Section A: General Provisions
SECTION A – General Provisions - Policy Number 100 – Statement of Policy and Definitions
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I. Title - This publication shall be known as the Southeast New Mexico College (SENMC) Policy Manual.
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
Section A – General Provisions - Policy Number 200 – MISSION
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I. Mission – The College’s mission 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 strives to be a diverse and community centered institution dedicated to the excellence and student success through transformative discovery. The College is committed to and demonstrates: 1) Leadership; 2) Excellence; 3) Access; 4) Diversity and Inclusion; 5) Community Involvement; and 6) a Student-Centered Environment.
Adopted by SENMC BOT 8/8/2022
Section A – General Provisions - Policy Number 300 – Non-Discrimination and Equal Opportunity
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
Section A – General Provisions - Policy Number 400 – Board of Trustees and Meetings of Board
I. Introduction - The Board is the governing body of the College. The Board's authority is established by New Mexico state law (see Section 21-13-8 NMSA 1978 Amended). The Board is subject to the provisions of the Constitution of the State of New Mexico, applicable rules and regulations of the New Mexico Higher Education Department, State Law, the Federal Constitution, Laws and Regulations, and its own policies and procedures.
II. Composition:
a. Size: Pursuant to NMSA 1978 21-13-8, as amended, the Board shall consist of five (5) members elected from single-member districts. Members shall be required to reside in the districts from which elected. Any member removing his/her residence from the district from which he/she was elected shall be deemed to have resigned his/her position, and the vacancy created by such resignation shall be filled in the manner provided by law and in this policy for the filling of vacancies on the board of a community College district (see Section 21-13-8 NMSA 1978).
b. Term: The Board members shall be elected for a term of six years. The term shall begin on January 1 following their election. New Board members shall take the oath of office before entering upon their duties. Terms of Board members are staggered. To enable the staggering of the term of Board members starting with the first Board election on November 2021, 1 member will serve a 2-year term, 2 members will serve a 4-year term, and 2 members will serve a 6-year term. The term of each Board member will be decided after the November election by random drawing.
c. Elections: Elections of Board members shall be held according to the New Mexico Local Election Act.
d. Vacancies: Vacancies in the membership of the Board, other than by expiration of term of office, shall be filled by appointment determined by a majority vote of the remaining Board members for the remainder of the unexpired term of the position vacated. In the event a vote of the remaining Board members results in a tie between potential appointees, the vote of the Chair of the Board, as hereinafter described, shall be the deciding vote. The individual appointed by the Board must reside within the district of the vacancy. An individual appointed by the remaining members of the Board to fill a vacancy in office shall serve until the next community College board election, at which time candidates shall file for and be elected to fill the vacant position to serve the remainder of the unexpired term. (See Section 21-13-8 NMSA (1978).
III. Organization
i. Chair: The duties of the Chair of the Board shall be:
2. To call special or emergency meetings as required or to change the time of a regular meeting;
6. Sign documents and contracts as required or needed.
ii. Secretary: The duties of the Secretary of the Board shall be:
2. To perform such other duties of the Chair as necessary in the absence of the Chair;
4. To perform such other duties as the Board may prescribe.
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
iii. Special: Special meetings of the Board may be called by the Chair, by three members of the Board, or by the President with approval of the Chair.
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
1. The Board has the discretion of hearing or not hearing any individual or group and reserves the right to fix such time limits on presentations as deemed appropriate to the occasion. The number of spokespersons who appear before the Board on any given issue may also be limited. The Board, by majority vote, may set or extend such limits as it deems appropriate.
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:
to surrender that judgment to individuals or special interest groups, and abide by and uphold the final majority of the Board;
outside the meetings of the Board;
District with respect to policy on current College operations and proposed future developments; and
these aforementioned principles, and by so doing, assist the College in achieving its stated mission.
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
Section A – General Provisions - Policy Number 500 – Board of Trustees Financial Oversight
b. Review the financial statements and reports.
the Board’s priorities. The President may re-allocate funds within the operating budget, but not between exhibits without Board approval.
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.
Section A – General Provisions - Policy Number 600 – Annual Strategic and Operational Planning Meeting
II. Attendance – It shall be a requirement that the Board Chair, Executives, and a designated representative from each council and committee, shall attend the Meeting. At the discretion of the Board Chair the Meeting may also consist of a quorum of the Board.
III. Meeting Agenda and Procedures – The agenda and meeting procedures shall be established by the Board Chair in collaboration with the President. Input from epresentatives from the councils and committee shall be permitted. Faculty and staff may speak individually only as authorized by the President.
Section A – General Provisions - Policy Number 700 – Public Records Requests
A. Purpose - To facilitate compliance with the New Mexico Inspection of Public Records Act (NMSA 1978, §14-2-1 et seq.)
B. Directive To Comply - The designated custodians of public records shall respond to requests for inspection in a timely and professional manner, in compliance with the NM Inspection of Public Records Act (NMIPRA). If the Procedural Guidelines do not clearly identify a records custodian for a particular record sought, College general counsel is authorized to designate an appropriate College official to serve as records custodian for the request. Requests for inspection of College records will be considered and permitted consistent with the applicable law and the rights of the parties.
C. President’s Duty – The President shall adopt and maintain procedural guidelines, consistent with this policy, for responding to public records requests. The procedural guidelines shall be dispersed to all records custodians at the College and those employees responsible for responding to the requests. The President shall further see that all employee designated to handle records requests shall be adequately trained in the law.
Section B: Executive Administration
Section B – Executive Administration - Policy Number 100 – Office of the President
I. Overview of the Office - The President of Southeast New Mexico College is the chief executive officer of the College. The president is charged in the Community College Act, in the rules and regulations of the New Mexico Higher Education Department, and in the policies of the Southeast New Mexico College Board with carrying out the policies of the Board and with administering the College efficiently and effectively. The President is directly responsible to the Board for the operation of the College and is expected to provide overall leadership in the achievement of the mission and strategic goals of the College as adopted by the Board.
