WNMU Incident Report

CS 1. Violation of law: Conduct that violates any federal, state, or local law is prohibited. The university will review any conduct reported as being in violation of the law by members of the university community, law enforcement personnel, or citizens. If in review the university determines, in its sole judgment, that the alleged conduct interferes with the university’s exercise of its mission, processes, or functions, appropriate disciplinary action will be taken.

CS 2. Dishonesty: Intentionally furnishing false information or omitting relevant or necessary information to gain a benefit, to injure, or to defraud is prohibited. Using or possessing false or altered identification (including drivers’ licenses and university identification cards) is prohibited. Students may not use another person’s university identification card for any purpose. Other examples of prohibited behavior include forgery, alteration, or falsification of any university documents or records, or misrepresentation of university credentials.

CS 8. Disorderly Conduct: Conduct which is loud, lewd, obscene, indecent, or which breaches the peace (ex: causing alarm, annoyance, or nuisance) is prohibited. Students who receive three or more noise violations may be adjudicated under this violation.

CS 9. Damage to Property/Vandalism: Intentional or reckless behavior which results in monetary loss, property damages or inconvenience (repair or replacement time) to individuals, organizations, or the university.

CS 10. Theft: The unauthorized or unlawful appropriation of property without permission of the owner.

CS 11. Unlawful entry: Defined as entering a location without the permission of the owner or current occupant or the authority of the University. 

CS 12. Unauthorized Use of Property of the University or of any Person or Entity:
Conduct that results in the unauthorized use of university property for personal gain is also prohibited. Students may not use university property for any activity prohibited by federal, state, or local law or these regulations.

CS 13. Gambling: Activities that require an individual to win or lose money solely or partially by chance are prohibited.

CS 15. Failure to Comply:
a. Failure to comply with the directions of law enforcement or university officials (includingcampus police and residence life staff) including failure to comply with an order of dispersal, or becoming argumentative or verbally abusive to a university official.
b. Failure to meet or complete Judicial Sanctions as prescribed.

CS 16. False Reports: Knowingly filing a false report with university officials against an individual or the initiation of any false report, warning, threat of fire, threat of explosion or other emergencies on university premises or at any university-sponsored activity are prohibited.

CS 17. Possession, use, or display of firearms and other dangerous weapons on university property is prohibited. Dangerous weapons include, but are not limited to, paintball guns, BB guns, stun guns, sling shots, pellet guns, air guns and dart guns, facsimile firearms, ammunition (spent casings or whole), martial arts weapons, knives (other than legal pocket knives as defined by state law), bow and arrow or crossbows, explosives (including fireworks), hazardous chemicals, and any item used or displayed in a threatening manner. Discharge of a firearm on campus may result in immediate suspension or expulsion.

CS 19. Violation of smoking policies: According to Silver City Ordinance number 1041 smoking is not permitted within 20 feet of any university building including residence halls and apartments. Used tobacco products are to be disposed of in the appropriate waste containers.

CS 20. Interfering with, Obstructing, or Disrupting a University Function. University functions, on or off campus, are defined to include teaching; research, administration, disciplinary proceedings, athletic events, university activities, public service, learning, or other authorized activity related to the university. This also includes authorized non- university functions when the act occurs on university premises.

CS 22. Irresponsible computing: Includes improper use of the network, security, harassment, and/or copyright.

CS 23. Host/Responsibility of Guests. Hosts are responsible for their own behavior and that of his/her guest(s) at all times. This includes in a private room, vehicle, and/or surrounding areas (sidewalks, porches, doorways, hallways, parking lots, etc.). The student is also responsible for any repair or cleaning required in his/her own room or areas immediately outside of the student’s room (sidewalks, porches, doorways, hallways, etc.). Failure to clean up after a reasonable time, as determined by a university officials, may necessitate our maintenance department cleaning the room or area. The student will be assessed the cleaning charges.

CS 25. Misrepresentation of identity to university officials: (as defined in, but not limited to CS 2.) University identification cards are university property and must be shown or surrendered when requested by a university official in performance of her or his duties.

CS 26. Misuse of keys: Unauthorized possession, duplication, or use of keys, combinations, or alteration or removal of locks to any university premises is prohibited.

CS 27. Unauthorized representation of Western New Mexico University and/or
unauthorized use of the university logo.

CS 28. Unauthorized use of telephones or unauthorized long distance codes.

