headquarters

New Mexico Military Institute
Board of Regents' Policy Manual
Approved February 27, 2009

New Mexico Military Institute
Board of Regents' Policy Manual

Table of Contents

Preface
Foreword
Origin and Structure of New Mexico Military Institute
Statutes that Define New Mexico Military Institute
A Historical Sketch
Vision
Mission
Policy Declarations


Maintenance of the Regents' Policy Manual

Section 1 - The Board of Regents

1.1- Responsibilities of the Board of Regents

1.1.1 - Liability of Regents
1.2 - Structure of the Board of Regents

1.2.1 – Regent Committees
1.3 - Public Notice of Regents' Meetings
1.4 - Appointment of the President/Superintendent of NMMI
1.6 - Special Recognition and Awards
1.8 - Regent Code of Conduct and Conflicts of Interest Policy

1.9 – Management Control Policy

 Section 2 - Policies of General Applicability

2.1 – Authority to Represent NMMI
2.2 - Speakers from off Campus
2.3 - Equal Opportunity & Affirmative Action for Employees & Cadets
2.5 - Sexual Harassment
2.6 – Drug and Alcohol Free Environment
2.7 - Use of NMMI’s Name and Symbols
2.8 - Visitors to NMMI
2.9 -  Archives and Records

2.10 - Architectural Style of Campus Buildings and Campus Master Plan
2.10.1 - Historic Preservation
2.11 - Naming  Facilities, Spaces, Endowments, and Programs
2.11.1 - Building Plaques
2.12 - Advertising, Sales, and Solicitations on Campus
2.13 – NMMI Foundation 
2.14 – NMMI Alumni Association

2.15 – NMMI Alliance Agreement

2.16 – NMMI Parents Club

2.17   Legal Counsel
2.18 - Public Access to Records

Section 3 - The President/Superintendent and Administrative Matters

3.1 - Responsibilities of the President/Superintendent
3.2 - Authority in an Emergency
3.3 - Appointment and Termination of Key Administrators

Section 4 - The Cadets

4.1 – The Corps of Cadets
4.2 – Cadet Honor Code

4.3 – Cadet Code of Conduct/Cadet Rules and Regulations

4.4 – Student Records
4.7 - Tuition and Fees
4.8 - Academic Dishonesty
4.9 - Intercollegiate Athletics

4.10 – Maternity/Paternity Policy

Section 5 - The Faculty and Academic Matters

5.1 – The Faculty Senate
5.3 - Academic Freedom and Tenure; Appointments and Promotions
5.5 - Outside Employment of Faculty
5.8 - Intellectual Property

5.9 - Research

 

Section 6 - Employment Matters

 

6.1 - Performance Management
6.2 - Hiring, Promotion and Transfer
6.3 - Privileges and Benefits
6.4 - Employee Code of Conduct and Conflicts of Interest
6.5 - Political Activity by Employees
6.7 - Confidentiality of Employment Applications
6.8 - Disclosure of Information About Employees
6.9 - Employment Contracts
6.10 - Dispute Resolution and Employee Grievances
6.12 - New Mexico Military Institute Employee Advisory Committee

6.13 – Outside Employment of Staff

Section 7 - Business and Financial Matters

7.1 - Accounting And Reporting of Funds to the Governor
7.2 - Internal Auditing
7.3 - Audit Committee
7.4 - Purchasing
7.6 - Institute Auxiliary Enterprise Operations
7.7 - Travel Reimbursement and Per Diem
7.8-  Signature Authority for Contracts
7.9 - Property Management
7.10 - Borrowing and Bonding Authority
7.11 - Selection of Architects for NMMI Projects
7.12 - Approval of Construction Projects
7.12.1 - Selection of Contractors for NMMI Construction Projects
7.13 - Receipt and Investment of Gifts to the School
7.14 - Risk Management and Insurance
7.15 - Official Social Functions
7.16 - Financial Exigency
7.17 - School-Affiliated Organizations
7.18 - Joint Powers Agreements/MOUs
7.20 - Budgets and Fund Balances
7.21 - Investment of Operational Funds and Bond Proceeds

 

Section 8 - Campus Services and Facilities

8.1 - Special Use of Institute Facilities
8.2 - Law Enforcement on Campus
8.3 - Parking and Vehicles on Campus
8.5 - Museums


PREFACE

Purpose and Scope of the Manual

This manual sets forth policies adopted by the Board of Regents for the governance of the New Mexico Military Institute. The manual has been prepared as a guide for the Board of Regents in carrying out its constitutional responsibility for the control and management of the New Mexico Military Institute and as a source of information for others concerning the fundamental policies of the Institute and the operational procedures of the Board. This manual either sets forth verbatim or makes reference to all current policies of continuing applicability adopted by the Board of Regents. Reference is made to the location of those Regents' Policies too lengthy to be included verbatim in this manual. The President/Superintendent of the Institute has adopted separate administrative plans, procedures and practices for implementing Board of Regents' policies. They are contained in several other documents, such as the NMMI Operations and Procedures Manual (OPM), the Cadet Blue Book, and the Faculty Handbook.

