II. Purpose - This Manual represents a statement of the policies of the Board relating to the
governance of Southeast New Mexico College. This Manual, together with any procedures,
guidelines, and handbooks developed by the President, and all applicable federal and state laws, constitute the fundamental guidelines for the administration of the College

III. Definitions – Each word used in this Policy or Policy Manual shall have its usual and customary meaning unless otherwise defined. The following terms, when used in this Manual, shall have the following meaning unless the context in which such terms are used clearly indicates another meaning:

BOARD: The Southeast New Mexico College Board of Trustees

COLLEGE: Southeast New Mexico College

PRESIDENT: The President of Southeast New Mexico College and Chief Executive Officer to the Board.

If questions arise as to the meaning of a Policy or word therein, those questions should be
directed to the President. However, the Board shall, consistent with applicable law and
regulations, retain ultimate authority to determine the educational policies of the College.

IV. Policy Creation and Delegation

 Adopted by SENMC BOT 8/8/2022

Adopted by SENMC BOT 8/8/2022

I. Non-Discrimination- The College dedicates itself to providing equal opportunities in its
employment and learning environments.

II. Designation of Compliance Officers and Coordinators - The President, administration, and all faculty and employees are responsible for compliance with the College’s non-discrimination Policy and its adherence to all applicable federal and state laws prohibiting discrimination including Title IX. The President shall designate a Title IX Coordinator and shall conspicuously publish the Title IX Coordinator’s name, office location and address, phone number, and email address to students, faculty, executives, and staff. Complaints of discrimination, harassment, sexual violence, retaliation, failure to accommodate, or any other type of discriminatory act or omission may be directed to the College’s Title IX Coordinator and the Human Resource Office. The College’s Title IX Coordinator and Human Resource will also handle a disabled person’s request for reasonable accommodation.

III. Complaints Alleging Violations of this Policy - The President is charged with developing student and employee complaint procedures consistent with this Policy Manual. In addition, any student, applicant, or employee (including faculty and executives) who is concerned about a possible violation of this Policy may contact the College’s Title IX Coordinator and the Human Resource Office. He or she may also submit complaints to with the United States Department of Education, Office for Civil Rights, the U.S. Equal Employment Opportunity Commission, and/or New Mexico Human Rights Bureau. The College takes these complaints very seriously and will promptly take action to investigate and address any complaint.

IV. Annual Training Required – The President shall require that all executives, human resource leaders, Chairs, and all other supervisors at the College, receive annual Title IX training. In addition to legal updates and general Title IX guidelines, the annual training shall cover a) sexual harassment; b) the scope and review of the College’s education programs where the Title IX policy applies; c) how to conduct a Title IX investigation; d) the grievance process including hearings, appeals, and informal resolution; e) and how to serve impartially to avoid bias and conflicts of interest. The President may also direct other personnel to attend the same or similar trainings.

Adopted by SENMC BOT 8/8/2022

 c. Board Recorder: Unless determined otherwise by the Board, the Board Recorder shall be the Executive Assistant to the President. The duties of the Board Recorder shall be:

IV. Duties and Responsibilities

a. The Board possesses and exercises its authority and duties as a collective body and
functions only when it is convened in meetings. Unless specifically authorized by prior
action of the Board, no individual member may speak, obligate, or exercise authority in
the name of the Board of Trustees. The chief duty of the Board is to provide for the
program and welfare of the College and to honor the College’s governance structure. In
this regard, the Board:

b. The Board functions within the framework of laws, court decisions, attorney general’s opinions, and similar mandates and restrictions from external sources. It performs functions as specified by applicable laws and regulations.

c. The Board formulates policies and delegates to the President the function of administering board policies and regulations. The Board is not involved in administrative details, but the Board’s review of administrative procedures and regulations may be undertaken if necessary to the function of policy formulation. In the absences of appropriate policy, the President may need to make decisions using best judgement and consistent with the best practices in higher education.

d. If citizens bring a concern or complaint to an individual Trustee, the Trustee shall refer the citizen to the President, who shall proceed according to appropriate Board policy or College procedure. This does not restrict the Board member from bringing the concern or complaint to the Board.

V. Meetings

a. General Provisions: All meetings of the Board shall comply with the “Open Meetings Act”, Sections 10-15-1 to 10-15-4, so that the conduct of all Board business shall be in compliance with said law.

b. Types of Meetings

c. Public Access

d. Notice Procedure:
i. The procedures for giving public notice of the meeting and agenda shall conform to the requirements of the Open Meetings Act. Reasonable advance notice of a meeting and agenda shall be given of all public meetings of a quorumof the public body. The Act also requires that each public body determine its notice procedure at least once a year. Such reasonable notice for all regular, special, and emergency meetings shall be adopted annually by the Board at oneof its open meetings.

e. Citizen Participation

     iii. Unscheduled Issues Requested for Board Consideration

vii. Written Communication: All written communications to the Board which bear the signatures(s) and address(es) of the person(s) originating the communication shall be transmitted to the Board as a report from the President. Under normal circumstances, the President, as Chief Executive to the Board, shall acknowledge receipt of the written communication and, if some form of action is requested, inform the writer(s) regarding the disposition of the communication.

f. Transaction of Business

1. Call to Order

a. Declare Quorum
b. Approval of previous meeting minutes

a. Instructional Matters

4. New Business

a. Non-Instructional Matters

5. Other Business

a. President's Remarks
b. Calendar of Events

VI. CODE OF ETHICS

The following code of ethics shall govern the actions of Board members of Southeast New Mexico College in the performance of their duties as Board members:

VII. Board Compensation and Reimbursement

a. Board Trustee routinely serve without remuneration other than the reimbursement of actual and necessary expenses incurred in the performance of their official duties. Travel will be reimbursed at the rate set by state law for state employees.

Adopted by SENMC BOT 8/8/2022

II. Authority to Alter Fees and Tuition during Financial Emergency - When a financial emergency is declared by the Board, tuition and fees may be changed outside of the normal budget approval process. Upon the decision to make changes in tuition and fees, the College shall provide notice as soon as possible to students and the community.

III. Preparation of Budget, Income Expenditures, and Financial Reports - The President and Vice President of Business and Finance shall prepare the fiscal year budget of income and expenditures. They shall also provide all other financial reports requested by the Board.

IV. Non-Credit and Contract Classes - The President or other Executives designated by the   resident shall establish tuition and fee charges for noncredit and contract training classes.

• College Council – This Council shall make recommendations, based upon data available, to the President and the Board on matters concerning the College’s business, mission, goals, and other relevant matters. The Council shall consist of two (2) representatives from the Faculty Senate; two (2) representatives from the Administrative Staff and Classified Staff Council; two (2) student representatives from the Student Government Council, and at least one (1) executives other than the President. The President shall serve as the Chair of this Council and shall establish the rules and operating of procedures of the College Council.

• Faculty Senate – The Faculty Senate shall consist of faculty members as determined by the Faculty Senate. The Faculty Senate shall solicit and represent the views of the Faculty Senate to the College Council. The Faculty Senate ensures faculty’s role as

  experts in curriculum, faculty, rank, and other academic matters pertaining to student
  learning outcomes and student success are heard by the President and the Board.
  

  Faculty Senate shall establish its own procedures and bylaws but shall be without power to increase its membership on the College Council or its authority without President and Board Approval. The Faculty Senate will speak and make recommendations on matters through its elected representation on the College Council. The Faculty Senate may also vote to allow a representative of the Faculty Senate to address the Board at any open meeting or work session of the Board.

• Administrative Staff and Classified Staff Council – The Administrative Staff and Classified Staff Council shall consist of nine (9) members who are duly elected by a majority vote of all hourly and salaried employees excluding faculty and executives. Members shall serve staggered one (1) and two (2) year terms. The Hourly and Salaried Staff Council shall solicit and represent the views of the Council to the College Council. The Council shall establish its own procedures and bylaws but shall be without power to increase its membership on the College Council or its authority without President and Board Approval. The Council, by and through its representation on the College Council, ensures hourly and staff concerns, suggestions, and opinions are heard by the College Council.

• Student Government Council - The Southeast New Mexico College Student Government is the student government body of the College. In addition to coordinating the various functions of the Student Government, this organization shall arrange to have student representatives participate in the College Council and standing committees as appropriate.

I. Accreditation - SENMC is accredited by the Higher Learning Commission (HLC) and as one of the first institutions to be admitted to the HLC’s Academic Quality Improvement Program (AQIP) which is a unique accreditation approach focused on continuous quality improvement. Current reaffirmation of accreditation is under the Open Pathway. The associate degree program in nursing offered by SENMC is accredited fully by the Accreditation Commission for Education in Nursing (ACEN). Both the certificate and associate degree programs in nursing are approved by the State of New Mexico Board of Nursing. All vocational programs offered by SENMC are reviewed and approved by the New Mexico Higher Education Department (NMHED). The College holds membership in the Hispanic Association of Colleges and Universities, American Association of Community Colleges, and the American Association of Higher Education. Effective July 1, 2022, SENMC is a member of the New Mexico Independent Community Colleges. SENMC is an active participant in the National Council for State Authorization Reciprocity Agreements. In addition, courses offered by SENMC have been approved for enrollment by those veterans and dependents that qualify for higher education benefits under the various sections of the Veterans’ Education Assistance Act.

II. Duties – The President and the Members of the Executive Leadership are primarily charged by the Board with carrying out the mission, values, goals, and policies of the College, and with maintaining the compliance standards and performance measures as approved by the New Mexico Higher Education Department, the New Mexico State Legislature, and the U.S. Department of Education. The College shall perform in such a  anner to maintain institutional accreditation in the Higher Learning Commission as well as ther appropriate accrediting agencies.

Adopted by SENMC BOT 8/8/2022

Adopted by SENMC BOT 8/8/2022

SOUTHEAST NEW MEXICO COLLEGE BOARD POLICY
Section C – Human Resources - Policy Number 200 – Reporting Alleged Violation of NonDiscrimination Policy
_____________________________________________________________________

 I. Introduction – The College will not tolerate unlawful discrimination, retaliation, harassment, or bullying of any kind in the workplace.

