means to assure the continuity and the integrity of the educational process at the University. As part of this effort, we adopt the following as an interim measure pending further study and adoption of permanent policy: a. As used in this Policy:
“President” means the President (or acting President) of the University or any person or persons designated to act on his/her behalf for purposes of these rules.
“Official” means any person authorized by the President to act on behalf of the University.
“Student” means a person who is a student at the University in an undergraduate, graduate, or professional program on campus, whether for credit or noncredit, full- or part-time.
“Visitor” means any person on campus who is not a student or member of the faculty or staff.
“Person” means any student, member of the faculty, staff or visitor.
b. The President is authorized to declare a State of Emergency at the University upon finding that the orderly processes of the University are seriously threatened. In making such a finding, the President shall consider whether disruptive activities are such as to require immediate, extraordinary measures to safeguard persons or property or to maintain the University’s educational function. As soon as reasonably possible after the Declaration of Emergency, the President shall inform available Regents of his/her action. The Regents shall have a plan to inform all board members of such action. When the President determines that the serious threat has passed, he/she shall, after consultation with available regents, declare the State of Emergency to be at an end.
c. (1) During a State of Emergency, the President, in the exercise of reasonable judgment in the circumstances, is authorized to take whatever actions he/she finds necessary in order to safeguard persons or property or to maintain the University’s educational function. Such actions shall remain in effect during the State of Emergency unless sooner canceled by the President. During a State of Emergency, the President may, if in his/her judgment the circumstances warrant it, suspend University activities for a day or a portion thereof.
(2) During a State of Emergency, the violation by any person of a presidential order or ruling under 9.c.(1) of this Policy, or the commission during such State of Emergency of any act or acts of misconduct of the kind set forth in section 8.a.(i) through 8.a.(xv) of the Regents’ Policy on Conduct Leading to Disciplinary Action will be considered an offense of the gravest nature and sanction (as listed in Section 6 of the Statement on Rights and Responsibilities) appropriate to the gravity of such offense or offenses shall be imposed.
(3) A visitor who, after appropriate hearing, is found to have violated a presidential order authorized by Section 9.c. of this Policy may be denied admission to and employment by the University.
d. During a State of Emergency, any person who, after being requested to do so by a properly identified official and after being advised by such official of the sanction for failure to identify oneself, fails to identify himself/herself by name and status as a student, member of the faculty or staff, or visitor to such official shall have imposed upon him/her, after appropriate hearing, the appropriate sanctions set forth in Section 8 of the Policy on Conduct Leading to Disciplinary Action.
I.10. DRUG FREE WORK PLACE POLICY (Adopted May 12, 1989; Revised 1999; May 10, 2001)
The Board of Regents of Western New Mexico University adopts this policy to implement the Drug Free Workplace Act of 1988, P. L. 100-690, 102 STAT, 4304 (1988) and the regulations promulgated pursuant thereto, 54 Fed. Reg.4945(1989).
The unlawful manufacture, distribution, dispensation, possession, or use of a controlled substance is prohibited on the premises of Western New Mexico University, including but not limited to its campuses, grounds, facilities, vehicles, or at any activity held on University premises. If any employee of the University violates this policy, that individual will be immediately referred to the Director of Human Resources.
DEFINITION:
Western New Mexico University, hereafter referred to as “the University,” means the University campus, its off-campus center, and its associated activities. Employee is any person hired by Western New Mexico University to work for wages or salary, including student employees.
Director of Human Resources will mean the Director of Human Resources of Western New Mexico University or his/her authorized representative.
RESPONSIBILITY:
The President of the University is responsible for the administration of the Drug-Free Workplace policy and program. The Director of Human Resources is designated by the President to administer this program for employees. The Director of Contracts and Grants is designated by the President to certify this program for University grants and contracts.
The President’s Executive Council is designated by the President to oversee the development and implementation of the Drug-Free Workplace policy and program. The Director of Human Resources and the Director of Contracts and Grants are delegated to assist the Council in this process.
PROGRAMS:
The University establishes the following Drug-Free Workplace program. 1. The purpose of the program is to inform the University’s employees about:
a. the dangers of drug abuse at the University as a workplace;
b. the Board or Regents’ policy for maintaining a drug-free University environment;
c. the information on available drug counseling, rehabilitation, or employee assistance programs;
d. the appropriate disciplinary action and penalties that may be imposed for a drug abuse violation.
2. The program requires the Director of Human Resources to provide each employee with a copy of the policy.
3. The program requires each employee, as a condition of employment to:
a. abide by the Board of Regents’ Drug-Free Workplace Policy;
b. notify the Director of Human Resources of any criminal drug statute conviction for a violation occurring on the University premises no later than five days after conviction;
c. sign a certification of awareness of the University Drug-Free Workplace policy and program.
4. The program requires the Director of Contracts and Grants to:
a. sign a certification of the University Drug-Free Workplace policy and program for all grant and contract proposals and agreements;
b. notify the appropriate federal contracting agency within ten days after receiving notice from an employee of a conviction of any criminal drug statute or of receiving annual notice of the conviction.
5. The Program requires the Director of Human Resources to take one of the following actions after receiving notice of any criminal drug statute conviction:
a. appropriate disciplinary action according to established personnel policy and procedure up to and including dismissal; and/or
b. requiring the employee to participate in an approved drug-abuse assistance or rehabilitation program.
6. The program requires the University to make a good faith effort to continue to maintain a drug-free workplace through implementation of this policy and program.
7. Independent contractors, when engaged in work for the University where its employees perform work on property owned by the University will abide by this policy. To enforce this policy the following statement will be added to University contracts with independent contractors who have employees working on campus: “Contractor agrees that as to Contractor’s employees that work on University property, Contractor will abide by the University’s Drug Free Work Place policy found in the University’s Regents’ Policy Manual.”
1.11. RELEASE OF PERSONNEL INFORMATION (Adopted October 21, 1988; Revised 1999) It shall be the policy of the Board of Regents and Administration of Western New Mexico University (WNMU) to protect that privacy of current, former and prospective employees to the extent permitted by law. Accordingly, all personnel information retained by WNMU shall be considered confidential unless the Inspection of Public Records Act, NMSA 14-2-1 et seq., requires otherwise.
Confidential personnel information will not be released without the affected person’s written consent, unless an administrator who is responsible for maintaining the relevant records determines that exceptional circumstances justify such action. Other personnel information will be made available pursuant to the Inspection of Public Records Act, as interpreted by the New Mexico courts.
The types of personnel information that may be treated as confidential include, but are not limited to the following:
1. letters of reference concerning employment, licensing or permits; 2. letters or memoranda which are matters of opinion in personnel files, including documents concerning infractions and disciplinary actions, performance evaluations and related materials, opinions as to whether a person should be rehired or reasons why an applicant was not hired, and any other material expressing an opinion as to a current or former employee or an applicant for employment;
3. medical and related information pertaining to illness, injury, disability to perform a job task, or sick leave;
4. names or other identifying information of applicants for positions with WNMU, until and unless a candidate is selected for the position;
5. other types of personal information such as military discharge or arrest records, (a) which is solicited by WNMU; (b) which is considered vital to the employment procedure; (c) which was furnished after a promise to keep the information confidential, and (d) for which disclosure would not appear to serve any identifiable public interest.
WNMU will treat these types of information as confidential to protect the privacy of current, former and prospective employees and to encourage qualified persons to apply for positions with assurance that the mere fact of their application for another job needs to become public information.
WNMU shall be entitled to ask persons seeking disclosure of personnel records to provide reasonable justification for such disclosure.
I.12. CENTRAL FILE OF PUBLICATIONS AND POLICY STATEMENT (Revised May 2001)
In order that publications and policy statements developed and issued, from time to time, by various WNMU colleges and other entities within the University may be easily accessible to all persons wishing to see them, a central file of all such documents currently in force is to be set up in the office of the President of the University. The chief administrators for the units referred to are responsible for sending to the President’s office copies of publications and policy-type statements developed and currently being used in their respective areas. They are also responsible for notifying the President concerning any outdated material previously submitted.
Categories of Documents to be in Central File
a. Requirements for admission of students to:
1. the several undergraduate departments;
2. department (“major”) programs of study;
3. graduate studies in the several academic fields;
4. Continuing Education courses. b. Policy Statements related to recruiting, research instructional and administrative programs and services currently used by various educational and administrative units of the University, including eligibility policy rules for athletic programs.
1. Policies related to recruiting, research, instructional and administrative programs and services currently used by various educational and administrative units of the University, including eligibility policy rules for athletic programs. 2. The Board of Regents Manual shall be published on the WNMU Web site.
3. The Faculty Handbook shall be published on the WNMU web site.
4. The Staff Handbook shall be published on the WNMU web site.
5. The Student Handbook shall be published on the WNMU web site.
c. Publications, including catalogs, bulletins, newsletters, and flyers currently in use by various units within the University.
Purpose for Having a Central File
The major purpose for having and maintaining current materials in a central file is to make readily available this kind of information to all who seek it — not only WNMU Regents and other members of the University community, but also the media and the general public.
Advance approval of such documents by the Board of Regents is not required, provided they are not in conflict with general University policies.
