BOR118_Reasons for Discipline Policy

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POLICY NAME POLICY NO. APPROVING BODY RESPONSIBLE DEPARTMENT
Reasons for Discipline Policy BOR118 Board of Regents Board of Regents
EFFECTIVE DATE VERSION NO. REVISION/REVIEW DATE DOWNLOAD PDF
01-JUL-2024 01 01-JUL-2024 BOR118_Reasons for Discipline Policy PDF

PURPOSE:
The Board of Regents, the WNMU President, and the WNMU community expects that adjuncts, faculty, staff, students, and University affiliates will conduct themselves in a manner that respects the communities of which they are members, creates an atmosphere conducive to learning and working, and reflects positively on the faculty, staff, and students themselves and WNMU. REF: Chapter I.8 & I.9 of the Board of Regents Manual.

POLICY:
I.8. CONDUCT LEADING TO DISCIPLINARY ACTION
Any member of the University community, adjunct, faculty, staff, student, and/or University affiliate who engages in or attempts to commit or engage in any of the following conduct shall be subject to appropriate disciplinary procedures and possible sanctions.

When possible, WNMU will follow the principles of progressive discipline, but sanctions will be determined based on the action and severity. This list is a not all inclusive:

  1. Failure to perform the duties of their positions, fulfill performance expectations of their positions, and/or meet attendance requirements.
  2. Obstruction or disruption, by any means, of teaching, research, administration, disciplinary procedures, or other WNMU activities.
  3. Behavior that discriminates or harasses in violation of WNMU policies and procedures.
  4. Obstruction, disruption, or refusal to participate in WNMU investigation procedures. This includes, but is not limited to, investigations by the Office of Employee and Labor Relations, Office of Civil Rights and Title IX, appeals and grievance procedures.
  5. Unauthorized or prohibited entry into or onto, or unauthorized or prohibited occupation or use of, any WNMU premises or vehicles.
  6. Physical abuse, the threat of physical abuse, intimidation, bullying or other conduct which threatens or endangers the health or safety of any person on campus or at any WNMU premises or activities. Criminal actions which include, but are not limited to, assault, battery, fraud, or embezzlement.
  7. Theft of, damage to, or defacement of property of WNMU or the property of any person on WNMU premises or activities.
  8. Denial of, or interference with any person’s lawful right of access to, use of, or exit from any WNMU premises or with any other lawful right of any person on campus.
  9. Violation of the Weapons Policy.
  10. Forgery, or alteration, or destruction of WNMU documents or property.
  11. Submission of false information, whether verbally or in writing, to WNMU.
  12. Knowingly making false accusations against any member of the WNMU community in an appeal, complaint or grievance filed under any WNMU policy or procedure.
  13. 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 WNMU community will not be tolerated.
  14. Disorderly, lewd, or indecent conduct occurring on campus or at a WNMU premises or activities.
  15. Any act that demonstrates the probability that the person constitutes a physical danger to themselves or others on WNMU premises or activities.
  16. Willfully refusing or failing to leave WNMU property or activities upon being requested to do so by a WNMU authorized representative 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 WNMU.
  17. Violation of the Drug and Alcohol in the Workplace Policy.
  18. Any other acts or omissions that adversely affect the University’s public image or its educational function, or that disrupt community living on campus, interfere with the rights of others to the pursuit of their education, or adversely affect the processes of WNMU.
  19. Violation of the adjunct, faculty, staff, student, or University affiliate applicable Code of Conduct or WNMU policies or procedures.
  20. Retaliation towards any person who assists, participates, and/or reports any conduct that leads to disciplinary actions or investigation.
  21. Aids conspires with others, or incites others to commit any act set forth in this section

POSSIBLE SANCTIONS
Possible sanctions for adjuncts, faculty, staff, students, or University affiliates under the principles of progressive discipline. The level of discipline will be affected by the action and severity. In all cases, documentation of the sanction will be placed in the adjunct, faculty, staff, student, or University affiliate file. In every level of sanction, continued or additional violations will result in additional disciplinary actions up to termination of employment.

  1. Warning means a formal notice, oral or written, of the disciplinary action and expectations.
  2. Performance Improvement Plan means a plan of action or retraining for the employee to make the necessary improvements. Disciplinary actions may be accompanied by a performance improvement plan.
  3. Disciplinary Probation means that a faculty member may be placed on probation for a period not exceeding one (1) year for engaging in any conduct set forth above.
  4. Suspension means temporary removal from employment, with or without pay.
  5. Termination means the end of employment, including cancellation of a contract or at will status.
  6. Expulsion means the end of the academic enrollment of the student at WNMU.

APPEALS
Appeals from any sanction imposed on an employee, student or University affiliate shall follow the channels and procedures established for the appropriate policy or procedure.

I.9. EMPLOYMENT AND DISCHARGE OF PERSONS ADVOCATING SABOTAGE, SEDITION, OR TREASON
No person shall be knowingly employed by WNMU who either directly or indirectly carries on, advocates, teaches, justifies, aids or abets a program of sabotage, force and violence, sedition or treason against the government of the United States or of the State of New Mexico.

When it becomes reasonably apparent to their appointing power that any employee has committed any of the acts hereinabove described it shall be the duty of such employer to refer the data and information available to him to the district attorney of the judicial district wherein such employee resides, and it shall thereupon become the mandatory duty of the district attorney to institute a proceeding in the district court to determine whether the employee has violated this act.

If such court determines that this act has been violated, such employee shall be immediately discharged and shall not be again employed in any capacity by any state department, office, board, commission, or bureau, county, municipality, or other political subdivision, board of education, or school board (Sec. 10-1-1-12 NMSA 1978).