II. Reporting Unlawful Behavior - If you believe you are a victim of malicious, unwelcome, severe and pervasive behavior that either harms, intimidates, offends, degrades or humiliates you, then you must report the behavior to the designated Title IX Coordinator and/or the Human Resource Office. If either is unavailable or non-responsive, or if you are not comfortable making the report, then you should report the behavior to the President. If uncomfortable with reporting to the President, then you must report the alleged behavior to a member of the Executive Team. The College takes these claims seriously. Your claim will be promptly, thoroughly, and impartially investigated. The College also prohibits retaliation against any employee who makes these types of claims. Early reporting and intervention have proven to be the most effective method of resolving actual or perceived incidents of discrimination, retaliation, and harassment in the workplace.
Nevertheless, the availability of this complaint procedure does not preclude individuals who
believe they are being subjected to bullying conduct from promptly advising the offender that his or her behavior is unwelcome and requesting that such behavior immediately stop.

III. Investigations - All employees are expected to cooperate fully with any investigation of these types of claims. To protect the privacy of persons involved, confidentiality will be maintained throughout the investigatory process to the extent practicable and appropriate under the circumstances. Investigations may include interviews with the parties involved, and, where necessary, individuals who may have observed the alleged conduct or who may have relevant knowledge. The College may also place an employee (including executives, tenured faculty, faculty, and staff) on administrative leave with pay pending an investigation. If it is determined that inappropriate conduct has occurred, the College will act promptly to eliminate the offending conduct, and take such action as is appropriate under the circumstances. Such action may range from counseling to termination of employment and may include such other forms of disciplinary action (such as, for example, suspension), as the College deems appropriate under the circumstances and in accordance with applicable law. Independent Contractors or Campus Guests who are found in violation of this policy may also have their contract cancelled and/or be prohibited from coming on campus and/or interacting with employees.

IV. Retaliation Prohibited - The College prohibits retaliation against any person who reports incidents of inappropriate behavior, discrimination, or files or pursues a discrimination claim.

Adopted by SENMC BOT 8/8/2022

SOUTHEAST NEW MEXICO COLLEGE BOARD POLICY
Section C – Human Resources - Policy Number 300 – Title IX and Prohibition Against Sex
Discrimination and Harassment

_____________________________________________________________________

I. Policy – The College is committed to maintaining a respectful and professional environment for its students, faculty, staff, and visitors. This includes having an environment free from discrimination and unlawful sexual misconduct, both on and off campus. Title IX protects people from discrimination based on sex in education programs or activities that receive Federal financial assistance. The U.S. Department of Education's Office for Civil Rights (OCR) enforces Title IX of the Education Amendments of 1972, which states: "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." To help the SENMC community feel safe the Board requires the President to develop and implement Title IX procedure, guides, and trainings designed to make sure all employees and students have the resources they to navigate difficult experiences and continue to have a successful future at SENMC.

II. Gender Based Harassment Prohibited – Title IX and SENMC prohibit gender based
discrimination and harassment. Gender based harassment and/or discrimination shall be
defined as discrimination or harassment based upon one's gender (sex); unfair treatment,
attitudes, or behaviors towards an individual based upon their gender (sex); gender
identity discrimination as covered by Title VII; sexism, sexist attitudes, and sex
stereotyping; unproportioned athletic programs or activities offered to all genders in
relationship to the College's enrollment.

III. Sexual Harassment Prohibited – Title IX and the College prohibit sexual harassment. Federal law defines sexual harassment as unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature, when the conduct: (1) explicitly or implicitly affects a term or condition of an employee’s employment; (2) is used as the basis for employment decisions affecting the employee; or (3) unreasonably interferes with an employee’s work performance or creates an intimidating, hostile or offensive working environment. Such conduct may include subtle or overt pressure for sexual favors; inappropriate touching; lewd, sexually oriented comments or jokes; foul or obscene language; posting of suggestive or sexually explicit posters, calendars, photographs, graffiti, or cartoons; and repeated requests for dates, and stalking. SENMC policy further prohibits harassment and discrimination based on sex stereotyping. (Sex stereotyping occurs when one person perceives a man to be unduly effeminate or a woman to be unduly masculine and harasses or discriminates against that person because he or she does not fit the stereotype of being male or female.)

IV. Sex Violence Prohibited – Title IX and the College prohibit any type of sexual violence. Examples of sexual violence include sexual abuse or assault, battery, or coercion; Unwanted sexual contact that stops short of rape or completed rape; use of force or manipulation of unwanted sexual activity; physical acts where a person is incapable of giving consent or is against a person's will; and domestic violence.

V. Hostile Work Environment Prohibited – Title IX and the College prohibit hostile work environments based upon sex and any other protected characteristic. A hostile work environment is defined as existing when a discriminatory act has occurred thereby creating an adverse setting; an intimidating or offensive environment that causes a person to be fearful; or a setting that denies, limits, or interferes with a person's ability to participate in or benefit from a program, activity, or job. Hostile work environments are further defined by state and federal law.

VI. Retaliation Prohibited – Title IX and the College prohibit retaliation of any kind on the basis that a person has rejected sexual or romantic advances or refused to comply with requests for sexual favors. Title IX and the College also prohibit retaliation against anyone for reporting in good faith alleged violations of this policy.

Adopted by SENMC BOT 8/8/2022

SOUTHEAST NEW MEXICO COLLEGE BOARD POLICY
Section C – Human Resources - Policy Number 400 – Duty of Employees to Maintain Workplace Free of
Harassment and Reporting Violations

_____________________________________________________________________

I. Duties To Maintain Work Environment Free of Harassment - All employees owe a responsibility
of ensuring that the work environment is free from sexual and other harassment and are responsible for the application and communication of this policy within their work areas. The
President, Vice Presidents, and all other supervisors and employees should:

• Encourage employees to report any violations of this policy before the harassment becomes severe or pervasive.
• Make sure the Title IX Coordinator or the Human Resources Department is made aware of any inappropriate behavior in the workplace.
• Create a work environment where sexual and other harassment is not permitted.

II. Procedures For Reporting Sexual Harassment - Employees should report incidents of
inappropriate behavior or sexual harassment as soon as possible after the occurrence. Employees who believe they have been harassed, regardless of whether the offensive act was committed by an executives, supervisor, co-worker, vendor, visitor, or student, should promptly notify the College’s Title IX Coordinator and/or the Office of Human Resources. If he or she is involved in the incident, or unavailable, the employee should report the incident to another Vice President or the President. The College takes claims of harassment seriously, no matter how trivial a claim may appear. All complaints of harassment, sexual harassment, or other inappropriate sexual conduct will be promptly, thoroughly, and impartially investigated by the College. The President may adopt more detailed reporting procedures for alleged violations.

VII. Investigations - The College prohibits retaliation against any employee who reports incidents of sexual harassment, inappropriate behavior, or files or pursues a harassment claim. To the extent possible, all complaints and related information will remain confidential, except to those individuals who need the information to investigate, educate, or act in response to the complaint. All employees are expected to cooperate fully with any ongoing investigation regarding a harassment incident. To protect the privacy of persons involved, confidentiality will be maintained throughout the investigatory process to the extent practicable and appropriate under the circumstances. Investigations may include interviews with the parties involved, and, where necessary, individuals who may have observed the alleged conduct or who may have relevant knowledge. The College may also place an employee (including executives, tenured faculty, faculty, and staff) on administrative leave with pay pending an investigation. It is the College’s policy that the alleged victim not be required to come face to face with the alleged perpetrator during any interview during the investigatory phase.

VIII. Violations of Policy – At the conclusion of a harassment investigation, the complainant and the alleged “harasser” will be informed of the determination. Where appropriate, the “harasser” and the “victim” may be offered mediation or counseling. The College is not, however, required to offer mediation or counseling. The College may take whatever action it deems reasonably appropriate to resolve the allegations and complaint.

If it is determined that a violation of this policy has occurred, the College will act promptly to
eliminate the offending conduct, and take such action as is appropriate under the
circumstances. Such action may range from counseling to termination; and may include such other forms of disciplinary action (such as, for example, suspension), as the College deems appropriate under the circumstances and in accordance with applicable law. Independent Contractors and Campus Guests who are found in violation of this policy may also have their contract cancelled and/or not be permitted upon campus. The victim sexual discrimination, harassment, and/or violence shall be informed of the outcome of any investigation.

IX. Annual Training and Title IX Compliance - The President shall develop and implement an annual training aimed at preventing sexual discrimination, harassment, and violence in the workplace. All employees shall be required to attend and verify in writing that they attended the training. Records of the completed training shall be maintained as part of the employee’s personnel file. The President shall adopt guidelines and procedures to assure compliance with Title IX and this policy. 

Adopted by SENMC BOT 8/8/2022

SOUTHEAST NEW MEXICO COLLEGE BOARD POLICY
Section C – Human Resources - Policy Number 500 – Disability Compliance and Requests for Accommodation

____________________________________________________________________

I. Introduction – The College prohibits discrimination against qualified individuals with disabilities in job application procedures, hiring, firing, advancement, compensation, fringe benefits, job training, and other terms, and conditions and privileges of employment. This policy does not alter the College’s right to hire the best-qualified applicant, but it does prohibit discrimination against a qualified applicant or employee because of his or her disability, or because of a perceived disability. The President shall adopt guidelines and procedures to assure compliance with the law and this policy.

II. Definitions - An applicant or employee is “disabled” if he or she (1) has a physical or mental impairment that substantially limits one or more major life activities; (2) has a record or past history of such an impairment; or (3) is regarded or perceived (correctly or incorrectly) as having such impairment. A “qualified employee or applicant with a disability” is an individual who satisfies the requisite skill, experience, education, and other job-related requirements of the position held or desired, and who, with or without reasonable accommodation, can perform the essential functions of that position.

III. Available Accommodations for Disabled Employees – Qualified applicants or employees who are disabled should request reasonable accommodation from the College if an accommodation is needed to perform a particular job. If you are disabled and you desire such reasonable accommodation, contact the office of Human Resources. If they are unavailable, nonresponsive, or if you are simply uncomfortable making such a request, then please contact any Executives or the President. On receipt of your request the College will meet with you to discuss your disability. The College may ask for information from your health care provider(s) regarding the nature of your disability and the nature of your limitations or take other steps necessary to help the College determine viable options for reasonable accommodation. The College will then work with you to determine whether your disability can be reasonably accommodated, and if it can be accommodated, the College will explore alternatives with you and endeavor to implement a mutually agreeable accommodation.