I. 13. WESTERN NEW MEXICO UNIVERSITY ACQUIRED IMMUNE DEFICIENCY SYNDROME POLICY (Adopted July 10, 1992; Revised May 10, 2001)
The purpose of this policy is to establish procedures to be followed in the event a student, employee, or other school contact is infected with the HIV virus or has been diagnosed by a physician as being infected with the HIV virus.
Goals
1. Maintain and protect all rights and privacy of persons infected with the HIV virus or related illnesses.
2. Continue to observe non-discriminatory guidelines for all areas of campus life whether social, academic or cultural.
3. Create a comprehensive educational program for students, staff or faculty who may come in contact with hazardous materials.
4. Increase awareness and provide education to prevent further spread of the disease within the University community.
Admissions Policy
1. The University does not, by state law, require students, faculty or staff to reveal infection with the HIV virus or other illness as a prerequisite to admission.
2. Any person infected with the HIV virus will have the same rights as any other person on the campus and will have use of all service, facilities and activities.
3. If students or employees volunteer disclosure of infection with the HIV virus, each case will be responded to individually based on the facts in that case.
4. Routine testing or screening for HIV of students/employees is not required.
5. Decisions about residential housing of students, faculty or staff infected with the HIV virus will be made on a case-by-case basis.
Medical Procedures
1. The Center for Disease Control (CDC) Guidelines for prevention of the spread of the HIV infection will be adopted by the University. Explanation and application of the guidelines will be communicated through workshops.
2. It is the responsibility of individuals who know they have HIV infection to take appropriate precautions to protect their own health and that of others. Individuals seeking assistance on campus should contact the Vice President for Student Affairs or Director of Housing.
3. AIDS Committee members should be familiar with sources for HIV testing for students requesting such services.
4. Protection of confidential medical information will be superseded only by the necessity to protect others in very specific threatening circumstances.
Educational Program
1. Educational programs will be provided for students, faculty and staff who may come in contact with hazardous materials.
2. Educational programs will focus on: the need to protect the public from AIDS and its spread; prevention of discrimination against high risk groups.
3. Educational workshops will include information about the Universal Precautions set out by the Center for Disease Control. The in-service training will include the Generic Universal Guidelines for handling body fluids and hazardous materials, including the disposal of needles, slides, gloves and other materials used in labs, custodial service and nurseries.
4. The University community will be educated about behavior changes needed with regard to drug addiction and sexual practices to prevent the spread of HIV infection. 5. Educational seminars will also emphasize that HIV is a deadly virus that is relatively hard to contract and requires intimate contact and the exchange of body fluids with an infected person.
6. Although disclosure is not required of persons infected with the HIV virus, information that is voluntarily disclosed will be held strictly confidential
WESTERN NEW MEXICO UNIVERSITY CENTER FOR DISEASE CONTROL UNIVERSAL PRECAUTIONS
To prevent exposure to blood borne infection, the Center for Disease (CDC) recommends the use of Universal Precautions. These precautions are to be used to reduce the chanceof acquiring blood-borne infection from exposure to contagious fluids. These precautions will protect against all blood-borne infections.
Precautions apply to:
1. blood 2. body cavity fluids 3. moist body substances (stool, sputum, urine, mucus membranes, vomitus) 4. semen 5. vaginal secretions
General Guidelines
1. Decontamination a. Employees must decontaminate working surfaces and equipment with an appropriate disinfectant after completing procedures involving exposure to blood or body fluids. b. Employees must also clean: 1. when surfaces become obviously contaminated, 2. after any spill of blood or other potentially infectious materials 3. at the end of the shift if contamination may have occurred. c. If the employee is cleaning up broken glass, forceps or other mechanical means to sweep up the glass must be used. Broken glass, should not be picked up with the hands even if they are gloved.
2. Regulated Waste a. Includes blood in any form or other potentially contaminated fluids. b. Containers used to store regulated waste must be closeable and suitable to contain the contents in a way which prevents leakage of fluids. c. Containers must be labeled or color coded to make employees aware of the potential hazard.
1. biohazard legend is typically used, 2. red bags or container may be substituted for labels, 3. labels must be affixed to container of regulated waste, refrigerators or freezers which hold blood or other infectious materials, and containers used to ship and transport.
3. Sharps a. Prevent injuries with contaminated sharps; DO NOT recap needles if at all possible. If recapping is required, DO NOT use two hands to recap; DO NOT break needles. b. Dispose of used sharps immediately in a puncture resistant, leak proof container. Containers must be maintained in an upright position. c. Seal with a tight-fitting lids and dispose of sharps containers when they are two-thirds full. d. Sharps containers should be easily accessible in areas where sharps are commonly used. e. The risk appears greater with hollow bore needles and with solid needles. f. Wearing gloves, particularly double gloves reduces the amount of blood exposure even when the needle punctures the skin and should theoretically reduce the transmission risk.
4. Personal Protective Equipment (PPE) a. Employers must provide appropriate and suitable PPE and clothing free of charge to employees. They must also launder protective clothing and keep in good repair. b. Employers must ensure that workers wear/use PPE and clothing. c. Gear must be readily accessible and available in appropriate sizes for employees. d. The employer must provide hypo-allergenic gloves to employees who need them. e. Equipment: 1. GLOVES - Must be worn if hand contact with blood or potentially infectious materials or contaminated surfaces is expected. **change gloves between contact and wash hands after removing **do not wash or reuse single-use gloves **watch for new developments: Kevlar gloves and nonoxynol-impregnated cotton gloves to be “sandwiched” between latex gloves. 2. EYE PROTECTION - Goggles, or glasses with solid side shields, or face shields should be worn if there is a chance of body fluid splattering into the eyes. 3. MOUTH PROTECTION - Masks should be worn if there is a chance of aerosolized blood being introduced into the air or if there is a chance of blood splattering into the face. 4. MORE EXTENSIVE COVERINGS **gowns should be worn if there is a chance of body fluids splattering on clothes. **latex boots and waterproof gowns are recommended during procedures when gown or shoes may be contaminated.
HANDWASHING is still the MOST important means of infection control. a. Wash hands and skin surface immediately if contamination with a body fluid occurs. b. Handwashing becomes especially important when wearing gloves, since glove wearing creates an environment in which organisms can multiply rapidly on skin surfaces. Hands should be washed whenever gloves are removed.
c. Refrain from eating, drinking, smoking applying cosmetics and handling contact lenses in areas where exposure to blood or other potentially infectious fluids is possible. d. Flush eyes with water as soon as possible after eye exposure to blood or other potentially infectious fluid.
REMEMBER: As an employee of WNMU, you have the right and the responsibility to protect yourself from work-related infection. You have the right to be concerned about yourself and to consider your health as well as the health of others around you. I.14. (Adopted April 2, 1993) Policy for Employee Exposure to Hepatitis B or HIV
1.0 Policy
1.1 All employees will follow the recommendation of Universal Precautions when coming into contact with blood or body fluids. WNMU will provide testing, and appropriate follow-up testing, and appropriate follow-up testing for employees who have an on-the-job exposure to Hepatitis B and/or HIV.
2.0 Procedure 2.1 The employee should report an exposure to their supervisor immediately. The Human Resources Office will assist the employee to complete and submit an EMPLOYEE ACCIDENT REPORT. If the source person can be determined and permission obtained, collection of and testing of the source person’s blood to determine the presence of HIV or HBV infection will be done.
2.2 The employee who has been exposed at work will be referred for follow-up and blood testing to a licensed consulting physician. All laboratory tests will be conducted by an accredited laboratory.
Follow-up must include a confidential medical evaluation documenting the circumstance of the exposure, identifying and testing the source individual (if feasible and testing the exposed employee’s blood if he/she consents, post-exposure prophylaxis, counseling and evaluation of reported illness.
All laboratory tests must be provided for at no cost to the employee. For each evaluation by a physician, WNMU shall provide the employee with a copy of the evaluating physician’s written opinion within 15 working days of the completion of the evaluation. The written opinion shall be limited to the following information:
a. The physician’s recommendation of the employee’s ability to receive HBV vaccination.
b. A statement that the employee has been informed of the resulting medical evaluation and that the employee has been evaluated for any medical conditions resulting from exposure to blood or other potentially infectious materials which require further evaluation. c. Specific findings or diagnosis which are related to employee’s ability to receive HBV vaccination. Any other finding or diagnosis shall remain confidential.
Employers must provide the physician with the following information: a. a copy of the OSHA standards.
b. a description of the exposed employee’s duties as they relate to the exposure incident. c. documentation of the route of exposure and circumstances under which exposure occurred.
d. results of the source individual’s blood testing, if available.
e. all medical records relevant to the appropriate treatment of the employee including vaccination status, which are the employers’ responsibility to maintain.
1.3 If the employee agrees to be tested, tests will be done immediately to provide a baseline, at six weeks, six months, and one year. This is necessary because the test checks for antibodies which form in response to an infection. In some people, it takes up to six months to form enough anti-body for HIV to be detected by the test. If an employee does not wish to be tested for HIV, he or she may opt to have blood drawn and held for up to 90 days. Should the employee decide that there is a need to establish a baseline HIV status, the stored blood sample may be used.
