NOTE: Public Property Incident Statistics Amended 6 October,

Transcription

1 NOTE: Public Property Incident Statistics Amended 6 October,

2 Table of Contents Page Greeting from CNM Chief of Security 5 Introduction 5 I. CNM Clery Compliance Policy 5 List of Reportable Crimes 6 Campus Security Authorities Defined 7 CNM Clery Geography 9 Timely Warnings 9 II. CNM Security Department 12 Security Contacts 13 III. Emergency Procedures 15 Crisis Behaviors 15 Building Evacuation 16 Fire Procedures 17 Active Shooter Procedure 20 Anonymous Crime Reporting 22 IV. Title IX and VAWA Policy 23 Reporting Sexual Assault 23 Evidentiary Standard for CNM Assault Investigation 27 2

3 Table of Contents Page Sexual Assault Resources 30 V. Crime Prevention and Safety Tips 32 VI. Alcohol and Other Drugs Policy 34 Alcohol and Other Drugs Awareness Info 36 Support 42 Local Resources 45 Appendix 1 VAWA Crime Statistics Sorted by Campus 46 Crime Statistics by Campus 51 Appendix 2 Definitions of Crimes and Critical Terms 59 Appendix 3 Definitions per NM Statute 64 Appendix 4 Map of CNM Campuses 67 Appendix 5 Informational table of Off-Campus incidents to amend Public Property Statistics added 6 October,

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5 Greetings from the Chief of Safety and Security Dear Campus Community, The safety and security of all students, faculty and staff is the objective at Central New Mexico Community College. For those of us in the CNM Security Department, that safety is our prime directive. We work hard to make sure the campus is a safe place to, learn, work and go about our daily routines. CNM Security is committed to preventing crime and ensuring the safety of students, faculty, staff and visitors; and we do this through continued training and community involvement. It is our belief that ALL OF US at CNM must be watchful and look out for others, and that maintaining an effective security department is a community effort. Together we can ensure that CNM remains a safer place to meet our shared goals. The goal of the Security Department is to provide the College with the finest security services for the protection of people and property. CNM Security believes in treating all people with dignity and respect, furthering the core values of the college- Be Caring, Be Ethical, Be Inspiring, Be Courageous, Be Connected, Be Exceptional, Be CNM. -Chief John Corvino Introduction to the 2016 Annual Security Report Welcome to the 2016 Annual Security Report! Each year, federal law requires all colleges and universities that receive federal funding to share information about crime on campus and efforts to improve campus safety, as well as inform the public of crime on campus and in the surrounding area for the previous calendar year. This information is made publicly available through the Annual Security Report (ASR). The Clery Act was significantly revised in 2013, and requires institutions to provide expanded information on options to survivors of sexual assault, domestic violence, intimate partner (dating) violence, and stalking. This includes help with any changes to academic schedules, transportation, or working situations, or assistance in notifying local law enforcement. CNM must by law outline specific policies and procedures within their ASR, including those related to Timely Warnings, emergency procedures, and Active Bystander procedures for community members. The new Central New Mexico Community College (CNM) Clery Compliance Policy (pending board approval) below addresses many of the specifics of these amended requirements. I. CNM Clery Compliance Policy The Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act of 1990, also known as the Clery Act, is federal law requiring institutions of higher education receiving Title IV federal funding to collect and publish statistics concerning reports of certain crimes that occur on or adjacent to campus, or in other areas owned or controlled by the institution and frequently used by students. In addition, institutions are required to publish policies related to campus safety and security. The purpose of this policy is to ensure CNM s compliance with the requirements of Clery. Any official updates to Clery Act requirements will supersede relevant sections of this policy. 5

6 The Clery Act requires separate collection of statistics for each of the individual CNM campuses statistics for each will be published in separate charts within the Annual Security Report (ASR). Clery Act Requirements To accurately comply with Clery Act Requirements, CNM must: a. Compile statistics of reported Clery Act crimes (see Section C) that occur on the CNM campuses, the immediately adjacent streets and sidewalks surrounding the campuses, and in any facilities not reasonably contiguous to the campuses but owned or controlled by CNM which have both an on-site administrator and are frequently used by students for educational purposes. These areas together constitute the CNM Clery geography. b. Collect reports of Clery Act crimes made to the CNM Security Department, other local law enforcement agencies, and to other responsible parties at CNM as defined in Section D, Campus Security Authorities (CSAs). c. Publish and distribute by October 1st of each year an Annual Security and Fire Safety Report which includes crime data for reports of Clery Act crimes, all security policies and procedures in place to protect the CNM community, and information on the handling of threats, emergencies, and dangerous situations. d. File all Clery Act crime statistics to the U.S. Department of Education in the annual online survey. e. Identify CSAs on an ongoing basis and notify these individuals of their obligation to report any and all Clery Act crimes that they witness or that are reported to them. f. Provide awareness training for all CSAs. g. Maintain a daily crime log available for public inspection. h. Issue timely warnings to alert the CNM community of serious crimes that occur on campus or within CNM s Clery geography that pose a serious or continuing threat to the campus community. Timely warnings will be issued via SMS (texts) and through the college s Blackboard Connect system as soon as information is available. The timely warning communications will provide information that allows community members to take reasonable measures to prevent injury or prevent crimes from occurring. i. Issue emergency notifications for any significant emergency or dangerous situation involving an immediate threat to the health or safety of students or employees which occur on CNM campuses. These emergency notifications will also be issued through the Blackboard Connect system. Reportable Crimes (See appendix 2 for crime definitions) The crimes Clery requires for inclusion in the ASR for distribution to the CNM community include: 6

7 Murder Non-negligent manslaughter Sex offenses Robbery Aggravated assault Burglary Motor vehicle theft Arson Dating violence Domestic violence Stalking Liquor law violations Drug-related violations Weapons possession Hate Crimes If any of the above listed offenses are committed while motivated by bias, they will be reported also as hate crimes. Hate Crimes are listed separately in the annual Clery Report statistics. Clery defines bias as a pre-formed negative attitude or opinion towards a person or group of persons that is based on race, gender, religion, disability, sexual orientation, or ethnicity/national origin. In addition to the above crimes, if any of the following offenses were motivated by the offender s bias against the victim, they must be included in the annual Clery Act statistics: larceny, simple assault, intimidation, or destruction/damage/vandalism of property. Attempts to complete any of the above-listed crimes are also reportable (i.e. attempted robbery). For more information and definitions of Clery Act crimes, consult the U.S. Department of Education s Handbook for Campus Safety and Security Reporting. Campus Security Authorities Campus Security Authorities (CSAs) are defined by the Clery Act as: any staff, faculty, or student advisors (at CNM) who, because of their role or duties have an obligation to notify the (CNM) Security Department of alleged Clery Act crimes that are reported to them in good faith by students; by other faculty or staff; or by other community members. Hence, CSAs are defined by their function, not by title. There are four categories of CSA: Campus police or security department. All members of the CNM Security Department at all campuses are CSAs. Any individual responsible for campus security in some capacity, but who is not a member of the CNM Security 7

8 Department. This could include faculty advising student groups, persons monitoring access to special events, or law enforcement officers involved in an incident on a CNM campus. Any individual or office at CNM identified in a College policy as an individual or office to which crimes should be reported, such as a faculty member advising a student group. CNM officials and others who may have responsibility for student and campus activities. The Clery Act specifically designates the following positions as CSAs: Campus Security personnel Dean of Students and associated support staff Faculty/staff advisors to student groups Title IX coordinator and associated support staff Campus Student Health staff Human Resources staff Victim advocates or others responsible for advocacy services Clerical or Food Services staff with direct student contact The idea behind a CSA is simple: not all crimes on campus are reported to the police or security department. For example, a student who is the victim of a crime may feel more comfortable telling his or her advisor, a health office employee, or an instructor. The Clery Act requires colleges and universities to collect crime reports presented to all individuals and offices who are CSAs in order to present complete and accurate data to the campus community and respond to safety issues. The role of a CSA is to record any information of alleged Clery Act crimes reported to them or that they personally witness; then promptly submit that information to CNM s Clery Compliance Manager. Once a year when the annual Clery Act crime statistics are being compiled for publication, CSAs will receive a survey form asking whether any crimes were reported to them. The Clery Compliance Manager will distribute the survey form to CSAs and CSAs are asked to complete and return the survey form as directed. To clarify - the role of a CSA is not to investigate an allegation or to decide whether a crime took place that is the function of law enforcement. A campus CSA should not try to apprehend an alleged perpetrator of any crime; this also is the responsibility of law enforcement. It is also not a CSA s responsibility to try and convince a victim to contact law enforcement if the victim chooses not to do so. A CSA s responsibility is only to send information about crimes that have been reported to them to the Clery Compliance Manager. A CSA may also provide information to a victim of an alleged crime about resources available to assist him or her, according to CNM policy. Identifying CSAs will be coordinated by the Clery Compliance Manager. Because personnel and job duties change, someone who is a CSA one year may not be a CSA the following year, and vice versa. Identifying CSAs requires knowledge of the functions performed by employees in each department. Therefore, CNM vice presidents, deans, department chairs, and 8

9 supervisors are asked to assist in identifying employees in their areas who may be characterized as a CSA for purposes of Clery. Exemption for Counselors College professional counselors, when acting as such are not considered to be a CSA, and are not required to report crimes for inclusion into the annual disclosure of crime statistics. As a matter of policy they are encouraged, if and when they deem it appropriate, to inform persons being counseled of the procedures to report crimes on a voluntary (not confidential) basis for inclusion into the annual crime statistics. Counselors are defined as: A Professional Counselor is an employee of an institution whose official responsibilities include providing psychological counseling to members of the institution s community and who is functioning within the scope of his or her license or certification. CNM s full compliance with the Clery Act relies on the cooperation of CSAs for accurate reporting. Annual Security Report October 1st of each year, the Clery Act requires that the Annual Security Report (ASR) must be published and distributed to all CNM community members. The ASR may be posted on the CNM website, provided individual notification is sent via to each community member of its location online. Any request for a paper copy of the ASR shall be provided by CNM free of charge. The CNM Clery Compliance Manager is responsible for compiling all applicable statistics, ensuring statistical accuracy, assembly and publication of the ASR. The CNM Clery Compliance Manager is also responsible for updates and approvals of all applicable policies and procedures, program descriptions, as well as for the online filing of CNM s security statistics to the U.S. Department of Education via web-based survey. This survey is published in the DOE s website at CNM Clery Geography Under the Clery Act, if an institution has more than one campus, each separate campus must comply independently with all of the Act s requirements. CNM branch campuses at Rio Rancho, Montoya, Westside, Workforce Training Center, Advanced Technologies Center, STEMulus center, and South Valley each qualify as separate campuses per Clery. Clery defines separate campus as any noncontiguous site that carries out the educational mission of the institution through an organized program of study, with at least one administrator on-site. The AMREP site is considered a non-campus property due to its lack of a permanent on-site administrator. Retention of records ASRs and supporting records used to compile the report shall be retained for 3 years from the latest publication of the report. (Example: The 2015 ASR contains statistics for 2012, 2013 and The 2012 statistics should be kept until Oct 1, 2018). Records to be kept include, but are not limited to, the following: copies of crime reports; daily crime logs; records for arrests and referrals for disciplinary action; timely warnings and emergency notification reports; Clery-related correspondence; and notices regarding the availability of the annual security report. 9

10 Timely Warnings and Emergency Notifications In the event of a serious incident which may pose an ongoing threat to the CNM community, a timely notice will be distributed to the community through several methods. CNM s emergency notification system, ATTENTION CNM, is capable of mass communications via and SMS text messages to employees and students. The alerts will be initiated by the Chief of Safety and Security or Clery Compliance Manager and they are approved and distributed to the community by the Marketing and Communications Office (MCO), Vice President, or President s Office. Information may also be posted on the CNM website, social media sites (Twitter, Facebook), or other means as determined by the Director of Marketing and Communications Office. Updates about any particular incident resulting in a crime alert may also be shared with the CNM Chronicle for a follow-up story. Crime alerts may also be posted by CNM Security in campus buildings when deemed necessary. When alerts are posted in campus buildings, they are printed on orange/red paper and posted in the lobby/entrance area(s) of the affected building(s) for seven days. This system is tested on a semi-annual basis by delivery of a test message. Crime Alerts are usually distributed for the following Uniformed Crime Reporting Program (UCRP), National Incident Based Reporting System (NIBRS) classifications: arson, criminal homicide, aggravated assault, weapons, and robbery. Cases of aggravated assaults and sex offenses are considered on a case-by-case basis, depending on the facts of the case and the information known by CNM Security. For example, if a violent assault occurs between two students who have a disagreement, there may be no ongoing threat to the CNM community and an emergency notification would not be distributed. But if that same assault occurs and in the process one of the students displays a weapon and runs into a campus building, a notification would need to go out. The CNM Chief of Safety and Security or Clery Compliance Manager will review all incident reports to determine if there is an ongoing threat to the CNM Community and if the distribution of a Crime Alert is warranted. Crime Alerts may also be posted for other crime classifications, as deemed necessary. Representatives from the CNM Chronicle, the student newspaper, are invited to meet with the Chief of Safety and Security or designee to discuss crime at the college and decide what can and cannot be reported to the community. The Security Department and the Marketing and Communications Office may receive information from various other offices/departments, i.e.: Dean of Students, Health Department, or Presidents Office. If the information received confirms a significant emergency and/or dangerous situation that poses an immediate threat to the health or safety of some or all members of the CNM community, Security and MCO will collaborate to determine the contents of the message and will use some or all of the systems described herein to immediately communicate the threat to the CNM community or to the appropriate segments of the CNM community. Security and MCO will without delay and taking into account the safety of the community determine the content of the notification and initiate the notification system, unless issuing a notification will, in the judgment of the first responders (including but not limited to: APD, AFD, BCFD, BCSO, RRPD and RRFD) compromise the efforts to assist a victim or to contain, respond to or otherwise mitigate the emergency. The Security Department is also equipped with megaphones that can be 10