Please know that the College does not have to provide an accommodation if doing so would cause undue hardship to the College. A reasonable accommodation may take many forms and it will vary from one employee to another. The College also does not have to provide the exact accommodation you want, and if more than one accommodation works, the College may choose which one to provide.

All requests for accommodation should be made in a courteous and professional manner.

IV. Prohibition Against Discrimination and Retaliation - The College prohibits discrimination and retaliating against any employee who requests a reasonable accommodation.

 Adopted by SENMC BOT 8/8/2022

SOUTHEAST NEW MEXICO COLLEGE BOARD POLICY
Section C – Human Resources - Policy Number 600 – Pregnancy and Breast-Feeding Accommodations

_____________________________________________________________________

V. Introduction – Consistent with this policy the College shall accommodate individuals who are pregnant or breast feeding. The President shall adopt guidelines and procedures to assure compliance with this policy.

VI. Pregnancy Accommodation - If you are pregnant, or have given birth within six months, the College shall provide you a right to request and receive a reasonable accommodation. To activate accommodations, you must submit a pregnancy accommodation request to Human Resources or the College’s Title IX Coordinator. The President shall develop procedures for evaluating and determining requests.

VII. Breast Feeding Accommodations- Employees who wish to express milk during the work period shall keep supervisors informed of their needs so that appropriate accommodations can be made to satisfy the needs of both the employee and the College. Breastfeeding employees are allowed to breastfeed or express milk during work hours using their normal breaks and mealtimes. For time that may be needed beyond the usual break times, employees may use personal leave or may make up the time as negotiated with their supervisors. A private room (not a toilet stall or restroom) shall be available for employees to breastfeed or express milk. The room will be private and sanitary, located near a sink with running water for washing hands and rinsing out breast pump parts, and have an electrical outlet. If employees prefer, they may also breastfeed or express milk in their own private offices, or in other comfortable locations agreed upon in consultation with the employee’s supervisor.

VIII. Employee and Student Storage of Breast Milk - Expressed milk can be stored in refrigerators designated by the College. Provided, the College is not liable or responsible for storage or refrigeration of breast milk.

Adopted by SENMC BOT 8/8/2022

SOUTHEAST NEW MEXICO COLLEGE BOARD POLICY
Section C – Human Resources - Policy Number 700 – Prohibition Against Age Discrimination

_____________________________________________________________________

 I. Age Discrimination Prohibited – It is the policy of the College to adhere to the Age Discrimination in Employment Act of 1967 (ADEA) which protects individuals who are 40 years of age or older from employment discrimination based on age. The ADEA's protections apply to both employees and job applicants. Under the ADEA, it is unlawful to discriminate against a person because of his/her age with respect to any term, condition, or privilege of employment including, but not limited to, hiring, firing, promotion, layoff, compensation, benefits, job assignments, and training.

It is also unlawful to retaliate against an individual for opposing employment practices that
discriminate based on age; for filing an age discrimination charge; or for testifying or participating in any way in an investigation, proceeding, or litigation under the ADEA.

The President shall adopt guidelines and procedures to assure compliance with the ADEA and this policy. 

Adopted by SENMC BOT 8/8/2022

SOUTHEAST NEW MEXICO COLLEGE BOARD POLICY
Section C – Human Resources - Policy Number 800 – Hiring and Classification of Employees

_____________________________________________________________________

I. Quality Hiring - The quality of any educational institution's program is dependent on the skills, commitment, and enthusiasm of its employees. The College seeks to employ only the most outstanding personnel available. In return, the College expects all its employees to accept and support the institution's mission and strategic goals. All employees are expected to be aware of and adhere to the policies, procedures, and programs of the College; to devote their professional services and individual skills to the realization of the institution's objectives; and to discharge their duties in such a manner as to reflect credit upon the College.

II. Definition – As used in this Policy the term “employee” shall include all employees including the College’s faculty (tenured and non-tenured) and executives unless otherwise clearly defined.

III. Qualifications - No person shall be eligible for employment by the College in any position for which the person is not qualified by criteria of uniformly applied standards, nor shall a person be eligible who does not otherwise meet the job requirements of the position as prescribed by these policies or other administrative provision.

IV. Compliance with Law and President’s Duty to Develop Hiring Guidelines – The College shall comply with all existing and applicable federal and state laws and regulations in all its personnel actions. It is the policy of the College to provide for equal opportunity in recruitment, employment, compensation, benefits, transfers, layoffs, returns, institutionally sponsored education, training, tuition assistance, social and recreational programs, staff development opportunities and advancement, and all other personnel practices without regard to race, color, religion, sex, national origin, physical and mental disability, age, genetics, sexual orientation, gender identity, or veteran’s status. Consistent with this policy the President shall develop and implement guides and procedures for hiring.

V. Hiring of Executive Positions - The College shall have three Executives: Vice President of Academic Affairs; a Vice President of Business and Finance, and a Vice President of Student Services. The College may, upon recommendation of the President and approval of the Board, establish other executive positions. The President shall establish guidelines and procedures for the recruitment and hiring of Executives subject to the following:

     f) A contract between the College and any Executives shall be for a term of one year.

Provided, the contract may be renewed for an unlimited number of one-year terms,
and the President may also seek Board approval for administrative contract
exceeding one year. The President may also elect to waive any probationary period
for the Executives.

g) The President may select and hire interim executives to fill a vacancy in an Administrative Office. Provided, no interim position shall exceed one year without Board Approval and there must be continuous efforts at filling the position permanently.

VI. Criminal Background Checks - In order to maintain a safe and productive educational environment, the Board authorizes the president to develop and implement policies and procedures to conduct criminal background investigations prior to final appointment, hiring, or promotion decisions for certain relevant job categories.

VII. Prohibition on Requiring Passwords – The College may obtain any information about a prospective employee that is in the public domain. However, the College shall not require any prospective employee to provide a password in order to gain access to the prospective employee's account or profile on a social networking web site or to demand access in any manner to a prospective employee's account or profile on a social networking web site.
Provided, nothing in this section shall limit the College’s right to: a) have policies regarding workplace internet use, social networking site use and electronic mail use; and b) monitor usage of the employer's electronic equipment and the employer's electronic mail without requesting or requiring a prospective employee to provide a password in order to gain access to the prospective employee's account or profile on a social networking web site. This provision shall also not be construed to prohibit federal, state or local law enforcement agencies from conducting background checks as required by law.

Adopted by SENMC BOT 8/8/2022

SOUTHEAST NEW MEXICO COLLEGE BOARD POLICY
Section C – Human Resources - Policy Number 900 – Employment Classification, Terms, and Workloads

_____________________________________________________________________

I. Regular Employee – Regular employees are hired to fill regular full-time position and successfully completed his or her probationary period. Regular employees do not include
executives or faculty

II. Executive and Faculty – An executive employee is an employee employed in a full-time
executive capacity. A faculty member is a member of the faculty and includes all tenured,
non-tenured, and tenure track employees.

III. Adjunct Faculty – A faculty member that is hired to teach a specific course or subject on a part time basis.

IV. Temporary or Part-Time Employee – A temporary employee is hired to fill a full- or part-time position for usually a short and specific period of time such as seasonal workers. A part time employee is an employee that works less than twenty (20) hours per week.

V. Probationary Employee – All new hires, including newly hired regular employees, executives, and faculty, shall have a probationary period unless waived as set forth herein.
The probationary period is an essential part of the employment process and is used as an
assessment period for the employee. During the probationary period the employee may be
terminated with or without cause. The College’s progressive discipline and adverse employment processes do not apply to any employee within his or her probationary period
including executives and faculty who have not completed his or her probationary period.
However, if a probationary employee feels he or she has been a victim of any type of illegal
discrimination or act, then he or she should immediately report the allegation to the Title IX
Coordinator and/or the Human Resources Department.

The probationary period for all regular employees shall be the first six months of employment with the College. For all executives and newly hired faculty the probationary period shall be the first year of employment unless modified by the President. The President shall have discretion to waive the probationary period for newly hired regular employees, faculty, and executives. This probationary period shall run concurrently with any tenured track faculty probationary period.

VI. Employment Classifications - The President shall establish and adopt guidelines for classification of all employees into appropriate employment categories (Administrative and
Classified) in compliance with the Fair Labor Standards Act and New Mexico law.

Adopted by SENMC BOT 8/8/2022

SOUTHEAST NEW MEXICO COLLEGE BOARD POLICY
SECTION C – Human Resources – 1000 Promotion and Tenure Policy

_____________________________________________________________________

I. Statement of Policy - The mission of Southeast New Mexico College is to provide students the resources necessary for them to fulfill their educational potential so that they may help meet the needs of their community as well-trained, well-educated, and productive citizens.

The College provides open access to quality education, to support economic and cultural life in Eddy County and New Mexico, and to provide workforce development and contract training in support of economic and community development. Southeast New Mexico College provides traditional liberal arts education, career and technical training, contract training, community interest classes, and developmental education. Every effort is made to keep programs and curricula flexible in order to accommodate varied and expanding community educational needs. Since Southeast New Mexico College primary role is teaching that leads to student learning, more emphasis is placed on teaching and related activities than the other criteria in the evaluation process.

Promotion and tenure are a mechanism for the College to reward and retains its most valued teachers, sustain excellence in its instructional disciplines, and fulfill its mission to advance knowledge. The quality of faculty accomplishments in teaching and related activities, scholarship and creative activities, extension and outreach, leadership, and service largely determine the quality of the College as a whole. The granting of tenure or promotion to faculty represents a prediction by the College that the individual concerned will continue to make substantial contributions to the profession and Southeast New Mexico College.

II. President’s Duty to Establish Tenure Guidelines and Procedures for Tenure – The President shall adopt criteria, guidelines, and procedures for tenure. The criteria, guidelines, and procedures must rely upon basic principles to be effective. The processes must be fair, transparent, and participatory. The President shall set processes for faculty involvement. These values mean that decisions must be made without regard to race, national origin, gender, gender identity, age, disability, political beliefs, religion, marital status, sexual orientation, special friendships, or animus towards candidates, taking care to avoid conflict of interest, structural, institutional, or habitual thoughts and patterns that could lead to discrimination. Southeast New Mexico College values the richness that inquiry based upon intellectual and cultural differences brings to the College community.