1.4 If the exposure was from blood that is known to be infected with HBV, the employee will be offered a Gamma Globulin injection within 24 hours of the incident as ordered by the employee’s physician of choice.
1.5 Employees who work in high risk area (reasonably anticipated to come into contact with blood or body fluids) are encouraged to receive the series of hepatitis B vaccine at no cost to them within ten working days of assignment. HBV anti-body testing shall be made available to an employee who desires such testing prior to deciding whether or not to receive HBV vaccination. If an employee initially declines HBV vaccination, but at a later date while still covered under the standard decides to accept the vaccine, WNMU shall provide the vaccine at the time. Should a booster dose be recommended at a future date, it will be provided. Employees must sign a declination form if they choose not to be vaccinated.
1.6 Employees who test positive for HIV following an on-the-job exposure, other than the baseline result, will be referred to Human Resources for Workman’s Compensation processing.
1.7 Proper documentation will assist the employee to make future Worker’s Compensation claims. Worker’s Compensation only covers employees who are unable to work due to occupationally related injury or disease. Since problems may not develop until years after an exposure, it is prudent to have the proper documentation, blood work, and follow-up care.
1.8 Employee health records are confidential. HIV and/or HBV status must not be reported to the employer or Workman’s Compensation without permission of the employee. 1. Medical Records
a. The employer shall establish and maintain an accurate record for each employee.
b. The medical record shall include:
1) The name and social security number of the employee.
2) A copy of the employee’s Hepatitis B vaccination records and records relative to the employee’s ability to receive the vaccination.
3) The circumstances of an exposure incident.
4) A copy of all medical evaluation, testing, and follow-up as they relate to the employee ability to receive the Hepatitis B vaccination.
5) The employer’s copy of the physician opinion. 6) A copy of information provided to the health-care provider.
7) A copy of OSHA standards that was sent to the health-care professional.
c. The employer shall keep all medical records confidential in a separate file with limited access. Information about the source person’s medical information must also be kept confidential.
d. Medical records must be made available to the employee or anyone with written consent of the employee or OSHA.
Employers are required to maintain an employee’s health records for thirty years after the individual terminates employment at the institution.
I.15. Building Architectural Style Policy (Adopted October 29, 1992)
All remodeling and new construction shall emphasize the development and implementation of a unifying theme based upon the historical design and coloration of the southwestern version of the “California Mission Revival Style” of architecture exemplified by Graham Gym.
I.16. Affirmative Action Policy (Approved August 12, 1996; Revised 1999)
The Regents of Western New Mexico University pledge full support and commitment to equal employment opportunity in recruiting, hiring, training, and promoting without regard to race, color, religion, sex, age, sexual orientation, national origin or ancestry, disability, medical condition and
disabled veteran or Vietnam era veterans, except when one of these criteria is a bona fide qualification for employment. The University will make every effort to provide reasonable accommodations to otherwise qualified disabled employees and/or applicants as are necessary to enable him or her to perform the essential functions of the job in question and which does not impose an undue hardship on the University.
The University will abide by the provisions of Title VII of the U.S. Civil Rights Act of 1964, and the New Mexico Human Rights Act, and is committed to non-discrimination based on race, color, religion, sex, age, sexual orientation, national origin or ancestry, disability, medical condition, and disabled veteran or Vietnam era veterans. The University will implement its commitment as specified in this plan, by seeking to recruit and hire qualified minority or female applicants for professional, staff, and faculty positions, so long as the hiring decision is made on the basis of the best qualified applicant.
The University will make reasonable accommodation to the religious practices and observances of all its employees. Such accommodations will include provisions to allow individuals to participate in regularly observed religious holidays which may conflict with their normal work schedules as long as such accommodation does not interfere with or disrupt Western New Mexico University programs or operations.
Western New Mexico University will not discriminate against employees or applicants for employment based on age, as required by the Federal Age Discrimination in Employment Act, and the New Mexico Human Rights Act.
The University will not tolerate conduct which results in discriminatory treatment of any employee because of race, color, religion, sex, age, sexual orientation, national origin or ancestry, disability, medical condition, and disabled veteran or Vietnam era veterans, or retaliation against employees who exercise their rights under the affirmative action plan or laws upon which it is based. All University personnel should be aware that such conduct may result in disciplinary action. The University urges those who believe they are victims of such conduct to pursue the matter via affirmative action grievance procedures.
In accordance with the provisions of Title VII of the U.S. Civil Rights Act of 1964, the University will recruit employees of both sexes for all jobs.
The University will make no distinction based upon gender in employment and applicants will have an equal opportunity to any available job for which he or she is qualified to perform, so long as gender does not constitute a bona fide occupational qualification.
The University has appointed an Officer for Affirmative Action and Equal Employment Opportunity Programs. The AA/EEO Officer will report directly to the President of the University on AA/EEO matters and will be responsible for monitoring and reviewing the personnel actions and procedures to ensure that the Affirmative Action Programs and Equal Employment Opportunity policies and objectives are followed.
All employees at Western New Mexico University are encouraged to submit complaints, inquiries, or grievances to the Affirmative Action Officer. All such discussions shall remain confidential to the extent authorized by law.
I.17. Use of Advisory Search Committees
It is customary and generally expected, under the affirmative action policy for advisory search committees to be appointed to assist in identifying and attracting the most promising candidates for most administrative positions to be filled.
After giving serious consideration to recommendations from search committees and administrative colleagues, but not being restricted to such recommendations, the President of the University or persons designated by the President are responsible for naming the persons to fill administrative and staff positions.
I.18. POLICY ON RACISM (Approved in Student HB 1/26/96; Revised 1999)
In keeping with the purposes of WNMU, it is the policy of Western New Mexico University not to discriminate on the basis of race, color, religion, ancestry, national origin, sex, age, sexual orientation, mental or physical handicap in its educational programs, activities or employment policies.
Western New Mexico University encourages cultural diversity and respect for differences as a fundamental role of higher education and therefore, does not tolerate the subordination of a person or group based on race, color, creed, disability, marital status, national origin, sex or sexual orientation.
The University will take strong and effective steps to achieve a diverse learning environment and workplace respectful of differences. Clear, fair, and effective policies will be formulated and communicated to all members of the campus community, and will respond promptly and consistently to complaints about any acts that violate these policies.
I.19. SEXUAL HARASSMENT POLICY STATEMENT (approved in Student HB 1/26/96; Revised 1999; May 2001)
Due to the purposes of WNMU and in recognition of the fact that sexual harassment is a form of discrimination Western New Mexico University is committed to maintaining an environment free of sexual discrimination for students, faculty, and staff of Western New Mexico University.
I. Definitions
A. Conduct of Sexual Nature
Conduct of a sexual nature may include, but is not limited to, verbal or physical sexual advances, including subtle pressure for sexual activity; touching, pinching, patting, or brushing against; comments regarding physical or personality characteristics of a sexual nature; sexually-oriented “kidding,” “teasing,” double entendres, and jokes, and any harassing conduct to which an employee or student would not be subjected but for such employee’s or student’s sex.
B. Unwelcome Conduct of a Sexual Nature
1. Verbal or physical conduct of a sexual nature may constitute sexual harassment when the allegedly harassed employee or student has indicated, by his or her conduct, that it is unwelcome.
2. An employee or student who has initially welcomed such conduct by active participation must give specific notice to the alleged harasser that such conduct is no longer welcome in order for any such subsequent conduct to be deemed unwelcome.
II. Sexual Harassment Prohibited
A. For the purposes of this policy, unwelcome sexual advances or requests for sexual favors, and other unwelcome conduct of a sexual nature constitute prohibited sexual harassment if:
1. submission to the conduct is made either an explicit condition of employment, or in the case of a student, academic advancement;
2. submission to or rejection to the conduct is used as a basis for an employment decision affecting the harassed employee; or
3. the conduct substantially interferes with an individual’s work/academic performance, or creates an intimidating, hostile, or offensive work/academic environment. B. Specific Prohibitions
1. Administrators and Supervisors
a. It is sexual harassment for an administrator or supervisor to use his or her authority to solicit sexual favors or attention from subordinates when the subordinate’s failure to submit will result in preferential treatment.
b. Administrators and supervisors who either engage in sexual harassment or tolerate such conduct by other employees shall be subject to sanctions, as described below.
2. Faculty and University Staff
a. It is a sexual harassment for a faculty member or university staff to use his or her status to solicit sexual favors or attention from students when the student’s failure to submit will result in adverse treatment, or when the student’s acquiescence will result in preferential treatment.
b. Faculty and university staff who either engage in sexual harassment or tolerate conduct shall be subject to sanctions as described below.
3. Non-administrative and Non-supervisory Employees
a. It is sexual harassment for a non-administrative and non-supervisory employee to subject another such employee to any conduct of a sexual nature. Employees who engage in such conduct shall be subject to sanctions as described below.
