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Additionally, the use of force or threats to obtain consent renders the consent invalid. 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: See NMSA 1978, § 30-3-10 et seq.

Changes to the applicable law shall supersede this policy. Any person who feels he or she has been a victim of sexual misconduct or who witnesses an instance of alleged sexual misconduct is required to immediately report the matter to the appropriate Title IX Coordinator and/or the Human Resources Department.

Both the complainant and respondent shall be notified in writing of the outcome of the investigation in accordance with the Clery Act (20 U. For employees, sanctions may include written or verbal warning, referral to the Employee Assistance Program, demotion, a no contact directive, training, placement on leave with or without pay or termination of employment.

For students, sanctions may include written or verbal warning, disciplinary hold on academic records, probation, degree revocation, suspension or expulsion.

Appeals can be made to the appropriate Title IX Coordinator and must occur within five (5) business days of the date the appellant was notified of the outcome.

A person may also file a complaint with the Department of Education’s Office for Civil Rights regarding an alleged violation of Title IX by visiting www2gov/about/offices/list/ocr/or by calling (800) 421-3481.

Investigations will be conducted by the appropriate Title IX Coordinator or designee and shall be prompt, fair and impartial.

Only persons who have a legitimate “need to know” will be privy to the information surrounding a complaint or report of sexual misconduct.

Many sexual misconduct offenses are also crimes in the state or locality where the incident occurred.

This policy applies to all faculty, staff, students and third parties, regardless of sexual orientation or gender identity.