The criteria, guidelines and procedures established must be clear and readily available to all participants and must be followed by all participants at each level of the promotion and tenure process. Therefore, it is imperative that clear standards for annual performance evaluation, promotion, and tenure be articulated and broadly publicized. Faculty members are not entitled to promotion in rank or tenure based merely on years of service. Applicants for tenure or promotion must be judged on their performance of the duties assigned to them, following agreed-upon allocations of effort.

III. Tenure Track Faculty - Faculty on tenure track serve six consecutive probationary years. The probationary period begins with the first year of the contract. During the sixth year, a case for tenure and/or promotion is made by the faculty member and considered by the university.

Those achieving tenure are awarded a continuous contract at the end of their sixth year, while those not awarded tenure are given a one-year terminal contract for their seventh and final year of employment at SENMC. There may be exceptions, however, to shorten or lengthen the normal six-year probationary period.

IV. Non-Tenure Track Faculty - Are full time faculty employed on an annual contract.

Adopted by SENMC BOT 8/8/2022

SOUTHEAST NEW MEXICO COLLEGE BOARD POLICY
Section C – Human Resources - Policy Number 1100 – Employee Records

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 I. Introduction – The Human Resources Director is designated as the custodian of personnel records of the faculty and staff and the records of applicants seeking employment at the College.

II. Inspection Policy - Any authorized person and in the performance of their job duties, who wishes to inspect the contents of a personnel file or applicant file may do so upon approval of the Human Resources Director.

III. Release of Information - Except as required for use by the president in the discharge of official responsibilities, the custodian of records shall release personnel file contents only upon authorization, in writing, from the employee affected, or the president, or upon order of a court of competent jurisdiction.

IV. President’s Duty to Establish Guidelines and Procedures – The President shall establish and maintain guidelines and procedures for maintenance and inspection of employee records. The guidelines and procedures shall be consistent with these policies. 

Adopted by SENMC BOT 8/8/2022

SOUTHEAST NEW MEXICO COLLEGE BOARD POLICY
Section C – Human Resources - Policy Number 1200 – Employee Evaluations, Recognitions, and Awards

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 I. Philosophy - The Board adopts the concept that recognition of meritorious work through a strong evaluation system will result in improvement of performance.

II. Evaluation System - The President, in conjunction with the applicable committees, shall develop and maintain appropriate evaluation systems for salaried and hourly staff, executives, and all full-time and adjunct faculty members and cause these evaluation systems to be made available to all employees.

III. Recognition - Southeast New Mexico College recognizes the contributions made to the institution by employees for years of service. A program of recognition will be established by the College to acknowledge outstanding performance of faculty and staff members.

IV. Awards - The President, working in conjunction with faculty and staff, will develop transparent criteria for annual awards celebrating excellence in teaching and in service, as well as staff excellence. Awards will be determined by a committee including appropriate members (including former award winners and applicable executives).

Adopted by SENMC BOT 8/8/2022

SOUTHEAST NEW MEXICO COLLEGE BOARD POLICY
Section C – Human Resources - Policy Number 1300 – Family Medical Leave and Request Procedures

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 I. Introduction – The College understands the need for employees to take time off work when they have a serious health condition, when their spouse, children or parents have a serious health condition, when they are caring for a new baby or an adopted or foster child, and when they are impacted by military deployment or other military activity associated with being called to active duty. The College has established this policy to address those concerns for employees and to comply with the Family and Medical Leave Act (FMLA).

Employees who are determined to be eligible under the terms of the FMLA are allowed up to 12 weeks of unpaid leave within a 12-month period for family- or health-related reasons or 26 weeks in a single 12-month period to care for a covered military service member with a serious injury or illness if the employee is the spouse, son, daughter, parent or next-of-kin of the covered service member. An employee who takes FMLA leave will be reinstated to the same or equivalent position with equivalent pay and benefits when they return to work following the leave period.

Employees who experience a catastrophic illness or who have an emergency, such as COVID or an accident, but have insufficient leave accrued shall be eligible for a pool of hours. For details, see Section C, Part 7.

The terms and requirements of this Policy shall adapt and change in accordance with the FMLA and any other applicable law.

II. Definitions – When used in this policy, the terms or phrases below shall have the following meanings:

1. Call to active duty - Leave taken because of a qualifying exigency refers to a Federal call to active duty. State calls to active duty are not covered unless under order of the President of the United States, pursuant to one of the provisions of law identified in 29 CFR § 825.126(b)(2) of the FMLA regulations.
2. Continuous Leave - Leave taken for circumstances when an employee needs to be out for an extended, continuous period of time such as when they are caring for a baby or child.
3. Covered Military Member - A member of the Regular Armed Forces while on duty during the deployment of the member with the Armed Forces to a foreign country. It also is a member of the Reserve components of the Armed Forces (members of the National Guard and Reserves) while on duty during the deployment of the member with the Armed Forces to a foreign country under a Federal call or order to active duty in support of a contingency operation.
4. Employee - Employee is any member of the College workforce: all staff (regular full-time, regular part-time, term, temporary, probationary and sensitive position); all student employees; all faculty (full-time, part-time, adjunct and probationary); all executives, including interim; all contract employees.
5. In Loco Parentis - Means demonstrating the intent to and accepting the responsibility for acting as a parent to another.
6. Intermittent Leave - Short, recurring periods of required leave such as when a medical condition requires ongoing treatment of a short duration.
7. Health Care Provider - Provider of services as defined in the Social Security Act, of medical or health services.
8. Health Care Provider Certificate - Is the certification of a serious health condition issued by a Health Care Provider on an approved form.
9. Reduced Leave - Leave taken when an employee needs to work on a shorter schedule
   than normal because of their medical condition.
10. Serious Health Condition - An illness, injury, impairment, or physical or mental condition that involves inpatient care.
11. Son or Daughter - A biological, adopted, or foster child, a stepchild, a legal ward, or a child of a person standing in loco parentis , who is either under age 18, or age 18 or older and "incapable of self-care because of a mental or physical disability" at the time that FMLA leave is to commence.
12. Son or Daughter of Covered Service Member - A covered service member's biological, adopted, or foster child, stepchild, legal ward, or a child for whom the covered service member stood in loco parentis, and who is of any age.
13. Son or Daughter of Covered Active Duty or Call to Covered Active Duty Status - The employee's biological, adopted, or foster child, stepchild, legal ward, or a child for whom the employee stood in loco parentis, who is on covered active duty or call to covered active duty status, and who is of any age.
14. Spouse - Husband or wife as defined or recognized under State law for purposes of marriage in the State where the employee resides, including common law marriage in States where it is recognized. Spouse also includes Domestic Partners.

III. Eligibility - To be eligible for benefits and leave under FMLA, an employee must have been employed by the College for at least 12 months and must have worked at least 1,250 hours over the previous 12-month period. The 12 months need not be consecutive but must otherwise meet time requirements. The 1,250 hours must have actually been worked. Therefore, paid annual leave, sick leave and leave under FMLA are not included in the 1,250 hours. The leave period is calculated as 12 months going forward from the date the first FMLA leave begins.

IV. Reasons for Allowed Leave - Eligible employees are allowed up to 12 weeks of unpaid leave in a 12-month period for the following reasons:

1. For the birth and care of a newborn child if the leave is taken within the first 12 months after the birth of the child;
2. For the placement and care of an adopted or foster child who is under the age of 18 unless the child over the age of 18 is unable to provide self-care due to mental or physical disability which must be concluded within 12 months of the placement; To care for a spouse with a serious health condition;
3. To care for a child, which includes adult children (i.e., one who is 18 years of age or older) with a mental or physical disability which renders the child incapable of self-care because of that disability, a foster child, a step child, or a legal ward with a serious health condition;
4. To care for a biological parent, or person who stood in loco parentis to an employee when the employee was a son or daughter (parents-in-law generally are not within this definition) with a serious health or medical condition;
5. To take medical leave when the employee is unable to work because of a serious health condition, or
6. To take care of any qualifying exigency arising out of the fact that the employee’s spouse, son, daughter or parent is a covered military member on active duty (or has been notified of an impending call or order to active duty) in support of a contingency operation.
7. To care for a covered service member with a serious injury or illness, the employee is entitled to take FMLA leave for up to a total of 26 weeks in a single 12-month period if the employee is the spouse, son, daughter, parent or next of kin of the covered military service member;
8. While the employee’s spouse, son, daughter or parent (the “covered military member”)
   is on active duty or call to active-duty status, the employee may request FMLA for qualifying exigencies as defined in the FMLA regulations:
   1. i. short notice deployment
   2. military events and related activities
   3. childcare and school activities
   4. financial and legal arrangements
   5. to attend counseling
   6. rest and recuperation
   7. post-deployment activities.
9. For parental care, the parent of the military member must be incapable of self-care and must be the military member’s biological, adoptive, step, or foster father or mother, or any other individual who stood in loco parentis to the military member when the member was under 18 years of age.

V. Types Of Leave - This policy and the FMLA provide for different types of leave.

1. Continuous Leave - Employees may take continuous leave when there is a need for extended continuous time off. Continuous FMLA leave will be granted if it is medically necessary for an eligible employee’s own serious health condition, to care for a family member with a serious health condition, or to allow for time to work exigencies related to a family member’s active duty or call to active duty status. An employee requesting such leave will be required to provide certification setting out the need for the leave.
2. Intermittent and Reduced Schedule Leave - Employees may take recurring leave for a few days or a few hours (in increments of no less than a half hour each) or on a reduced schedule in certain circumstances. Any request for intermittent leave or a reduced schedule must be approved by the supervisor. The supervisor, prior to determining whether to accept such a schedule, shall work with the Office of Human Resources and the employee to determine whether the workload can be adjusted to accommodate the employee’s request.

VI. Employee’s Duty To Request Leave - Employees should submit a request for FMLA leave to the Office of Human Resources at least 30 days in advance of the date the leave is expected to begin. In cases where the need for leave is for a serious health condition of the employee or the spouse, child or parent of the employee and the need for leave is foreseeable, the employee should make a reasonable attempt to schedule the treatment so as not to unduly disrupt the operations of the College. The employee should consult with and obtain the approval of their health care provider in determining what is reasonable.

In cases where the date of the treatment requires leave to begin in less than 30 days, the employee should request the leave as soon as possible. If the leave is required as a result of an emergency situation, the employee or a representative of the employee should notify the Office of Human Resources as soon as possible, but, in any case, within three working days of the emergency.