II. Selection of Personnel and Faculty – The President is responsible for selection and supervisions of the College’s faculty, staff, administration, and employees. Upon the President's recommendation, the College may employ faculty, staff, administration, and employees as may be needed for the efficient operation, maintenance, and administration of the College. Any employment contract that results in employment beyond a one (1) year term shall require Board Approval.
III. External Communications - The President shall be the official representative of the College in communicating with all external organizations and agencies. The President shall develop and implement a comprehensive public relations guide and any necessary procedures to supply accurate and timely information about the College. The President may also authorize other persons to speak on behalf of, and represent the College, at his or her discretion.
IV. Additional Responsibilities - Within the framework of the policies adopted by the Board, the President shall exercise broad and discretionary authority in carrying out the responsibilities of the position. The President shall perform the following functions:
a. In collaboration with applicable vice presidents, department chairs/directors, and /or
other councils and committees authorized to be established in these policies, the
President should develop, periodically review, and revise recommendations to the
Board for comprehensive long-range plans for the development of the College, setting
forth mission, strategic goals, and programs of study, resources, and facilities.
b. Provide leadership in the recruitment and selection of appropriate faculty, professional staff, and support staff personnel as needed to implement the mission of the College.
c. In cooperation with the Board, shall represent the College to the students, public, the media, and community organizations.
d. In collaboration with the applicable vice presidents and department chairs/directors develop and implement administrative guides, handbooks, and procedures consistent with Board policies and applicable laws as appropriate for effective operation of the College.
agencies.
f. Assist in the development of local, state, and national policies that are supportive of the College.
g. Provide the Board with needed and appropriate information regarding the College, including annual updates on strategic goals.
h. Prepare and distribute an agenda and supporting materials for all Board meetings and submit minutes for adoption by the Board.
i. Maintain official records of all Board meetings and other College records as required by law.
j. Submit an annual budget to the Board and make recommendations to the Board for
budget changes.
k. Provide citizens the opportunity to have input into the College's operations.
l. Ensure that the College maintains its regional accreditation with the Higher Learning Commission.
m. Work constructively with foundations, private and governmental entities to provide
resources for institutional use to meet strategic goals.
Section B Policy Number 200 –Annual Review of the President and Establishment of Goals
I. Establishment of Board Goals - Annually, the Board will set goals in conjunction with the
President prior to the upcoming academic year. The annual goals and expectations established by the President and the Board will set the direction for the improvement and effective and efficient operation of the College and will form a basis, but not the only basis, for evaluation of the President’s performance.
II. Annual Evaluation of President - The President shall be evaluated annually by the Board. The Board shall complete the annual review of the President by June 30 each year. The evaluation shall include consideration of the President’s overall performance, and whether the President and the College met the Board’s goals for the academic year. The formal evaluation shall result in a written record of performance and will be sealed and placed in the President’s personnel file for review only by Board members and the President. The Board may develop and utilize a president evaluation form.
III. Special Evaluations - Any three members of the Board may call, during an open meeting of the Board, for a special evaluation of the President at any time they deem it necessary.
IV. Closed Session – Evaluation should be conducted in closed sessions unless prohibited by law.
V. Initiation of Evaluation – It shall be the President’s responsibility to initiate the Board’s annual evaluation of the President.
Section B Policy Number 300 – Presidential Duty and Authority to Establish Committees and Councils
I. Introduction - The President, or designee, is authorized to establish committees deemed necessary for the organization and administration of the College.
II. Required Councils - The President shall be required to establish the following councils:
- 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.
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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 asexperts 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.
IV. Compliance with Laws and Policy – All councils and committees established under this Section or elsewhere within the College shall comply with all rules, regulations, and policies of the College and the law.
Section B Policy Number 400 – Executive Leadership and Administration
II. Executive Leadership Team - The President and the Vice Presidents from each service area shall form the Executive Leadership Team. The President shall hold regularly scheduled meetings with the Vice Presidents from each service area to provide leadership for all facets of the College and to utilize information from the internal and external community for program assessment and development.
III. Vice President of Academic Affairs - The Vice President of Academic Affairs is an Executive at the College. The Vice President of Academic Affairs serves under the President and has the primary responsibility and authority for the supervision, development, and assessment of all learning programs, instructional delivery, student academic support, faculty and staff, and related activities. The Vice President of Academic Affairs serves as the liaison between the President of the College and the faculty and other personnel assigned to academic programs and activities.
IV. Vice President of Business and Finance – The Vice President of Business and Finance is an Executive at the College. The Vice President of Business and Finance, serves under the direction of the President, and has the primary responsibility for the financial and business operations of the College as further defined by the President. In addition, the Vice President of Business and Finance oversees the ICT Department, College Bookstore, Facilities, and Human Resources.
V. Vice President of Student Services - The Vice President of Student Services is an Executive at the College. The Vice President of Student Services serves under the direction of the President, has the primary responsibility for Student Services as defined by the president.
VI. Additional Executives – The College may, upon recommendation of the President and approval of the Board, establish other Executive Positions.
Section B Policy Number 500 – Accreditation Duties of Executive Leadership and Administration
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
Section C: Personnel and Human Resources
Section C – Human Resources - Policy Number 100 – Non-Discrimination and Equal Opportunity Employment
I. Statement of Policy - The College dedicates itself to providing equal opportunities in its employment and learning environments. In compliance with the law, the College does not discriminate based on age, ancestry, color, disability, gender identity, genetic information, national origin, race, religion, serious medical condition, sex (including pregnancy), sexual orientation, spousal affiliation, or protected veteran status in its programs and activities. This non-discrimination policy applies to all terms and conditions of employment and prohibits all forms of workplace harassment based on an employee's protected class or characteristic.
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
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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
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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
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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
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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
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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
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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
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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
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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
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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:
- 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.
- 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.
- 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.
- 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.
- In Loco Parentis - Means demonstrating the intent to and accepting the responsibility for acting as a parent to another.