Effect on Existing Policies

This manual repeals and supersedes any and all previous Regents' policies on subjects expressly covered in this manual.  This manual does not repeal, by implication or otherwise, policies not covered in this manual and approved by the Regents previously.

Effective Date

The policies contained in this manual become effective on the date the manual is adopted by the Board of Regents. The adoption date of each policy appears at the bottom of each page. The adoption date of policies added or amended in the future will also appear at the bottom of the new or revised pages.

Go to:
Table of Contents
Table of Contents  - Preface
Regents' Policy Manual
Homepag

 

FOREWORD

Origin and Structure of the Institute

Statutes that Define New Mexico Military Institute 

NEW MEXICO MILITARY INSTITUTE is declared to be and is confirmed as a state educational institution by Section 11 of Article XII of the Constitution of the State of New Mexico, as amended.  The Institute was founded in 1891 under the New Mexico Territorial Laws of 1889.  …the New Mexico Military Institute, at Roswell, formerly known as New Mexico Military Institute; the …are hereby confirmed as state educational institutions.  All lands, together with the natural products thereof and the money proceeds of any of the lands and products, held in trust for the institutions, respectively, under their former names, and all properties heretofore granted to, or owned by, or which may hereafter be granted or conveyed to, the institutions respectively, under their former names, shall, in like manner as heretofore, be held in trust for, or owned by or be considered granted to, the institutions individually under their names as herein above adopted and confirmed.”

from New Mexico Statutes Annotated 1978, Section 21-12-8: “For the better government and enforcement of discipline in the New Mexico military institute, the superintendent, commandant of cadets, instructors and others designated by the board of regents as officers in the New Mexico military institute, shall be commissioned as aides-de-camp on the staff of the governor of the state of New Mexico, with such military rank as the board of regents shall prescribe or designate, in addition to the number of aides-de-camp otherwise provided by law; the superintendent, commandant of cadets, instructors and others designated by the board of regents of the New Mexico military institute as officers in the New Mexico military institute shall have such rank as may be prescribed by the board of regents and shall hold office and rank, as such during the time they are employed in such capacity in said New Mexico military institute, and they will be allowed to wear the uniform of their rank while on duty as officers in the New Mexico military institute and upon all public occasions when the national guard is under arms or the staff of the governor and commander-in-chief shall be ordered out.”

 New Mexico Statutes Annotated 1978, Section 21-12-3, et seq: “It shall be the duty of the board of regents to maintain and control, at Roswell, a military institute for the education and training of the youth of this country, of as high a standard as like institutions in other states and territories.”

A Historical Sketch

In 1891, Captain Joseph C. and Mabel Lea invited Robert S. Goss to start a military school similar to the school Goss directed in Fort Worth, Texas.  In September, Goss Military Institute opened its doors to twenty-eight pupils.  Struggling as a result of poor management and insufficient funds, Goss Military Institute had to close its doors in 1895.  An appropriations bill passed by the territorial legislature and a generous donation by a resident philanthropist, J. J. Hagerman, of a forty-acre plot of land on North Hill helped reopen the doors of New Mexico Military Institute in its present location on September 6, 1898.  The school provided then eight years of academic work and the cadets were organized into two companies.  After the Institute inaugurated the junior college in 1915, the school offered four years of high school (NCA accredited, 1917) and two years of college work (NCA accredited, 1938).  After experimentation with a four-year college in the fifties, NMMI returned to its high school and junior college program. 

Vision

“To differentiate NMMI from other educational institutions as a World Class center for academic excellence, physical readiness, and leadership development.”

Mission

"To educate, train, and prepare young men and women to be leaders capable of critical thinking and sound analysis, leaders who possess uncompromising character and leaders able to meet challenging physical demands"

Policy Declarations

In providing guidance to the President/Superintendent, the Board of Regents has reaffirmed the following long-standing policy declarations:

1. New Mexico Military Institute is primarily an academic institution operating within a conducive military environment.

2. The junior college is designed to prepare cadets for transfer to four-year colleges and universities.  An Associate of Arts or Science degree is awarded to qualified graduates.

3. The high school curriculum is designed for those cadets planning to pursue a college course of study after graduation.