C. Reporting, Investigation, and Sanctions
1. It is the duty of the University to attempt to eliminate all sexual harassment and therefore all persons with knowledge of sexual harassment are required to report incidents of sexual harassment. You may report sexual harassment using the Affirmative Action Grievance Procedure or by reporting to the President’s Office, or to the office of the appropriate Vice
President.
a. Employees who feel that administrators, supervisors, or faculty are conditioning promotions, increases in wages, continuation of employment, or other terms or conditions of employment or academic advancement upon agreement to unwelcome conduct shall report these conditions to the appropriate administrator.
If the employee’s direct administrator or supervisor is the offending person, the report shall be made to the next higher level of administration or supervision. In the case of students, the report shall be made to the department chair or the Vice President for Academic Affairs.
b. Individuals are also urged to report any unwelcome conduct of a sexual nature by supervisors, fellow employees or students if such conduct interferes with the individual’s work/academic performance, or creates a hostile or offensive environment. c. Confidentiality will be maintained and no reprisals or retaliation will be allowed to occur as a result of the good faith reporting of charges of sexual harassment.
2. In determining whether alleged conduct constitutes sexual harassment, the totality of the circumstances, the nature of the conduct and context in which the alleged conduct occurred will be investigated. The Affirmative Action Officer has the responsibility of investigating and resolving complaints of sexual harassment.
3. Any employee found to have engaged in sexual harassment shall be subject to sanctions, including, but not limited to, warning or reprimand, suspension, or termination, subject to applicable procedural requirements.
I. 20. LANGUAGE POLICY (Approved February 7, 1997) (Revised September 10, 2004)
Western New Mexico University strives to create a campus climate which values diversity among students, faculty, staff and administration. WNMU recognizes the importance of building a campus culture based on understanding and mutual respect for the many cultural differences that exits within the campus population, including differences in language.
WNMU is dedicated to encouraging a multicultural, multilingual environment. It is the policy of the University that any employee, student, or staff member may speak any language, or combination of languages, except when the speaking of a particular language is a business necessity. Interactions among faculty, staff, or students not directly related to the conduct of University business do not fall within the business necessity exception. Should it be determined that any University employee attempted to infringe on the rights of others to speak any language, or combination of languages, appropriate disciplinary action will be taken.
I. 21. AGREEMENT BETWEEN WESTERN NEWMEXICO UNIVERSITY AND WESTERN NEW MEXICO UNIVERSITY FOUNDATION (Approved August 8, 2003)
This Agreement is entered into between Western New Mexico University (the “University”) and Western New Mexico University Foundation (the "Foundation") pursuant to Section 6-5A-1 NMSA 1978.
WHEREAS, the University is a state educational institution specified in Article 12, Section 11 of the Constitution of New Mexico; and
WHEREAS, the Foundation is a New Mexico Nonprofit Corporation granted exemption from federal income tax pursuant to Section 501(c) (3) of the Internal Revenue Code of 1986; and
WHEREAS, the University formally recognizes the foundation as a separate corporate entity established for the sole purpose of soliciting, receiving, distributing and managing private gifts and donations given for the benefit of the University; and,
WHEREAS, the University further recognizes that the Foundation provides the following services; 1) creates and encourages an opportunity for private individuals and organizations to invest in the support of University programs and services with the assurance that the benefits of these gifts and donations supplement state appropriations to the University; 2) provides a corporate structure for managing private gifts and donations, including endowments and income-producing properties, that do not jeopardize the University’s tax-exempt status or create unrelated business tax obligations for the University; 3) provides added assurance to donors that their contributions will be distributed and utilized for the specified purposes; and, 4) provides a medium for alumni and community leaders to participate in the solicitation, management and distribution of private gifts and donations; and,
WHEREAS, it is understood by the University and Foundation that all gifts and donations received by the Foundation are given for the benefit of the University and, therefore, shall be managed, distributed, and utilized in accordance with policies and procedures established by the University and the Foundation to assure accountability to the donor and to the public that supports the University. The Foundation will not be responsible for funds that are received, held and managed by the University; and,
WHEREAS, the University has determined that the Foundation shall be the primary organization for overseeing the development, coordination and implementation of the fund-raising activities for the University, and where practical and feasible receives all gifts, legacies and donations of money and property to the University; and,
WHEREAS, it is understood by the University and the Foundation that in those few instances where gifts or donations are given directly to the University that they will be reported in writing within 30 days to the Foundation; and,
WHEREAS, the University desires the Foundation to continue to solicit, receive, hold, administer and invest for it gifts made to and for the benefit of the University; the University
will make available to the Foundation assistance to meet its objectives; and
WHEREAS, the Foundation will provide a regular annual written report to the University regarding the status of its investments, contributions to the Foundation for the benefit of the University, and other activities of the Foundation. The University will provide an annual written report to the Foundation regarding its needs for funds held by the Foundation.
Now, therefore, the parties mutually agree as follows:
1. Independence of Foundation. The Foundation and University agree that, at all times and for all purposes of this Agreement, the Foundation as an entity, in the performance of this Agreement and other activities to be undertaken by the Foundation, shall act in an independent, separate legal capacity and not as an agent of the University. Each party agrees to be responsible for its own acts or omissions which may occur during the performance of this Agreement and which result in claims by individuals or entities not parties to this Agreement.
2. Investments. The Foundation will prudently invest endowment funds or other funds available for investment, for the benefit of the University.
3. Relationship and Authority. A. The management of the Foundation is autonomous from the management of the University. Employees of the University and members of the Board of Regents are not allowed to be voting members of the Board of Directors of the Foundation. However, the Bylaws of the Foundation provide that the President, Vice-President for Business Affairs, and the Chairman of the Board of Regents of the University will be non-voting ex-officio members of the Board of Directors of the Foundation. The University provides guidance to the Foundation regarding the goals and needs of the University for the funds entrusted to the Foundation on behalf of the University.
4. Complement and Support Functions. The Vice President for Business Affairs or the Vice President’s designee has authority to invest funds which are held by the University exclusively for educational purposes, and to receive contributions, grants, and endowments for the benefit of the educational purposes of the University. The Foundation may support this portion of the University’s statutory authority by:
A. Coordinating with the University on opportunities for, and assistance in, soliciting and obtaining grants, and other non-private funds for the benefit and use for the University;
B. Advising and assisting the University with regard to other programs to raise Foundation funds, contributions and endowments for the University’s educational and civic purposes;
C. Investing assets held by the Foundation for the benefit and use for the University;
D. Providing
funding for scholarships, faculty and staff development, special programs, and
equipment and capital needs
E. Complement the University’s Marketing, Publicity, and Community Relations Plans in the support of the Foundation’s Mission;
F. Performing other support functions upon which the Foundation and the University may mutually agree.
5. Accounting and Audits. A. The Foundation shall have a financial accounting system which is adequate under customarily and currently accepted accounting standards applicable to non-profit foundations.
B. The financial affairs of the Foundation shall be audited annually in accordance with generally accepted auditing standards when required by GASB 39, by an independent professional auditor. According to New Mexico State Auditing rule 2.2.2.10 A(6) the component unit (WNMU Foundation) is to be audited by the same auditor who audits the primary governmental unit (WNMU). An exemption can be requested, in writing, through the state auditor’s office. (the “Auditor”) Copies of the Auditor’s annual audit will be furnished (the “Audit”) to the President of the University and to the members of the Board of Regents. Upon written request by the University, any working papers developed by the Auditor in connection with the Audit shall be available to the University for review for a period of three years after the Audit report date. The Audit, exclusive of any lists of donors or donations, shall be a public record.
C. The Foundation will do all things necessary to retain the Foundation’s legal status as a tax-exempt organization pursuant to Section 501(c)(3) of the Internal Revenue Code of 1986 as it now exists or may hereafter exist.
6. Property Subject to New Mexico Laws. Any funds or property transferred, with or without consideration, to the University by the Foundation are subject to all New Mexico state laws and regulations governing the disbursement and administration of public funds and public property, except to the extent that, in any particular instance, specific transfer conditions are acceptable to the University and do not require actions that are punishable as crimes under New Mexico law.
7. Bylaws of Foundation. The President of the University and the Chairman of the Board of Regents have reviewed the Bylaws of the Foundation and found them acceptable. The Foundation shall furnish copies of any amendments to its Bylaws to the University promptly upon adoption.
8. Consideration. A. The University recognizes the value and benefits, both economic and otherwise, which it obtains from the services performed by the Foundation. In consideration of those services, the University agrees that it will:
(1) Allow Foundation staff to use office space, office furnishings and office equipment on the campus of the University as the University determines appropriate.
Utilities, maintenance and repairs and property insurance will be provided by the University. The Foundation also may use appropriate University facilities for its events in accordance with the University’s policies. No rental should be paid by the Foundation for this permitted use.
(2) Provide for the insurance and retirement benefits (but not the salary, sick leave, annual leave or tuition waiver benefits) of the Director of the Foundation and the Development Specialist for the Foundation.
(3) Provide administrative payroll functions for the Director of the Foundation and the Development Specialist of the Foundation.
B. The
Foundation will continue to provide scholarship funds for the University and
other University needs as agreed upon by the two entities
9. Investment Standard. The Foundation will apply the standard described in Section 6-8-10 NMSA 1978, as amended, as the standard for evaluating investments of the Foundation.