11 utilized to facilitate communication by placing them in mobile units throughout the campus. The CNM community is encouraged to notify the CNM Security Department of any situation or incident on campus that may involve an immediate or ongoing threat to the health and safety of students, faculty and staff. Security has the responsibility of responding to, and summoning the necessary resources to mitigate, investigate and document any situation that may cause a significant emergency or dangerous situation. In addition, Security will assess such incidents to determine if the situation does in fact pose a threat to the CNM community. If so, Federal Law requires that the college notifies the campus community or the appropriate segments of the community that may be affected by the situation. Public Crime log The Central New Mexico Community College Security Department maintains a daily crime log which records incidents that occur on campus or within the patrol jurisdiction of the Central New Mexico Community College Security Department. The daily crime log includes the nature, date, time, and general location of each crime reported and the disposition of the complaint (if known at the time the log is created). The Security Department posts specific incidents in the Daily Crime Log within five business days after receiving a report of an incident. We reserve the right to exclude crime report information from the log under the following circumstances: If posting the information jeopardizes an ongoing investigation If posting the information would cause a suspect to flee or evade detection If posting the information could result in the destruction of evidence relating to the crime Once these factors are no longer present, and/or there is no longer a chance that posting the information would adversely affect any ongoing investigation, the information will be added to the log. The Daily Crime Log is open for public inspection at the Central New Mexico Community College Security Department in the Public Safety Building located at 725 University Blvd. SE Albuquerque, New Mexico, Security will make available the most recent 60-day crime logs. If you wish to view crime logs older than the most recent 60-days, a copy will be made available within two business days of a request for public inspection. If there are any questions, please contact CNM Security Department at (505) The log complies with the Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act. On-Campus Housing statement CNM does not offer on-campus housing to students. Per Clery Act regulations, our Annual Security Report does not therefor require an annual Fire report or Missing Student procedure. 11

12 II. Introduction to the CNM Security Department Mission Statement The mission of the Security Department is to provide a proactive protection program that addresses the security needs of the College. Protection of life, property, confidential information, and general public safety are paramount. The Department provides: Active Preventive Patrol Escort Services Building and Equipment Security Asset Protection of Tangible Resources Protection of Sensitive and Confidential Information Telecommunication via Radio Dispatch First Response CPR, First Aid Services Critical Incident Response Education and Training of Staff and the CNM Community Vision Statement CNM Security is a key support service which provides a safe environment for students, faculty, and staff, helping the educational process thrive. Through a proactive program approach, the department provides effective prevention and deterrence capabilities as the first line of protection for life, property and general public safety at CNM. Security Jurisdiction, Scope of Authority, Relationship with Law Enforcement CNM Security Department was established by and gains authority from the CNM Governing Board. Jurisdictional powers extend to all property owned, leased, and operated by CNM. The Security Department is charged primarily with the protection of life and property safety, and to investigate all campus crimes. Crimes are investigated in cooperation with Albuquerque Police Department and Bernalillo County Sherriff s Office as appropriate, and with the Rio Rancho Police Department and Sandoval County Sheriff s Office when incidents arise at CNM campuses in Rio Rancho. CNM Security Officers are trained and licensed by the State of New Mexico for levels 1 3 security practices, as well as in basic crime prevention. Security also provides support services such as motorist assistance, safety escorts to and from all parts of CNM campuses, and other common security duties. All officers are certified in Standard First Aid and CPR. CNM Security Officers do not have arrest authority, but cooperate and work closely with the local law enforcement agencies to coordinate response involving arrests made on campus. CNM Security maintains a cooperative and supportive relationship with the Albuquerque Police Department, the Bernalillo County Sheriff's Office, Rio Rancho Department of Public Safety and the New Mexico State Police. In 2003, CNM Security began partnering with APD police officers on chief s overtime to patrol CNM Main, Joseph M. Montoya and Westside campuses at specific times throughout the school year. The department also works to support local, state, and federal law enforcement 12

13 authorities in all criminal- related matters occurring on or near CNM campuses. This includes the sharing of training, pertinent information, investigations, and mutually beneficial projects and issues relating to the safety and well-being of the CNM community on all campuses and the adjoining communities it serves. CNM Security Contacts and Resources Chief of Safety and Security John Corvino Deputy Chief Lt. Louis Medina ext Day Shift Supervisor Lt. James Sykes ext Graveyard Shift Supervisor Sgt. Joseph Romero ext Swing Shift Supervisor Sgt. Jude Terry-Gonzales ext Clery Compliance Manager Jim Ardis ext Albuquerque Police and Fire, emergency Albuquerque Police, non-emergency Albuquerque Fire, non-emergency Bernalillo County Sherriff, non-emergency FBI Albuquerque branch office CNM Security and Campus Maintenance CNM normal business hours are Monday through Friday from 8:00 a.m. to 5:00 p.m. Classes run from 7:00 a.m. to 10:00 p.m. Monday through Friday and Saturday/Sunday from 8:00 a.m. to 6:00 p.m. In general, the school is closed from 11:00 p.m. to 6:00 a.m. Monday through Friday, 5:00 p.m. to 8:00 a.m. Saturday and Sunday. The College is closed on designated holidays. In general, access to the school facilities during this time must be pre-arranged by calling Security. Security officers regularly patrol the grounds and buildings on the campuses. Physical Plant D e p a r t m e n t ( P P D ) personnel maintain CNM facilities with additional concern for safety and security. Lighting surveys are conducted by PPD on a regular basis to address any lighting concerns or areas in need of repair. In addition, defective lighting conditions are reported as detected by Security officers. The CNM campuses are well lit and further improvements in campus lighting are continually being made, including the placement of high-intensity metal halide or sodium vapor lights on buildings, in parking lots, in areas with heavy landscaping and along sidewalks and pathways frequently traveled by students. The Security Department conducts security surveys as needed to continually assess facility security needs. The Director of Security administers key control policy and access to buildings. Master keys are restricted to critical staff and supervisors. Security alarm systems are managed through CNM Security. CNM students, faculty and staff have access to academic, recreational and administrative facilities on campus. The general public may attend cultural and recreational events on campus, with access limited to the facilities in which these events are scheduled. CNM Trespass Policy is also enforced by CNM Security. It states: 13

14 Members of the campus community, their invited guests, and members of the public community are welcome at CNM. That being the case, CNM reserves the right to ask any person not conforming with standards of acceptable behavior to leave the premises at any time, and reserves the right to ban parties for such behavior. Those who disregard this warning may be considered in violation of criminal trespass statute (under cited New Mexico provisions, NMSA 1978, ) and are liable for prosecution. NM Security officers may serve verbal or written trespass notices to disruptive members and non-members of the campus community and may refer individuals to local law enforcement for immediate arrest at the discretion of CNM Security. If a person served with a prior trespass notice reappears on campus, he or she may be subject to law enforcement referral and possible arrest. Campus Locations CNM is the largest community college in New Mexico and provides year-round instruction. There are 9 total CNM facilities in Albuquerque and Rio Rancho: Main Campus, 725 University SE Joseph M. Montoya Campus, 4700 Morris NE South Valley Campus, 5816 Isleta SW Workforce Training Center, 5600 Eagle Rock Avenue NE Westside Campus, Universe NE Rio Rancho Campus, 2601 Campus N.E., Rio Rancho Advanced Technology Center, 4700 Alameda Blvd NE STEMulus Center, 20 First Plaza Galleria NW AMREP, 333 NM 528 #400, Rio Rancho (this site is classified as a Non-Campus property) 14

15 III. Emergency Procedures and Evacuations Steps to take in all emergency situations: a. Remain calm b. Take a moment to answer these simple but critical questions: o Where are you right now? o Which Campus, Building and Room Number? (Building and room numbers are located on the blue laminated sign posted near the door in every room on all CNM campuses.) o What is happening? (for example, type of emergency: fire, medical or psychological crisis, and/or criminal activity) o Who is there? Name or description of individual(s) involved. c. Contact CNM Security at: 911 on any CNM phone if using a cell or pay phone Also available: Blue-light emergency call boxes are located at strategic points in campus parking lots with user instructions posted on the call boxes on all CNM campuses d. If someone is injured and it is possible for you to remain where you are without risk of harm to yourself, remain with person in crisis. e. Do not move victims until emergency response personnel arrive. f. If Ambulance or EMS is needed, contact CNM Security. Emergency Messaging As mentioned in the Clery Compliance Policy above, CNM Security is responsible for distributing Timely Warnings and Emergency Notifications that contain valid emergency messages and instructions to students, faculty and staff; these messages will be distributed via the ATTENTION CNM system, both and SMS text message. All messages will originate with the CNM Security Chief or Clery Compliance Manager, and are approved by Vice President or President s Office. A. Identifying Crisis Behaviors Common types of crisis behavior: Inappropriate behavior on campus Medical emergencies Psychological emergencies Inappropriate behavior on campus Definition: a behavior which may result in personal or property damage and/or is a threat to stability and continuance of normal college or college-sponsored activities. 15

16 Sample Inappropriate Behaviors: Violation of CNM policies or classroom norms Criminal activity Direct verbal and/or physical attack, inappropriate expressions of hatred Fondling Possession of a weapon, alcohol, or drugs on campus Harassment Medical Emergency Definition: a physical condition which would require the attention of a medical professional Sample Conditions: Serious physical injury Bleeding Seizures Burns Fainting Nausea/vomiting Slurred speech Disorientation Psychological Emergency Definition: a temporary inability to cope with a major or minor life problem, usually accompanied by a high degree of emotional distress or stressful demeanor. Causes may include factors such as drugs or mental illness. Sample Behaviors: Inability to assume self-responsibility Uncontrollable crying Complete withdrawal from normal interaction Signs of extreme stress such as hyperventilation, shouting, etc. Mental confusion/disorientation Extreme apathy Highly emotional state, such as panic or extreme anxiety Statements of paranoia, hopelessness, helplessness, or defeat Verbal or written communication that suicide is being considered IN ANY OF THESE INSTANCES, PLEASE CALL CNM SECURITY or 911. B. Building Evacuation Building evacuations may become necessary in cases of fire or weather related disruptions, as well as in certain maintenance related or emergency situations. All decisions to evacuate CNM buildings will be made by Security Chief John Corvino MCO officials, and Vice President for Student Services Philip Bustos. 16

17 Do: Remain calm and avoid panic. Evacuate immediately at the sound of the alarm or verbal order to evacuate. Take personal ID, purse or medicines with you leave everything else. Close but DO NOT LOCK doors as you leave. Leave lights on. Know the locations of at least two exits. During an emergency walk to the nearest exit and evacuate the building. Walk in an orderly but rapid manner, forming evacuation lines if possible. Bring any visitors with you. Alert others around you, but do not proceed to another area of the building to evacuate with friends. Walk directly out of the building. If possible, move any obstructions found in passageways or exits out of the exit path. Go to your assigned emergency assembly point outside the building and wait there. Do not leave the area unless you are told to do so by your building administrator, CNM Security officers or emergency response personnel (police or fire personnel). Account for all persons known to have been in your area at the time of the evacuation. IS EVERYONE OUT? Report to the building administrator or emergency personnel anyone you believe may still be in the building. Do not re-enter the building until notified by your building administrator or security personnel to do so. Fire personnel often silence the alarm in order to communicate with each other. Silencing the alarm is NOT a signal for you to re-enter the building. Wait for ALL CLEAR orders to return to building, or the LEAVE CAMPUS order to evacuate the campus. Do not leave for the day unless authorized to do so by emergency personnel (police and/or fire personnel), CNM Security officers or the building administrator. Don t: Panic or run. Use an elevator. Try to take valuables, equipment or paperwork. Congregate outside the building exit. DO NOT LEAVE CAMPUS WITHOUT CHECKING IN AT THE EMERGENCY ASSEMBLY POINT. C. Fire Procedures In case of fire, ANYONE MAY PULL THE FIRE EVACUATION ALARM and assist in evacuating the building. Do: Remain calm. Designate someone to contact CNM Security. 911 on any CNM phone if using a cell or pay phone 17

18 Evacuate the building in an orderly but rapid manner. Do not attempt to enter smoke-filled rooms or rooms where fire is present. Do not use the elevators to evacuate a building. Go to your assigned emergency assembly point outside the building and wait there. Do not leave the area unless you are told to do so by your building administrator, CNM Security officers or emergency response personnel (police or fire personnel). Account for all persons known to have been in your area at the time of the evacuation. IS EVERYONE OUT? Report to the building administrator or emergency personnel anyone you believe may still be in the building. Don t: Re-enter the building until notified by your building administrator or security personnel to do so. Fire personnel often silence the alarm in order to communicate with each other. Silencing the alarm is NOT a signal for you to re-enter the building. Panic. Leave for the day unless authorized to do so by emergency personnel (police and/or fire personnel, CNM Security officers, or the building administrator. THERE ARE NO EXCEPTIONS TO THE ORDER TO EVACUATE! D. Bomb Threat Procedure In the event a bomb threat is received by telephone, the following procedures will be followed: The person receiving bomb threat should do their best to remain calm. Get paper and pencil or your phone, and gather critical information listed below. Write down the number displayed on caller ID display of your telephone if available. Attempt to identify background noises that may help to identify location or other important factors. Time call received. Caller s voice: Male Female Undetermined Background noises: Voices Music None Other (describe): Attempt to determine location of caller. An educated guess should be made such as SEX, AGE, RACE, VOICE or ACCENT of the caller, or if a disguised voice was used. Employee should ask the caller what TIME the bomb is scheduled to explode, the LOCATION of the bomb and, if possible, the REASON for the threat. Employees receiving the call should complete the Bomb Threat Checklist while the details are still fresh in their memory. Actual words used (as close as possible). Time bomb is to explode: a.m. / p.m. 18