4.In order to receive the full benefit of the NMMI program, High School cadets are strongly encouraged to complete the Junior College program.

5.Members of the staff and faculty are selected for their professional qualifications and their willingness to work in a program that is both academic and military.

6.Integrity is the cornerstone of New Mexico Military Institute.  Every effort is made to instill integrity through living the honor code, education, and example.

7.Cadets are instructed in and offered opportunities to practice the principles and techniques of good leadership and individual responsibility.  Only cadets in full residence may be members of the Corps of Cadets.

8.As a general policy, cadets at New Mexico Military Institute are encouraged to attend chapel once weekly unless specifically excused.  Chapel services at New Mexico Military Institute are conducted at such times as to permit and encourage cadets to attend other church services in Roswell.

9.Cadets are required to be unmarried (and never have been married) resident members of the Corps of Cadets.  All cadets are to participate in military science and physical education activities.  Entering cadets may not have reached their twenty-second (22nd) birthday on the day of matriculation.  All cadets will be subject to the NMMI Maternity/Paternity Policy as established by the Regents (Policy  4.10)

10. Use of state-owned property, resources or other assets for any purpose other than those related to the educational mission of the school is prohibited. Employees are encouraged to avoid even the appearance of impropriety.

  

Go to:
Table of Contents
Table of Contents  -  Foreword
Regents' Policy Manual
Homepage


Subject: MAINTENANCE OF THE REGENTS' POLICY MANUAL

Applicability

This policy applies to all policies adopted by the Board of Regents.

Policy

Any Regents' policy, including the policies contained in this Regents' Policy Manual, may be modified by a majority vote of the Board of Regents at any of its meetings. Periodically, the Board shall review all policies in the Regents' Policy Manual, and all policies adopted or revised since the previous review, and make any changes it deems appropriate.

Implementation

Members of the Institute community may propose new or revised Regents' policies by submitting them, in the format used in this Manual, to the President/Superintendent of the School. The President/Superintendent will submit proposed policies, together with any appropriate background information and administrative recommendations, to the Board for consideration. Proposed policies must be approved by the Regents before they may be put into effect. All new or revised policies adopted by the Regents shall be promptly published as additional or replacement pages of this Regents' Policy Manual.

Go to:

Homepage
Table of Contents -Maintenance
Board of Regents' Policy Manual
Homepage


 

Table of Contents
Section 1 - The Board of Regents

1.1 - Responsibilities of the Board of Regents

1.1.1 – Liability of Regents
1.2 - Structure of the Board of Regents

1.2.1 Regent Standing Committees
1.3 - Public Notice of Regents' Meetings
1.4 - Appointment of the President/Superintendent of the School
1.6 - Special Recognition and Awards
1.8 - Regent Code of Conduct and Conflicts of Interest Policy

1.9 – Management Control Policy


1.1 Subject: RESPONSIBILITIES OF THE BOARD OF REGENTS

Ultimate Responsibility for the Governance of the Institute

The Board of Regents is responsible for the governance of the New Mexico Military Institute. This responsibility may be exercised only by the Board as a unit; individual Regents are without power to act separately in the transaction of Institute business, except when one of the Board's members are specifically authorized to act on behalf of the Board.

The Board's power to govern New Mexico Military Institute includes fiduciary responsibility for the assets and programs of the School, establishment of goals and policies to guide the Institute and oversight of the functioning of the School. The Board vests responsibility for the management and operation of the Institute in the President/Superintendent.

from Constitution of the State of New Mexico, Article XII, Section 13:  “The legislature shall provide for the control and management of each of said institutions except the university of New Mexico, by a board of regents for each institution, consisting of five members, four of whom shall be qualified electors of the state of New Mexico, one of whom shall be a member of the student body of the institution and no more than three of whom at the time of their appointment shall be members of the same political party; provided, however, that the student body member provision in this section shall not apply to the New Mexico school for the deaf, the New Mexico military institute, the northern New Mexico state school or the New Mexico school for the visually handicapped, and for each of those four institutions all five members of the board of regents shall be qualified electors of the state of New Mexico.”

 

Members of the board shall not be removed except for incompetence, neglect of duty or malfeasance in office.  Provided, however, no removal shall be made without notice of hearing and an opportunity to be heard having first been given such member.  The supreme court of the state of New Mexico is hereby given exclusive original jurisdiction over proceedings to remove members of the board under such rules as it may promulgate, and its decision in connection with such matters shall be final.  (As amended September 20, 1949, effective January 1, 1950 and November 4, 1986.)

 

Duties and Functions of the Board

The Board shall carry out the duties and functions authorized by law and specified in this policy manual including, but not limited to the following:

1.      Adopt Board of Regents' policies for the governance of the School, and at least biennially, review the Regents' Policy Manual for compliance and revision, in addition to revisions submitted, as necessary, at any time.