CS 29. Complicity: Conspiracy to commit, solicitation of another to commit, aiding or abetting the commission of, or attempting to commit any conduct that is prohibited under any university policies, procedures, or regulation.

CS 30. Violation of Sanctions: Violations of any term(s) of disciplinary restrictions, probation, or suspension are prohibited.

CS 31. Intent to commit a violation: Any violation that may not come to fruition, but intent was evident.

CS 3. Alcohol. Western New Mexico University, in compliance with the Drug-Free Schools and Communities Act of 1989, prohibits the unlawful manufacture, distribution, dispensing, possession, or the unlawful use of alcohol on the campus or any other property under the control of Western New Mexico University and at university sponsored events. The following provide guidelines and expectations regarding the use of alcohol by Western New Mexico University students:
a. Students and guests must be of legal age to possess and consume alcohol as dictated by local, state and federal law. The acceptable age is currently 21 years of age and older.
b. Alcohol may be consumed only in authorized locations (inside of Muir Heights Apartments) and only by those of legal drinking age. “Inside a Muir Heights apartment” is defined as a student’s assigned apartment and does not include the front or back yards, stairs, parking lot and/or other public areas. Alcohol is not permitted in any building designated “a dry hall” by persons of any age.
c. Devices that are used for the manufacturing of alcoholic beverages, as well as kegs,garbage cans, beer bongs, or other large vessels that contain alcohol are not allowed in the residence halls or apartments.
d. Any use of alcohol must be in moderation to ensure residents’ rights to privacy, sleep, and study within their room or apartment. Drinking habits that are harmful to the health or educational endeavors of an individual or those around him/her (as determined by university officials) are reasons for disciplinary action. A student of legal age may possess only the amount of alcohol for his/her own healthy consumption. Health consumption is determined by university officials. The amounts permitted are as follows; At any one time a student of legal
drinking age in an authorized university location (Muir Heights Apartments only) may have no more than (5) five bottles of liquor and a single (30) thirty pack of beer.
e. Drinking games that promote the unhealthy consumption of alcohol are not permitted. Drinking games in this definition are defined as actual drinking game setups (materials in place) or drinking game paraphernalia.
f. Underage possession of alcoholic beverage is determined by actual contact or by
reasonable evidence of possession of alcohol by a person under the legal drinking age.
g. Underage consumption is defined as the act of a person under the legal drinking age having been witnessed consuming an alcoholic beverage or determined to have been 47 drinking as demonstrated by their actions, demeanor or other evidence.
h. Furnishing alcoholic beverages to any person under the legal age to drink such beverages is prohibited.
i. Alcohol use, misuse, or abuse does not excuse any type of harassment, disruption, noise, or other behavior unacceptable to the Western New Mexico University community. Any student who, after consuming alcohol, exhibits behavior associated with intoxication, becomes argumentative or verbally abusive, refuses to cooperate with any University staff member, police officer, resident assistant, or person of authority who is performing her or his duties, destroys property, becomes physically violent, or becomes aggressive, is in violation of this policy.
k. Alcoholic paraphernalia may not be present in a bedroom area where there is a resident under the age of 21 or any hall designated as a dry hall. Alcoholic paraphernalia is defined as anything that alcohol could have been purchased in. (ex: empty bottles, bottle caps, empty can, etc.)

CS 4. Drug Use or Possession: The use, offer for actual sale, distribution, possession, or manufacture of any controlled substance or drug except as expressly permitted by law is prohibited. This includes the use of prescription drugs not as intended or obtained illegally or their use in a fraudulent manner. The use, offer for sale, distribution, possession, or manufacture of chemicals, products, or materials for the purpose of use as an intoxicant except as expressly permitted by law is also prohibited. This policy includes legally purchased substances such as K2/ Spice also known as “synthetic marijuana” or concentrated bath salts also known as the “ legal cocaine”. While the State of New Mexico allows the use of medical marijuana for those in possession of a medical use card, the use of marijuana is prohibited on the University campus for any reason since federal law regarding possession, using, dispensation, manufacturing, and/or distributing of marijuana in any of its form is illegal. The growth and possession of marijuana is also prohibited. This list is not all inclusive and may be altered as new substances are identified.

CS 5.Possession of drug paraphernalia: Drug related paraphernalia that facilitates the use, consumption, and abuse of a drug, narcotic, or any other controlled substance is prohibited. This includes bongs, pipes, hookah pipes, grinders, marijuana vaporizers, etc. This list is not all inclusive and may be altered as new devices or products are identified.