- Intermittent Leave - Short, recurring periods of required leave such as when a medical condition requires ongoing treatment of a short duration.
- Health Care Provider - Provider of services as defined in the Social Security Act, of medical or health services.
- Health Care Provider Certificate - Is the certification of a serious health condition issued by a Health Care Provider on an approved form.
- Reduced Leave - Leave taken when an employee needs to work on a shorter schedule
than normal because of their medical condition. - Serious Health Condition - An illness, injury, impairment, or physical or mental condition that involves inpatient care.
- 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.
- 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.
- 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.
- 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:
- 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;
- 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;
- 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;
- 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;
- To take medical leave when the employee is unable to work because of a serious health condition, or
- 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.
- 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;
- 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:- i. short notice deployment
- military events and related activities
- childcare and school activities
- financial and legal arrangements
- to attend counseling
- rest and recuperation
- post-deployment activities.
- 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.
- 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.
- 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.
Employees must be placed on military orders for the training and must provide copies of the orders through the supervisor to the Human Resources leave coordinator as soon as the employee receives the orders and before the date of training.
ii. The College will pay the employee a salary which includes average increases received by other persons in similar positions during the leave.
iii. The employee shall also be entitled to the sick and vacation leave accrued to their credit at the time the military leave began.
viii. The College will provide reasonable accommodations to employees returning from active duty with service-connected disabilities. If with reasonable accommodations an employee is still unable to perform the essential function of a position, SENMC will place the employee in an equivalent position in terms of seniority, status, and pay, for which the employee is qualified. If no such position is available, the College shall place the employee in the nearest approximate position.
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.
- Employees and supervisors shall thereafter complete appropriate reports; and
- 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:
b. Avoid conflicts of interest. A conflict of interest may make it difficult or impossible for an employee to perform employment-related duties effectively or to act in the College’s best interests. Thus, employees must avoid any situation that may give rise to a conflict of interest, including financial conflict of interest. Employees must be diligent to ensure that they avoid even the appearance or potential for a conflict of interest to arise.
ii. No employee who has authority to make recommendations or decisions regarding contracts with other business entities shall accept outside employment with, have a financial interest in, or accept gifts or favors from any business entity that has a contract with or is under consideration for a contract with the College.
iii. All employees, especially faculty, must ensure that they do not find themselves in situations that would put them in a position of having to teach or supervise a student with whom they have, or have had, a personal, commercial, familial or other significant relationship. If an employee becomes aware that a conflict of interest exists, or that there is a reasonable potential for a conflict of interest to occur in the course of their employment duties, the employee must notify their supervisor. The supervisor may consult with the person they report to and the Office of Human Resources to determine the best course of action to either prevent a conflict of interest from occurring or to institute changes so that the conflict of interest is diminished or eliminated.
c. Employees may not accept any gift that is offered based on the position that they hold at the College when it could reasonably appear that the gift is intended to influence their decision regarding any business or financial decision of the College.
d. Employment of Near-Relatives should be carefully scrutinized. SENMC is committed to equal employment opportunity in hiring and appointing individuals to positions within the College based on their experience, credentials and expertise The College allows the hiring of near-relatives, under certain circumstances, provided that conflict-of-interest safeguards are in place. An employee may not, directly or through the chain of command, supervise his or her near relative or a person with whom he or she has a consensual romantic relationship. The President may approve an exception to this prohibition under extraordinary circumstances, such as when a competitive hiring process has failed to find an equally qualified candidate. If a near-relative is applying for a job at SENMC, employees should make that relationship known to the Human Resources Department.
e. The College discourages employees from being accompanied by friends, family, or children while working; including leaving children on campus in office areas while they are at work. This does not eliminate periodic, short visits from friends, family and children as appropriate. Anything other than short visits is not permitted due to safety and other workplace concerns. And, although SENMC strives to be a family friendly place of business to all employees as well as to students; the workplace is not the appropriate place for childcare. Even during short periodic visits, children must not be left unattended. If an employee is faced with unusual circumstances regarding visitors at work, the employee should speak with their immediate supervisor.
f. Employees must not allow inappropriate relationships to develop. The integrity of the faculty-student relationship is vital to the mission of the College. Faculty should make every effort to encourage learning and foster academic growth in their students.
g. If an employee engages in employment outside of SENMC, they must ensure that their outside work does not interfere with their expected shifts assigned or in any way compromise their ability to perform their responsibilities to the College. If an employee is in a position that requires flexible hours or shift work, they must be available to perform their duties at the College as needed. Employees must also ensure that any outside work they engage in does not create a conflict of interest with employment at the College. If an employee has any concern that a conflict may exist or are aware that the appearance of a conflict may exist, they must immediately report the situation to their supervisor. If a supervisor becomes aware or concerned that an employee has a conflict of interest related to outside employment, the College reserves the right to require that the supervisor and employee take appropriate measures to remedy the situation.
i. All employees are strictly prohibited from discriminating against or harassing any other person. Employees are expected to treat peers, subordinates, supervisors, students, executives, board members and the members of the greater community with respect. Prohibited discrimination includes actions made on the basis of race, age, religion, color, national origin, ancestry, sex, sexual orientation, gender identity, physical or mental disability or handicap, serious medical condition, veteran’s status or spousal affiliation, and any other basis prohibited by law.
j. Faculty, in the exercise of their academic duties, must maintain and competently demonstrate expertise in their field. Faculty must ensure that materials introduced are relevant to the subject of the class. Teachers are entitled to freedom in the classroom in discussing their subject, but they should be careful not to introduce into their teaching controversial matter which has no relation to their subject.
k. Employees must safeguard confidential information belonging to students, employees and the College. Employees must respect the privacy of students and fellow employees and must protect the College’s confidential information. Confidential information includes student records, personnel records and information related to the operations of the College. Employees may not disclose or use information not available to the general public for personal benefit, or for the benefit of another person or business entity. Employees should be aware that the public has the right to access some information retained by the College. Assistance in determining what is considered public information and what is confidential information should be sought from the President’s Office.