10. Miscellaneous. A. Term. The term of this Agreement shall be for a three-year term subject to amendment by mutual agreement in writing of the parties.
B. Amendment. This Agreement shall not be altered, changed or amended except by an instrument in writing executed by the parties hereto.
C. Open Meetings Act and Public Records Act Compliance. The parties agree that the Foundation will not be subject to the provisions of the Open Meetings Act (Chapter 10, Article 15, NMSA 1978, as amended) nor will any of its records other than the annual audit required by this Agreement, become public record within the purview of the Inspection of Public Records Act (Chapter 14, Article 2, NMSA 1978, as amended).
D. Merger. This Agreement incorporates all of the agreements, covenants and understanding between the parties hereto; comprising the subject matter hereof; and all such covenants, agreements and understandings have been merged into this written Agreement. No prior agreement or understandings, verbal or otherwise, of Agreement.
E. Binding Effect. This Agreement is binding on, and the benefits inure to the parties hereto, their successors and transferees. F. Governing Law. This Agreement is governed by the laws of the State of New Mexico.
IN WITNESS WHEREOF, the parties have herein below set their hand.
WESTERN NEW MEXICO UNIVERSITY
By________________________ Date _______________ Its_______________________
WESTERN NEW MEXICO UNIVERSITY FOUNDATION
By________________________ Date ________________ Its________________________
CHAPTER II
The Board of Regents
II.1. Constitutional and Legal Provisions
The Board of Regents of Western New Mexico University is constitutionally and legally responsible for the control and management of this institution. This responsibility and authority may be exercised only by the Board as a unit. Its individual members are without power to act separately in connection with University business, except when one of the Board’s officers is specifically authorized to act in behalf of the Board. Whether referred to as “the Board” or as the “the Regents” throughout this MANUAL, the meaning is the same. In carrying out their responsibility, the Board may and quite often does delegate limited powers to certain individuals and groups within the University, but such delegation of specific power and authority on a limited basis does not relieve the Board from its ultimate responsibility for the entire institution. Similarly, the Board may withdraw or modify delegated authority, but not on a retroactive basis.
II.2. Duties and Functions (Revised May 10, 2001)
Under its broad responsibility for the management and control of the University, the Board has many specific duties and functions too numerous to list here. Its power to control, manage, and govern the institution necessarily includes exercise of wide discretion—including discretion in what actions it takes directly and in what authority it delegates to other bodies within the University.
Listed below are those duties and functions considered by the Board to be among the most important:
1. Select and appoint a President of the University who serves as the University’s Chief Executive Officer.
2. Adopt policies, rules, and regulations to govern the University.
3. Evaluate the mission, goals and objectives of the University not later than the third quarter of each calendar year and establish policies of the Regents.
4. Delegate authority and responsibility deemed by the Board as appropriate and necessary for the most effective operation of the University, with full understanding that such delegation implies the right of the Board to withdraw or modify the delegation when it is considered wise to do so.
5. Approve or authorize others to approve all contracts between the University and other parties, including those contracts for services rendered, equipment and materials to be purchased, construction of buildings, and care and preservation of all University property.
6. Approve, by budgeting, the expenditures of all monies.
7. Approve requests for leaves without pay and sabbatical leaves in accordance with existing policies set forth. 8. Approve constitutions and by-laws and other governing documents (including proposed amendments) of all groups and bodies within the University operating under such documents.
9. Lease, rent, purchase, and sell land on behalf of the University.
10. Approve all degrees to be awarded by the University including both earned and honorary degrees.
11. Borrow money, as provided by law, for the purpose of erecting, altering, improving, furnishing or equipping buildings, for acquisition of land for use by the University, or for other authorized purposes.
12. Receive benefits and donations directly from the federal government and from private or corporate sources to use in ways deemed by the Regents to be in the best interest of the University.
13. Bear legal responsibility and authority for all aspects of the University’s operations.
14. Represent the citizens of the state, and interpret their thinking in terms of institutional policies, facilities and programs.
II.3. Composition
The Board is composed of five regents who are appointed by the Governor of the State and confirmed by the Senate. One of the members of the Board of Regents is required to be a member of the student body of WNMU. The terms of appointment of the non-student members of the Board of Regents are staggered terms of six years. The student Regent serves a two-year term. The Governor and State Superintendent of Public Instruction are designated as ex-officio, non-voting members, and the Chair of the Faculty and Staff Senates and the Student Body President are ex-officio non-voting members.
II.4. Organization
No later than the second regular meeting of each calendar year the Board elects one of its members as chair, another as vice-chair, and a third as secretary/treasurer. The chair is the chief executive officer of the Board and presides at all its meetings. When he or she is absent, the vice-chair will preside; if both are absent, the Board may appoint a chair pro tem.
The statutes provide that the secretary/treasurer makes disbursements of funds, on the order of the Board, such disbursements to be countersigned by the chair of the Board. These functions are delegated by the Board to the President of the University and persons designated by the President.
Each year, after the election of new officers of the Board of Regents, the following authorizations are approved by the Board, such authorizations being affective until rescinded or until the next election of the Board officers.
a. The newly elected officers of the Board are authorized to sign checks, drafts, and other documents on the Regents’ behalf;
b. The chair is authorized to execute (buy, sell, assign or endorse for transfer) certificates representing stocks, bonds or other securities now registered or hereafter registered in the name of the University;
c. The President of the University and the University Vice-President for Business Affairs are authorized to continue to sign contracts, grants, and other agreements that are necessary for the daily operation of the University. The President of the University is further authorized to delegate power to certain other administrative officers connected with various entities at the University to execute designated contractual documents related to their respective organizations.
II.5. Committees
The committees of the Board are the Audit Committee, the Budget and Finance Committee, the Building, Facility, and Space Naming Committee, and the Honorary Degree Committee. Members of these committees shall be appointed by the chair of the Board. The chair of the Board is an ex-officio member. Ad Hoc committees may be formed by the chairperson as needed for specific purposes and will be disbanded when their task has been completed.
II.6. BUILDING, FACILITY, AND SPACE NAMING COMMITTEE (Adopted May 8, 1987; Revised 1999; August 2001; and December 12, 2002)
From time to time the Board may appoint a Building Facility, and Space Naming Committee comprised of no more than seven members, whose duty it shall be to recommend to the Board the naming of a University building, group of buildings or major facilities after the names of persons meeting the criteria listed below. The Chairman of this Committee shall always be a member of the Board of Regents of WNMU.
1. In the consideration of naming an existing building or one to be constructed, group of buildings, or a major facility, such honor shall be awarded only to that person or those persons who have made substantial contributions to Western New Mexico University.
2. It shall be the policy of the Board not to name any building, group of buildings, or major facility after any person who is presently employed by the University or serving as a Regent.
3. A building, group of buildings, or major facility may be named after a member of the University community who has been retired from active service for at least two years or who has been deceased for at least two years.
4. Requests for naming a building, group of buildings, or major facility, may originate from any source. Requests shall be submitted to the President of the University. Such requests are considered a part of the outside environment and must then be referred by the President to the Regents’ Building, Facility and Space Naming Committee for consideration and recommendation. The Committee’s recommendation and the recommendation of the President shall be forwarded to the Board of Regents for final action.
4. Request for naming facilities that are part of the interior space of the University such as library/reading rooms, laboratories, seminar rooms, galleries, recreational courts, lounges, academic and service centers, shall be made in writing to the President of the University. The President/ after consultation with the Regents’ Building, Facility, and Space Naming Committee, shall decide each case on its merits. The President may consult with the Regents if he/she wishes on a case by case basis.
II.6.A. PLAQUES ON NEW BUILDINGS
The names appearing on building plaques will constitute those persons serving in office at the time that the buildings are completed and accepted.
II.7. BUDGET AND FINANCE COMMITTEE (Adopted September 1, 1989)
The Board of Regents Committee on Budget and Finance shall consist of two Board Members appointed annually for the purpose of advising the Board on all matters pertaining to the formulation, implementation, supervision, audit, and compliance of the University’s capital and operating budgets.
II.8. AUDIT COMMITTEE (Adopted January 26, 1996; Revised 1999)
The Audit Committee is to be made up of two members of the Board of Regents, appointed by the Chair of the Board, and the University’s internal auditor. The following responsibilities lay with the Audit Committee:
•The Audit Committee members will help guide, mentor, monitor, and meet with the University’s internal auditor. These meetings may take the form of, but are not limited to, phone calls, conference calls, and meetings prior to the regular advertised Board of Regents’ open meeting.
•The Audit Committee will participate in the structuring of the internal audit function, including but not limited to such areas as: the University’s audit plan, monitoring of policies and procedures, special projects and other duties as assigned to the internal auditor. Further, the Audit Committee will be responsible for the annual evaluation of the internal auditor.
•The Audit Committee will have the option in the extent of participation in recruiting the external audit firm for the University. The final recommendation for the external auditor will need to be obtained from the Audit Committee who will have the recommendation ratified by the Board of Regents. The Purchasing Department will receive the approved recommendation and the department will then forward the information to the State Auditor’s Office.