When a supervisor becomes aware an employee requires leave that qualifies under FMLA, the supervisor must notify the Office of Human Resources immediately, and a representative will coordinate with the employee to complete the necessary paperwork. FMLA leave may be initiated in any event, even in the absence of an employee request.

• Required Forms for Requesting Leave - Forms for requesting leave shall be provided by the Office of Human Resources. The President shall ensure that such forms are developed and available. The form will include the anticipated start and end dates of leave requested and the reason for the leave. The application form and a health care provider certification form are required prior to Human Resources approval. The Office of Human Resources will notify the employee within two days of receiving the completed request whether or not the employee qualifies for FMLA leave.
• When the need for FMLA leave is foreseeable at least 30 days in advance and an employee fails to give timely advance notice with no reasonable excuse, the College may delay FMLA coverage until 30 days after the date the employee provides notice. The need for leave and the approximate date leave would be taken must have been clearly foreseeable to the employee 30 days in advance of the leave.
• When the need for FMLA leave is foreseeable fewer than 30 days in advance and an employee fails to give notice as soon as practicable under the particular facts and circumstances, the extent to which the College may delay FMLA coverage for leave depends on the facts of the particular case.
• When the need for FMLA leave is unforeseeable and an employee fails to give notice as soon as possible (either personally or via a representative) the College may delay the onset of FMLA leave.
• Spouses Maximum Combined Leave - Spouses who are both employed by the College each are entitled to a maximum non-concurrent leave of 12 weeks during any 12-month period if the leave is taken to care for a newborn or an adopted or foster child, or if it is to care for a child or parent with a serious health condition. Parents who are active co-parents of a newborn or an adopted or foster child, or a child with a serious health condition, are also entitled to consecutive 12-week periods of family medical leave under the same conditions as married parents.

VII. Health Care Provider Certificate Required - At the time the leave is requested, the College will require employees to provide a health care provider certificate from their health care provider if the FMLA leave they request is for a serious health condition. The information required will depend on the type of leave requested but generally must include:

• the date on which the serious health condition began;
• the likely duration of the condition or required treatment;
• a statement that due to the serious health condition the employee is unable to perform the functions of their employment; and
• a detailed description of any limitations (e.g., sitting, standing, lifting, etc.) the employee
  may have.

The certificate does not need to include general information about the employee’s general health or information about health conditions unrelated to the serious health condition for which leave is requested. If the leave requested is to care for a spouse, child or parent with a serious health condition a statement that the employee is needed to care for that individual and an estimate of the duration of that need. If the leave is foreseeable, the employee should provide the certificate before they begin their leave. If the leave is not foreseeable, the certificate should be requested within two business days after the leave begins and must be provided to the Office of Human Resources within 15 calendar days after the request, or as soon as reasonably possible. Employees who are unable to obtain a certificate from their health care provider after making reasonable attempts to acquire one should advise the Office of Human Resources.

• If the College has reason to doubt the validity or adequacy of the health care provider certificate provided by the employee, the College may direct the employee to obtain supplemental information from the employee’s provider. Alternatively, the College may, at the College’s expense, request that the employee obtain the opinion of a second health care provider designated or approved by the College to certify the need for the requested leave. The designated or approved health care provider shall not be an individual employed on a regular basis by the College. If the second opinion materially differs from that provided in the original health care provider certificate, the College may require that the employee obtain, at the College’s expense, the opinion of a third health care provider, designated or approved jointly by the College and the employee. The opinion of the third health care provider will be final and binding on the College and the employee.
• College may require that employees submit a recertification form upon request for extension of the leave and in case of substantial change of circumstances. The Office of Human Resources will notify the employee if another health care provider certificate is required. The employee must furnish the recertification within 15 calendar days after the College’s request, unless it is not practicable to do so. The health care provider recertification will be at the employee’s expense.
• Certification of Covered Service Member:
  
  • When leave is taken to care for a covered service member with a serious injury or illness the employee will be required to obtain a Certification for Serious Injury or Illness of Covered Service Member for Military Family Leave completed by an authorized health care provider of the covered service member.
  • When leave is taken due to a qualifying exigency, the employee will be required to submit a completed Certification of Qualifying Exigency for Military Family Leave.
  • The employee must provide the requested certification to the College within 15 calendar days after the College’s request, unless it is not practicable under the circumstances to do so. If the employee does not produce the requested health care provider certification within 15 calendar days after receiving notice from the College that health care provider certification will be required, the College may delay the taking of FMLA leave until the required certification is provided, and the employee may forfeit the employee’s rights and benefits under the FMLA, such as reinstatement to the same or equivalent position and reinstatement of benefits.

VIII. Substitution of Paid Leave. Although employees are allowed up to 12 weeks or 26 weeks of unpaid leave under this policy, if they have any accrued, unused annual leave, or sick leave, they must first use that leave prior to taking leave without pay.

IX. Outside Employment. Employees who are approved to receive FMLA leave for their own serious health conditions may not work during their normally scheduled SENMC working hours for outside employers while they are on FMLA leave.

X. Donated Leave. The College allows other SENMC employees to donate their accrued annual leave to a fellow employee in some circumstances. If an employee would like to request donated leave while on authorized and approved FMLA leave, the employee should request donated leave specifying the reasons and number of days requested to the Office of Human Resources. Any employee requesting donated leave must first use all of their own accrued leave, which includes both sick and annual leave. Employees who are receiving donated leave because of their own serious health conditions may not work for outside employers while receiving donated leave.

XI. Restored to Position - When an employee returns to work after taking leave under this policy, they will be restored to the position they held prior to taking the leave or to an equivalent position with equivalent benefits, pay and other terms and conditions of employment. An employee who returns from FMLA leave does not have any greater entitlement to reinstatement or to any other benefits provided to College employees than if the employee had not taken FMLA leave. Furthermore, an “equivalent job” means a job that is virtually identical to the original job in terms of pay, benefits, and other employment terms and conditions (including shift and location).

XII. Negative Employment Decisions for Use of FMLA Prohibited. While on leave, the employee is subject to being evaluated on the same criteria as active employees for salary adjustment, work reassignment (upon return) and reductions in force, as if they were present in the workplace. However, under no circumstances may the fact that the employee is on FMLA leave be considered as a basis for an employment decision.

XIII. Continuation of Benefits. An employee will not lose any employment benefit while away on leave but employment benefits such as vacation or annual leave will not accrue while they are away on leave without pay status. Employees on FMLA leave without pay status are not eligible for holiday pay. The College will maintain coverage for the employee under its group health plan and other benefit plans. Employees are responsible for their normal share of their health care and other benefit premiums during their leave.

XIV. Fitness for Duty. The employee is required to provide a certificate from their health care provider stating they are fit for duty when they return to work. This certificate may, at the choosing of the employee, include recommendations for accommodation under SENMC Policy.

XV. Interaction With Other Laws - The FMLA may coincide with other federal and state laws. For example, employee’s workers’ compensation absence may be due to an on-the-job injury or illness that also qualifies as a serious health condition under the FMLA. In this scenario, the workers’ compensation absence and FMLA leave may run concurrently. Although an employer may offer the employee a light duty position under workers’ compensation rules, the FMLA does not require the employee to accept the light duty position. The employee may decline the light duty position and continue on FMLA-protected leave until able to return to the same or equivalent job he or she left. If the employee does not accept the light duty position, however, he or she may lose workers’ compensation benefits.

XVI. Guidelines, Procedures, and Amendments – The President shall adopt guidelines and procedures for family medical leave. The President shall also have authority to modify and amend this policy and procedures set forth herein to be consistent with any modifications or changes in the law.

Adopted by SENMC BOT 8/8/2022

SOUTHEAST NEW MEXICO COLLEGE BOARD POLICY
Section C – Human Resources - Policy Number 1400 – Military Leave

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I. Introduction and Scope –Introduction - The College will provide short-term or full-time military leave to all employees (including probationary employees), executives, and faculty, who are serving in the armed forces or other service in the uniformed services, as appropriate and in compliance with federal and state law and mandates. 

I. Military Leave Procedures - Employees are required to give advance written or verbal notice to their supervisor and Human Resources of an absence for military leave unless the military prevents it or it is otherwise impossible or unreasonable.

II. Insurance – The College will continue medical, dental, and life insurance benefits at the same level as the time of the call to active military service for 30 days beyond the date the employee begins active military duty. To extend salary during these 30 days, the employee may use shortterm military leave or accrued vacation or both. Beyond these 30 days, the College will treat other basic employee benefits as any other employee taking a leave of absence without pay.

Employees may continue health insurance benefits by paying the premiums for such benefits under the COBRA continuation provisions.

III. Retirement - The College will give retirement benefit accruals for the period of military leave to employees enrolled in a College retirement plan and whose employment is interrupted by active military service. The College will pay retirement premiums for employees called to active duty for a cumulative period not to exceed five years and up to an extra 90 days for reinstatement of employment. The College will pay premiums at the approved rate, and based upon the employee's compensation at the time of entry into active military service. Provided, the individual must return to employment at the College upon receiving an honorable discharge from military service to qualify for state retirement plan accruals and may be required to validate the discharge by presenting verification forms from the armed services.

IV. Guidelines, Procedures, and Amendments – The President shall adopt guidelines and procedures for military leave. The President shall also have authority to modify and amend this policy and procedures set forth herein to be consistent with any modifications or changes in the law.

Adopted by SENMC BOT 8/8/2022

SOUTHEAST NEW MEXICO COLLEGE BOARD POLICY
Section C – Human Resources - Policy Number 1500 – Workers Compensation

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 I. Introduction - Workers Compensation laws are in place to protect the employer and the employees. The College provides Workers Compensation insurance to all employees in case of work-related illnesses and injuries. The College conducts and oversees all activities related to this policy in compliance with all state and federal requirements.

II. Duty To Maintain Notice - The Office of Human Resources (OHR) shall post and maintain notices about the availability of Workers Compensation insurance for work-related illnesses and injuries.

III. Duty To Report - Employees shall report all work-related illnesses and injuries to their supervisor and the Human Resources immediately upon occurrence. A failure to make a timely report may result in discipline including termination.

1. Employees and supervisors shall thereafter complete appropriate reports; and
2. Employee shall see a physician as required and shall follow their instructions regarding
   work limitations. Physician orders regarding work limitations are to be provided to the
   Office of Human Resources.