l. Employees shall make efficient, effective and ethical use of all College property. Employees may not use College property for personal use. Campus telephones, computers and other office equipment are owned and maintained by the College solely for its educational and administrative purposes. Employees may not use College property for personal use except in occasional and/or brief situations, in which case the use must not interfere with College operations or with job duties. If an employee requires assistance in determining what constitutes appropriate use of College equipment, they should ask their supervisor for clarification.
n. All students, staff, faculty and others who use College computers, electronic equipment and other information systems must do so in a responsible, ethical and legal manner. Acceptance and use of access to computers carries with it an agreement to accept this policy and comply with all other security requirements. Employees may not make use of computers, networks, or other information resources in a manner that may result in damage to any system, database, or operation. Unauthorized entry into or tampering with computers, networks, or other information resources is prohibited. Because the College seeks to project a professional image to the community and outside agencies, email signature lines should be limited to name, job title, and business contact information, such as email and mailing addresses and telephone number. The College reserves the right to monitor internet usage to its users, in accordance with procedures, to review the content of internet communications and/or the extent to which the service is used. Communications, information, and data transmitted via SENMC’s computer system are SENMC’s property and may be considered public records. Information and Communications Technology (ICT) is authorized to physically observe and electronically monitor, log and track the use of computer equipment and data without the knowledge or consent of the user. Therefore, computer users do not have the right to the expectation of privacy to any communications, information, or data stored or transmitted on SENMC’s computer system.
o. Use of computers for accessing pornography is strictly prohibited. If an employee is conducting research needs to access sites that may contain pornographic material, written permission from their supervisor is required.
p. All employees are required to present a professional image to students, other employees and the general public by dressing appropriately. Employees are expected to wear clean and neat attire appropriate to the type of job they perform. If an employee is required to wear a uniform, it must be clean and neat when the employee reports for duty. If a supervisor believes an employee is dressed inappropriately, the supervisor will meet with the employee and discuss that issue.
q. Smoking is prohibited inside all College buildings. There are designated outdoor smoking areas identified on Campus. If an employee notices anyone violating the non-smoking policy they should inform them that smoking is not permitted. If an employee feels uncomfortable doing this, they should inform a supervisor or the Campus Security staff who will take appropriate action.
r. Students, employees and the public are prohibited from bringing animals on campus except Service Animals that assist an individual with a disability. The Service Animals of students and employees must be registered with the Office of Disability Services or the Office of Human Resources. Dogs brought on campus to attend an approved dog obedience class or for other pre-approved special events or educational training are allowed.
t. The College is committed to providing an environment that supports the educational pursuits of the College community and promotes the good health and welfare of its members. The College prohibits the possession, use, dispensing, distribution and manufacture of any illegal substance both on campus and at any College-hosted function held off campus property. The College also prohibits the possession, use, dispensing, distribution and manufacture of alcohol on campus. The President may make an exception by granting prior written consent. All laws relating to the sale, purchase and distribution of alcohol must be observed, including age limits.
u. The College is committed to providing a safe and welcoming environment in which its students and employees can learn and work. Although violence in the workplace cannot always be prevented, the College is committed to providing a workplace as free from violence as possible for its students and employees. Violence, including verbal or physical threats, coercion and intimidation are prohibited. All employees are advised to report any threats or intimidating behavior immediately to Campus Security and/or Human Resources or a Member of the Executive Team. The College is committed through its communications and actions to be supportive and keep any domestic violence, sexual assault and stalking information confidential to the extent permitted by law and College policy. The College will actively provide information and strengthen support to employees who are victims of such abuse. Employees, students and visitors to the College are prohibited from carrying or using any type of weapon, including firearms, and explosives, on campus or to any College-hosted function off College property except when expressly authorized by the President in writing.
v. Employees must carry out their duties safely and in strict compliance with all safety policies and laws. If an employee has a concern about the safety of the environment they work in, or while performing specific job duties, they should stop working immediately and report their concern to their supervisor. A review of the condition or activity will be undertaken by the supervisor and the Human Resources Department. If there is a legitimate safety concern, the employee will not have to continue that activity until the situation is remedied. The employee must return to their duties once the issue has been addressed to the satisfaction of the College.
x. An employee’s conduct outside of work may result in discipline if it brings discredit to SENMC or casts significant doubt on the employee’s reliability, trustworthiness or ability to work safely and securely. Examples of such unacceptable conduct include the harassment of other employees off site or after hours, illegal possession of controlled substances or proven criminal misconduct of a nature so serious as to bring the College into disrepute.
y. The College encourages public involvement and responsible participation in civic activities and in fulfilling one’s responsibilities as a citizen. The decision to participate and the extent of participation in political and civic activities is completely up to each individual. If an employee chooses to participate in civic or political activities, they must not imply that they are acting on behalf of the College. If an employee decides to contact a member of the SENMC Board or a political official, they must do so in a way that makes it clear that they are doing so as an individual and not as a representative of the College. The use of College stationery, employee job title, and the use of College equipment to make such a contact is prohibited. As private citizens, employees are free to make political contributions. However, employees are strictly prohibited from soliciting or receiving political contributions on College property or while on working status, or providing or using any College-owned equipment to engage in political activity.
z. Employees should report for work fit for duty, which means able to perform their job duties in a safe, appropriate, and an effective manner free from the adverse effects of physical, mental, emotional and personal problems. Unauthorized absences from work and/or not showing up fit for duty may be grounds for discipline and may lead to termination.
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:
- Initial verbal warning;
- Written warning with a possible corrective action or performance improvement plan and/or mandatory training;
- Reassignment, Suspension without pay, or demotion from employment; or
- 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
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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:
- Initial verbal warning;
- Written warning with a possible corrective action or performance
improvement plan and/or mandatory training; - Reassignment, Suspension without pay, or demotion from employment;
or - 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
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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:
6. Written warning with a possible corrective action or performance improvement plan and/or mandatory training;
7. Reassignment, Suspension without pay, or demotion from employment;
or
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:
- Falsification of documents.