19 Location of bomb (if given). Reason given for threat. Employees should immediately notify SECURITY OFFICE at x Security will notify the Vice President for Student Services, or representative of the Marketing and Communications Office (MCO). Once threat is confirmed, the Chief of Security or the Clery Compliance Manager will send out a Timely Warning. E. Classroom Evacuations In general, a building evacuation is initiated by the audible/ visual fire alarm system or by verbal instructions from a building administrator, safety monitor or security officer in the building. Faculty members are responsible for: a. Orderly classroom evacuation as part of the building evacuation, and b. Accounting for students take a headcount (preferably, attendance) at every class session. Remain calm. Evacuate classroom immediately by directing students to the nearest exit door (or stairwell if in a multi-story building). Do not use elevators! Do not attempt to enter smoke-filled or hot rooms. Instructors are responsible for all mobility impaired and non- ambulatory individuals in their classes. Instructors will need to assign three people to assist with this procedure. In multi-story buildings, two people will accompany any individual using a wheelchair to the nearest Safe Haven and, if it is safe for them to do so, these students will stay with the individual until a security officer or emergency response personnel arrive. Do not attempt to move any individual from a wheelchair or attempt to carry a wheelchair and individual down stairways, unless it is absolutely necessary for the safety of the individual. Designate a third student to assist individuals with disabilities who can walk with assistance. These individuals should evacuate as quickly as possible with the assistance of the instructor-designated student. Take your grade book and all personal items. Take personal ID, purse or medicines with you leave everything else. Guide students out of the building to an area adjacent to the assigned emergency assembly point. Take attendance or headcount again. Report any students unaccounted for to the building administrator or emergency response personnel at the assigned emergency assembly point. Await ALL CLEAR to re-enter the building or LEAVE CAMPUS for class dismissal and campus evacuation. Do not leave for the day unless authorized to do so by emergency personnel (police and/or fire personnel), CNM Security officers or the building administrator. THERE ARE NO EXCEPTIONS TO THE ORDER TO EVACUATE! 19

20 Active Shooter Scenario F. What to do if an Active Shooter is Present The following information has been prepared to provide CNM students, staff and faculty with recommended guidelines on emergency actions that can be taken in the event an armed individual enters a building and starts shooting. These guidelines are based on Federal standard, as well as best practices surveyed from colleges and universities nationwide. The general rule of thumb in most shooter situations is: Run, Hide, Fight - in that order. RUN If it is possible to do so safely, the best option is to leave the area immediately when you become aware of an active shooter by moving away from the immediate path of danger, and then take the following steps: Notify anyone you may encounter to exit the building immediately. Do not activate a fire alarm. Evacuate to a safe indoor/outdoor area away from the danger and take protective cover. If possible, go to another campus building. Stay there until assistance arrives. Call 911 or from any campus phone and provide the dispatcher with the following information: Your name Location of the incident (be as specific as possible) Numbers of shooters (if known) Identification or description of shooter(s) Your exact location Injuries to anyone (if known) If you are directly involved in an incident and exiting/leaving the building is not possible, the following actions are recommended: HIDE Go to the nearest room/office Close and lock/barricade the door, if possible Turn off the lights Seek protective cover, i.e.; behind desks, tables Put your cell phones on vibrate, use only to communicate with emergency personnel Keep quiet and act as if no one is in the room. Do not answer the door; wait for the arrival of a police officer/security officer to escort you to safety. They will identify themselves and will be clothed in police attire. FIGHT: This final option is a last resort only to be undertaken in worst case scenarios where neither exit nor hiding is possible. It is most effective when done as a group, throwing objects, making noise, and attacking as one. This must be done definitively 20

21 with maximum intent, realizing you are in a life or death situation. Please be aware that if you are safely locked in an office or classroom, police/security officers may take some time to get to you. This is because the priority is to stop the threat. The fact that you may not hear or see officers right away could mean you are safely away from the immediate danger. Wait patiently until a uniformed law enforcement/security officer gives an all clear. Once you are rescued, the officers will guide you to safety. If you are staged away from the incident, do not leave the area until instructed to do so by a police/security officer. They may want to interview you to obtain information. Police Officers during Active Shooter Situation Law enforcement officers responding to an active shooter are trained to proceed immediately to the area in which shots were last heard, then engage and stop the shooter(s). Their primary mission is to neutralize aggression, to end the shooting as quickly as possible. The first responding officers may be in teams; they may be dressed in their normal police patrol uniforms, or they may be wearing specialized tactical gear i.e. helmets, vests. The officers may be armed with assault rifles, shotguns or hand guns. Do not run toward responding officers, do not expect their immediate assistance, and keep your hands in plain sight, making sure your hands are empty of any object that could be mistaken for a weapon. Do exactly as the officers instruct. Remember: they are focused on stopping the active shooter and restoring a safe environment. CNM Security Officers will not enter the area without the escort of police officers. The Security Officer(s) will assist with lock downs, evacuations (if the order is given), crowd control and will assist EMS with the injured if appropriate. Keeping Updated During an Emergency If an active shooter incident develops, CNM Security will implement its notification system to alert the CNM community. Timely warnings / emergency notifications will be distributed via ATTENTION CNM as and SMS text message as the incident progresses from beginning to end. Lockdown Procedures A lockdown of a building and or campus is a shelter in place technique utilized to limit human exposure to an apparent lifethreatening, hostile or hazardous situation on or near a CNM campus. Such a procedure exists to protect human life and property against a threatening situation, usually involving an active shooter. A lockdown will be declared by the Chief of Safety and Security after conferring with administrative representative(s). You will be notified through the CNM emergency system when a lockdown is announced. Timely warnings/information will be distributed as the incident progresses from beginning until the all-clear is given. A modified lockdown can be called by the Director of Security. This is utilized when the threat is known to be outside CNM property, i.e. police in the area looking for a violent offender with a gun or a violent crime occurs near a campus. Exterior doors to a building are locked by Security officers. Work and pedestrian traffic may continue within the building but no one will be allowed entry or exit. Because the threat is of lesser concern, Security officers are stationed around the perimeter of the campus until notified by law enforcement of an all clear. 21

22 What to do During a Lockdown You will be notified through the CNM Emergency Notification System. Remain calm, follow instructions of law enforcement/cnm Security or the designated CNM administrative person enlisted to help. Do not sound the fire alarm to notify occupants and initiate an evacuation. This may place people in danger or in the path of the shooter. If a fire alarm goes off during a lockdown, evacuate ONLY if you smell smoke. Be aware of safe alternate routes if it becomes necessary to flee. Remain indoors and immediately go to the nearest room staying away from windows. Lock/barricade the door(s). Cover windows on doors that have a direct line of sight to the shooter. Do not seek shelter in open areas such as corridors and/or hallways. Shut the blinds or pull the shades down. Turn off the lights only if it does not darken the room. Put your phone on vibrate: use it only if you are in contact with emergency personnel. Do not attempt to call others/guardians. This will prevent you from receiving CNM notifications messages and may cause traffic congestion from people wanting to come on campus for loved ones, preventing emergency departments from responding to the scene. Do not make noise that will draw attention to your location. If you are outside of a building when a lock down is announced, if it is safe to do so go into the nearest building. If it is not safe to do this, seek cover/hide behind a large heavy object i.e. a vehicle, large tree or wall. Active Shooter Training for CNM Faculty and Staff Mandated Active Shooter/Assailant training is a part of new employee orientation and is available online through the Employee Training Department. All employees are encouraged to view the video in its entirety. All employees are also encouraged to view the free online video Run Hide Fight. G. Anonymous Crime Reporting and Confidentiality Statement Victims and/or witnesses who wish to remain anonymous may voluntarily and confidentially report a crime for inclusion in the annual disclosure of crime statistics. Such reports can be made anonymously by phone through Silent Witness" at: Also, any concerns, suggestions or comments, can be submitted online at: Release of Confidential Information Policy Statement: The USA PATRIOT anti-terrorism act (Public Law ) i n r e l a t i o n t o FERPA, Family Educational Rights and Privacy Act, was amended to accommodate student information requests from law enforcement authorities investigating terrorism. Specifically, the new amendment to FERPA allows a U.S. Assistant Attorney General or a higher-ranking official to obtain a court order for release of student records on the basis of a certification. Institutions responding to such court orders "shall not be liable to any person for good faith disclosure of education records." Since the President's signing of the PATRIOT act on 10/26/2001, a subpoena or court order should now accompany all law enforcement requests for nonconsensual releases of non-directory information. 22

23 Nonconsensual release of private student information, unless pursuant to a subpoena or court order or otherwise authorized under a separate provision of law, could expose institutions to significant legal consequences. Please note that release of directory information for students who have not opted out is allowed. For more information about FERPA, see the Department of Education website. ( ). The Chief of Safety and Security is responsible for handling all law enforcement student records requests. Requests from the Immigration and Naturalization Service about students on foreign student visas should be directed to Chief of Safety and Security as well. The INS is legally entitled to access certain non-directory information on foreign students. In some cases, the Assistant Registrar will need to coordinate responses with other offices. This will be especially true when requests pertain to topics beyond student records, and may include such college units as security, human resources, Dean of Students, or academic departments. Applicable privacy laws governing releases of the different categories of information apply. IV. Title IX and VAWA Policies and Procedures A. Jurisdiction over Title IX Complaints at CNM Central New Mexico Community College (CNM) prohibits acts of sexual violence. The office of the Dean of Students (D.O.S.) and CNM Human Resources (HR) provide information to students and employees regarding CNM programs that are designed to prevent sex offenses. Sex offenses can include acts of forcible and non-forcible sexual violence such as rape or fondling; domestic violence, intimate partner (dating) violence, sexual assault, and stalking. Students accused of committing sex offenses will be adjudicated using the Student Code of Conduct. CNM is committed to providing students with a learning environment that is safe and harassment-free. Alongside HR, the Dean of Students office administers Title IX guidelines which prohibit discriminating on the basis of sex in any education programs or activities operated by recipients of Federal financial assistance. The D.O.S. will act as swiftly as circumstances permit to protect the safety of any reporting person and their educational environment, while respecting the due-process rights of the accused student. The CNM Student Code of Conduct sets forth further behavioral expectations for students and also the process by which possible violations are addressed. B. Notice to the Campus Community of Policy and Procedures An notification will be sent to students each term. The following dates will apply: fall term (October 1st th ), Spring Term (March 1 st ) and Summer Term (June 30 th ). Students will be notified via the Suncat Times at (a news publication to all CNM students each term). New students will also receive notification in their New Student Orientation Packet. Employees will receive notice via each October 1 st, via CNM News Link at (an electronic employee newsletter), the Annual Security Report, and in New Employee Orientation. C. Reporting Sexual Assault If a student or employee believes he or she has been a victim of sexual violence that includes sexual assault, sexual harassment, domestic violence, dating violence, or stalking, they should contact CNM Security immediately to place a report. 23

24 Emergency Dispatch (505) or 911 on any CNM phone Non-emergency Dispatch (505) Students: Follow-up call to the Dean of Students Office at (505) to schedule an appointment with the Dean of Students or the Director of Student Conduct and Responsibilities. Employees: Follow-up call to Human Resources at (505) D. Preservation of Evidence Many sexual misconduct offenses are also crimes in the state or locality where the incident occurred. Victims of sexual misconduct often have legal options that they can pursue. These options are available solely at the discretion of victims. CNM encourages those individuals who have experienced sexual misconduct to preserve evidence to the greatest extent possible. CNM does not conduct forensic tests as part of the investigation process; however, the results of such testing conducted by law enforcement may be submitted as evidence to be considered as part of CNM s investigation process. Some general evidence preservation guidelines are: Do not alter, dispose of, or destroy any physical evidence. Preserve evidence of electronic communications by saving them and taking screen shots of all relevant electronic messages. If there is suspicion that a drink may have been drugged, inform a medical assistance provider or law enforcement so they can attempt to collect possible evidence from the drink or through other means. Evidence preservation guidelines for sexual assault: Victims of sexual assault who wish to preserve evidence should go to a hospital or medical facility immediately to seek a medical examination for evidence collection. Victims of sexual assault should not shower, bathe, douche, smoke, brush teeth, eat, drink or change clothes or bedding before going to a medical facility. Victims who do change clothes or bedding should not wash the clothes or worn bedding used during the assault and should bring these items to the hospital in a non-plastic bag. (Note: Victim, Complainant, and Reporting Party may be used interchangeably depending on the context of the sentence. Accused Party, Responding Party and Respondent may likewise be used interchangeably.) Upon receipt of a complaint, the situation will be investigated by CNM as a violation of policy. If the person being reported is an employee, after meeting with the Dean of Students/Title IX Coordinator (or a trained designee) to discuss intermediate remedies and support available, Human Resources (HR) will investigate and adjudicate the complaint. HR may ask the Title IX Coordinator to provide findings based on the Title IX Coordinator s conversations with the complainant. E. Investigation Investigations will be impartial and the complainant and the responding party will have an equal opportunity to present and review relevant evidence. For student cases, the Student Code of Conduct also provides an equal right to have an advisor present 24

25 and an equal right to appeal any formal decision after adjudication. The reporting party and responding party will receive notification of the outcome of the investigation as nearly simultaneously as practical. F. Conflict of interest Every effort will be made to avoid real or perceived conflict of interest between any investigator s role at the college and the needs of the investigation. The college is diligent about ensuring that all investigations are conducted ethically and professionally to ensure a fair and due process to all individuals involved. G. Complaint Process Timing The Title IX coordinator responds immediately to all reported violations of Title IX. The coordinator will ensure that all reports are fully investigated and will take no longer than 60 days to complete an investigation. The following is an approximate timeframe for all stages of a Title IX investigation: a. Notice of grievance given to Title IX coordinator (timeline begins) b. Title IX eligibility determined (within two business days) c. Investigation of allegations (10-14 business days. Though in some circumstances, this may be delayed based on factors in the investigation that require scheduling of witness interviews.) d. Shared outcome of investigation (one to three business days) e. Notice of Charge (within two business days of investigation conclusion or during investigation as appropriate) f. Notice of Hearing (within two business days of investigation conclusion) g. Hearing (within five business days of notice of hearing) h. Notice of Outcome (within two business days) i. Appeal (within three business days) j. Notice of sanctions/remedies (no later than 60 days from original complaint) (Note: No victim will be required to resolve a Title IX complaint by dealing directly with the accused. In cases of sexual violence, mediation (such as Restorative Justice Mediation) would never be considered an appropriate means of resolution. No evidence relating to past relationships the alleged victim may have had would be considered relevant to any current complaint/investigation.) H. Informal Formal Process A complainant who has begun their complaint as an informal process will have the right to end the informal process and ensure the initiation, or continuance, of a formal investigation. I. Evidence of Past Relationships Not Allowed No evidence relating to past relationships the alleged victim may have had will be considered relevant to any current complaint/investigation. 25