IV. Guidelines, Procedures, and Amendments – The President may adopt additional reporting procedures and guides that are consistent with this policy and the law. The President shall further the cause by calling for the Office of Human Resources to post annual notices and report to the state and federal authorities as provided by the regulations.

Adopted by SENMC BOT 8/8/2022

SOUTHEAST NEW MEXICO COLLEGE BOARD POLICY
Section C – Human Resources - Policy Number 1600 – Prohibition on Improper Relationships

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I. Introduction – Appropriate relationships among employees and students are valuable, and can include roles such as mentor, advisor or informal counselor. Thus, employees are expected to demonstrate respect for everyone within the College community and do their jobs free of improper considerations related to interpersonal relationships.

II. Prohibited Relationships - All employees are prohibited from:

a. Having a romantic or sexual relationship with a student under the age of 18.

b. All employees are prohibited from having interpersonal relationships with co-workers
and students that substantially interfere with their job performance.

c. All employees are prohibited from allowing personal feelings about someone to influence their job performance.

d. All employees are prohibited from evaluating the work of a near relative or of someone with whom they are in a romantic or sexual relationship or if potential exists for such a relationship.

III. Procedure for Exceptions - A faculty member may obtain an exception to the prohibitions in this Policy at Paragraph II, (d) if the faculty member’s supervisor and the Vice President of Academic and Student Affairs agree that:

a. There is a compelling academic interest involved, such as the class is required to complete a course of study;

b. After inquiry with the faculty member, student or both, there is no reasonable cause to believe that coercion exists, and the faculty member’s supervisor is satisfied that criteria for grading and measures to address any other potential conflicts of interest have been sufficiently discussed with the student, the faculty member; and

c. Consideration has been given to having another faculty member assigned to grade the student’s work.

d. A faculty member may also seek approval from the Vice President of Academic Affairs to allow a student to enroll in the class of a faculty member with whom the student has a consensual relationship or is a near relative of the student if the class is a noncredit course or is being audited and the faculty member will not perform any formal evaluation of the student’s work.

Adopted by SENMC BOT 8/8/2022

SOUTHEAST NEW MEXICO COLLEGE BOARD POLICY
Section C – Human Resources - Policy Number 1700 – Employee and Campus Expectations/Code of Conduct

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I. Introduction – The College requires all employees to adhere to the following standards of conduct in dealing with other employees, including staff and faculty, students, visitors, and the community. Any employee found in violation of this Policy may be subject to appropriate discipline including termination.

II. Standards of Conduct and Expectations – The President, executives, faculty, staff (hereafter jointly referred to as “employee/employees”), along with campus guests and contractors, shall adhere to the following standards of conduct and expectations where applicable:

SOUTHEAST NEW MEXICO COLLEGE BOARD POLICY
Section C – Human Resources – Policy Number 1800 - Managing Inadequate Performance, Discipline, and Termination of Regular, Temporary, and Part-Time Employees

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I. At-Will Employees – All regular, part-time, and temporary employees are considered at-will employees, and although the College has a progressive discipline policy, any regular, temporary, or part-time employee may be terminated at any time with or without cause. Severe conduct for which immediate termination is appropriate without progressive discipline may include, but is not limited to the following:

• Engaging in gross unprofessional conduct or acts of moral turpitude
• Committing fraud in securing appointment.
• Exhibiting incompetency in their work.
• Exhibiting inefficiency in their work.
• Serious neglect of duties.
• Engaging in repeated acts of insubordination.
• Engaging in acts of child abuse or child molestation.
• Engaging in acts of dishonesty.
• Being under the influence of alcohol while on duty.
• Engaging in the use, possession, or distribution of narcotics or habit-forming drugs.
• Unexcused absence from work including unexcused absence from mandatory trainings, meetings, and work related events.
• Engaging in willful disobedience.
• Being involved in misuse or unauthorized use of school property.
• Being involved in excessive absenteeism.
• Possessing alcohol on school-owned property.
• Carrying or possessing a weapon on school grounds unless they have obtained specific authorization from the appropriate school executives.
• Engaging in ethical misconduct by inappropriate touching, sexual harassment,
  discrimination or intended behavior to induce a child into engaging in illegal, immoral or other prohibited behavior.
• Racialized aggression defined as any aggressive act which can be characterized,
  categorized or which appears as such to be racial in nature. Such aggression is prohibited.
  Violation of law that substantially related to the employee’s fitness for duty.
  Any willful violation of policy that if committed could potentially result in the College
  having liability.
  
  

An employee may be disciplined or terminated even if the prior disciplinary actions were issued by a different supervisor or for different job performance issues. No employee may be disciplined for reasons that violate the law.

Notwithstanding the provisions of this Policy, any executive (including the President) and supervisor may immediately suspend and remove from the work environment any employee who poses a clear and present danger to himself/herself or to others; who is committing or has committed a criminal act; or who otherwise is incapable of fulfilling the obligations of a job. In such cases, the employee may be asked to leave the work site. A determination will be made as to whether the suspension time will be deemed paid or unpaid.

II. Regular Employees – A regular employee who has satisfied the probationary period may receive progressive discipline depending on the severity of the offense. The Progressive Discipline process should provide the employee with notice when job performance or conduct standards are not met and of the action needed to improve the deficiency; If a situation warrants corrective action, the progressive discipline process may include:

1. Initial verbal warning;
2. Written warning with a possible corrective action or performance improvement plan and/or mandatory training;
3. Reassignment, Suspension without pay, or demotion from employment; or
4. Termination.

Each step need not be taken in each case. Depending upon the circumstances, the College may take any appropriate disciplinary action starting at any step, including termination; or may impose other appropriate discipline. The College may also place a Regular Employee on paid leave while it investigates whether violations of policy occurred.

III. Discipline Resulting in Adverse Action Against Regular Employee – Any proposed adverse disciplinary action against a regular employee will be reviewed and approved by the President prior to imposing such action. This requirement is solely for purposes of making sure policy is being followed; and this requirement shall not be interpreted as a determination by the President that discipline is warranted. Adverse action shall be defined as: a) Suspension without pay; b) Demotion resulting in loss of pay; c) Discharge; and d) Requiring employee make payment for intentionally or negligently damaging College property. If such discipline is recommended and the employee believes the discipline violates his or her rights, then the affected employee will be given the opportunity to participate in a pre-disciplinary hearing, the purpose of which is to provide the employee with ample opportunity to rebut the recommended action consistent with the minimum standards of due process. It is the responsibility of the Regular Employee against whom adverse action is proposed to request a hearing within forty-eight (48) hours of receipt of the notice of adverse action. It is not mandatory that a Regular Employee avail himself or herself of the right to a pre-determination hearing. Employees will not be required to appear for a hearing. However, failure to appear at such hearing after requesting a hearing shall be deemed an acceptance of the discipline, and a waiver and abandonment of all rights to contest the discipline.

The pre-disciplinary hearing shall be presided over in an impartial and unbiased matter by the President or the President’s designee. The hearing shall be informal in nature and shall not require adherence to the rules of evidence. The hearing shall be recorded - and documents submitted into evidence preserved.

Both sides will be given opportunity to present evidence, testimony, and argument in support of their positions. The supervisor, chair, or executive recommending adverse action, or his or her designee, shall present the evidence, testimony, and argument that forms the basis for the proposed adverse action. The affected employee may be represented at the hearing by a person of his or her choice. The affected employee may present evidence, testimony, and argument to rebut the proposed adverse action. Cross examination will be allowed, but examinations shall not be in an overly aggressive, harassing, or hostile form. The Parties shall set a general goal of completing the hearing within 60 minutes; and shall not engage in unnecessary delays, arguments, presentations, or examinations. Within five (5) working days after the hearing, the President or the President’s designee will issue a written determination either affirming, reversing, or modifying the original recommendation for adverse action. The affected employee will be provided a copy of the written determination prior to the imposition of any adverse action and such letter shall be kept in the employee’s personnel file. 

The right to a pre-disciplinary hearing shall not alter, amend, or modify the at-will status of the Regular Employee. The purpose of the pre-disciplinary hearing is solely to provide a check and balance on adverse action so that employee’s rights are not violated. 

IV. Letter of Exception - Any employee may submit a letter of exception to the imposition of discipline, disputing the grounds for the decision, to be included in the employee’s personnel file.

V. Confidential Information and Student Data - Any hearing or portions of a hearing that will involve student testimony, or testimony that confidential information including student information must be closed and not open to public.

VI. Defects In Notice – Any minor deficiency in the notice provided pursuant to this policy shall not be grounds for reversal of the discipline.

VII. Non-Application to Part-Time and Temporary Employees - Progressive discipline and the adverse employment processes shall not apply to part-time and temporary employees.

Adopted by SENMC BOT 8/8/2022

SOUTHEAST NEW MEXICO COLLEGE BOARD POLICY
Section C – Human Resources – Policy Number 1900 – Discipline and Termination, and Non-Renewal of Executives 

_____________________________________________________________________

 I. Definitions - As used in this Policy, the term “terminate” shall mean termination of employment during and prior to expiration of the written employment contract. The term “non-renewal” shall mean a non-renewal of the faculty member’s or executive’s contract. The term “employee” shall refer to executives.

II. Requirement of Contract - All executives who are not within the probationary period are required to have a written employment contract. Executive contracts should not exceed one-year in length. Any contract exceeding one year is discouraged and shall require Board approval. The College has no obligation to renew any employment contract. No employee, including the President, has any authority to guarantee employment beyond the current contract period; nor shall any employee have any expectation of employment beyond the contract period.

III. Progressive Discipline Not Applicable to Non-Renewal Decisions – The progressive discipline set forth herein is not applicable to any decision to now renew an executive’s contract. In other words, no executive may argue that he or she did not receive progressive discipline prior to a decision to not renew his or her contract. The renewal of any executive contract is at the will of the College.

IV. Executive Progressive Discipline – An executive who has satisfied any probationary period may receive progressive discipline depending on the severity of the offense. The Progressive Discipline process should provide the employee with notice when job performance or conduct standards are not met and of the action needed to improve the deficiency. If a situation warrants corrective action, the progressive discipline process may include:

1. Initial verbal warning;
2. Written warning with a possible corrective action or performance
   improvement plan and/or mandatory training;
3. Reassignment, Suspension without pay, or demotion from employment;
   or
4. Termination.