- Threatening, assaulting, or abusive behavior towards a supervisor, student, employee,
guest or customer of the university. - 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. - Jeopardizing the safety or health of an employee (including one’s self), student, guest or customer of the university.
- Dishonesty or intentional fabrication of events.
- Negligent, incompetent, inefficient or unacceptable performance of duties.
- Willful disregard of reasonable directives or policies or a defiant attitude of
noncompliance toward regulations, directives or policies applicable to an employee. - Conduct that interferes with the efficient operation of the university.
- Inability or unwillingness to perform the duties required of a position.
- Possession or use of alcohol or illicit drugs, reporting to work under their influence, or
being under their influence while on the job. - Possession of drug paraphernalia or stolen property.
- Conviction or admission of a felony or certain misdemeanors.
- Careless, negligent, improper, unauthorized, or malicious use of, or theft of, property,
equipment, or funds. - Abuse of privileges.
- Failure to report for work or to timely report justifiable reason for absence to the
department head or immediate supervisor. - Repeated tardiness or poor attendance.
- Misconduct which adversely affects the interest or reputation of the university or its
employees. - Any repetition of offenses which resulted in a reprimand, warning, demotion,
notification of unacceptable performance or suspension. - Job abandonment.
- 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
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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:
- Falsification of documents.
- Threatening, assaulting, or abusive behavior towards a supervisor, student, employee,
guest or customer of the university. - 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. - Jeopardizing the safety or health of an employee (including one’s self), student, guest or customer of the university.
- Dishonesty or intentional fabrication of events.
- Negligent, incompetent, inefficient or unacceptable performance of duties.
- Willful disregard of reasonable directives or policies or a defiant attitude of
noncompliance toward regulations, directives or policies applicable to an employee. - Conduct that interferes with the efficient operation of the university.
- Inability or unwillingness to perform the duties required of a position.
- Possession or use of alcohol or illicit drugs, reporting to work under their influence, or
being under their influence while on the job. - Possession of drug paraphernalia or stolen property.
- Conviction or admission of a felony or certain misdemeanors.
- Careless, negligent, improper, unauthorized, or malicious use of, or theft of, property,
equipment, or funds. - Abuse of privileges.
- Failure to report for work or to timely report justifiable reason for absence to the
department head or immediate supervisor. - Repeated tardiness or poor attendance.
- Misconduct which adversely affects the interest or reputation of the university or its
employees. - Any repetition of offenses which resulted in a reprimand, warning, demotion,
notification of unacceptable performance or suspension. - Job abandonment.
- 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
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.
If such adverse action is recommended and tenured faculty member disagrees with the
proposed adverse action, or believes the proposed adverse action violates his or her rights,
then the tenured faculty member will be given the opportunity to participate in a predisciplinary hearing. No adverse action shall be imposed against a tenured faculty member until he or she has been afforded the opportunity for a pre-disciplinary hearing before the President or the President’s designee who shall preside over the hearing in an unbiased and impartial manner.
request for hearing to the President. The hearing should occur within ten (10) days of the request. 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 120 minutes; and shall not engage in unnecessary delays, arguments, presentations, or examinations.
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.
III. Letter of Exception - Any faculty or executives 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.
IV. 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.
V. Defects In Notice – Any minor deficiency in notice provided pursuant to this Policy shall not be grounds for reversal of the discipline.
VI. 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.
Adopted by SENMC BOT 8/8/2022
SOUTHEAST NEW MEXICO COLLEGE BOARD POLICY
Section C – Human Resources – Policy 2200 – Community Learning and Training
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Adopted by SENMC BOT 8/8/2022
SOUTHEAST NEW MEXICO COLLEGE BOARD POLICY
Section C – Human Resources – Policy 2300 – Benefits
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Southeast New Mexico College provides arrays of benefits to employees. The benefits include health coverage such as medical, prescription, dental, vision, pre-tax premium plan, flexible spending accounts and life & disability insurance. Other benefits include retirement, paid leave and holidays and tuition remission.
PART 1: TUITION REMISSION
With appropriate administrative approval from the immediate supervisor and the appropriate Vice President, regular employees and non-regular employees in a term appointment are entitled to take course(s) at SENMC, or if preferred, other colleges and universities in accordance with an established agreement, with costs totaling no more than the highest cost of SENMC New Mexico Resident tuition rate for six (6) credit hours (supported by regular I & G funding) each semester (summer included). The dollar amount will be determined annually by the SENMC Human Resources (HR) Department and outlined in the Tuition Remission Procedures Manual. This benefit could also include additional training required for job certifications, continuing education credits (CEUs) and certificate programs, and will be awarded at the discretion of the Vice President of Business and Finance and the HR Director.
- The legal spouse or domestic partner of the eligible employee may also utilize the benefit. Funds not used by the employee may be used by the spouse/qualified domestic partner. This benefit is not transferable to another college employee nor is it available for an employee eligible for a free course.
- Employees who take a course during working hours may be required to make up the time spent away from the workstation (or take annual leave) unless enrollment is a requirement for continued employment.
- Once the Tuition Remission benefit is initiated, a grade point of 2.5 (C+) or above for each course is required for the Tuition Remission benefit to continue. One occurrence of a onesemester probation shall give opportunity for the 2.5 grade point (C+) to be achieved should it not be achieved during the initial attempt at the course. If the 2.5 (C+) grade point is not achieved with the second attempt, the Tuition Remission benefit will no longer be available to the employee for any courses.
- This benefit may be subject to social security, federal, and state tax implications.
- In exchange for this benefit, continuous employment with SENMC is strongly encouraged, excluding summer semester for 9-month faculty.
- At the end of use of this benefit, continued employment with SENMC will be required as follows:
- Equal to the number of semesters the employee used the Tuition Remission benefit, or
- For terminal degrees, a minimum of five years from the date of completion.