CS 18. Non-compliance with fire safety: Non-compliance with any regulations regarding fire safety and the use of fire equipment and fire safety procedures is prohibited. This includes failure to evacuate a building; unauthorized re-entry into a building; tampering with, impairing, disabling, or misusing smoke detectors, fire extinguishers, unauthorized use of fire escapes or any other emergency or safety equipment; and false alarms.

CS 6. Physical or Mental Abuse or Harm: Intentional or reckless acts that do cause or reasonably could cause physical or mental harm to any person are prohibited. Actions that threaten or reasonably could cause a person to believe that the offender may cause physical or mental harm are also prohibited. Some examples of prohibited behavior include:
a. assault
b. battery
c. stalking
d. murder
e. harassment/electronic harassment (including all electronic media)
f. bullying (includes physical, verbal, and all electronic)
g. threats / intimidation
h. verbal abuse
i. other conduct that threatens the health or safety of any person.

CS 7. Discrimination/Hateful Acts: Discrimination and other harmful acts based on an individual’s actual or perceived race, color, disability, religion, national origin or ancestry, gender, or sexual orientation are offensive to the mission of Western New Mexico University and are prohibited.

CS 14. Sexual Misconduct: Sexual misconduct includes but is not limited to
a. Verbal interactions (including but not limited to telephone, face to face, etc.)
b. Written (including all electronic media)
c. Pictorial (including but not limited to posters, pictures, sexting, etc.)
d. Physical conduct of a sexual nature which a reasonable person would consider intimidating, hostile, offensive, and/or which adversely affects the learning or living environment of any student.
e. Sexual misconduct also includes nonconsensual touching of any sexual or intimate part of the body;
f. Forceful sexual contact is the use of force (ex: body weight, hitting or pushing, use of a weapon, threats) to overcome earnest resistance to engage in sexual acts.
g. Sexual intercourse when the victim is incapable of consent by reason of mental
incapacitation or physical helplessness and force is not used.
Under theories of consent, when an individual is intoxicated to the point of physical helplessness, that is, unable to communicate consent or lack thereof, that individual can no longer be responsible for herself/himself, and the other individual must assume the responsibility not to have sexual contact. Therefore, if an individual is severely intoxicated, and unable to consent or to indicate lack of consent, having sexual contact with that individual will be considered sexual misconduct by the university. In most instances, it is the victim’s prerogative whether or not to report sexual misconduct to civil authorities. The university will provide support to a student wishing to file criminal or civil charges. As required by law, the victim has a right to know the outcome of any judicial process involving sexual misconduct, and will be so informed by the hearing body. Please report incidents of sexual misconduct to the VP of SA&EM or any other university official in which you feel comfortable.

CS 21. Hazing: defined as participation in activities that mentally or physically endanger, harm, or degrade a probationary or permanent member of a group; or which destroys or removes public or private property, for the purpose of initiation, admission, affiliation, or as a condition for continued membership in a group or organization with or without the consent.

CS 24. Violation of University Policies: Students are expected to follow all university policies, procedures, and regulations. Such policies, procedures, and regulations include but are not limited to those listed in the following:
a. Student Handbook
b. University Catalog
c. Housing Agreement
d. Housing Policies
e. Motor Vehicle Regulations
f. Recognized Student Organization policies
g. Signs, Posters, and Banners; Solicitation, Political Canvassing, Sales
h. Smoking Regulations
i. Recreational Sports Rules and Regulations
j. Failure to comply with University instruction pertaining to the containment of the
corona virus or of COVID-19, inclusing, but not limited to:
• Following, the direction of the University regarding a positive screen;
• Wearing, at minimum, a cloth facial covering at all times when in public spaces on campus
• Maintaining a minimum distance of not less than six feet from others when on campus
• Not adhering to the New Mexico Governor’s orders pertaining to socail gatherings
For students, compliance with this guideline is a condition of continued in-person enrollment. Failure to comply with this policy may result in administrative action, including, but not limited to, restriction on access to or use of Univerity facilities, removal from University housing, disenrollment from one or more in-person courses, transition to remote-only instruction and/or other interventions necessary to effect compliance and protect the well-being of the campus community. In the case of willful failure to comply with the provisions of this policy and/or repeated violations, the University may pursue additional disciplinary actions in accordance with relevant University policies.

Any form of sexual harassment or discrimination should be reported to the Office of Title IX. Click here.