•During the University’s year-end external audit, the external auditor will be expected to report, as needed, to the Audit Committee. An “exit meeting” will also be scheduled by the external audit firm to report on the final audit opinion and any findings and/or material weaknesses found. II.9. HONORARY DEGREE POLICY - (Revised May 10, 2001; December 13, 2002; March 18, 2004)
Criteria for Selection
The Honorary degrees of Doctorate of Laws, Doctorate of Humane Letters, and Doctorate of Arts shall be awarded to individuals who have made contributions of exceptional substance to Western New Mexico University or who have significantly enriched the educational, cultural, scientific, or intellectual life of the region, state, or nation.
An honorary degree may be awarded either through Procedure A or Procedure B set forth below.
Procedure A
1) Nominations can come from any source, on or off campus with a deadline of November 1 for the fall presentation or April 1 for the spring or summer presentation.
2) The Office of the President will serve as the clearinghouse.
3) A comprehensive vita will be prepared for each potential candidate.
4) Accomplishments of potential honorary degree recipients will be reviewed by an Honorary Degree Committee composed of:
A. One or two Regents (one of whom will serve as Chair).
B. One faculty member elected from each of five departments designated by the Vice-President of Academic Affairs for an academic year so that departments are rotated annually on this committee.
C. The Chairperson of the Board may appoint up to one additional student and one Western alumnus to the committee.
5) All deliberations of The Honorary Degree Committee will be confidential.
6) Recommendations of the Committee will be made to the President who will take the Committee’s and her/his recommendations to the Board of Regents for final decision.
Procedure B
Any Regent may nominate an individual for an award of an honorary degree during an open session of any meeting of the Board of Regents, provided appropriate notice is stated in the agenda and published notice for the meeting.
Nominations made directly by a Regent during an open session of any meeting of the Board need not go through the Honorary Degree Committee process prior to final action by the Board and a comprehensive vita need not be prepared prior to final action by the Board.
A majority of a quorum of the Board may vote in open session to:
1. Approve the award of an honorary degree;
2. Send the matter to the Honorary Degree Committee for further review after preparation of a comprehensive vita; or
3. Deny an award of an honorary degree. General Provisions
All action by the Board of Regents will be at the open session of the Board. Usually, no more than two honorary degrees will be conferred on each presentation/occasion. An exception may occasionally occur but all such exceptions require the concurrence of the committee, the President and the Regents.
Upon final action by the Board awarding an honorary degree, a biographical sketch will be developed and will become an integral part of the presentation ceremony. Honorary Degrees may be presented only at Commencement or other official or formal convocations of the University.
(Approved December 12, 2008)
WHEREAS, the Board of Regents of Western New Mexico University (the “Board”) met in regular session at the Student Memorial Building on the WNMU campus on December 12, 2008, at 2:30 p.m. as required by law; and
WHEREAS, Section 10-15-1(B) of the Open Meetings Act (NMSA 1978, Sections 10-15-1 to 10-15-4) states that, except as may be otherwise provided in the Constitution or the provisions of the Open Meetings Act, all meetings of a quorum of members of any board, council, commission, administrative adjudicatory body or other policymaking body of any state or local public agency held for the purpose of formulating public policy, discussing public business or for the purpose of taking any action within the authority of or the delegated authority of such body, are declared to be public meetings open to the public at all times; and
WHEREAS, any meetings subject to the Open Meetings Act at which the discussion or adoption of any proposed resolution, rule, regulation or formal action occurs shall be held only after reasonable notice to the public; and
WHEREAS, Section 10-15-1(D) of the Open Meetings Act requires the Board to determine annually what constitutes reasonable notice of its public meetings; and
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF REGENTS OF WESTERN NEW MEXICO UNIVERSITY:
11.11 Time and Place of Meetings
1. All meetings shall be held as indicated in the meeting notice.
11.12 Notice to the Public Concerning Meetings (Revised May 10, 2001) 2. Regular Meetings - Unless otherwise specified, regular meetings shall be held each
quarter, one in January, February or March; one in May, one in July or August, and one in December. The notice of regular meetings shall specify the date, time, place and the agenda items to be addressed and shall be given five (5) days in advance of the meeting date by the Executive Assistant to the President/Board, whose office is located in Castorena Hall, 1000 College Avenue, Silver City, New Mexico. If it becomes necessary to add an item to the published agenda, a second notice shall be published at least two (2) days prior to the meeting.
3. Special Meetings - Special meetings may be called by the Chairman or a majority of the members upon three (3) days notice. The notice shall include the date, time, place and agenda for the meeting.
4. Emergency Meetings - Emergency meetings may be called only under unforeseen circumstances which demand immediate action to protect the health, safety and property of citizens or to protect the public body from substantial financial loss. The Board shall avoid emergency meetings whenever possible. Emergency meetings may be called by the Chairman or a majority of the members upon twenty-four hours notice, unless threat of personal injury or property damage require less notice. The notice for all emergency meetings shall include the date, time, place, and agenda for the meeting.
5. For the purposes of regular meetings described in paragraph 2 of this resolution, notice requirements are met if the notice is placed in a newspaper of general circulation in Grant County, posted on the bulletin board located opposite the main public entrance of the administration building (Castorena Hall), furnished to any person requesting such notice and publishing the notice on the University’s web-site. Copies of the written notice shall also be mailed to those broadcast stations licensed by the Federal Communications Commission and newspapers of general circulation which have made a written request for notice of public meetings.
6. For the purposes of special meetings described in paragraph 3 of this resolution, notice requirements are met if the notice is published in a newspaper of general circulation in Grant County, posted on the bulletin board located opposite the main public entrance of the administration building (Castorena Hall), furnished to any person requesting such notice, and published on the University’s web-site. Copies of the written notice shall also be mailed to those broadcast stations licensed by the Federal Communications Commission and newspapers of general circulation that have made a written request for notice of public meetings.
7. For the purposes of emergency meetings described in paragraph 4 of this resolution, notice requirements are met if notice of the date, time, place and agenda is published in a newspaper of general circulation in Grant County and posted on the bulletin board located opposite the main public entrance of the administration building (Castorena Hall). Copies of the written notice shall also be mailed to those broadcast stations licensed by the Federal Communications Commission and newspapers of general circulation that have made a written request of public meetings.
8. In addition to the information specified above, all notices shall include the following language:
If you are an individual with a disability who is in need of a reader, amplifier, qualified sign language interpreter, or any other form of auxiliary aid or service to attend or participate in the hearing or meeting, please contact the Executive Assistant to the President/Board at 1000 College Avenue, Silver City, New Mexico at least one week prior to the meeting or as soon as possible. Public documents, including the agenda and minutes, can be provided in various accessible formats. 9. The President of the Board may close a meeting to the public only if the subject matter of such discussion or action is exempted from the open meeting requirement under Section 10-15-1(H) of the Open Meeting Act.
(a) If any meeting is closed during an open meeting, such closure shall be approved by a majority vote of a quorum of the Board taken during the open meeting. The authority for the closed meeting and the subjects to be discussed shall be stated with reasonable specificity in the motion to close and the vote of each individual member on the motion to close shall be recorded in the minutes. Only those subjects specified in the motion may be discussed in the closed meeting.
(b) If the decision to hold a closed meeting is made when the Board is not in an open meeting, the closed meeting shall not be held until public notice, appropriate under the circumstances, stating the specific provision of law authorizing the closed meeting and the subjects to be discussed with reasonable specificity, is given to the members and to the general public.
(c) Following completion of any closed meeting, the minutes of the open meeting that was closed, or the minutes of the next open meeting if the closed meeting was separately scheduled, shall state whether the matters discussed in the closed meeting were limited only to those specified in the motion or notice for closure.
(d) Except as provided in Section 10-15-1 (H) of the Open Meetings Act, any action taken as a result of discussions in a closed meeting shall be made by vote of the Board in an open public meeting.
II.13. Closed Meetings
Meetings of the Board held for the following purposes may be closed to the public: 1. meetings pertaining to issuance, suspension, renewal, or revocation of a license, except that all final actions on the issuance, suspension, renewal or revocation of a license shall only be taken at an open meeting.
2. meetings pertaining to limited personnel matters, as defined by law, except that (i) all final actions on personnel shall be taken at open meetings and (ii) an affected employee may demand a public hearing.
3. meetings pertaining to the discussion of personally identifiable information about any individual student, unless the student, his parent or guardian requests otherwise.
4. meetings for the discussion of bargaining strategy preliminary to collective bargaining negotiations between the University and a bargaining unit representing the employees of the University and collective bargaining unit are present.
5. that portion of meetings at which a decision concerning purchases in an amount exceeding ten thousand dollars ($10,000) that can be made only from one source and that portion of meetings at which the contents of competitive sealed proposals solicited pursuant to the Procurement Code are discussed during contract negotiation process. However, the actual approval of purchase of the item or final action regarding the selection of a contractor shall only be made in an open meeting;
6. meetings subject to the attorney-client privilege pertaining to threatened or pending litigation in which the public body is or may become a participant;
7. meetings for the discussion of the purchase, acquisition or disposal of real property of water rights by the University.
Following the completion of any closed meeting, the minutes of the open meeting that was closed, or the next open meeting, if the closed meeting was separately scheduled, shall state that the matters discussed in the closed meeting were limited only to those specified in the motion for closure or in the notice of the separate closed meeting.