Each step need not be taken in each case. Depending upon the circumstances, the College may take any appropriate disciplinary action starting at any step, including termination; or may impose other appropriate discipline.

The following behaviors that may result in immediate termination without progressive discipline include but are not limited to:

• Engaging in unprofessional conduct or acts of moral turpitude.
• Committing fraud in securing appointment.
• Exhibiting incompetency in their work.
• Exhibiting inefficiency in their work.
• Serious neglect of duties.
• Engaging in repeated acts of insubordination.
• Engaging in acts of child abuse or child molestation.
• Engaging in acts of dishonesty.
• Being under the influence of alcohol while on duty.
• Engaging in the use, possession, or distribution of narcotics or habit-forming drugs.
• Unexcused absence from work including unexcused absence from mandatory trainings,
  meetings, and work related events.
• Engaging in willful disobedience.
• Being involved in misuse or unauthorized use of school property.
• Being involved in excessive absenteeism.
• Possessing alcohol on school-owned property.
• Carrying or possessing a weapon on school grounds unless they have obtained specific authorization from the appropriate school executives.
• Engaging in ethical misconduct by inappropriate touching, sexual harassment,
  discrimination or intended behavior to induce a child into engaging in illegal, immoral or
  other prohibited behavior.
• Racialized aggression defined as any aggressive act which can be characterized,
  categorized or which appears as such to be racial in nature. Such aggression is prohibited.
• Violation of law(s) substantially related to the fitness of the executives of faculty
  member to engage in teaching, research, service/outreach and/or administration.
• Any willful violation of policy that if committed could potentially result in the College
  having liability.

An employee or executives may be disciplined or terminated even if the prior disciplinary actions were issued by a different supervisor or for different job performance issues. The College may also place an employee on paid leave while it investigates whether violations of policy occurred.

Notwithstanding the provisions of this Policy, any executive (including the President) and supervisor may immediately suspend and remove from the work environment any executive or faculty member who poses a clear and present danger to himself/herself or to others; who is committing or has committed a criminal act; or who otherwise is incapable of fulfilling the obligations of a job. In such cases, the employee may be asked to leave the work site. A determination will be made as to whether the suspension time will be deemed paid or unpaid

V. Discipline Resulting in Adverse Action – Any proposed adverse action will be reviewed and approved by the President prior to imposing such action. This requirement is solely for purposes of making sure policy is being followed in proposing the discipline; and this requirement shall not be interpreted as a determination by the President that the discipline is warranted. Adverse action under this policy is defined as: A) Suspension without pay; B) Discharge or termination of contract prior to expiration; and/or C) Requiring employee make payment for intentionally or negligently damaging College property. No adverse action shall be imposed against the executive until he or she has been afforded the opportunity for a pre-disciplinary hearing before the President or the President’s designee.

VI. Pre-Disciplinary Hearing - If such adverse action is recommended and the employee believes the discipline violates his or her rights, then the affected employee will be given the opportunity to participate in a pre-disciplinary hearing, the purpose of which is to provide the employee with ample opportunity to rebut the recommended action consistent with the minimum standards of due process. It is the responsibility of the employee against whom adverse action is proposed to request a hearing within forty-eight (48) hours of receipt of the notice of adverse action. It is not mandatory that the employee avail himself or herself of the right to a pre-determination hearing. However, failure to request a hearing shall be deemed an acceptance of the adverse action, and a waiver and abandonment of all rights to contest the discipline.

The pre-disciplinary hearing should occur within ten (10) days of the employee’s request. A copy of the recommendation and all evidence supporting the recommendation shall be provided to the employee at least two (2) days in advance of the scheduled hearing. The hearing shall be presided over in an impartial and unbiased matter by the President or the President’s designee. The hearing shall be informal in nature and shall not require adherence to the rules of evidence.

Both sides will be given opportunity to present evidence, testimony, and argument in support of their positions. The supervisor, chair, or executive recommending adverse action, or his or her designee, shall present the evidence, testimony, and argument that forms the basis for the proposed adverse action. The affected employee may be represented at the hearing by a person of his or her choice. The affected employee may present evidence, testimony, and argument to rebut the proposed adverse action. Cross examination will be allowed, but examinations shall not be in an overly aggressive, harassing, or hostile form. The Parties shall set a general goal of completing the hearing within 90 minutes; and shall not engage in unnecessary delays, arguments, presentations, or examinations

Within five (5) working days after the hearing, the President or the President’s designee will issue a written determination either affirming, reversing, or modifying the original recommendation for adverse action. The affected employee will be provided a copy of the written determination prior to the imposition of any adverse action and such letter shall be kept in the employee’s personnel file. Provided, the hearing officer shall be without power to increase the discipline or impose different discipline than what  as recommended. 

The right to a pre-disciplinary hearing shall not alter, amend, or modify the status of the employee and no employee shall have any expectation of employment beyond his or her contract term. The purpose of the pre-disciplinary hearing is solely to provide a check and balance on adverse action so that employee’s rights are not violated. 

VII. Appeal Rights – If the discipline imposed after the pre-disciplinary hearing remains adverse, then the employee may submit a written statement to the President requesting a hearing before the President or other appropriate Presidential designee. The employee will then be given the opportunity within ninety (90) days to appear before the President or appropriate designee to appeal the adverse action. On appeal, both the College and the employee will be given fifteen (15) minutes each to present oral argument and cite matters of record from the pre-disciplinary hearing. The President or designee presiding over the hearing shall have discretion to extend this time upon request made at least five (5) days prior to the hearing. Examinations and testimony will not be permitted. The affected employee may be represented at the hearing by legal counsel of his or her choice who may orally argue on behalf of the employee. The College may also be represented by legal counsel at the hearing. The President or Presidential designee will issue a determination to uphold or reverse the adverse employment action within ten (10) days of the conclusion of the appeal hearing.

VIII. Standard of Review on Appeal – On appeal, the hearing officer’s primary function will be to determine whether policy was followed in taking adverse action against the employee. The employee is not entitled to any de novo appeal of the facts relied upon by the College in taking adverse action.

IX. Letter of Exception – An employee may submit a letter of exception to the imposition of discipline, disputing the grounds for the decision, to be included in the employee’s personnel file.

X. Confidential Information and Student Data - Any hearing or portions of a hearing that will involve student testimony, or testimony that confidential information including student information must be a closed and not open to public.

XI. Defects In Notice – Any minor deficiency in notice provided pursuant to this Policy shall not be grounds for reversal of the discipline.

XII. Right to Request Record of Pre-Disciplinary Hearing - The employee may request from the College a copy of the pre-disciplinary recording and all evidence. The College may charge the employee its standard and customary charges for copies and recordings.

XIII. Non-Renewal of Executive Contract - The College has no obligation to renew any executive employment contract. Executives who are not having his or her contract renewed shall receive advance notice of non-renewal. Advance notice shall not be less than ninety (90) days prior to expiration of the contract period.

Adopted by SENMC BOT 8/8/2022

SOUTHEAST NEW MEXICO COLLEGE BOARD POLICY
Section C – Human Resources – Policy 2000 - Discipline, Termination and Non-Renewal of NonTenured Faculty Appointments

_____________________________________________________________________

 XIV. Definitions - As used in this Policy, the term “terminate” shall mean termination of employment during and prior to expiration of contract or annual appointment. The term “non-renewal” shall mean a non-renewal of the annual appointment or contract. The term “employee” shall refer to full-time faculty and tenured track faculty who have not yet achieved tenure.

XV. Requirement of Appointment Contract – No employee under this policy shall have any expectation of employment or appointment beyond one year. Any contract or appointment exceeding one year is discouraged and shall require Board approval. The College has no obligation to renew any employment contract or annual appointment. No employee, including the President, has any authority to guarantee employment beyond the current contract or appointment period; nor shall any employee have any expectation of employment beyond the contract or appointment period.

XVI. Adjunct Faculty – The progressive discipline and the adverse employment processes shall not apply to adjunct faculty. Adjunct faculty shall serve at the will of the College, may be terminated at any time, and have no rights to have any contract or appointment renewed.

XVII. Full Time Faculty and Tenured Track Faculty – An employee who has satisfied any probationary period may receive progressive discipline depending on the severity of the offense and based upon their probationary status. The Progressive Discipline process should provide the employee with notice when job performance or conduct standards are not met and of the action needed to improve the deficiency. Tenured track faculty may receive progressive discipline consistent with the tenured track guidelines and policies. If a situation warrants corrective action, the progressive discipline process may include:

Each step need not be taken in each case. Depending upon the circumstances, the College may take any appropriate disciplinary action against faculty and tenured track faculty starting at any step including termination; or may impose other appropriate discipline.

The following behaviors that may result in immediate termination without progressive discipline include but are not limited to:

1. Falsification of documents.
2. Threatening, assaulting, or abusive behavior towards a supervisor, student, employee,
   guest or customer of the university.
3. Sexual harassment of an employee, student, guest or customer of the university on or
   off campus which may explicitly or implicitly affect an employee’s performance or
   unreasonably interferes with a person’s employment or academic endeavors.
4. Jeopardizing the safety or health of an employee (including one’s self), student, guest or customer of the university.
5. Dishonesty or intentional fabrication of events.
6. Negligent, incompetent, inefficient or unacceptable performance of duties.
7. Willful disregard of reasonable directives or policies or a defiant attitude of
   noncompliance toward regulations, directives or policies applicable to an employee.
8. Conduct that interferes with the efficient operation of the university.
9. Inability or unwillingness to perform the duties required of a position.
10. Possession or use of alcohol or illicit drugs, reporting to work under their influence, or
    being under their influence while on the job.
11. Possession of drug paraphernalia or stolen property.
12. Conviction or admission of a felony or certain misdemeanors.
13. Careless, negligent, improper, unauthorized, or malicious use of, or theft of, property,
    equipment, or funds.
14. Abuse of privileges.
15. Failure to report for work or to timely report justifiable reason for absence to the
    department head or immediate supervisor.
16. Repeated tardiness or poor attendance.
17. Misconduct which adversely affects the interest or reputation of the university or its
    employees.
18. Any repetition of offenses which resulted in a reprimand, warning, demotion,
    notification of unacceptable performance or suspension.
19. Job abandonment.
20. Any willful violation of policy that if committed could potentially result in the College
    having liability.