2.      Select, appoint or remove the President/Superintendent of the Institute who serves as Chief Executive Officer; and delegate authority to the President/Superintendent for effective management and operation of the School.

3.      Establish annual special emphasis goals for the President/Superintendent and annually review the performance of the President/Superintendent.

4.      Establish, and periodically review, the mission, vision, and policy guidance for the school, as well as the  long-range campus master plan for the physical development of the School.

5.      In collaboration with the President/Superintendent, at least annually review the changes to the Operations and Procedures Manual.

6.      Approve the Cadet Blue Book, the Faculty Handbook and constitution, and other governing documents of the faculty and staff.

7.      Approve memorandums of understanding (MOUs) with component or affiliated organizations and others.

8.      Approve the curriculum, catalog, and all degrees awarded by New Mexico Military Institute.

  1. Select, appoint and, when appropriate, supervise the internal auditor.
  2. Take any other actions required by law to be decided at the level of the Board.



The Board reserves the right to consider and determine any matter relating to the School.


1.1.1  SUBJECT:  Liability of Regents

Regents shall not be held personally liable in any action at law based on a claim for damages arising out of any act or failure to act of the Board.  NMMI provides defense, including costs and attorney fees, for any Regent, acting in their capacity as a Regent, for legal actions not covered by the Tort Claims Act.

References

N.M. Const. art. XII, § 13; NMSA 1978, §§ 21-1-1 et seq. and 21-7-1 et seq.

Go to:
Table of Contents
Table of Contents  -  Section 1
Regents' Policy Manual
Homepage


1.2 Subject: STRUCTURE OF THE BOARD OF REGENTS

Appointment of Members

The Board of Regents is composed of five members who are appointed by the Governor of New Mexico, with the consent of the Senate, for staggered terms of six years.   

Removal of Members

Members of the Board of Regents shall not be removed except for incompetence, neglect of duty, or malfeasance in office. A member may not be removed without notice of hearing and an opportunity to be heard. The New Mexico Supreme Court has original jurisdiction over proceedings to remove a member of the Board of Regents in accordance with such rules as the Court may promulgate, and its decision in such matters is final.

Officers

At its January meeting annually, the Board of Regents will elect a President, Vice-President, and Secretary.  The President presides at all meetings of the Board. When the President of the Board is absent, the Board of Regents hereby appoints the Vice-President to serve as President pro tem.

Compensation

Members of the Board are not remunerated for their services. They are, however, eligible for travel reimbursement, pursuant to the School's travel reimbursement policies. (See, BOR 7.7 and O & P Policy 4100.)

Conflict of Interest

Members of the Board are subject to the "Regent Code of Conduct and Conflicts of Interest Policy." (See, BOR 1.8).

Orientation of New Members

When a new member is appointed to the Board, the member will receive copies of the Regents' Policy Manual , the Operations and Procedure Manual, the Cadet Blue Book, and the Faculty Handbook, and a compilation of other NMMI publications. The President/Superintendent will arrange an orientation session for newly appointed Regents.

Regent Committees

In order to facilitate the work of the Board of Regents, the President of the Board appoints members to standing committees each year and appoints chairs of each committee as provided in 1.2.1.

Ad Hoc Committees

From time to time the President of Board may appoint ad hoc committees consisting of two or three Regent members to gather information and make recommendations to the Board of Regents about specified matters.

Quorum for Meetings of the Board

Three of the five members of the Board shall constitute a quorum for the transaction of business.

Agenda for Meetings

The President/Superintendent of the Institute or his designee is responsible for preparation of the written agenda for Board of Regents meetings; the President/Superintendent consults with the President of the Board about each agenda. Copies of the agenda are distributed to the Regents, the President/Superintendent of the School, other administrators, representatives of the news media, and other interested parties.

Additions to the agenda may not be made less than 24 hours prior to the meeting, except in case of emergency as defined in the Open Meetings Act. The Board of Regents will consider such emergency changes to the agenda at the beginning of each meeting, but once the Board of Regents formally approves the agenda, it will be followed.

Persons or groups wishing to place an item on the agenda of the Board of Regents, whether for possible Board of Regents action or for purposes of addressing the Board of Regents about an item, must submit a letter to that effect to the President of the Board via the President/Superintendent of the Institute not less than two working days prior to the scheduled meeting. Items are typically considered by the appropriate Board of Regents' committee before going to the full Board of Regents. Final decisions to place items on the agenda or to refer items to committee will be rendered by the President of the Board after consultation with the President/Superintendent of the School.