26 J. Written Notice of Result Will be given to both parties to the complaint in writing as simultaneously as is physically possible. K. Documentation and Recordkeeping The documentation for Title IX complaints and investigations will be maintained in the Conduct Coordinator (CoCo) database system. This system provides electronic report documentation and immediate response upon request for information related to all Title IX cases that occur at the college. D.O.S. will work hard to ensure student safety (complainant and others) and will assist in arranging temporary remedies that may be appropriate to situations such as: working with faculty to manage missed classwork, changing class sections, or arranging for administrative services to be provided in an alternate way. (Note that these are examples and may not be appropriate in each situation.) The Office of the Dean of Students can also assist students in connecting with college resources, such as Achievement Coaches, or community resources, such as mental health counseling and advocate services. The Office of the Dean of Students is responsible for ensuring full confidentiality of records maintained in the office. Confidentiality will be maintained to the extent allowed by law in an effort to encourage the reporting of incidents. FERPA guidelines are strictly adhered to and the office will only release records under the following conditions: The Dean of Students (or his designee) and the Director of Student Conduct and Responsibilities are responsible for evaluating requests for confidentiality for Title IX cases. L. Retaliation CNM Policies prohibit retaliation in any form against individuals who file a complaint under Title IX to CNM management or those who cooperate in the investigation of such reports in accordance with this policy. Retaliation is unlawful. Any form of retaliation is a violation of CNM policy and will result in disciplinary action. M. Right to File a Criminal Complaint and a Title IX Complaint Simultaneously Once a report is filed, a victim can simultaneously file with CNM and with Police for a criminal complaint. Security can advocate to assist complainants in contacting law enforcement to file a criminal complaint and, if appropriate, in obtaining a Temporary Restraining Order (TRO). N. CNM Will Comply with all Law Enforcement Requests for Cooperation CNM complies with all local, state, and federal laws. The Office of the Dean of Students will often collaborate with the Office of Security on Title IX reports and investigations. In some instances, this may involve the Office of Security contacting appropriate police departments for assistance in resolving Title IX complaints. When this occurs, the college may temporarily suspend the investigation if requested by the police department. This does not absolve the Title IX coordinator from completing their investigation. It will adhere to the request of the police while providing remedies to all parties involved. The Office of the Dean of Students will still adjudicate the case with appropriate timelines. O. Evidentiary Standard 26

27 The Dean of Students or representative will decide investigation results and adjudicate complaints based on a standard known as a preponderance of the evidence. This is to say that given the evidence presented, it is more likely than not that alleged crimes did occur in the manner alleged by the complaint. P. Sanctions and Discipline Guidelines Students found responsible for violations of Title IX guidelines will be sanctioned according to the Student Code of Conduct. This includes the following: The responsibility of administering discipline is delegated by the President of CNM to the Vice President for Student Services for non-academic discipline and to the Vice President for Academic Affairs for academic discipline. In turn, these officers may delegate authority to other groups or individuals for handling violations of the Student Code of Conduct. Code violations and sanctions shall be monitored by the Dean of Students to ensure fairness and consistency. All disciplinary sanctions imposed at CNM will be reported to the Dean of Students Office for record-keeping purposes. CNM attempts to handle disciplinary matters immediately by keeping multiple hearing officers on staff. Each hearing officer is a CNM official who is an administrator, faculty member, or staff member. Hearing officers adjudicate cases when violations are alleged. The hearing officer is authorized to exercise active control over the proceedings in order to elicit relevant information, to avoid needless consumption of time, and to prevent the harassment or intimidation of witnesses. Disciplinary regulations at CNM are set forth in writing in order to give students general notice of prohibited conduct. It is recognized by CNM that students are adults and are expected to obey the law and take personal responsibility for their conduct. A CNM student is therefore subject to two sources of authority: the civil criminal authority of local law enforcement agencies and CNM authority. Violation of any municipal ordinance, law, or regulation of the State of New Mexico or law or regulation of the United States which may cause harm or endangerment to self or others or somehow compromises the educational mission of the College may result in disciplinary action. The College does not normally take disciplinary action for off-campus violations but it retains the right to act in special cases. Disciplinary action imposed by CNM may precede, and be in addition to, any penalty that might be imposed by an off-campus authority. When charged with a violation, a student has the right to receive notice of the violation and an opportunity to address all charges. For infractions where suspension, dismissal or expulsion may be imposed, a student will have additional rights as set forth in the Student Code of Conduct ( Charged students may decide what and how much information they will provide during a disciplinary conference or hearing. The procedures to be followed in matters of student misconduct are outlined in the Student Code of Conduct ( All alleged violations of non-academic rules and regulations contained herein will be referred to the Dean of Students Office. Any alleged violation should be reported as soon as possible after the violation occurs. Upon alleged violation of any of the provisions of this Code of Conduct during class or other CNM activity, CNM faculty and staff may remove that student from classes or other CNM activities for the remainder of that class/activity period, and shall promptly notify the Dean of Students as 27

28 to the action taken and the reason(s) therefore. Upon submission of alleged violation to the Dean of Students Office, the following procedures will apply: 1. In cases of behavior for which a sanction less than suspension, dismissal or expulsion may be imposed, after referral to the Dean of Students or his/her representative and investigation by the Dean or representative (at his/her discretion), the Dean (or representative) will provide: a. Oral or written notice of the charges against the student, and b. An opportunity for the student to admit or deny the allegations in conference with the Dean or his/her representative. If the student denies the allegations, the student is entitled to an explanation of the evidence against the student and will be given an opportunity in the conference to rebut the charges. c. As a result of the investigation and conference with the student, any of the following actions may be taken: i. The charges may be dismissed as unfounded or for lack of evidence; ii. The student may admit responsibility for violating the Code of Conduct and a sanction will be imposed; or iii. The Dean of Students or representative will deem the student responsible for Code of Conduct violations, based on a preponderance of the evidence, and an appropriate sanction will be imposed. 2. In cases of behavior for which suspension, dismissal or expulsion may be imposed, after referral to the Dean of Students and after any investigation by the Dean or his/her representative, the Dean or representative will establish a hearing date to occur as soon as is practical, or within ten (10) days of imposition of any interim suspension, and will provide to both parties: a. Written notice of the charges against the student; b. Written notice of the date, time and place of hearing; c. An opportunity for the student to personally participate in the hearing and to admit or deny the charges against the student. If the student admits to the charges, discipline will be imposed. If the student denies the charges, the student will be entitled to: i. An explanation of the evidence against the student; ii. The right to question witnesses in a manner determined by the Dean of Students or the Hearing Committee; iii. The right to examine, in advance of the hearing, documentation submitted relating to the charges; iv. The right to present a defense at the hearing; (a) The student may call his/her own witnesses and present relevant information or documentation; (b) Both parties to the complaint may have a silent advisor present for the hearing and pre-hearing meeting(s). The silent advisor can be legal counsel, but may be any person the student chooses. The silent advisor may not participate in the hearing or meetings. v. A recording of the hearing shall be made. The recording is CNM property. d. As a result of the investigation and hearing, one of the following actions may be taken: i. The charges may be dismissed as unfounded; ii. The student may admit responsibility for violating the Code of Conduct and appropriate sanctions may be imposed; or iii. The Hearing Committee will deem the student responsible for Code of Conduct violations based upon a preponderance of the evidence and appropriate sanctions may be imposed. e. The parties to the complaint will be notified of results and sanctions either orally following the hearing or sent in 28

29 writing within five (5) working days of the hearing. Violating the Student Code of Conduct will result in sanctions appropriate to the circumstances, including but not limited to warnings, Disciplinary Probation, No-Contact Directives, Bans from specific areas of CNM property or a certain class and separation from CNM for a period of time (Suspension or Dismissal) or permanently (Expulsion), or remand to law enforcement. CNM is committed to providing its community with an environment that is as safe as possible, including safety from discrimination based on gender, sexual harassment, and sexual violence. CNM will act as swiftly as circumstances permit when misconduct is reported to protect the safety of the reporting person and the educational environment while respecting the due process rights of the accused student. The CNM Student Code of Conduct explains behavioral expectations for students and the process by which possible violations are addressed. Besides enforcement under the Student Code of Conduct, the office can support victims of sexual misconduct in a variety of ways when a report is made. The Dean can provide Achievement Coaches, academic support, and other internal support systems. It offers several online resources (see section below) and numerous community resources on the Dean of Students webpage ( for physical and mental health support and recovery. Q. Active Bystander at CNM Active bystanders care about the community they live in. Rather than being passive bystanders when they witness troubling behavior, they strive to be active bystanders who take action to help make CNM a safe, accepting, and fun place to learn. The three main steps to remember are: Be Aware, Decide to Act, and Say Something. There are many possible situations that would call for an active bystander, including disrespectful or abusive behavior, homophobic, racist, or sexist jokes, discrimination, risky behavior resulting from substance use, or taking advantage of power imbalances (like status, size, or level of inebriation), or sexual and relationship violence. Remember: Being an active bystander doesn t have to be dramatic. It can be as simple as saying something like, Are you OK? or Can I talk to you for a sec? or That s really not cool. Some Safe Bystander Actions Are: Safety in numbers: Identify others who could help you (i.e., friends, party host, police) I statements: The conflict resolutions skills you learned in elementary school really do work. I statements focus on your feelings rather than criticizing the other person and include three parts: (1) state your feelings, (2) name the behavior, and (3) state how you d like the person to respond. Bringing it home: Showing someone how the impact of their behavior would feel if directed at them or someone they care about prevents them from dehumanizing the target of their behavior. (i.e., I hope no one ever talks about you like that. ) Be a friend: Reframing the intervention as your attempt to help someone be successful/stay out of trouble. (i.e., As your friend, I gotta tell you that the way you treat women at parties is not helping your reputation. ) Distraction can redirect action: Distraction can keep things from happening, and snap people out of comfort zone behavior that come from sexism, homophobia, or racism; behaviors can then be directed to something more positive. 29

30 R. Sex Offender Registry Notice The Federal Campus Sex Crimes Prevention Act requires institutions of higher education to issue a statement advising the campus community where law enforcement agency information provided by a State concerning registered sex offenders may be obtained. It also requires sex offenders already required to register in a State to provide notice, as required under State law, of each institution of higher education in that State at which the person is employed, carries on a vocation, or is a student. In New Mexico convicted sex offenders must register with the Sex Offender Registry. The Registry was established pursuant to NMSA 1978, 29-11A-7 of the New Mexico Criminal and Traffic Law Manual. Every person convicted on or after July 1, 1995, of an offense for which registration is required shall be required as a part of the sentence imposed upon conviction to register and reregister with the county sheriff s offices. In addition, all persons convicted of violations under the laws of the United States or any other state substantially similar to an offense for which registration is required shall provide to the local county sheriff s office all necessary information for inclusion in the New Mexico Department of Public Safety Registry within thirty days of establishing a residence within New Mexico. Nonresident offenders entering the state of New Mexico for employment, to carry on a vocation, or as a student attending school who are required to register in their state of residence or who would be required to register under this section if a resident of the state of New Mexico shall, within ten days of accepting employment or enrolling in school in the state of New Mexico, be required to register and reregister pursuant to this section. For purposes of this section "student" means a person who is enrolled on a full-time or part- time basis, in any public or private educational institution, including any secondary school, trade or professional institution, or institution of higher education. Information concerning offenders registered with the Sex Offender Registry may be disclosed to any person requesting information on a specific individual in accordance with the law. Information regarding a specific person requested pursuant to the law shall be disseminated upon receipt of an official request form, which may be submitted directly to New Mexico s Department of Public Safety or to State Security through a local law-enforcement agency. The New Mexico Department of Public Safety shall make Registry information available, upon request, to criminal justice agencies including local law- enforcement agencies Local and Online Resources for Victims of Sexual Assault Office on Violence Against Women NM Sexual Assault Nurse Examiners 24-hour nurse line NM Rape Crisis Center 24-hour hotline Agora Crisis Center Hotline National Domestic Violence Hotline Stalking Resource Center NotAlone.gov Rape, Abuse and Incest National Network (RAINN) The National Suicide Prevention Hotline GirlsHealth.gov

31 Love Is Respect Consent as Tea S. Training for Staff Central New Mexico Community College requires that all employees (faculty and staff) complete a mandatory online training. The training is titled Preventing Discrimination and Sexual Violence: Title IX and SaVE Act. The Dean of Students has an office staff of four employees who have received this training. All of the employees have received Level One Civil Rights Investigator training through the Association of Title IX Administrators. The Chief of Security and one of his Lieutenants have also received this training. The Dean s Director of Student Conduct and Responsibilities has also received Title IX Deputy Director training from TrainEd. Continued training will occur for this team that will implement the grievance procedures. T. Title IX Coordinator The Title IX Coordinator for CNM is Dr. Rudy M. Garcia. He has worked at CNM for 27 years as both faculty and administration, and is the current Dean of Students. He is responsible for oversight of several federally-mandated programs at CNM. He is certified as a Level One Civil Rights Investigator through the Association of Title IX Administrators. He has also completed Title IX Coordinator training through TrainEd. He has over 24 hours of Title IX training in addition to the experience gained by his 10 years as Dean of Students. 31