An employee may be disciplined or terminated even if the prior disciplinary actions were issued by a different supervisor or for different job performance issues. The College may also place an employee on paid leave while it investigates whether violations of policy occurred. Notwithstanding the provisions of this Policy, any executive (including the President) and supervisor may immediately suspend and remove from the work environment any employee who poses a clear and present danger to himself/herself or to others; who is committing or has committed a criminal act; or who otherwise is incapable of fulfilling the obligations of a job. In such cases, the employee may be asked to leave the work site. A determination will be made as to whether the suspension time will be deemed paid or unpaid

XVIII. Discipline Resulting in Adverse Action – Any proposed adverse action will be reviewed and approved by the President prior to imposing such action. This requirement is solely for purposes of making sure policy is being followed in proposing the discipline; and this requirement shall not be interpreted as a determination by the President that the discipline is warranted. Adverse action under this policy is defined as: A) Suspension without pay; B) Termination or discharge prior to expiration of contract term; and/or C) Requiring employee make payment for intentionally or negligently damaging College property. No adverse action shall be imposed against the executive until he or she has been afforded the opportunity for a pre-disciplinary hearing before the President or the President’s designee.

XIX. Pre-Disciplinary Hearing - If such adverse action is recommended and the employee believes the discipline violates his or her rights, then the affected employee will be given the opportunity to participate in a pre-disciplinary hearing, the purpose of which is to provide the employee with ample opportunity to rebut the recommended action consistent with the minimum standards of due process. It is the responsibility of the employee against whom adverse action is proposed to request a hearing within forty-eight (48) hours of receipt of the notice of adverse action. It is not mandatory that the employee avail himself or herself of the right to a pre-determination hearing. However, failure to request a hearing shall be deemed an acceptance of the adverse action, and a waiver and abandonment of all rights to contest the discipline.

The pre-disciplinary hearing should occur within ten (10) days of the employee’s request. A copy of the recommendation and all evidence supporting the recommendation shall be provided to the employee at least two (2) days in advance of the scheduled hearing. Provided, any recommendation to not to renew the employee’s contract and grounds therefore shall be given at least thirty (30) days prior to the end of the contract term. The hearing shall be presided over in an impartial and unbiased matter by the President or the President’s designee. The hearing shall be informal in nature and shall not require adherence to the rules of evidence.

Both sides will be given opportunity to present evidence, testimony, and argument in support of their positions. The supervisor, chair, or executive recommending adverse action, or his or her designee, shall present the evidence, testimony, and argument that forms the basis for the proposed adverse action. The affected employee may be represented at the hearing by a person of his or her choice. The affected employee may present evidence, testimony, and argument to rebut the proposed adverse action. Cross examination will be allowed, but examinations shall not be in an overly aggressive, harassing, or hostile form. The Parties shall set a general goal of completing the hearing within 90 minutes; and shall not engage in unnecessary delays, arguments, presentations, or examinations Within five (5) working days after the hearing, the President or the President’s designee will issue a written determination either affirming, reversing, or modifying the original recommendation for adverse action. The affected employee will be provided a copy of the written determination prior to the imposition of any adverse action and such letter shall be kept in the employee’s personnel file. Provided, the hearing officer shall be without power to increase the discipline or impose different discipline than what was recommended.

The right to a pre-disciplinary hearing shall not alter, amend, or modify the status of the employee and no employee shall have any expectation of employment beyond his or her contract term. The purpose of the pre-disciplinary hearing is solely to provide a check and balance on adverse action so that employee’s rights are not violated.

XX. Appeal Rights – If the discipline imposed after the pre-disciplinary hearing remains adverse, then the employee may submit a written statement to the President requesting a hearing before the President or other appropriate Presidential designee. The employee will then be given the opportunity within ninety (90) days to appear before the President or appropriate designee to appeal the adverse action. On appeal, both the College and the employee will be given fifteen (15) minutes each to present oral argument and cite matters of record from the pre-disciplinary hearing. The President or designee presiding over the hearing shall have discretion to extend this time upon request made at least five (5) days prior to the hearing. Examinations and testimony will not be permitted. The affected employee may be represented at the hearing by legal counsel of his or her choice who may orally argue on behalf of the employee. The College may also be represented by legal counsel at the hearing. The President or Presidential designee will issue a determination to uphold or reverse the adverse employment action within ten (10) days of the conclusion of the appeal hearing.

XXI. Standard of Review on Appeal – On appeal, the hearing officer’s primary function will be to determine whether policy was followed in taking adverse action against the employee. The employee is not entitled to any de novo appeal of the facts relied upon by the College in taking adverse action.

XXII. Letter of Exception – An employee may submit a letter of exception to the imposition of discipline, disputing the grounds for the decision, to be included in the employee’s personnel file.

XXIII. Confidential Information and Student Data - Any hearing or portions of a hearing that will involve student testimony, or testimony that confidential information including student information must be a closed and not open to public.

XXIV. Defects In Notice – Any minor deficiency in notice provided pursuant to this Policy shall not be grounds for reversal of the discipline.

XXV. Right to Request Record of Pre-Disciplinary Hearing - The employee may request from the College a copy of the pre-disciplinary recording and all evidence. The College may charge the employee its standard and customary charges for copies and recordings.

XXVI. Notification Requirements on Non-Renewal of Contract – Full-Time Faculty and Tenured Track Faculty who are not going to have his or her contract renewed shall receive notice of nonrenewal by the following deadline:

a) Those having been employed less than a year shall receive a minimum of three (3) month notice prior to the expiration of his or her appointment or contract;

b) Those having been employed over a year shall receive a minimum of six (6) month notice prior to the expiration of his or her appointment or contract.

Adopted by SENMC BOT 8/8/2022

SOUTHEAST NEW MEXICO COLLEGE BOARD POLICY
Section C – Human Resources – Policy 2100 – Discipline and Termination of Tenured Faculty

_____________________________________________________________________

 I. Definitions - As used in this Policy, the term “terminate” shall mean termination of employment at any time.

II. Grounds for Disciplining Tenured Faculty - A tenured faculty member is employed on a continuous contract and is granted academic freedom as set forth in the College’s tenure policy, guidelines, and handbooks. Nevertheless, a tenured faculty member still has responsibility to behave in an ethical and professional manner. A tenured faculty member may be discipline for any one or more of the following acts: 

1. Falsification of documents.
2. Threatening, assaulting, or abusive behavior towards a supervisor, student, employee,
   guest or customer of the university.
3. Sexual harassment of an employee, student, guest or customer of the university on or
   off campus which may explicitly or implicitly affect an employee’s performance or
   unreasonably interferes with a person’s employment or academic endeavors.
4. Jeopardizing the safety or health of an employee (including one’s self), student, guest or customer of the university.
5. Dishonesty or intentional fabrication of events.
6. Negligent, incompetent, inefficient or unacceptable performance of duties.
7. Willful disregard of reasonable directives or policies or a defiant attitude of
   noncompliance toward regulations, directives or policies applicable to an employee.
8. Conduct that interferes with the efficient operation of the university.
9. Inability or unwillingness to perform the duties required of a position.
10. Possession or use of alcohol or illicit drugs, reporting to work under their influence, or
    being under their influence while on the job.
11. Possession of drug paraphernalia or stolen property.
12. Conviction or admission of a felony or certain misdemeanors.
13. Careless, negligent, improper, unauthorized, or malicious use of, or theft of, property,
    equipment, or funds.
14. Abuse of privileges.
15. Failure to report for work or to timely report justifiable reason for absence to the
    department head or immediate supervisor.
16. Repeated tardiness or poor attendance.
17. Misconduct which adversely affects the interest or reputation of the university or its
    employees.
18. Any repetition of offenses which resulted in a reprimand, warning, demotion,
    notification of unacceptable performance or suspension.
19. Job abandonment.
20. Any willful violation of policy that if committed could potentially result in the College
    having liability.

II. Types of Discipline – A tenured faculty member may receive progressive depending upon the severity of offense. The Progressive Discipline process should: (1) provide tenured faculty member with notice when job performance or conduct standards are not met and of the action needed to improve the deficiency; and (2) provide appropriate documentation to ensure consistent application of policies, administrative rules and/or procedures. Any disciplinary action taken must be fair and proportionate to the seriousness of the violation. If a situation warrants corrective action, the progressive discipline process may include a combination of the following disciplinary measure in no particular order or progressive process: 

• Verbal reprimand
• Written reprimand
• Mandatory training
• Increased supervision
• Foregoing salary increase
• Required to pay restitution
• Reassignment of duties
• Suspension with or without pay.

In cases of serious wrongdoing, or where attempts at discipline have not successfully remedied performance concerns, a tenured faculty member may be subject to adverse action. Adverse action shall mean: A) Suspension without pay. B) Demotion resulting in loss of pay; C) Requiring employee make payment for intentionally or negligently damaging College property; D) Loss of tenure; and/or E) Termination.

Notwithstanding the provisions of this Policy, any executive (including the President) and
supervisor may immediately suspend and remove from the work environment any tenured
faculty member who poses a clear and present danger to himself/herself or to others; who is committing or has committed a criminal act; or who otherwise is incapable of fulfilling the
obligations of a job. In such cases, the employee may be asked to leave the work site. A
determination will be made as to whether the suspension time will be deemed paid or unpaid

 III. Discipline Processes for Offenses Where Adverse Action Is Recommended

 II. Appeal Rights – The faculty member shall have three (3) business days to appeal the decision to a hearing officer designated by the Chairman of the Board. The faculty member shall submit a notice of appeal to the President who shall forward the request to the Chair of the Board of Trustees. The Chair shall designate a hearing officer within ten (10) days of receipt. The appeal shall toll enforcement of the proposed discipline until the appeal is heard. The appeal must be heard within forty-five (45) days of the request.

The faculty member or his/her representative shall be given the opportunity to appear before the hearing officer to orally argue the faculty member’s appeal of the decision. The faculty member or his/her representative shall be allowed twenty (20) minutes of oral argument and may reserve time for rebuttal. The charging party or its representative shall have twenty (20) minutes to rebut the argument of the employee. The hearing officer’s primary function is to determine whether policy was followed in disciplining the faculty member; and to review the pre-disciplinary hearing to determine whether grounds existed to impose the discipline. The hearing officer should differ to the factual findings made following the pre-disciplinary hearing unless there are appears to be a gross and material error in the factual findings. The decision of the hearing officer to uphold or reverse the adverse action is final and there are no other appeals available.