II.14. Quorum for Meeting (Revised 2002) A majority of the five members of the Board shall constitute a quorum for the transaction of business.
1. Authority to Call a Board Meeting - The Chairperson of the Board, or the President of the University, or three Members of the Board may call a meeting of the Board. Any individual may make a written request to call a Board meeting. Such requests shall be made in writing, with supporting reasons, to the President of the University or any member of the Board. There is no obligation to call a meeting as requested herein.
2. Working Session A quorum of the Board may also meet periodically in “working sessions.” A “working session” is any meeting of a quorum of the Board which does not involve any formal action by the Board. Such sessions include, but are not limited to: 1) discussions related to the formulation of public policy prior to the publication of any proposed general order; 2) discussions related to the formulation of public policy prior to the formal discussion or adoption of any resolution, rule, regulation or any order in any case pending before the Board, or prior to the taking of any other formal action authorized by the higher education statutes; 3) discussions of internal administrative actions concerning the operations of the University, and 4) informational discussions between staff and the Board in preparation for formal discussion or action.
Working sessions of a quorum of the Board are open meetings and are open to the public. Any person wishing to attend a working session of the Board shall be allowed to attend and listen to the discussions. The Board will conspicuously publish a notice of the working session at least twenty-four hours prior to the working session in the media. The notice shall state the time, date, and location of the meeting and that no formal action shall be taken.
3. Written records of all such notices of meetings given to the public will be kept. (See Sec. 10-15-1 through 10-15-4 NMSA 1978)
The Board will review and determine, at least annually, what notice for a public meeting is reasonable.
II.15. Parliamentary Authority (Approved 7-23-93)
The Board will generally operate under Robert’s Rules of Order (latest edition).
II.16. Agenda for Meetings
The Board Chairperson, after consultation with the University President and other Board members, shall have the Executive Assistant to the President/Board produce copies of the agenda for the Regents and the President of the University. The Executive Assistant to the President/Board will make the agenda available to those requesting it.
Persons or groups wishing to place an item on the agenda of the Board of Regents are required to submit a letter to that effect to the Chair of the Board via the President of the University not less than ten (10) days prior to the scheduled meeting.
In addition, the petitioner shall submit: a. a summarized “brief” of the intended statement; b. the specific action requested from the Board of Regents; c. the name of the person(s) designated to speak (e.g., legal counsel); d. a summarized review of any internal administrative action or hearing the topic has previously received; e. the approximate length of time of the presentation.
Persons wishing to speak before the Board at one of its meetings on an item not on the agenda should make such a request in advance of the meeting to the Chair of the Board or to the President of the University, either of whom will make every reasonable effort to accommodate the request. The Board will always be receptive to the Faculty Senate, Staff Senate, or the Student Senate.
Also, the Chair of the Board may request or allow other persons present at a meeting to address the Regents -- both on topics already on the agenda and on items introduced initially at the meeting or in the Regents’ Information Session– but no blanket assurance can be given for such an opportunity.
On internal administrative matters such as budget requests, salary considerations, and decisions ordinarily delegated to the President, the Board reserves the right to review only the written appeal and forego oral presentation.
Final decisions to grant or deny requests or petitions to appear and speak before the Board will be rendered by the Chair of the Board on its behalf.
The written agenda will normally be followed, with any possible additions having received the Board’s approval.
II.17. Minutes of Meetings
Minutes of all open meetings will be kept and are open to public inspection. The minutes will include as a minimum the date, time and place of the meeting, the names of members present and absent, the substance of all proposals considered, and record of any decisions and votes taken which show how each member voted. Drafted minutes will be prepared by the President’s Assistant after editing by the elected secretary within ten (10) working days of the meeting. Minutes will become official only after approval by a quorum of the members of the Board at its next meeting.
II.18. Resolution on Open Meetings Act (Re-adopted December 13, 2002)
We, the Board of Regents of Western New Mexico University, hereby reaffirms that the Board’s open meetings policy has been reexamined to meet the requirement of the State’s Open Meetings Act (10-15-1 to 10-15-4, NMSA 1978). The Board of Regents hereby adopts the new policy as its current open meetings policy.
II.19. Regents Information Session
The Regents Information Session, which was formulated to enhance the relations of the University and the public, will consist of a 15-minute period of time following completion of the Board’s formal agenda. During this period, individuals may address the Board concerning matters not covered in the agenda, concerning Western New Mexico University and of interest to the Board, excluding grievances and personnel matters for which procedural guidelines have been established. This session will consist of a 15-minute total period of time and each individual presentation will be limited to three minutes. The Board will have the prerogative of responding to items presented. II.20. Conflict of Interest Policy (Adopted March 1, 1991)
Any quality of interest or probable conflict of interest on the part of any Regent shall be disclosed to the other members of the Board and made a matter of record, either by an annual procedure or when the interest becomes a matter of Board action.
Any Regent having a conflict of interest on any matter shall not vote or use his/her personal influence on the matter and shall not be counted in the quorum for the meeting. The minutes of the meeting shall reflect that disclosure was made and the abstention, for voting and quorum purposes.
The foregoing requirements shall not be construed to prevent the Regent from briefly stating his/her position on the matter nor asking appropriate questions of other Board members since his/her knowledge may be of assistance.
This policy shall be reviewed annually for the information and guidance of the Regents and any new member shall be advised of this policy. II.21. Board of Regents Scholarships
With funds provided by the State for this purpose, academic scholarships are awarded in the name of the Board of Regents to graduating seniors from New Mexico high schools with honor roll status. Preference is given to high schools in closer proximity to the University.
II.22. Formulation of Policies (Approved 12-13-90) Policies may be adopted only after consideration at two meetings of the Board. The formal adoption of policies shall be recorded and noted in the minutes of the Board.
Policies are subject to amendment only by a majority vote of the entire Board and after consideration at two consecutive meetings.
If a quorum of the Board votes to do so, a policy may be waived at any meeting in order to permit a specific action.
II.23. Periodic Re-evaluation of Policies
The Board of Regents deems it highly important for University policies to be re-evaluated periodically. The purposes of such re-evaluation are at least two-fold: first, to remind both new and continuing members of the University community (including the Regents themselves) about policies currently in effect; and to afford the Regents convenient opportunities to modify policy when deemed desirable.
The Board shall set aside a part of one or more meetings each year for the purpose of discussion and/or re-evaluation of University policies. At least one session during the first or second quarter shall be set aside for this purpose.
II.24. Compensation
Members are not remunerated for their services. They are, however, paid per diem and allowance for necessary travel as provided by law.
II.25. Orientation of New Members
When a new member is appointed to the Board, he or she will be briefed by the President of the University. The President will explain the overall organization of the University and provide appropriate information.
II.26. Rights and Responsibilities
The purpose of this statement is to help clarify relationships between the Regents and the Administration, Faculty, and Students of the University. “Management and Control” of the University are vested in the Regents, and they are also charged with the authority and “duty to enact laws, rules, and regulations for the government of the University.” Inevitably, the management responsibilities of the Regents must be delegated, and so is much of their authority to govern the affairs of the institution subject to overall policy which they establish. In this situation, it may be helpful to have a statement of the position of the Regents on certain topics of current interest and concern.
1. As limited by the applicable law, these policies, and other actions of the Regents, the Board recognizes and approves:
a. the authority and responsibility of the Administration in all matters relating to the operation of the University;
b. the authority and responsibility of the Faculty, in cooperation with Administration, to set educational policies, to screen faculty personnel, and in general, to deal with all matters relating to teaching and research; and
c. the rights and responsibility of the Students of the University to provide for their own self-government with authority in the affairs of the student community.
2. There presently exist adequate procedures for determining most matters affecting University operation. In order that the University may function properly under the authority of those in direct charge of its activities, the Regents ordinarily will not interfere with actions of the Administration, the Faculty, Staff, or Student Government. The Regents cannot, however, ignore the responsibilities of management and control vested in them by the Constitution and laws of the State of New Mexico. Thus, they reserve unto themselves the right to consider and determine, if deemed necessary, any matter relating to the University. Except as otherwise provided, appeals of Administration, Faculty, or Student decisions should be addressed in writing to the Regents via the President of the University. The Regents will consider such appeals as a body. In their discretion, the Regents may request written briefs or oral argument or both.
3. The Regents recognize and approve the right of free speech and honest expression of opinion on any subject by any member of the University community, whether the subject relates to on- or off-campus issues, but those who speak or act shall not do so in the name of the University or any of its organizations unless there has been specific authorization to do so.
4. Off-campus speakers, if approved in accordance with University regulations, should be allowed free expression of their views. Students with diverse points of view should permit such speakers to be heard without harassment.
5. Any member of the University community — student or member of the faculty or staff — is subject to discipline if he/she acts in such a way as to affect adversely the University’s educational function or to disrupt community living on campus. All authorized University activities are deemed to be part of its educational function. No member of the University community has a right to interfere with another in the pursuit of an education or in the conduct of University duties and responsibilities.