Conduct of Meetings

Parliamentary procedure shall be governed by the most current revision of Roberts' Rules of Order, except that New Mexico law or other applicable Regents' policies will govern if there is a conflict with Roberts' Rules of Order.

References

Structure: New Mexico Constitution, art. XII, § 13; §§ 21-1-13, 21-7-5, 21-7-6, NMSA 1978.
Meetings: NMSA 1978 §§ 21-1-14, 21-7-5, 21-7-12; Open Meetings Act, § 10-15-1.

 

Go to:
Table of Contents
Table of Contents  -  Section 1
Regents' Policy Manual
Homepage


1.2.1 Subject: REGENT STANDING COMMITTEE DUTIES

Regent Standing Committees

Cadet Life

Academics

Physical Development and Athletics

Enrollment and Marketing

Finance and Audit

Facilities and Information Technology

 

Standing committees' duties and functions are determined by the Board of Regents, and shall include at least gathering information, conferring with members of the administration, faculty, staff, cadet body, and public on the topics within the committee's duties, and making recommendations for action by the Board of Regents. The chairs of the standing committees shall report the committee recommendations to the Board of Regents at its meetings. Standing committees do not constitute a quorum of the Board of Regents and have no authority to act for the Board of Regents.

Other Committees

Alliance Committee – President of the Board of Regents and 1 alternate

NMMI Foundation Representatives – 2 Regents and 1 non-Regent

The President of the Board may name other standing or special committees with the consent of the Board of Regents. Each committee shall consist of two Regent members, and such community and Institute members as the President of the Board deems appropriate. The President of the Board shall serve as an alternate whenever any of the Regent members are not present.

The chair of each committee shall be responsible for preparing the agenda for the committee meetings, in consultation with the appropriate member of the NMMI staff. The President/Superintendent of the Institute or his designee may submit agenda items for the committee to the President of the Board and the chair of the committee. All action items for the Board of Regents meeting must be first reviewed by a standing committee, unless this requirement is waived by the President of the Board.

Cadet Life

In conjunction with the Commandant, the committee will review matters relating to the Corps of Cadets, cadet discipline and cadet life, and planned changes to the Cadet Blue Book as well as any other proposed policy change that will materially affect cadets.

Academics

In conjunction with the Academic Dean and the High School Principal, the committee will review academic affairs including but not limited to the following matters, and make recommendations to the full Board:

Graduates

Addition or deletion of new academic divisions , programs, or degrees

Academic waivers

Matters covered by the faculty handbook

Physical Development and Athletics

In conjunction with the Vice President for Physical Development and the Athletic Director, the committee will review the cadet physical performance and development  and Athletic programs, and make any recommended changes to the full Board:

Athletic waivers

Addition or deletion of athletic sports or programs

Enrollment and Marketing

In conjunction with the Vice President for Enrollment and Marketing and the Development Officer, the committee will be generally knowledgeable in this area in order to make recommendations to the full Board.

 

Finance and Audit

The Finance Committee of the Board of Regents shall consist of two members.  NMMI’s Internal Auditor shall attend Finance Committee meetings.   The Internal Auditor shall provide an advisory role relating to financial matters, including but not limited to, an understanding of generally accepted accounting principles, financial statements, internal controls and audit functions.

The Finance Committee shall meet at least four times a year concerning Finance Committee issues. The Finance Committee shall also act as the Regent Audit Committee.  At least annually, the Audit Committee shall meet separately with the external auditors and shall ask for comments on management support of the audit function, quality of audit effort, quality of internal controls and other areas of concern. As needed, the Finance/Budget/Audit Committee and/or Board will meet in executive session with the Director of Internal Audit.

In conjunction with the Vice President for Finance and Business Processes, the committee will review and make recommendations to the full Board on:

1.      The approval of the annual operating and capital budgets presented under the direction of the President/Superintendent;

2.      Budget Revisions in the budget adopted by the Board ;

3.       The disposition and sale of any school property;

4.       Review of all fees and charges assessed against cadets enrolling in the school;

5.      Approval of all bonded debt agreements;

6.      Approval of quarterly financial statements;

7.      Approval of Internal Audit work plan annually;

8.      Periodic review of the Investment policy and investment performance;

9.      Periodic appraisal of the accounting, bookkeeping, fiscal control and financial reporting systems of the school with recommendations to the President/Superintendent and/or Board of Regents as appropriate;

10.  Approve selection of the External Auditor annually;

11.  Attendance and participation at the annual audit exit conference;

12.  Review and approval of the annual audit of the school conducted by the State Auditor or his designee forwarding its comments and recommendations concerning such audits to the full Board;

13.  Policy waivers related to financial issues;

14.  Proposed financial policies;

15.  Prior to the commitment of NMMI funds, review of expenditures for goods and service between $150,000 and $500,000 and recommend approval of expenditures over $500,000 to the full Board.  Expenditures made pursuant to a previously approved contract are not subject to separate expenditure approval.

