3.25 Equal Opportunity and Prohibition of Unlawful Discrimination

Print Friendly, PDF & Email


Scope: NMSU System

Source: RPM Title 3 | Ethics, Equity and Equal Opportunity

Policy Administrator:

Last Updated: 06/27/2016



ARP 3.26 - Gender Equality and Statement of Principles 

ARP 3.25 - Discrimination, Harassment and Sexual Misconduct on Campus

ARP 3.40 - Process for Disability Accommodation

ARP 18.85 - Interfaith Council

Revision History:

Recompiled 2017
06/27/2016 Amendment approved by Board of Regents
03/10/2014 Amendment approved by Board of Regents

A. Equal Opportunity and Non-Discrimination

Equitable treatment in employment and academic opportunities for faculty, staff and students encourages diversity and is recognized as a source of human excellence, cultural enrichment and social strength. Accordingly, New Mexico State University (NMSU) aspires to develop and support an inclusive university community. NMSU will provide equal opportunities in areas of employment, admission, academics, and access to programs and facilities, without regard to age, ancestry, color, disability, gender identity, genetic information, national origin, pregnancy, race, religion, serious medical condition, sex, sexual orientation, spousal affiliation or protected veteran status, as set forth in federal and state anti-discrimination statutes. NMSU prohibits all forms of illegal discrimination, including harassment, sexual misconduct, interpersonal violence, and retaliation; such conduct interferes with the achievement of NMSU’s educational mission (See the NMSU Notice of Non-Discrimination and Equal Opportunity).


B. Discrimination Reporting and Complaint Processes

NMSU maintains the Office of Institutional Equity (OIE) whose mission shall be to address reports and complaints of discrimination or sexual harassment or sexual misconduct in a prompt, impartial and equitable manner. Where discrimination is found to have occurred, NMSU will act to stop the reported conduct, to prevent its recurrence, to remedy its effects, and to hold accountable through corrective or disciplinary action those found to be responsible for the misconduct. OIE is also authorized to address systemic issues which may be detected during the review and resolution of reports and complaints. Further, OIE is responsible for providing training, information and guidance to the NMSU community regarding rights and responsibilities as they relate to this policy.


C. Gender Equity

NMSU affirms the sex and gender equality of all individuals and is committed to providing sex and gender equity within the NMSU community. NMSU adheres to Title IX of the Education Amendments of 1972, which provides that “no person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity receiving Federal financial assistance”.


D. Title IX Coordinator

The director of the Office of Institutional Equity is designated as the university’s Title IX Coordinator. The Title IX Coordinator oversees all reports and complaints of discrimination on the basis of sex, including disparate treatment, sexual harassment, stalking, sexual assault and other forms of sexual violence, as well as retaliation. Additional Deputy Title IX Coordinators may be designated to work closely with OIE regarding all matters covered by Title IX.


E. Disability Accommodations

Qualified individuals with disabilities are protected from discrimination in hiring, promotion, discharge, pay, job training, and other aspects of employment. New Mexico State University (NMSU) is dedicated to providing equal opportunity through reasonable accommodations for qualified NMSU students, employees and applicants in accordance with state and federal laws.


F. ADA Coordinator

The University will designate one or more individuals to serve as ADA Coordinator(s) to facilitate the University’s efforts to provide reasonable accommodations to qualified NMSU students, employees and applicants in accordance with state and federal laws.


G. Constitutionally Protected Free Expression and Illegal Discrimination

Harassing and other discriminatory misconduct in the workplace or in the academic environment, irrespective of whether it rises to the level of a violation of this policy or federal or state law, compromises the tradition of intellectual freedom and the aspirational values of mutual respect and civility honored by the institution. NMSU respects the rights of all and strongly encourages its students, faculty, staff and visitors to treat each other with respect and civility within the university community. At the same time, NMSU is also committed to the principles of free inquiry and freedom of expression. The right to zealous discussion and debate, even when such discussion includes disparaging or offensive remarks, is a fundamental right protected by the U.S. Constitution. Thus, there is an inherent tension between the important public rights to equal opportunity and non-discrimination, and the right to freedom of expression. NMSU will seek to protect these rights consistent with the U.S. Supreme Court and Tenth Circuit case law interpreting the Constitution and applicable federal and state statutes.


H. Administrative Rules and Procedures

In order to fully implement this policy, the university administration shall adopt administrative rules and procedures that are consistent with this policy.