The rights and responsibilities of each member of the University community, the same as every other citizen, are measured bylaws of our country. Respect for the law is fundamental and necessary for the preservation of our form of government. The Regents will take action to enforce this principle, if it should be necessary.
II.27. Policy on Board Member Travel (Adopted May 8, 1992)
Policy Statement. Each member of the Board of Regents shall be reimbursed for travel expenses incurred in the discharge of official duties as provided in the Per Diem and Mileage Act (NMSA 1978 Sections 10-8-1 through 10-8-8), and the rules and regulations issued pursuant thereto by the Department of Finance and Administration (DFA), except as such regulations are modified by this policy.
Travel Vouchers Required. Every claim for reimbursement shall be paid only upon presentation of a duly executed travel voucher, together with any required receipts attached thereto.
Per Diem for Board Meetings. Notwithstanding any other provisions of the Per Diem and Mileage Act or DFA rules, members of the Board of Regents may elect to receive per diem for attending each Board of Regents meeting or meetings of duly appointed committees of the Board of Regents at the rate of $95.00 as per diem expenses:
1. For each board or committee meeting attended; or
2. For each day spent in discharge of official duties (for travel within the state but away from the Board member’s home).
Board members who travel to attend a board meeting or a committee meeting may elect to be reimbursed for per diem under either paragraph III (1) or (2).
Reimbursement for Actual Expenses. With prior written approval of the President of the Board of Regents, a member of the Board of Regents shall be permitted to obtain reimbursement for actual expenses for lodging and reimbursement for actual expenses for meals (not to exceed $22.50 per day) for travel in the discharge of the official duties of the member of the board, as contemplated by NMSA 1978 Section 10-8-4L. The Regent claiming such actual reimbursement must submit receipts for such actual expenses incurred.
Out-of-State Travel. Requests shall be presented to and approved by the Board prior to the date of travel. Only thereafter will the travel request be honored. Should circumstances arise necessitating that a travel request be approved between board meetings, the President of the Board of Regents may approve the travel request subject to board approval at the next regular Regents meeting.
Travel by Aircraft. The WNMU Administration is hereby authorized to arrange for travel by state-owned aircraft for the convenience and benefit of members of the Regents to board or committee meetings. Passengers on such aircraft will generally be limited to members of the Board of Regents, University employees, or those persons performing direct contractual services on behalf of the University. Other passengers may be allowed to travel on a space-available basis subject to the approval of the Chair and at a pro-rata cost. Concern for economical use of transportation is of paramount importance as is the most efficient use of Board member’s time. Therefore, group travel is expected whenever feasible. The exception to this rule is that no more than two executive administrators shall be passengers on the same flight. Use of state-owned aircraft will not be allowed where the meeting is held less than 150 miles from the member’s home or place of business or employment. The WNMU Administration is directed to pay for travel on state-owned aircraft at the rates established by the General Services Department and to charge such travel expense to the Board of Regents’ in-state travel budget.
II. 28. Resolution For Board Meetings Utilizing Conference Telephone or Similar Communications Equipment (Adopted December 20, 1991; Revised August 9, 2002)
Whereas, the Board of Regents has found that it is necessary on occasion for the Board to act on a matter by a specified deadline by which time it is impossible for individual members to attend a meeting in person; and
Whereas, the Board of Regents has been advised of the provisions of the New Mexico Open Meetings Act (Section 10-15-1 et seq., NMSA 1978), and in particular Section 10-15-1C which governs the use of conference telephone or other similar communication equipment in connection with attendance by members at meetings of a public body; and
Whereas, the Board of Regents concludes that provision should be made for attendance at certain meetings by means of conference telephone or other similar communications equipment in a manner consistent with the New Mexico Open Meetings Act.
Now, therefore be it resolved by the Board of Regents of Western New Mexico University that:
1. The President of the Board, or the President of the University, or three members of the Board may call a special or emergency meeting of the Board as to which members of the Board who find it difficult or impossible to attend in person may attend by means of a conference telephone or other similar communication equipment. In any meeting in which conference telephone or other similar communication equipment is utilized, it is necessary that each member of the Board can be identified when speaking, that all participants are able to hear each other at the same time, and that all members of the public attending the meeting are able to hear any member of the public body who speaks during the meeting.
2. All such meetings shall comply with the New Mexico Open Meetings act in all particulars.
3. Participation by a Regent in a meeting by such telephonic means shall constitute presence in person at the meeting.
The President
III.1. The Office of the President
The President of the University is the Chief Executive Officer and is recognized by the Regents as the ranking officer of the University.
III.2. Appointment
The President of the University is appointed by and reports directly to the Board of Regents.
When the position of President becomes or is about to become vacant, the Regents conduct a search for qualified candidates for the Presidency.
The Board is guided in this effort by ethical and affirmative action principles and procedures and may be aided by an advisory search committee which it appoints. The Board has the sole responsibility for appointing a President of the University.
III.3. Relationship Between the President and the Board of Regents
The functions of the Board are regarded as essentially lay in nature rather than professional. Its primary responsibility is to establish policy for the University and then hold the President of the University responsible for seeing that approved policy is implemented throughout the institution.
The Board of Regents is well aware of the critical relationship and necessary interdependence between policy-making and administration at the University and has by its resolutions and actions established what it deems to be a proper balance between these two functions.
III.4. Responsibilities
All decisions and actions of the President must be in accordance with general policies approved by the Board of Regents and are subject to the right of the Board to intervene. This right is rarely exercised, however, for both philosophical and practical reasons. The magnitude and complexity of the operation of the University make it neither wise nor feasible for the Regents to intervene in decisions of management, except in the most unusual circumstances.
Under the general authority granted to the President of the University by the Regents by these policies, the President has duties and responsibilities including but not limited to:
1. the administration of Board policies regulating institutional mission, goals and objectives, instructional program, research, public service, financial affairs, student affairs and physical facilities;
2. the direction of current and long-range planning relating to his or her institutional responsibilities;
3. the development and maintenance of an appropriate administrative organization and governance structure to facilitate the most efficient and effective utilization of institutional resources in the achievement of the institution’s mission and goals;
4. the development and maintenance of a personnel system concerned with the recruitment, selection, assignment, supervision, evaluation, promotion, and retention or tenure of all personnel employed by the institution;
5. the planning and development of the means for securing and maintaining the resources necessary for the achievement of the institution’s mission at the highest possible level of quality, including the presentation to appropriate funding agencies of the needs of the institution;
6. the preparation and presentation of the annual operating and capital budgets and the institutional allocation and supervision of all appropriated and other funds;
7. the development and maintenance of the facilities, materials, equipment, and services necessary for the support of institutional functions;
8. the communication of the policies and views of the Board to the institutional community and other constituencies and, conversely, communication of the views of the University’s constituencies on appropriate issues to the governing board;
9. the presentation of information to the governing board about the current and prospective condition of the institution, including its goals, accomplishments, and potential problems;
10. the representation of the University to relevant external constituencies;
11. the development and maintenance of academic programs to achieve the institution’s missions and goals;
12. the termination of his or her association with the institution in a professional manner that does not unnecessarily discredit or damage public confidence in the governing board or the institution; and
13. re-delegating authority as deemed necessary.
III.5. Removal
No President of the University may be removed from office during the term for which he or she is appointed except for cause, and after trial by the Board of Regents. (See Sec. 21-1-7 NMSA 1978)
III.6. Place in the University Organization
As shown in the Organization Chart, THE PRESIDENT AND THE INTERNAL AUDITOR
REPORT DIRECTLY TO THE REGENTS. Other individuals and groups within the University, except those responsible for internal auditing, may approach the Board of Regents officially on University business only through the President or in accordance with the procedures contained in this MANUAL relative to appeals or setting the Regents’ agenda. The President may reorganize the structure of the University, subject to the approval of the Board.
As provided in the policy on “Rights and Responsibilities at Western New Mexico University” (See Chapter II), appeals of decisions of the Administration, Faculty, or Student Government should be addressed in writing to the Regents via the President of the University.
The reporting responsibilities of all individuals at the University will be as indicated in the chart and other documents relating to the organizational structure of the University. III.7. Terms and Conditions of Employment
The appointment status, academic rank, tenure status, term of office, compensation, prerequisites of office duties, extent of services, working facilities, expenses, vacations, and other appropriate conditions of employment, shall be set forth in an Employment Agreement which shall be dated and signed by the President and the Chair of the Board of Regents.
III.8. Absences
The President shall establish an order of precedence within his or her Administration which will specify the order in which the University officers will assume temporary responsibility for his/her duties in his/her absence. A current copy of this document will be provided to each member of the Board of Regents.
While the President is completely free to regulate his/her own absences from the University on business or for personal reasons, with vacations as governed by the Employment Agreement, he or she should, as a matter of courtesy, inform the Board of Regents of any protracted absence (e.g., over five working days) and of his/her anticipated date of return.
III.9. Evaluation of the President - (Revised May 10, 2001)
The Board of Regents shall conduct an annual written evaluation of the President no later than March 1 of each year, using the responsibilities listed under item III. 4 and the criteria provided below. The Board wishes to emphasize that the evaluation process should be reviewed as a constructive tool to assist with the growth of the chief executive officer and the University as a whole.
1. Leadership: |