Failure to comply with the required term of continued employment will result in the obligation of the employee to reimburse SENMC an amount equal to the total costs incurred or allowed by the participation of the employee in the Tuition Remission benefit.
PART 2: REGISTRATION
Registration follows the same procedures governing all students. Requests for Tuition Remission will be made via form and submitted to the SENMC Business Office after required signatures have been obtained. Changes to class schedules require a new request to be submitted to ensure the class or classes are covered by the tuition benefit. This benefit will pay out once proof of registration (class schedule) and account statement are submitted to SENMC Business Office for processing. Following the initially enrolled semester, and each semester thereafter, final grades must be submitted in order to continue utilizing the benefit.
PART 3: CONFLICTS OF INTEREST AND RESOLUTION OF CONFLICTS OF INTEREST
Employees must take care to avoid any conflict of interest when taking courses at SENMC and use the benefit in an ethical manner. Faculty members with other SENMC employees enrolled in their courses will be expected to maintain professional and ethical standards. If at all possible, spouses and dependents should not enroll in courses offered by a familial faculty member. If there are no other options, the faculty member should be cognizant of the appearance of a conflict of interest and diligently avoid it.
PART 4: RETIREE BENEFITS
Retirees of SENMC are eligible for tuition remission benefits for SENMC courses only. A Retiree Tuition Remission form must be completed and submitted to the SENMC Business Office each semester (summer included) the retiree chooses to participate in this benefit. Changes to class schedules require a new form to be completed and submitted to ensure the class or classes are covered by the tuition benefit. Retiree spouses/qualified domestic partners are eligible to take one class if the retiree does not take any classes in the session/semester. Surviving spouses of retirees are not eligible for this benefit.
PART 5: DEPENDENT CHILDREN TUITION REMISSION BENEFIT
- The tuition remission benefit is available to biological children, adopted children, legally dependent stepchildren, or any other qualified dependent as determined by HR, under age 25 and unmarried, of regular employees and non-regular employees in a term appointment.
- The student’s status and the employee’s employment status on the college’s census date (currently the third Friday of the semester or last day to add or register for summer session courses) will determine participation eligibility.
- If the employee’s status changes before the census date, the student will no longer be eligible, and the charges will be recalculated.
- If the student reaches his/her 25th birthday before the census date, the student will no longer be eligible, and the charges will be recalculated.
- Students must be enrolled in undergraduate or graduate courses (eligible for undergraduate or graduate tuition) at SENMC or any accredited college or university.
- Courses eligible for a grade will be included in this program; audited courses and challenged credits will be excluded.
- Students will be allowed a one-time probation period should they fail to successfully complete courses covered by the tuition remission benefit with a grade point of 2.5 (C+) or above. Any future courses unsuccessfully completed semesters with a grade point of 2.5 (C+) or above will result in loss of benefit.
- It is the student’s responsibility to inform the Office of Financial Aid of a student’s participation in this program. A reduction of the student’s financial aid package may result from the reduced tuition. Information on the possible effect of this program on the student’s financial aid package should be obtained from the student’s financial aid advisor prior to submission of the Tuition Remission form.
- All eligible dependents enrolled at SENMC will automatically be granted the benefit upon request, with properly submitted documentation, except those receiving the Lottery Scholarship or who otherwise do not meet the eligibility criteria.
PART 6: HOLIDAYS
Eligible Employees Full-time regular employees working forty (40) or more hours per week shall have paid holidays approved by the Board as may occur during their term of employment.
Regular Part-time employees working less than forty (40) hours per week are paid on a pro-rated basis for the Winter Break, but are not compensated for other holidays.
Temporary, emergency, and student workers are not eligible for holiday pay.
Holidays Observed Except as may be otherwise approved by the Board, the following shall be the College holiday schedule.
If the holiday falls on a Saturday, Friday is observed; if the holiday falls on a Sunday, the following Monday is observed:
Martin Luther King Day (One day)
President’s Day (One day)
Spring Holiday (One day)
Memorial Day (One day)
Independence Day (One day)
Labor Day (One day)
Thanksgiving Break (Three Days)
Winter Break (Ten Days- Inclusive of New Year’s Day)
PART 7: COMPASSIONATE CARE LEAVE
Purpose:
The purpose of this policy is to provide a safety net for faculty who transferred their employment from New Mexico State University Carlsbad (NMSUC) to Southeast New Mexico College (SENMC) on April 1, 2022, in order to account for the loss of accrued hours of faculty leave during this transfer, so they can continue using the Faculty Care Leave hours they accrued as employees of New Mexico State University after they have used all hours accrued as employees of Southeast New Mexico College.
Action:
Southeast New Mexico College will create a pool of 1000 hours of Compassionate Care Leave each academic year. These hours will be referred to as the “Bank” in this policy.
Eligibility:
Faculty and staff members are eligible to use hours from the bank only if they are eligible to use Faculty Care Leave or Sick Leave (based upon employment type) and they have exhausted hours accrued during their employment with Southeast New Mexico College.
Procedure:
This policy makes a provision for all employees to have a safety net in case of serious illness. In all cases, employees are required to provide a doctor’s note and/or medical records documenting the need for their extended absence from work.
Employees will need to pay back hours used from the bank using a calculation of ½ of the accrual or 2 hours per pay going to the bank, and 2 hours going to the employee’s personal sick leave or Faculty Care leave balance. If an employee leaves employment before the bank is paid back, the employee will be required to reimburse the bank. The exception to this is employees hired prior to April 1, 2022.
For these employees, should they need to use Compassionate Care Leave, they will be eligible to use up to the number of hours they had accrued during their employment at New Mexico State University Carlsbad minus their current Faculty Care or Sick Leave balance including the two hundred hours grandfathered in via Southeast New Mexico College without need of reimbursing the Bank. For example, if an employee covered by this exception accrued 600 hours at New Mexico State University Carlsbad
and used the initial 200 hours accrued as a transferred employee at Southeast New Mexico College plus 100 hours accrued as an employee of SENMC, then the employee is eligible for 600 – 300 = 300 hours from the bank.