Conduct annual planning meeting for consideration of financial support of long-range strategic plan.

 

Facilities and Information Technology

In conjunction with the Vice President for Facilities and the Vice President for Technology/CIO, the committee will review and make recommendations to the full Board on matters relating to NMMI Facilities/Infrastructure and Information Technology, including but not limited to:

 

5 Year Capital Plan

Campus Master Plan

Proposed capital projects

Purchase, sale or transfer of real property

Leases of real property, the annual cost of which exceeds $100,000

Disposition of surplus property

Acceptance of certain gifts to the Institute

References

Policy 7.13

 

Go to:
Table of Contents
Table of Contents  -  Section 1
Regents' Policy Manual
Homepage


  

1.3 Subject: PUBLIC NOTICE OF REGENTS' MEETINGS

Policy

1. This Policy is adopted pursuant to the New Mexico Open Meetings Act, § 10-15-1, et seq., NMSA 1978.

2. Regular Meetings.

a. Regular meetings of the Board of Regents will be held as announced in the Notice of Regular Meetings, pursuant to this Resolution.

b. Notice of Regular Meetings. Notice to the public of the regular meetings of the Board of Regents will specify the date, time, and place thereof and will state that a copy of the agenda will be available in the Public Affairs Office and at such other locations chosen by the President/Superintendent of the School, at least twenty-four (24) hours prior to the meeting. Notice will be given to those newspapers and broadcast stations that have filed a written request with the Public Affairs Office for such notices of meetings. Notice will be by mail, facsimile machine, or electronic mail at least ten (10) days prior to the meeting.

3. Special Meetings.

a. Special meetings of the Board of Regents may be called by the President of the Board or any three (3) members of the Board.

b. Notice of Special Meetings. Notice to the public of special meetings of the Board of Regents will specify the date, time, and place thereof and will state that a copy of the agenda will be available in the Public Affairs Office and at such other locations chosen by the President/Superintendent of the School, at least twenty-four (24) hours prior to the meeting. Notice will be given to those newspapers and broadcast stations that have filed a written request with the Public Affairs Office for such notices of meetings. Notice by mail, facsimile machine, or electronic mail will be given at least three (3) days prior to the meeting.

4. Emergency Meetings.

a. Emergency meetings of the Board of Regents may be called by the President of the Board or any three (3) members of the Board only in the event of unforeseen circumstances that, if not addressed immediately by the Board, will likely result in injury or damage to persons or property or substantial financial loss to the School. The Board will avoid emergency meetings whenever possible.

b. Notice of Emergency Meetings. Notice to the public of emergency meetings of the Board of Regents will specify the date, time, place, and subject matter thereof and will be given to those newspapers and broadcast stations that have filed a written request with the Public Affairs Office for such notices of meetings. Notice will be by telephone, facsimile machine, or electronic mail and at locations chosen by the President/Superintendent of the School, at least twenty-four (24) hours prior to the meeting or by such other notice as soon as possible and as may be practicable under the circumstances.

5. Compliance with the Americans with Disabilities Act. In addition to the information specified above, all notices shall include the following language:

If you are an individual with a disability who is in need of a reader, amplifier, qualified sign language interpreter, or any other form of auxiliary aid or service to attend a meeting of the Board of Regents, please contact the Office of Public Affairs at least one week prior to the meeting. Public documents, including the agenda and minutes, can be provided in various accessible formats. Please contact the Office of Public Affairs if an accessible format is needed.

6. Telephone Meetings. A member of the Board of Regents may participate in a regular, special, or emergency meeting of the Board by means of a conference telephone or other similar communications equipment when it is otherwise difficult or impossible for the member to attend the meeting in person. Each member participating by conference telephone must be identified when speaking, all participants must be able to hear each other at the same time, and members of the public attending the meeting must be able to hear any member of the Board who speaks during the meeting. The minutes of any meeting at which there is telephone participation shall identify the Regent(s) who was not physically present but who participated by conference telephone or other similar communications equipment.

7. Closed Meetings (Executive Sessions).

a. Exceptions to Open Meetings Act. Meetings of the Board of Regents may be closed, according to the procedures set out below, only if the matter to be considered falls within one of the enumerated exceptions defined in Section 10-15-1(H) of the Open Meetings Act or if closure can be implied from or required by other laws or constitutional principles which specifically or necessarily preserve the confidentiality of certain information.

b. Closing an Open Meeting.