32 V. Crime Prevention, Safety Tips, and Resources Community Role in Campus Security Although CNM works hard to ensure the safety of all individuals within its community, students and employees themselves must ultimately take responsibility for their own personal safety and that of their personal belongings. Simple common sense precautions are the most effective means of maintaining personal security. For example, although the CNM campus is well-lit and may appear safe, all members and guests of the CNM community are encouraged to utilize Security Escort Services while walking across campus. Remember, if you see something, say something! Prevention We need YOU to work with us to prevent crime on campus. If you SEE something, SAY something. Be alert and look out for each other. Use common sense precautions and call us. Do: A. De-escalation Use the following suggestions in your daily interactions with people to de-escalate potentially violent situations. If at any time a person s behavior starts to escalate beyond your comfort zone toward violence, work to disengage. When it is not possible to disengage in such situations, follow these common sense steps: Project calmness: move and speak slowly, quietly and confidently. Be an empathetic listener: encourage the person to talk and listen patiently. Focus your attention on the other person to let them know you are interested in what they have to say. Maintain a relaxed yet attentive posture and position yourself at a right angle rather than directly in front of the other person. Acknowledge the person s feelings. Indicate that you can see he/she is upset. Establish ground rules if unreasonable behavior persists. Calmly describe the consequences of any violent behavior. Use delaying tactics that will give the person time to calm down. For example, offer a drink of water. Be reassuring and point out choices. Break big problems into smaller, more manageable problems. Accept criticism in a positive way. When a complaint might be true, use statements like You re probably right or It was my fault. If the criticism seems unwarranted, ask clarifying questions. Ask for his/her recommendations. Repeat back to him/her what you feel he/she is requesting of you. Arrange yourself so that a visitor cannot block your access to an exit. Don t: Use styles of communication that generate hostility, such as apathy, brush off, coldness, condescension, and robots, going strictly by the rules or giving the run-around. Pose in challenging stances such as standing directly opposite someone, hands on hips or crossing your arms. Avoid any physical contact, finger pointing or long periods of fixed eye contact. 32

33 Make sudden movements that can be seen as threatening. Notice the tone, volume and rate of your speech. Challenge, threaten or dare the individual. Never belittle the person or make him/her feel foolish. Criticize or act impatiently toward the agitated individual. Attempt to bargain with threatening individual. Try to make the situation seem less serious than it is. Make false statements or promises you cannot keep. Try to impart a lot of technical or complicated information when emotions are high. Take sides or agree with distortions. Invade the individual s personal space. Make sure there is a space of 3 to 6 between you and the person. B. Consider: Do You Contribute to Workplace Safety? Did you lock your vehicle when you left it in the parking lot this morning? If you are the last to leave at night, do you lock the door to your office or notify security? Did you report that broken light in the parking lot? Did you submit a workorder to have those loose extension cords taped down? Do you know the location of the fire extinguishers in the building? Do you keep your purse with you or locked in a drawer or closet instead of on your desk or on a table? If something suspicious or frightening happened such as a stranger loitering near the door, a burglary, or a telephone bomb threat do you know the telephone numbers for the security, police and fire departments? Do you keep track of the office keys in your possession, storing them in a secure place and not handing them out to unauthorized persons? Do you shred important papers before discarding them in the wastebasket? Do you avoid letting unknown telephone callers know that your boss or fellow workers are out of town? If a co-worker were the victim of crime, would you know how to help? C. Additional Personal Safety Tips Trust your instincts when something doesn t feel right; leave or call security Be aware of your surroundings If you have a cellular phone have it turned on and easily accessible After dark or in new places, walk with friends when possible Check the back seat of your vehicle before entering Report all suspicious behavior to security or local law enforcement authorities Park in well-lit, well-traveled areas whenever possible. NEVER LEAVE VALUABLES, IDENTIFICATION, MONEY OR BANKCARDS IN YOUR CAR. If you are working late and feel insecure, call CNM dispatch for a security officer or a co-worker to escort you to your vehicle. Always lock your car and roll the windows up all the way. 33

34 D. Use the Prevent System Prevention is the most effective means of fighting crime or fire Record the description of suspicious persons from a safe distance, do not confront them yourself Escape is the primary objective if you are in a dangerous situation Value your safety and the safety of others Employ common sense and awareness in your day-to-day activities Notify Security if you are the victim of a crime or witness one Telephone or 911 for any emergency VI. Alcohol and Other Drugs Introduction The 1989 amendments to the Drug-Free Schools and Communities Act (DFSCA) as defined in the Education Department General Administrative Regulations (EDGAR Part 86) require that institutions of higher education conduct a biennial review of their Alcohol and Other Drugs (AOD) policies and procedures. Regulations state that institutions of higher education receiving federal funds or financial assistance must develop and implement a program aimed at preventing the illegal use of alcohol and other drugs on campus. In compliance, Central New Mexico Community College (CNM) will conduct its biennial review on odd numbered years beginning in 2015 and will report based on calendar years. This report includes information and data from calendar years 2013 and CNM is New Mexico s largest community college with nearly 25,000 students enrolled in the 2016 Fall Term. It provides quality and affordable education to students across the Albuquerque-metro area at nine different locations. CNM takes the safety and well-being of its students and employees very seriously. Providing a safe and healthy learning environment provides for academic success and employee productivity. CNM is committed to maintaining a drug- and alcohol-free environment, while supporting students and staff with resources should they require them for alcohol- and/or drug-related problems. A. Notification of Abuse Policy to the CNM Community CNM HR maintains a copy of the substance abuse policy. The policy covers all property and facilities owned, used, leased or controlled by CNM and any other site where CNM business is being conducted, including motor vehicles. The policy is applicable to employees and students. Additional employee policy information is available by reading IS-2098 Drug-free Workplace (Administrative Directive). The Student Code of Conduct is applicable to students. The School of Health, Wellness & Public Safety and the School of Applied Technologies also have supplemental substance abuse polices that apply to students enrolled in their licensure programs. Employees and students can log on to the CNM website to view and download these policies. The Office of the Dean of Students provides the campuses with paper copies of the Student Code of Conduct as well. In addition, the annual Security Report (Clery Report) provides information on substance abuse polices and resources. CNM will notify all employees and students of the AOD policy annually. Employees will receive s from the Human 34

35 Resources department with a link to the policy. New Employee Orientation will include information on the AOD policy each month it is offered for incoming new employees. Students will receive an within the first two weeks of the start date for each semester with the link to the policy from the Office of the Dean of Students. The Suncat Times (an electronic newsletter for students) will also be utilized to inform students of the policy. A portion of the New Student Orientation will include a discussion on the AOD policy. B. Standards of Conduct By enrolling at CNM, a student accepts responsibility for compliance with all local, state, and federal laws and with CNM s regulations, while retaining the rights guaranteed under the Constitution of the United States and the state of New Mexico. A student alleged to have engaged in any misconduct shall have the right of due process and appeal as delineated in the Student Code of Conduct. The College expects all students to show respect for the rights of others and for authority, to protect private and public property, to carry out contractual obligations, and to take responsibility for their own actions and the actions of their guests. The Legal Violations of the Student Code of Conduct states that unlawful possession, use, distribution or sale of any narcotic or dangerous drug (as defined by the statutes of the state of New Mexico) is a violation of the Student Code of Conduct. Possession or consumption of alcoholic beverages in contradiction of state law and/or CNM policy is a violation of the Student Code of Conduct. The Student Code of Conduct applies to all students on college property, in CNM approved classes, during field trips, or while participating in activities off campus. A violation of AOD policies is a violation of the Student Code of Conduct. CNM has committed its resources to creating an environment that fosters learning. Such an environment depends in part on the physical, emotional, and social well-being of CNM employees. Abuse of alcohol and drugs impairs work performance, poses a threat to the health and safety of the CNM community, and undermines the learning environment. CNM is committed not only to maintaining a drug-free campus but also to helping employees solve drug- and alcohol-related problems. *Nothing in this policy should be construed as prohibiting the lawful use of alcoholic beverages for academic purposes in the Culinary Arts and Hospitality and Tourism Programs, as long as such use is consistent with standard industry practices. C. Scope of Policy This policy covers all property owned, used, leased or controlled by CNM and any other site where official CNM business is being conducted. Controlled substances are defined in Schedules I through V of the Controlled Substances Act, 21 U.S.C.812, and implementing regulations, 21 CFR Controlled substances include, but are not limited to: marijuana, cocaine (including crack), amphetamines, heroin, PCP, hallucinogens, and certain prescription drugs. Illegal uses of alcohol include but are not limited to: serving, buying or drinking alcohol by a minor; assisting a minor or an intoxicated person to get alcohol; selling alcohol without a license; and driving while under the influence. This policy is not intended to supersede or negate any existing policies on substance abuse, employee discipline, or any additional requirements imposed on CNM or its employees by federal or state law. D. Policy Statement CNM will support and enforce the laws of the city, state and federal governments regarding the use, sale or possession of controlled substances or alcohol. The unlawful manufacture, distribution, dispensing, possession or unlawful use of controlled 35

36 substances or alcohol on CNM property or as part of any of its activities by any CNM employee is strictly prohibited. It shall be a violation of this policy for any CNM employee to be illegally under the influence of a controlled substance while at work or on CNM property. As a condition of employment, all CNM employees shall abide by the terms of this policy. Violation shall result in disciplinary action, up to and including termination. Employees shall not drink alcoholic beverages during working hours, nor shall they report for work or otherwise be on CNM property under the influence of intoxicants to any degree, nor shall they have any odor of intoxicants on their breath. Employees shall not bring or store any open containers of alcoholic beverages on any College property or work site or in the employee s vehicle while the vehicle is on College property. Employees under the care of a physician and using prescribed drugs on campus under a physician s direction shall have a proper statement from the physician authorizing the use of the drug and describing the side effects, if any, resulting from the use of the drug. If, in the opinion of the supervisor, an employee s actions and/or behavior are considered unsafe as a result of using the drug, the employee may be sent home. Any employee engaged in the performance of work under a federal contract or grant is required, as a condition of employment, to notify his/her supervisor in writing within five calendar days if he/she is convicted of a criminal drug statute violation occurring in the workplace. Failure of the employee to notify the supervisor shall be grounds for disciplinary action. The supervisor shall notify the CNM administration. The administration is required to notify the grant agency in writing within 10 calendar days after receiving such notice from an employee or otherwise receiving an action notice of such conviction. In recognition of the dangers of substance abuse in the workplace, CNM shall maintain alcohol- and drug-free awareness programs to inform members of the campus community about issues and risks of substance abuse. An Employee Assistance Program is available for employees. The College will observe confidentiality regarding requests by employees for any type of substance abuse counseling information or assistance. No information will be disclosed without the written consent of the employee except in response to court order. CNM s response to any violation of this policy may include, as a total or partial alternative to the disciplinary action, a requirement that the employee participate satisfactorily in an approved substance-abuse treatment or rehabilitation program as a condition of continued employment. E. Alcohol and Other Drugs Awareness information CNM recognizes that the use of illicit drugs and abuse of alcohol can lead to work, school, home, health or legal problems. When an employee or student abuses alcohol, it can lead to physical injuries, aggression and antisocial behavior, sexual risk taking, and suicide or self-injury. Long- term effects can include introduction to other drugs, depression and anxiety, social problems, as well as physical health problems (i.e., liver disease, brain damage, heart impairment, muscle weakness, weight gain, etc.). The abuse of illicit drugs such as (but not limited to) cannabis, opioids (including heroin), cocaine, amphetamines (including methamphetamines and dextroamphetamine), hallucinogens (including Ecstasy), and inhalants can have life damaging effects. The explanations below provide outlines of the effects that alcohol and drugs can have on an individual. 36

37 1. Alcohol Although used routinely as a beverage for enjoyment, alcohol can also have negative physical and mood effects when abused. These physical or mental alterations in an employee or student may have serious personal and public safety risks. Health Effects An average of three or more servings per day of beer (12 oz.), whiskey (1 oz.), or wine (6 oz.) over time, may result in the following health hazards: Dependency Fatal liver diseases Kidney disease Pancreatitis Ulcers Decreased sexual functions Increased cancers of the mouth, tongue, pharynx, esophagus, rectum, breast, and malignant melanoma Spontaneous abortion and neonatal mortality/birth defects Social Issues 2/3 of all homicides are committed by people who drink prior to the crime. 2-3% of the driving population is legally drunk at any one time. This rate doubles at night and on weekends. 2/3 of all Americans will be involved in an alcohol-related vehicle accident during their lifetime. The separation and divorce rate in families with alcohol dependency problems is seven times the average. 40% of family court cases are alcohol-related. Alcoholics are 15 times more likely to commit suicide. More than 60% of burns, 40% of falls, 69% of boating accidents, and 76% of private aircraft accidents are alcoholrelated. Over 17,000 fatalities occurred in 1993 in highway accidents, which were alcohol-related. This was 43% of all highway fatalities. 30,000 people will die each year from alcohol caused liver disease. Up to 125,000 people die each year due to alcohol-related conditions or accidents. Workplace/Classroom Issues It takes one hour for the average person (150 pounds) to process one serving of alcohol from the body. Impairment can be measured with as little as two drinks in the body. A person who is intoxicated is many times more likely to have an accident than a sober person. Effect throughout the Body Mouth and Esophagus: Alcohol is an irritant to the delicate linings of the throat and food pipe. It burns as it goes down. Stomach and Intestines: Alcohol has an irritating effect on the stomach s protective lining, resulting in gastric or duodenal ulcers. This condition, if it becomes acute, can cause peritonitis, or perforation of the stomach wall. In the small intestine, alcohol blocks absorption of such substances as thiamin, folic acid, fat, vitamin B 1, vitamin B 12, and 37