Southeast New Mexico College will keep a record of the number of hours used by employees in Compassionate Care Leave and report to the faculty member the number of hours remaining in the bank for future use.
Adopted by SENMC BOT 8/8/2022
Section D: Business and Financial Management
Section D – Business Services and Finances – Policy 100 - Purpose and Overview
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II. Roles and Responsibilities – The following is a list of roles and responsibilities in relation to finances.
and implementation of procedures, fiscal standards, and business guidelines that will ensure a reliable, stable, and transparent business operation. Procedures shall be established to ensure that the College is compliant with federal and state law. Business practices will be conducted in accordance with that established by applicable regulatory agencies and the College Board. Accounting practices shall be in accordance with Generally Accepted Accounting Principles and the pronouncements set forth by the Governmental Accounting Standards Boards.
expenditures for Southeast New Mexico College on a fiscal year basis to the vice president for Business and Finance. This budget shall be developed in accordance with the guidelines set forth by the New Mexico Higher Education Department. The budget shall be developed to advance the College in its mission and vision by taking into account the short-term and long-term financial needs of the College, using a collaborative approach and a system of information and analysis. The Board shall adopt a budget in a timely manner in order to meet the budget submission deadline required by the New Mexico Higher Education Department.
d. The Board shall set the tax rate for the Southeast New Mexico College District for both
operating and all debt service requirements. The tax rates may not exceed the amount
approved pursuant to state statute, including yield control.
e. The College’s financial reporting period shall be based on the fiscal year consisting of a
twelve- month period beginning on July 1 in each year and ending on June 30 of the next calendar year.
f. The College Board will solicit and contract with a New Mexico licensed Certified Public
Accountant approved by the State Auditor for an annual financial audit. The audit shall
be compliant with the guidelines set forth by the New Mexico Higher Education
Department, the State Auditor, the American Institute of Certified Public Accountants,
and Generally Accepted Auditing Standards. The report will be submitted to the Southeast New Mexico College Board after approval and release by the New Mexico State Auditor.
III. Bequest, Donations, and Gifts - Solicitation and receipts of gifts, bequests, and donations must be made in accordance with established procedures and in the spirit of donor intent and will not be administered in such a manner as to be unlawful or discriminatory.
IV. Depository of Funds - All funds controlled by the College shall be handled using federally insured financial institutions. The president and vice president for Business and Finance may collectively seek financial institutions with whom to conduct business.
V. Disbursement Authorizations - The President, the Vice President for Business and Finance, the Vice President for Student Services, and the Vice President for Academic Affairs are authorized and empowered by the Board to sign checks for lawful expenditures incurred on behalf of Southeast New Mexico College.
SOUTHEAST NEW MEXICO COLLEGE BOARD POLICY
Section D – Business Services and Finances – Policy 200 – Purchasing and Procurement
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I. General Policy - Expenditure of Southeast New Mexico College resources for the procurement of supplies, materials, contracted services, equipment, and reimbursement of employees for business related expenses shall be made in accordance with applicable federal and state laws and regulations, including the New Mexico Procurement Code (see 13-1-28 et seq NMSA (1978) or most recent update) and the Anti-Donation clause (Article IX § 14) of the New Mexico State Constitution. All financial resources of the College should be accounted for and expended through the College’s accounting systems in accordance with applicable Board policies. All College funds must be deposited in a College account. No other bank accounts may be set up without the approval of the Board. The Vice President for Business and Finance, with the approval of the President, shall supplement this policy with specific purchasing procedures that ensure compliance with applicable federal and state regulations, seek the optimum quality in goods and services at the lowest possible cost, and provide managers flexibility in the performance of their duties (which includes obtaining maximum benefit from College resources entrusted to managers) while ensuring adequate stewardship and accountability for the expenditure of public funds.
II. Expenditure Authority – The following procurement amounts shall be authorized as follows:
a. The Board of Trustees shall authorize all expenditures of the College that exceed $75,000.
b. The president may authorize all expenditures of the College that are $75,000 or less. The
president may authorize expenditures above the $75,000 as approved during the annual budget process.
c. The vice president for Business and Finance may authorize all expenditures of the College that are $50,000 or less. The vice president for Business and Finance, with the approval of the president, may develop and administer additional procedures for expenditures of the College that are less than $50,000.
III. Prohibition On Conflict of Interest - It is unlawful and against Board policy for any Board member or College employee to participate directly or indirectly in procurement when the employee knows that the employee or any member of the employee's immediate family has a financial interest in the business seeking or obtaining a contract or purchase order award.
Adopted by SENMC BOT 8/8/2022
SOUTHEAST NEW MEXICO COLLEGE BOARD POLICY
Section D – Business Services and Finances – Policy 400 – Copyright and Patent Ownership
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I. Shared Use of Instructional Material - The College encourages its faculty and staff to create reusable learning materials in any format in support of classes taught at the College. The College does not claim exclusive ownership of such materials and will not limit their
portability for use at other institutions at which faculty or staff may be employed after
leaving Southeast New Mexico College. Likewise, the College reserves the right to use such materials in its classes after the employee who created them leaves the institution. The College reserves the right to modify such materials at its discretion.
II. Rights Statements - Employees have the right to copyright any literary material (including printed, electronic, audio, or video), to patent any inventions, and copyright any data processing programs unless their employment contract or program agreement charges them with the duty of producing materials for the College for copyright purposes, to develop an invention for the College to patent, or to create data processing programs to complete administrative, instructional, or public service tasks.
III. Independent Works - The employee shall be entitled to all profits earned from copyrighted materials or patented inventions developed, provided that the employee has produced the work on personal time and with personal equipment and without the use of College facilities.
IV. Supported Work - Profits earned from copyrighted material, patented inventions developed totally or partially on College time with the use of College facilities, equipment or with College funding, shall be shared no less than equally with the College as provided by a contract between the employee and the College.