Closing of a meeting shall be by a majority vote of a quorum of the Board during the open meeting, with the vote of each member being recorded. The motion shall state: (1) the authority for the closure (the statutory provision); and (2) the subject to be discussed

with reasonable specificity. The matter to be discussed must have been included on the agenda, except for emergency matters.

c. Calling a Closed Meeting Outside an Open Meeting.

(1) Notice that a meeting will be closed, in whole or in part, will be given as specified above for a regular, special or emergency meeting, as appropriate, by so specifying either in the notice of the meeting or on the agenda. The notice shall state the specific provision of the law authorizing the closed meeting and shall state the subject to be discussed with reasonable specificity.

(2) The minutes of the next open meeting shall contain information about the closed meeting, including the date, time, place, and subject matter of the closed meeting, the names of the Regents present at the closed meeting, the names of the absent Regents, and a statement that the matters discussed in the closed meeting were limited only to those specified in the notice of the closed meeting.

d. Action. Any final action taken as a result of discussions in a closed meeting shall be made by a vote of the Board of Regents at an open public meeting, with the exceptions allowed under Section 10-15-1(H).

8. Agendas. A copy of the agenda for each regular and special meeting of the Board of Regents will be available at least twenty-four (24) hours prior to the meeting (and the notice of the meeting shall so state) at the Public Affairs Office and at such other locations chosen by the President/Superintendent of the School. Except for emergency matters, the Board shall take action only on items appearing on the agenda. The intent to close a regular meeting and the subject matter involved shall be included in the agenda.

9. Minutes.

a. The Board of Regents shall approve and keep written minutes of all its meetings. The minutes shall include, at a minimum: (1) the date, time, and place of the meeting; (2) the names of Regents in attendance and those absent; (3) a statement of what proposals were considered; and (4) a record of any decisions made by the Board and how each Regent voted.

b. Draft minutes shall be prepared within ten (10) working days after the meeting and must be available for public inspection. The draft minutes must clearly indicate that they are not the official minutes and are subject to approval by the Board.

c. Draft minutes shall be approved, amended, or disapproved at the next regular meeting where a quorum is present. Minutes shall not become official until approved by the Board of Regents. Official minutes are subject to public inspection.

d. No minutes need to be kept during closed sessions, but information about the closed session must be documented as specified in the "Closed Meetings" section of this resolution.

e. Audio tapes of Board of Regents' meetings shall be retained until the approval of the minutes at the next regular Board of Regent meeting.

References

Open Meetings Act, § 10-15-1 NMSA 1978.

 

Go to:
Table of Contents
Table of Contents - Section 1
Regents' Policy Manual
Homepage

1.4 Subject:  APPOINTMENT OF THE PRESIDENT/SUPERINTENDENT OF THE INSTITUTE

Applicability

This policy applies to the selection and appointment of the President/Superintendent of the School.

Definition

The term "candidate" includes both applicants and nominees for the position of President/Superintendent of the School.

Policy

The Board of Regents is responsible for selecting and appointing a President/Superintendent of the School. The Board considers this to be one of its most important responsibilities.

Implementation

Whenever the position of President/Superintendent becomes vacant, the Regents shall conduct a search for qualified candidates for the Presidency. The Board shall be guided by equal employment opportunity and affirmative action principles and procedures.

The Board may appoint an advisory search committee to aid in identifying qualified candidates for the Presidency. Such a committee should be representative of the various segments of the Institute community and may include Regents and one or more members from the community at large. The Board will carefully consider the committee's recommendations before taking final action but cannot be bound by those recommendations, because the Board has sole legal responsibility for appointing a President/Superintendent of the School.

All Regents, search committee members, or employees involved in the search process at the Institute shall keep confidential the identity of candidates for President/Superintendent and the details of the deliberations of those responsible for screening candidates, except as provided in this policy. Under all circumstances, letters of reference, the deliberations of the search committee, and other similar evaluative materials shall be kept confidential with respect to all candidates. Preliminary interviews of candidates by the search committee or any member or subcommittee of the search committee prior to the public identification of finalists shall also be confidential.

At least twenty one days before the date of a meeting of the Board of Regents at which final action is taken on selection of the President/Superintendent, the Board shall give public notice of names of the finalists being considered for the position. The required notice may be provided through various methods which must include publication in a newspaper of county-wide circulation.  The required publication shall be made at least twenty one days and not more than thirty days before the described meeting. Copies of the resumes or curriculum vitae of the finalists shall be made available at the same time public notice is given of their names.

The Board may appoint an interim President/Superintendent pending completion of a search for a permanent President/Superintendent.