38 amino acids. Bloodstream: 95% of the alcohol taken into the body is absorbed into the blood stream through the lining of the stomach and duodenum. Once in the bloodstream, alcohol quickly goes to every cell and tissue in the body. Alcohol causes red blood cells to clump together in sticky wads, slowing circulation and depriving tissues of oxygen. It also causes anemia by reduction of red blood cell production. Alcohol slows the ability of white cells to engulf and destroy bacteria and degenerates the clotting ability of blood platelets. Pancreas: Alcohol irritates the cells of the pancreas, causing them to swell, thus blocking the flow of digestive enzymes. The chemicals, unable to enter the small intestine, begin to digest the pancreas, leading to acute hemorrhagic pancreatitis. One out of five patients who develop the disease dies during the first attack. Pancreatitis can destroy the pancreas and cause a lack of insulin, thus resulting in diabetes. Liver: Alcohol inflames the cells of the liver, causing them to swell and block the tiny canal to the small intestines. This prevents bile from being filtered properly through the liver. Jaundice develops, turning the whites of the eyes and skin yellow. Each drink of alcohol increases the number of live cells destroyed, eventually causing cirrhosis of the liver. This disease is eight times more frequent among alcoholics than among non-alcoholics. Heart: Alcohol causes inflammation of the heart muscle, it has a toxic effect on the heart, and causes increased amounts of fat to collect, thus disrupting its normal metabolism. Urinary Bladder and Kidneys: Alcohol inflames the lining of the urinary bladder making it unable to stretch properly. In the kidneys, alcohol causes increased loss of fluids through its irritating effect. Sex Glands: Swelling of the prostate gland caused by alcohol interferes with the ability of the male to perform sexually. It also interferes with the ability to climax during intercourse. Alcohol may also cause damage to a fetus resulting in birth defects. Brain: The most dramatic and noticed effect of alcohol is on the brain. It depresses brain centers, producing progressive lack of coordination, disorientation, stupor, anesthesia, coma, death. Alcohol kills brain cells and brain damage is permanent. Drinking over a period of time causes loss of memory, judgment and learning ability. 2. Other Drugs Marijuana Marijuana is a controlled substance under Federal Law. Possession, cultivation and use are Federal offenses. CNM must comply with the Drug-Free Workplace Act of 1988 and the Drug-Free Schools and Community Amendments of 1989, which require all colleges who are recipients of federal funds to take measures to ensure statutes are followed. Individuals with medical marijuana cards at CNM must abide by CNM s policies and procedures. Health Effects Emphysema-like conditions: One joint of marijuana contains cancer-causing substances equal to 1/2 pack of cigarettes. One joint causes the heart to race and be overworked. People with heart conditions are at a risk. Marijuana is commonly contaminated with the fungus Aspergillus, which can cause serious respiratory tract and sinus infections. 38

39 Marijuana lowers the body s immune system response, making users more susceptible to infection. Chronic smoking causes changes in brain cells and brain waves. The brain does not work as efficiently or effectively. Long-term brain damage may occur. Tetrahydrocannabinol (THC) and 60 other chemicals in marijuana concentrate in the ovaries and testes. Chronic smoking of marijuana in males causes a decrease in testosterone and an increase in estrogen, the female hormone. As a result, the sperm count is reduced, leading to temporary sterility. Chronic smoking of marijuana in females causes a decrease in fertility. A higher than normal incidence of stillborn births, early termination of pregnancy, and higher infant mortality rates during the first few days of life are common in pregnant marijuana smokers. THC causes birth defects including brain damage, abnormalities to the spinal cord, forelimbs and liver, and water on the brain and spine in test animals. Prenatal exposure may cause underweight newborn babies. Fetal exposure may decrease visual functioning. A user s mental function can display the following effects: Delayed decision making Diminished concentration Impaired short-term memory Impaired signal detection Distortion of time estimation Impaired tracking Erratic cognitive function Workplace/Classroom Issues THC is stored in body fat and is slowly released. Marijuana smoking has long-term effects on performance. Increased THC potency in modern marijuana dramatically compounds the side effects. Combining alcohol or other depressant drugs with marijuana increases the impairing effects of both. Cocaine Cocaine is used medically as a local anesthetic. When abused, it becomes a powerful physical and mental stimulant. The entire nervous system is energized. Muscles tense, the heart beats faster and stronger, and the body burns more energy. The brain experiences exhilaration caused by a large release of neurohormone associated with mood elevation. Health Effects Regular use may upset the chemical balance of the brain. As a result, it may speed up the aging process by causing damage to critical nerve cells. Parkinson disease could also occur. Cocaine causes the heart to beat faster, harder, and rapidly increases blood pressure. It also causes spasms of blood vessels in the brain and heart. Both lead to ruptured vessels causing strokes and heart attacks. 39

40 Strong dependency can occur with one hit of cocaine. Usually mental dependency occurs within days of using crack or within several months from snorting cocaine. Cocaine causes the strongest mental dependency of all the drugs. Treatment success rates are lower than other chemical dependencies. It is extremely dangerous when taken with other depressant drugs. Death due to overdose is rapid. Fatal effects are usually not reversible by medical intervention. Workplace/Classroom Issues Extreme mood and energy swings create instability. Sudden noise causes a violent reaction. Lapses in attention and ignoring warning signals increases probability of accidents. High cost frequently leads to theft and/or dealing. Paranoia and withdrawal may create unpredictable or violent behavior. Performance is characterized by forgetfulness, absenteeism, tardiness, and missing assignments. Opiates Opiates are narcotic drugs which alleviate pain and depress body functions and reactions. Health Effects Intravenous needle users have a high risk of contracting hepatitis or AIDS when sharing needles. Increased pain tolerance. As a result, people may more severely injure themselves and fail to seek medical attention as needed. Narcotic effects are multiplied when combined with other depressants causing an increased risk of an overdose. Because of tolerance, there is an ever-increasing need for more. Strong mental and physical dependency occurs. With increased tolerance and dependency combined, there is a serious financial burden for the users. Workplace/Classroom Issues Side effects such as nausea, vomiting, dizziness, mental clouding and drowsiness place the user at high risk for an accident. Causes impairment of physical and mental functions. Amphetamines Amphetamines are central nervous system stimulants that speeds up the mind and body. Health Effects Regular use causes strong physiological dependency and increased tolerance. High doses may cause toxic psychosis resembling schizophrenia. Intoxication may induce a heart attack or stroke due to increased blood pressure. 40

41 Chronic use may cause heart or brain damage due to severe constriction of capillary blood vessels. Euphoric stimulation increases impulsive and risk-taking behavior, including bizarre and violent acts. Withdrawal may result in severe physical and mental depression. Workplace/Classroom Issues Since the drug alleviates the sensation of fatigue, it may be abused to increase alertness during periods of overtime or failure to get rest. With heavy use or increasing fatigue, the short-term mental or physical enhancement reverses and becomes an impairment. Phencyclidine (PCP) Phencyclidine is often used as a large animal tranquilizer. It is abused primarily for its mood altering effects. Low doses cause sedation and euphoric mood changes. Mood can rapidly change from sedation to excitation and agitation. Larger doses may produce a coma-like condition with muscle rigidity and a blank stare. Sudden noises or physical shocks may cause a freak-out in which the person has abnormal strength, violent behavior, and an inability to speak or comprehend. Health Effects The potential for accidents and overdose emergencies is high due to the extreme mental effects combined with the anesthetic effect on the body. PCP, when combined with other depressants, including alcohol, increases the possibility of an overdose. If misdiagnosed as LSD-induced, treating with Thorazine can be fatal. Irreversible memory loss, personality changes, and thought disorders may result. Workplace/Classroom Issues Not common in workplace primarily because of the severe disorientation that occurs. There are four phases to PCP: Acute toxicity causing combativeness, catatonia, convulsions and coma. Distortions of size, shape and distorted perception are common. Toxic psychosis with visual and auditory delusions, paranoia and agitation. Drug induced schizophrenia. Induced depression which may create suicidal tendencies and mental dysfunction. It is the goal of CNM to provide AOD information and programming to students and employees regarding these risks. The Mental Health First Aid USA training and program will be utilized to provide information and risks involved in substance abuse disorders. CNM already provides an eight-hour certificate training in this program to students and employees. Currently over 300 students and employees have been certified in Mental Health First Aid USA, wherein an entire chapter of the training manual is focused on substance abuse disorders. F. Support and Resources for Students and Employees 41

42 Students CNM is a caring institution and wants its students to be successful while attending college and earning their degrees or certificates. Students can receive up to eight free counseling sessions through the mental health services provided at CNM s Main Campus. CNM has entered into a partnership with Samaritan Counseling for possible services at its additional campuses. CNM also maintains a current list of referral agencies within the local Albuquerque area for students who may need additional help beyond services provided by CNM. Employees CNM understands that its employees are the core of what makes the college successful. CNM does offer its employees services through its Employee Assistance Program (EAP). It offers confidential services for those employees in need of these types of support and recovery services. Employees suffering from substance abuse symptoms are encouraged to seek help. Employees can also request services through the resource list of Albuquerque agencies that provide direct support for this type of recovery. Alcohol and Other Drug Statistics CNM has a very low incidence of alcohol and other drug abuse, mainly due to the fact the College is a two-year institution with no dormitories, sororities, fraternities, or athletic teams. CNM s campuses are transitory in nature with students arriving to take their courses and often leaving campus when they are finished. The majority of incidents involving alcohol and other drug abuse involve the general public on CNM property. Program Goals CNM s vision statement of Changing Lives, Building Community truly represents the transition that students undergo when they enroll, attend, and graduate from CNM. The College s core values of Be Caring, Be Ethical, Be Inspiring, Be Connected, Be Exceptional, and Be Courageous permeates the interactions that employees have with students. The AOD program goals are based on this vision statement and core values. The AOD goals include: Provide students and employees with support and information on leading healthy life styles that promote an alcoholand drug-free existence. As part of CNM s healthier campus initiatives, design and implement programming to educate and train employees and students on the risks associated with AOD abuse. AOD Assistance Programs CNM cares for its students and employees as evidenced by the variety of resources available to both populations. It is a college that believes it is important to provide programming that will support the well-being, physical, and mental health of its students and employees. Students who violate the Student Code of Conduct are required to meet with the Director of Student Conduct and Responsibilities as part of their due process in an investigation of alcohol and other drug abuse. The Director of Student Conduct and Responsibilities ensures that a fair process is provided to students in these types of investigations. If the student is found to have violated the Student Code of Conduct, the student is issued a disciplinary sanction but is also provided resources for recovery from the substance abuse. The Office of the Dean of Students firmly believes in maintaining a safe campus and learning environment; the Office also believes in helping students change behaviors that may be addictive or abusive towards alcohol 42

43 and/or drugs. The Office of the Dean of Students has established a welfare check protocol through which faculty, staff, and students can refer a student whose behavior may be suspect to AOD abuse. D.O.S. will meet with the student to determine if the student is in need of assistance for an AOD issue. Referrals are made to the college counselor or outside agency partners such as Samaritan Counseling. These welfare checks have proven to be successful as an early alert system for students in AOD crisis. CNM s Veterans Resource Center (VRC) has worked closely with the Office of the Dean of Students with veterans who have AOD issues. The VRC is staffed with a VetSuccess Counselor (the counselor is trained in vocational rehabilitation and has had mental health training) who can identify student veterans in need of AOD counseling. These referrals are made through the regional Veterans Administration system. CNM has Connect Centers that provide personalized services and resources to students in need. They are located at the Advanced Technology Center, Main Campus, Montoya Campus, Rio Rancho Campus, South Valley Campus, STEMulus Center and Westside Campus. The Connect Centers are staffed by Achievement Coaches who are employees dedicated to supporting student success at CNM. Their role includes assisting students with community resources. Read more information about Achievement Coaches. AOD Events and Programming In spring 2015, CNM signed a Memorandum of Understanding (MOU) with Partnerships for a Healthier America to focus on a healthy college campus (for both students and employees). The MOU requires the College to develop guidelines that focus on a healthy physical well-being for students and employees. CNM added a mental health component that will focus on mental health well-being to include AOD preventive guidelines. The Student Activities Office (with oversight by the Office of the Dean of Students) is instrumental in providing the CNM community with a variety of events geared towards information on AOD. The events bring organizations that provide community services and resources to CNM, where students and employees can access information on support programs aimed at reducing alcohol and other drug abuse. These events include: Student Community and Resource Fair (SCARF) offered at CNM s Main, Montoya, Westside, and South Valley campuses during each term. The fair provides the CNM community with the opportunity to interact with various social agencies that deal directly with alcohol and substance abuse. These include counseling centers, domestic violence shelters, homeless centers, food banks, recovery centers, and many other support entities. CNM/University of New Mexico Behavioral Health Series is offered at CNM s Main, Montoya, Westside and South Valley campuses during each term. This series brings experts in the field of behavioral health to present to the CNM community on topics such as Chronic Pain and Addiction, Alcohol and Domestic Violence, Substance Abuse Disorders, and other related topics. CNM s Montoya Campus offers a series of presentations on alcohol abuse and recovery through the DWI Resource Center. This is offered during the fall and spring terms for students and employees. Annually, efforts are made to schedule the DWI simulator at Main and Montoya campuses. This activity allows students to simulate what it would be like to drive a vehicle under the influence of alcohol. It provides students with a safe real-life example of how deadly drinking and driving can be. 43