V. Rights Agreement - The President, in coordination with the Faculty Senate, shall establish procedures to ensure that any College employee creating works for copyright or patent with College support shall enter into a contract with the College providing either:
a. That the employee assigns ownership rights to the College; or
b. For a fair and equitable arrangement for shared ownership, sharing of royalties, or
reimbursement to the College of its costs and support. In any case where a copyrightable or patentable work is created with College support, the contract shall provide that the College will have a five-year license to use the work without further compensation. The creator of the work will have the right to use it after employment or the period designated above.
VI. Applicable Funding - In the case of works created under developmental grants from
governmental or foundation sources prescribing ownership rights, the conditions of such
grants, rather than this policy, shall govern. An exception to the policy shall preside where
shared College and external grant funding exists in which a contract will then be enacted to
reflect that the shared funding support will be executed.
Adopted by SENMC BOT 8/8/2022
SOUTHEAST NEW MEXICO COLLEGE BOARD POLICY
Section D – Business Services and Finances – Policy 500 – Investment and Fund Balances
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I. Investments Objectives - The primary objectives, in priority order, of the College’s investment activities shall be:
II. Delegation of Authority - Management responsibility for the investment program is hereby delegated to the Vice President for Business and Finance, who shall be responsible for the implementation of the investment program and the establishment of investment procedures consistent with this policy. Such procedures shall include explicit delegation of authority to persons responsible for investment transactions. No person may engage in an investment transaction except as provided under the terms of this policy and the procedures established by the vice president for Business and Finance. The vice president for Business and Finance shall be responsible for all transactions undertaken and shall establish a system of controls to regulate the activities of subordinate officials.
III. Standards of Care – The following standards of care shall be used with handling College investments and monies:
• Prudence - The standard of prudence to be used by investment officials shall be the "prudent person" standard and shall be applied in the context of managing an overall portfolio.
• Investments shall be made with judgment and care under circumstances then prevailing, which persons of prudence, discretion, and intelligence exercise in the management of their own affairs, not for speculation, but for investment, considering the probable safety of their capital as well as the probable income to be derived.
IV. Ethics and Conflicts of Interest - Officers and employees involved in the investment process shall refrain from personal business activity that could conflict with the proper execution and management of the investment program or that could impair their ability to make impartial decisions. Employees and investment officials shall disclose any material interests in financial institutions with which they conduct business. They shall further disclose any large personal financial/investment positions that could be related to the performance of the investment portfolio. Officers are employees involved in the investment process and shall not accept any payment, gratuity, or recognition of any kind from any person or entity that is seeking or is receiving investment monies from Southeast New Mexico College.
V. Internal Control and Compliance - Internal control and compliance should be assured through the College’s annual independent audit. Procedures shall also be developed by the President and the Vice President of Business and Finance to assure appropriate internal control.
VI. Suitable and Authorized Investments - Consistent with the GFOA Policy Statement on State and Local Laws Concerning Investment Practices, the following investments will be permitted by this policy and are those defined by state and local law where applicable:
• Certificates of deposit and other evidence of deposit at financial institutions fully insured by the FDIC and/or fully collateralized.
• Commercial paper rated in the highest tier (e.g., A-1, P-1, F-1, D-1 or higher) by a nationally recognized rating agency.
• Investment-grade obligations of state, provincial, and local governments and public authorities.
• Repurchase agreements whose underlying purchased securities consist of the aforementioned instruments.
• Money market mutual funds regulated by the Securities and Exchange Commission and whose portfolios consist only of dollar-denominated securities
Maximum Maturities- To the extent possible, the College shall attempt to match its investments with anticipated cash flow requirements. Unless matched to a specific cash flow, the College will not directly invest in securities maturing more than five (5) years from the date of purchase or in accordance with state and local statutes and ordinances. The weighted average maturity of the College’s investment portfolio shall not exceed three (3) years.
VII. Reporting - The investment officer shall prepare an investment report at least quarterly for review by the College Board of Trustees. The report shall include:
1. Listing of individual securities held at the end of the reporting period
2. The cost and market value of each security, and
3. The maturity date of each security
VII. Policy Exceptions - Any deviations from this policy must be approved in advance by the College President, Vice President for Business and Finance, and one officer of the Board of Trustees. Such approval should be documented in writing no later than one week after the transaction (trade date) has occurred. Exceptions must also be reported at the next regular meeting of the Board of Trustees.
VIII. Banking Institutions - For liquid investment monies or Certificates of Deposit, the investment officer shall attempt to use local banking institutions when their rates of return are equal to or greater than non-local banking institutions.
IX. Fund Balances - It is the position of the Board that as long as the Instruction and General expenditures of the College are at least equal to that year’s state Instruction and General appropriation, including credit taken by the state of New Mexico higher education funding formula, any unexpended funds at year end have been derived entirely from local taxes. Such funds are to be held in the appropriate fund balance until transfers are approved by the Board. Guidelines for each fund’s balance shall be as follows:
• Current Fund: Includes Instruction and General Operations, auxiliary enterprises, independent operations, and public services. The fund balance at the end of a fiscal year shall equal no less than one-fourth (i.e. the average of three months of expenditures) of the approved operating budget for the subsequent fiscal year. Use of fund balance is subject to Board approval and will be limited to non-recurring uses including, but not limited to:
o Coverage of outstanding encumbrances being carried-forward into a new fiscal year
o Capital projects
o Facilities repairs or upgrades
o Non-routine furniture, fixtures, and equipment purchases
o Non-routine technology purchases
o Program start-up costs
• Plant Funds: Includes capital project, renewal and replacement, and debt services. The capital project balance will reflect accumulations for Board approved future construction projects (matching or total funding) based on the College’s facility master plan requirements. The minimum renewal and replacement balance shall reflect three percent (3%) of the book value of all property, plant, and equipment. The debt service balance will at all times be sufficient to guarantee full payment of upcoming principal and interest charges on all outstanding debt obligations.
Adopted by SENMC BOT 8/8/2022