44 Fall Fest is offered each fall term at CNM s Main, Montoya, Westside, and South Valley campuses. This event provides interactive events for students and employees with external agencies. The agencies include social services entities directly related to AOD abuse and recovery. Mental Health Awareness week is offered each May to coincide with National Mental Health Awareness Month. During this week, a community fair is held at CNM s Main, Montoya, Westside, and South Valley campuses. This fair is specific to social agencies that deal directly with depression, anxiety disorders, psychosis, substance abuse disorders and eating disorders. Mental Health First Aid USA trainings are offered at all CNM campuses on an as-needed basis when requested by students and employees. Each course allows for 30 attendees and is recognized by the National Council for Behavioral Health for certification. Human Resources (HR) wishes to promote the health, safety, and welfare of CNM employees by striving to eliminate the negative effects of substance use and abuse from the workplace, and to assist those employees who have a drug- and/or alcoholrelated problem with rehabilitation. HR offers an Employee Assistance Program for employees who may have AOD addictions. The department also offers a Wellness Fair during the fall term at the Main Campus for employees to learn more about health and wellness. G. Disciplinary Sanctions for Students The Office of the Dean of Students is responsible for the oversight of the Student Code of Conduct. The Student Code of Conduct section that directly applies to AOD violations is Legal Violations numbers 1 5. The sanctions for violations of this section can include verbal and/or written warning, probation, suspension, dismissal or expulsion. All students suspected of violating the AOD guidelines are provided due process. The majority of cases are adjudicated by the Director of Student Conduct and Responsibilities and/or the Dean of Students. Serious violations are referred to and adjudicated by a Hearing Committee. Two administrative and/or faculty members and one student member are required for each Hearing Committee. The Director of Student Conduct and Responsibilities serves as the hearing facilitator. The Office of the Dean of Students works jointly with the CNM Department of Public Safety. The department is composed of Level II security officers who are limited in their authority regarding crimes that occur on CNM campuses. Security works closely with the Albuquerque Police Department (APD). CNM Security notifies APD when involved in an AOD situation that may require certified law enforcement officers. CNM security officers are currently being trained in Mental Health First Aid USA to provide them with additional skills should they encounter a student or employee who may be in AOD crisis. AOD Program Inventory CNM has four departments that provide information regarding AOD preventive initiatives and sanctions for AOD abuse. These departments also host information on their websites. The departments include: Office of the Dean of Students Human Resources School of Health, Wellness & Public Safety (HWPS) School of Applied Technologies (AT) The D.O.S. provides information regarding the illegal use of alcohol and other drugs in the Student Code of Conduct. This information is listed under the Legal Violations section. Violation of this section result in an investigation and due process for 44

45 the student. It can result in a responsible finding and sanctions being issued. Depending on the severity of the violation it can also result in Security and Albuquerque Police Department being called for violations of state and local laws. Local Resources and assistance Agora Crisis Center Almas de Amistad Samaritan Counseling Aliviar Counseling Services A New Awakening Family Workshop Optum Health Outcomes, Inc Streetwise, Inc UNM Psychiatric Center CNM maintains alcohol- and drug-free awareness programs to inform members of the campus community about issues and risks of substance abuse. An Employee Assistance Program is accessible and available through the HR department. The College will observe confidentiality regarding requests by employees for any type of substance abuse counseling information or assistance. No information will be disclosed without the written consent of the employee except in response to court order. The School of Health, Wellness & Public Safety and the School of Applied Technologies have supplemental AOD polices directly related to their programs that require state licensure. Although CNM enforces a policy regarding substance abuse, the special needs of the School of Health, Wellness & Public Safety require additional procedures for handling the suspected drug/alcohol impairment of students enrolled in HWPS coursework, which is designated as clinical, practical or laboratory courses. Due to the nature of the courses, students enrolled in HWPS clinical/practical/laboratory courses must not be under the influence of any substance (regardless of whether the use of the substance is legal or illegal) that impairs or is likely to impair their clinical judgment while in the patient care, clinical, practical or laboratory setting. CNM has a strong commitment to the health, safety and welfare of its employees, students and their families. Widely available statistics and information establish that the incidence of drug and alcohol abuse is increasing and that the effect is devastating to lives, business, and the community at large. CNM is concerned because the potential for abuse among some employees and students could endanger the safety of others and the general public. It is the goal of CNM to provide a safe workplace by eliminating the hazards to health and job safety created by alcohol and other drug abuse. We believe this goal to be in the best interests of employees, students, and their families. CNM will comply with all U.S. Department of Transportation rules and regulations contained in 49CFR Part 40 and

46 Appendix 1 Incident Statistics Sorted by Campus All charted statistics are organized in three separate areas of occurrence. Those that occurred On- Campus, on Non-Campus Property owned by CNM, and those that occurred on Off-Campus Public Property. Off-Campus Public Property statistics were gathered by local law enforcement crime analysts. Hate Crimes 2013: There was 1 incident of Intimidation characterized by bias against Ethnicity/National origin reported on Main Campus CNM in calendar year : There were 0 hate crimes of any characterization reported on any CNM campus or surrounding areas in calendar year : There were 0 hate crimes of any characterization reported on any CNM campus or surrounding areas in calendar year Statistical Note: There was one arrest for Arson in calendar year 2015 on CNM Main campus. This involved a person not associated with CNM intentionally setting fire to a porta-john in a fenced off construction area. No injuries. Damage to portable structure only. NOTE: Amendment to reported Public Property statistics entered 6 October, This amendment to the ASR reflects a more technical interpretation of statistics received from local law enforcement agencies. The data provided by APD lists only an address for each incident, and per Clery must state a more precise location of occurrence (i.e. "on the sidewalk" or "in the street") at that address in order for inclusion to be appropriate. As some do not state precise location, 2015 Public Property statistics have been amended resulting in reduced occurrences. An informational table has been added in Appendix 5 for those statistics previously listed under Public Property which occurred at off-campus locations near to CNM. 46

47 Reported VAWA incidents by campus VIOLENCE AGAINST WOMEN ACT OFFENSES GEOGRAPHIC LOCATION: WORKFORCE TRAINING CTR CAMPUS OFFENSE YEAR ON-CAMPUS NONCAMPUS PUBLIC PROPERTY DOMESTIC VIOLENCE STALKING DATING VIOLENCE VIOLENCE AGAINST WOMEN ACT OFFENSES GEOGRAPHIC LOCATION: MAIN CAMPUS OFFENSE YEAR ON-CAMPUS NONCAMPUS PUBLIC PROPERTY DOMESTIC VIOLENCE STALKING DATING VIOLENCE

48 VIOLENCE AGAINST WOMEN ACT OFFENSES GEOGRAPHIC LOCATION: MONTOYA CAMPUS OFFENSE YEAR ON-CAMPUS NONCAMPUS PUBLIC PROPERTY DOMESTIC VIOLENCE STALKING DATING VIOLENCE VIOLENCE AGAINST WOMEN ACT OFFENSES GEOGRAPHIC LOCATION: RIO RANCHO CAMPUS OFFENSE YEAR ON-CAMPUS NONCAMPUS PUBLIC PROPERTY DOMESTIC VIOLENCE STALKING DATING VIOLENCE 48

49 VIOLENCE AGAINST WOMEN ACT OFFENSES GEOGRAPHIC LOCATION: SOUTH VALLEY CAMPUS OFFENSE YEAR ON-CAMPUS NONCAMPUS PUBLIC PROPERTY DOMESTIC VIOLENCE STALKING DATING VIOLENCE VIOLENCE AGAINST WOMEN ACT OFFENSES GEOGRAPHIC LOCATION: STEMULUS CENTER CAMPUS OFFENSE YEAR ON-CAMPUS NONCAMPUS PUBLIC PROPERTY DOMESTIC VIOLENCE STALKING DATING VIOLENCE 49

50 VIOLENCE AGAINST WOMEN ACT OFFENSES GEOGRAPHIC LOCATION: ADV TECHNOLOGIES CTR CAMPUS OFFENSE YEAR ON-CAMPUS NONCAMPUS PUBLIC PROPERTY DOMESTIC VIOLENCE STALKING DATING VIOLENCE VIOLENCE AGAINST WOMEN ACT OFFENSES GEOGRAPHIC LOCATION: WESTSIDE CAMPUS OFFENSE YEAR ON-CAMPUS NONCAMPUS PUBLIC PROPERTY DOMESTIC VIOLENCE STALKING DATING VIOLENCE

51 Reported Incidents Sorted by Campus CLERY REPORTABLE OFFENSE TYPE LOCATION: WORKFORCE TRAINING CAMPUS ON-CAMPUS NONCAMPUS PUBLIC PROPERTY PROPERTY PROPERTY YEAR MURDER / NON-NEGLIGENT MANSLAUGHTER NEGLIGENT MANSLAUGHTER SEX OFFENSES, FORCIBLE SEX OFFENSES NON-FORCIBLE ROBBERY AGGRAVATED ASSAULT BURGLARY MOTOR VEHICLE THEFT ARSON ARRESTS: WEAPONS: CARRYING, POSSESSING, ETC. DISCIPLINARY REFERRALS: WEAPONS: CARRYING,POSSESSING, ETC. ARRESTS: DRUG ABUSE VIOLATIONS DISCIPLINARY REFERRALS: DRUG ABUSE VIOLATIONS ARRESTS: LIQUOR LAW VIOLATIONS DISCIPLINARY REFERRALS: LIQUOR LAW VIOLATIONS 51

52 CLERY REPORTABLE OFFENSE TYPE LOCATION: ADVANCED TECH CTR CAMPUS ON-CAMPUS NONCAMPUS PUBLIC PROPERTY PROPERTY PROPERTY YEAR MURDER / NON-NEGLIGENT MANSLAUGHTER NEGLIGENT MANSLAUGHTER SEX OFFENSES, FORCIBLE SEX OFFENSES NON-FORCIBLE ROBBERY AGGRAVATED ASSAULT BURGLARY MOTOR VEHICLE THEFT ARSON ARRESTS: WEAPONS: CARRYING, POSSESSING, ETC. DISCIPLINARY REFERRALS: WEAPONS: CARRYING,POSSESSING, ETC. ARRESTS: DRUG ABUSE VIOLATIONS DISCIPLINARY REFERRALS: DRUG ABUSE VIOLATIONS ARRESTS: LIQUOR LAW VIOLATIONS DISCIPLINARY REFERRALS: LIQUOR LAW VIOLATIONS 52

53 CLERY REPORTABLE OFFENSE TYPE GEOGRAPHIC LOCATION: MAIN CAMPUS ON-CAMPUS NONCAMPUS PUBLIC PROPERTY PROPERTY PROPERTY YEAR MURDER / NON-NEGLIGENT MANSLAUGHTER NEGLIGENT MANSLAUGHTER SEX OFFENSES, FORCIBLE SEX OFFENSES NON-FORCIBLE ROBBERY AGGRAVATED ASSAULT BURGLARY MOTOR VEHICLE THEFT ARSON ARRESTS: WEAPONS: CARRYING, POSSESSING, ETC DISCIPLINARY REFERRALS: WEAPONS: CARRYING,POSSESSING, ETC ARRESTS: DRUG ABUSE VIOLATIONS DISCIPLINARY REFERRALS: DRUG ABUSE VIOLATIONS ARRESTS: LIQUOR LAW VIOLATIONS DISCIPLINARY REFERRALS: LIQUOR LAW VIOLATIONS

54 CLERY REPORTABLE OFFENSE TYPE LOCATION: MONTOYA CAMPUS ON-CAMPUS NONCAMPUS PUBLIC PROPERTY PROPERTY PROPERTY YEAR MURDER / NON-NEGLIGENT MANSLAUGHTER NEGLIGENT MANSLAUGHTER SEX OFFENSES, FORCIBLE SEX OFFENSES NON-FORCIBLE ROBBERY AGGRAVATED ASSAULT BURGLARY MOTOR VEHICLE THEFT ARSON ARRESTS: WEAPONS: CARRYING, POSSESSING, ETC. DISCIPLINARY REFERRALS: WEAPONS: CARRYING,POSSESSING, ETC. ARRESTS: DRUG ABUSE VIOLATIONS DISCIPLINARY REFERRALS: DRUG ABUSE VIOLATIONS ARRESTS: LIQUOR LAW VIOLATIONS DISCIPLINARY REFERRALS: LIQUOR LAW VIOLATIONS

55 CLERY REPORTABLE OFFENSE TYPE LOCATION: RIO RANCHO CAMPUS ON-CAMPUS NONCAMPUS PUBLIC PROPERTY PROPERTY PROPERTY YEAR MURDER / NON-NEGLIGENT MANSLAUGHTER NEGLIGENT MANSLAUGHTER SEX OFFENSES, FORCIBLE SEX OFFENSES NON-FORCIBLE ROBBERY AGGRAVATED ASSAULT BURGLARY MOTOR VEHICLE THEFT ARSON ARRESTS: WEAPONS: CARRYING, POSSESSING, ETC. DISCIPLINARY REFERRALS: WEAPONS: CARRYING,POSSESSING, ETC. ARRESTS: DRUG ABUSE VIOLATIONS DISCIPLINARY REFERRALS: DRUG ABUSE VIOLATIONS ARRESTS: LIQUOR LAW VIOLATIONS DISCIPLINARY REFERRALS: LIQUOR LAW VIOLATIONS 55

56 CLERY REPORTABLE OFFENSE TYPE LOCATION: STEMULUS CENTER CAMPUS ON-CAMPUS NONCAMPUS PUBLIC PROPERTY PROPERTY PROPERTY YEAR MURDER / NON-NEGLIGENT MANSLAUGHTER NEGLIGENT MANSLAUGHTER SEX OFFENSES, FORCIBLE SEX OFFENSES NON-FORCIBLE ROBBERY AGGRAVATED ASSAULT BURGLARY MOTOR VEHICLE THEFT ARSON ARRESTS: WEAPONS: CARRYING, POSSESSING, ETC. DISCIPLINARY REFERRALS: WEAPONS: CARRYING,POSSESSING, ETC. ARRESTS: DRUG ABUSE VIOLATIONS DISCIPLINARY REFERRALS: DRUG ABUSE VIOLATIONS ARRESTS: LIQUOR LAW VIOLATIONS DISCIPLINARY REFERRALS: LIQUOR LAW VIOLATIONS Statistics in white boxes represent areas where incidents most likely occurred but no data was received 56

57 CLERY REPORTABLE OFFENSE TYPE LOCATION: WESTSIDE CAMPUS ON-CAMPUS NONCAMPUS PUBLIC PROPERTY PROPERTY PROPERTY YEAR MURDER / NON-NEGLIGENT MANSLAUGHTER NEGLIGENT MANSLAUGHTER SEX OFFENSES, FORCIBLE SEX OFFENSES NON-FORCIBLE ROBBERY AGGRAVATED ASSAULT BURGLARY MOTOR VEHICLE THEFT ARSON ARRESTS: WEAPONS: CARRYING, POSSESSING, ETC. DISCIPLINARY REFERRALS: WEAPONS: CARRYING,POSSESSING, ETC. ARRESTS: DRUG ABUSE VIOLATIONS DISCIPLINARY REFERRALS: DRUG ABUSE VIOLATIONS ARRESTS: LIQUOR LAW VIOLATIONS DISCIPLINARY REFERRALS: LIQUOR LAW VIOLATIONS 57

58 CLERY REPORTABLE OFFENSE TYPE LOCATION: SOUTH VALLEY CAMPUS ON-CAMPUS NONCAMPUS PUBLIC PROPERTY PROPERTY PROPERTY YEAR MURDER / NON-NEGLIGENT MANSLAUGHTER NEGLIGENT MANSLAUGHTER SEX OFFENSES, FORCIBLE SEX OFFENSES NON-FORCIBLE ROBBERY AGGRAVATED ASSAULT BURGLARY MOTOR VEHICLE THEFT ARSON ARRESTS: WEAPONS: CARRYING, POSSESSING, ETC. DISCIPLINARY REFERRALS: WEAPONS: CARRYING,POSSESSING, ETC. ARRESTS: DRUG ABUSE VIOLATIONS DISCIPLINARY REFERRALS: DRUG ABUSE VIOLATIONS ARRESTS: LIQUOR LAW VIOLATIONS DISCIPLINARY REFERRALS: LIQUOR LAW VIOLATIONS

59 Appendix 2 Definitions of Crimes and Critical Terms Criminal Homicide Murder and Non-negligent Manslaughter The willful (non-negligent) killing of one human being by another. The program classifies justifiable homicides separately and limits the definition to: (1) the killing of a felon by a law enforcement officer in the line of duty; or (2) the killing of a felon, during the commission of a felony, by a private citizen. Manslaughter by Negligence The killing of another person through gross negligence. Deaths of persons due to their own negligence, accidental deaths not resulting from gross negligence, and traffic fatalities are not included in the category Manslaughter by Negligence. Rape The penetration, no matter how slight, of the vagina or anus, with any body part or object, or oral penetration by a sex organ of another person, without the consent of the victim. This offense includes the rape of both males and females. Statutory Rape Sexual intercourse with a person who is under the statutory age of consent. Incest Incest is sexual intercourse between persons who are related to each other within the degrees wherein marriage is prohibited by law. Robbery The taking or attempting to take anything of value from the care, custody, or control of a person or persons by force or threat of force or violence and/or by putting the victim in fear. Aggravated Assault An unlawful attack by one person upon another for the purpose of inflicting severe or aggravated bodily injury. This type of assault usually is accompanied by the use of a weapon or by means likely to produce death or great bodily harm. Simple assaults are excluded. Burglary The unlawful entry of a structure to commit a felony or a theft. Attempted forcible entry is included. Larceny-theft (not motor vehicle theft) This crime is only required to be reported by Clery when it is motivated by bias. The unlawful taking, carrying, leading, or riding away of property from the possession or constructive possession of another. Examples are thefts of bicycles, motor vehicle parts and accessories, shoplifting, pocket-picking, or the stealing of any property or article that is not taken by force and violence or by fraud. Attempted larcenies are included. Embezzlement, confidence games, forgery, check fraud, etc., are excluded. 59

60 Motor Vehicle Theft The theft or attempted theft of a motor vehicle. A motor vehicle is self-propelled and runs on land surface and not on rails. Motorboats, construction equipment, airplanes, and farming equipment are specifically excluded from this category. Arson Any willful or malicious burning or attempt to burn, with or without intent to defraud, a dwelling house, public building, motor vehicle or aircraft, personal property of another, etc. The Part II offenses, for which only arrest data are collected, are: Assaults (simple) Assaults and attempted assaults where no weapon was used or no serious or aggravated injury resulted to the victim. Assaults are also only reported to Clery if motivated by bias. Vandalism To willfully or maliciously destroy, injure, disfigure, or deface any public or private property, real or personal, without the consent of the owner or person having custody or control by cutting, tearing, breaking, marking, painting, drawing, covering with filth, or any other such means as may be specified by local law. Also only reported to Clery if motivated by bias. Attempts are included. Weapons The violation of laws or ordinances prohibiting the manufacture, sale, purchase, transportation, possession, concealment, or use of firearms, cutting instruments, explosives, incendiary devices, or other deadly weapons. Attempts are included. Drug Abuse Violations The violation of laws prohibiting the production, distribution, and/or use of certain controlled substances. The unlawful cultivation, manufacture, distribution, sale, purchase, use, possession, transportation, or importation of any controlled drug or narcotic substance. Arrests for violations of state and local laws, specifically those relating to the unlawful possession, sale, use, growing, manufacturing, and making of narcotic drugs. The following drug categories are specified: opium or cocaine and their derivatives (morphine, heroin, codeine); marijuana; synthetic narcotics manufactured narcotics that can cause true addiction (demerol, methadone); and dangerous nonnarcotic drugs (barbiturates, benzedrine). Driving Under the Influence Driving or operating a motor vehicle or common carrier while mentally or physically impaired as the result of consuming an alcoholic beverage or using a drug or narcotic. Liquor Laws Violations The violation of state or local laws or ordinances prohibiting the manufacture, sale, purchase, transportation, possession, or use of 60

61 alcoholic beverages, not including driving under the influence and drunkenness. Federal violations are excluded. Sexual Harassment Unwelcome and unwanted sexual conduct which can include: sexual advances, requests for sexual favors, quid pro quo advances, and other electronic, verbal, or physical contact of a sexual nature, directed from one person to another that may create a hostile learning or working environment. Hostile Environment A hostile environment is created when harassment is sufficiently severe, persistent or pervasive, and objectively offensive that it unreasonably interferes with, denies or limits someone s ability to participate in or benefit from the university s educational (and/or employment), social and/or residential program. Quid Pro Quo Sexual Harassment Quid Pro Quo Sexual Harassment is unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature by a person having power or authority over another constitutes sexual harassment when submission to such sexual conduct is made either explicitly or implicitly a term or condition of rating or evaluating an individual s educational (or employment) progress, development, or performance. This includes when submission to such conduct would be a condition for access to receiving the benefits of any educational (or employment) program. Retaliation Retaliation is any adverse action taken against a person participating in a protected activity because of their participation in that protected activity; subject to limitations imposed by the 1 st Amendment and/or Academic Freedom. Retaliatory Harassment Retaliatory harassment is any harassing action (as defined above) taken against a person participating in protected activity, because of their participation in that protected activity; subject to limitations imposed by the 1 st Amendment and/or Academic Freedom. Sexual Exploitation Occurs when one person takes non-consensual or abusive sexual advantage of another for his/her own advantage or benefit, or to benefit or advantage anyone other than the one being exploited, and that behavior does not otherwise constitute one of other sexual misconduct offenses. CONSENT Consent is clear, knowing, and voluntary (or affirmative, conscious, and voluntary) words or actions that give permission for a specific activity. Force 61

62 Force is the use of physical violence and/or imposing on someone physically. Force also includes threats, intimidation (implied threats) and coercion that overcomes free will, overcomes resistance, or produces consent. Threatening Conduct Threatening conduct is threatening or causing physical harm, or extreme verbal abuse or other conduct which threatens or endangers the health or safety of any person. Discrimination Actions that deprive other members of the community of educational or employment access, benefits or opportunities. Intimidation Implied threats or acts that cause another to reasonably fear harm. Hazing Acts likely to cause physical or psychological harm or social ostracism to any person within the college community, when related to admission into, initiation into, pledging of, affiliating with, or joining any group, club or activity. Intimate Partner (Dating) Violence Violence committed by a person who is or has been in a social relationship of a romantic or intimate nature with the victim. Includes but is not limited to, sexual or physical abuse or the threat of such abuse. Fondling Is the touching of the private body parts of another person for the purpose of sexual gratification, without the consent of the victim; including instances where the victim is incapable of giving consent because of his/her age or because of his/her temporary or permanent mental incapacity. Domestic Violence A felony or misdemeanor crime of violence committed by a current or former spouse or intimate partner of the victim; by a person with whom the victim shares a child in common; by a person who is cohabitating with, or has cohabitated with the victim as a spouse or intimate partner; by a person similarly situated to a spouse of the victim under the domestic or family violence laws of the jurisdiction in which the crime of violence occurred; or by any other person against an adult or youth victim who is protected from that person s acts under the domestic or family violence laws of the jurisdiction in which the crime of violence occurred. Stalking Engaging in a course of conduct directed at a specific person that would cause a reasonable person to fear for the person s safety or the safety of others or suffer substantial emotional distress. Course of conduct means two or more acts including, but not limited to, acts in which the stalker directly, indirectly, or through third 62

63 parties, by any action, method, device, or means, follows, monitors, observes, surveils, threatens or communicates to or about a person, or interferes with a person s property

64 Appendix 3 Definitions per New Mexico State Statute Criminal Sexual Contact with a Minor Is the unlawful and intentional touching of or application of force to the intimate parts of a minor or the unlawful and intentional causing of a minor to touch one s intimate parts. Intimate parts means the primary genital area, groin, buttocks, anus or breast. A minor is a person eighteen years of age or younger. See NMSA 1978, Domestic Abuse Means an incident of stalking or sexual assault whether committed by a household member or not, or an incident by a household member against another household member consisting of or resulting in physical harm; severe emotional distress; bodily injury or assault; a threat causing imminent fear of bodily injury by any household member; criminal trespass; criminal damage to property; repeatedly driving by a residence or work place; telephone harassment; harassment; or harm or threatened harm to children. The use of force in self-defense or the defense of another is excluded from the definition of domestic abuse. See NMSA 1978, Domestic Violence Means the assault or battery of: a spouse or former spouse; or parent, step-parent, in-law, grandparent, grandparent-in-law, co-parent of a child or a person with whom a person has had a continuing personal relationship. Continuing personal relationship means a dating or intimate relationship. Sexual Harassment Means unwelcome sexual advances, requests for sexual favors, verbal or non-verbal conduct of a sexual nature, rape, sexual assault, and sexual exploitation. Intimate partner violence may also be considered sexual harassment. There are two types of sexual harassment: hostile work environment and quid pro quo. Hostile Work Environment This environment exits when sex-based harassment is sufficiently serious to deny or limit any person s ability to participate in or benefit from CNM s programs or activities. Anyone can create this type of environment. Quid pro quo Unwelcome sexual advances, requests for sexual favors or other verbal or physical conduct of a sexual nature in exchange for something else. Criminal Sexual Penetration Is the unlawful and intentional causing of a person to engage in sexual intercourse, cunnilingus, fellatio or anal intercourse or the causing of penetration, to any extent and with any object, or the genital or anal openings of another, whether or not there is any emission. See NMSA 1978,

65 Criminal sexual penetration is a felony crime; the degree of the felony (first degree through fourth degree) depends on the age of the victim and the force or coercion used by the perpetrator. Force or Coercion Is defined in NMSA 1978, (A) and means the use of physical force or physical violence; the use of threats to use physical force or violence against the victim or another; the use of threats, including threats of physical punishment, kidnapping, extortion or retaliation directed against the victim or another; or committing a criminal sexual penetration or criminal sexual contact when the perpetrator knows or has reason to know that the victim is unconscious, asleep, or otherwise physically helpless or suffers from a mental condition that renders the victim incapable of understanding the nature or consequences of the act. Criminal Sexual Contact Is the unlawful and intentional touching of or application of force, without consent, to the unclothed intimate parts of another who has reached his or her eighteenth birthday, or intentionally causing another who has reached his or her eighteenth birthday to touch one s intimate parts. Intimate parts means the primary genital area, groin, buttocks, anus or breast. See NMSA 1978, Criminal sexual contact is a felony crime if perpetrated by the use of force or coercion that results in personal injury to the victim, or if the perpetrator is aided or abetted by others, or when the perpetrator is armed with a deadly weapon. Criminal sexual contact is a misdemeanor crime when perpetrated with the use of force or coercion. Harassment Means knowingly pursuing a pattern of conduct that is intended to annoy, seriously alarm or terrorize another person and that serves no lawful purpose. The conduct must be such that it would cause a reasonable person to suffer substantial emotional distress. See NMSA 1978, 30-3A-2. Stalking Means knowingly pursuing a pattern of conduct, without lawful authority, directed at a specific individual when the person intends that the pattern of conduct would place the individual in reasonable apprehension of death, bodily harm, sexual assault, confinement or restraint of the individual or another individual. A pattern of conduct means two or more acts, on more than one occasion in which the alleged stalker directly, indirectly or through third parties, follows, monitors, surveils, threatens or communicates to or about a person. See NMSA 1978, 30-3A-3. Aggravated Stalking Consists of stalking perpetrated by a person, who knowingly violates a permanent or temporary order of protection issued by a court, except that mutual violations of such orders may constitute a defense to aggravated stalking: in violation of a court order setting conditions of release and bond; 65

66 when the person is in possession of a deadly weapon; or when the victim is less than sixteen years of age. See NMSA A-3.1. Unauthorized Distribution of Sensitive Images Means the distributing, publishing or otherwise making available, by an electronic communications device or other means, sensitive images of a person, with or without information identifying that person, without that person s consent with the intent to: harass, humiliate or intimidate that person; incite another to harass, humiliate or intimidate that person; cause that person to reasonably fear for that person s own or family members safety; cause that person to suffer unwanted physical contact or injury; or cause that person to suffer substantial emotional distress under a reasonable person standard. See NMSA 1978, et seq. 66

67 Appendix 4 Map of CNM Campus Locations 67

68 Appendix 5 Off-Campus Incidents at Nearby Locations 68