The President/Superintendent serves at the discretion of the Board, subject to the terms of the President/Superintendent's contract.

References

Inspection of Public Records Act, §14-2-1, NMSA 1978, as amended, Special Session 1998.

 

Go to:
Table of Contents
Table of Contents -
Section 1
Regents' Policy Manual
Homepage

1.6 Subject: SPECIAL RECOGNITION AND AWARDS

Applicability

This policy applies to awards of honorary degrees and other types of special recognition given on behalf of the Institute at the discretion of the Board of Regents. This policy does not preclude other kinds of awards and recognition by other units or officials of the School.

Policy

It is the practice of the Board of Regents of the Institute to recognize from time to time the contributions of special people to the School, to the state of New Mexico, or to the national or international community. Nominations for these awards may be submitted to the President/Superintendent by cadets, faculty, and staff. The President of the Board of Regents may appoint an ad hoc committee to review the nominees, to include the personnel file of the employee(s).  The final decision for the Will Rogers Award, the Regents’ Recognition Award, NMMI Distinguished Service Award, and Honorary Degrees will be made by the Regents.

The Board has established the following awards for this purpose.

1.  The Will Rogers Award.  Will Rogers’ honest, clean lifestyle inspires.  He was a self-appointed ambassador without portfolio.  Meeting with kings and presidents, he traveled by slow boat around the world seeking knowledge to share.  Following a chance meeting with Brigadier General L. T. “Babe” Godfrey, NMMI (Ret) 1924 JCG, he enrolled his son, Jim, in 1931.  During school year 1931-32, he was named the first Honorary Alumnus of NMMI.  In 1997, NMMI established the Will Rogers Memorial Award to recognize nationally and internationally prominent individuals who have displayed the characteristics so engrained in the Corps of Cadets and Alumni, “Duty, Honor and Achievement.”  The award recognizes eminent individuals who have distinguished themselves as “Great Americans”.  The prestigious awardees are:

                        1997    President Gerald R. Ford

                        1997    Mr. Bill Daniels, 1941 JCG

                        2000    Stephen E. Ambrose, Ph.D.

                        2002    Justice Sandra Day O’Connor

 

2.  Honorary Degrees. The New Mexico Military Institute wishes to recognize and thereby encourage individuals by awarding special honors to those persons who have contributed significantly to the cultural or scientific development of the Southwest, or to the spiritual or material welfare of its people. At the same time, due regard should be paid to eminent individuals and scholars whose contributions are of general significance and transcend geographic limitations. In no case should a passing courtesy to the New Mexico Military Institute, such as the delivery of a commencement address, be the sole or principal cause for such honorary awards. The award of an honorary degree to a person seeking or holding a political office does not indicate endorsement by the New Mexico Military Institute. Political involvement should not prevent selection of an individual for an honorary degree.

It is not the School's policy to award honorary degrees to active members of the faculty, staff, or administration. This does not preclude, in an exceptional case, the awarding of an honorary degree to an emeritus member of the faculty or to a former employee whose stature remains or becomes eminent in the years following active service with the School. In such exceptions, sufficient time shall have elapsed to insure objectivity in the process of selection.

Honorary degrees will be awarded only upon the approval of the Regents, based on recommendations from the Honorary Degree Committee, whose membership is set out in the Operations and Procedure Manual

3.   NMMI Distinguished Service Award   The NMMI Distinguished Service Award will be recommended by the President/Superintendent and approved by the President/Superintendent and be awarded to a faculty or staff for sustained superior performance of duty warranting the highest recognition of NMMI. 

4.                  NMMI Fraternity of Merit Award   The NMMI Fraternity of Merit Award will be approved by the President/Superintendent and be awarded to faculty or staff for sustained superior performance of duty warranting the second highest recognition of NMMI.

5.                 NMMI Meritorious Service Medal. The NMMI' Meritorious Service Medal will be approved by the President/Superintendent and be awarded to faculty or staff in recognition of sustained superior performance of duty and/or outstanding achievement.

The criteria for the faculty award will be outstanding teaching, service to cadets, research, scholarship, publications, performance in faculty and Institute governance, or other such contributions which have enhanced the institution.

The criteria for the staff award will be outstanding performance of duties and meritorious service which have enhanced the School.

6. Regents' Recognition Medal. The Regents' Recognition Medal will be awarded by the Regents of the New Mexico Military Institute to a person or persons, other than faculty or staff, who have performed outstanding service to the institution.

The criteria for the award will be extraordinary and unselfish assistance to the Institute over an extended period of time. However, a single service might be recognized if, in the judgment of the Regents, circumstances warrant.  Selection will be made by the Regents.

Implementation Awards will be a medal, or other appropriate device, bearing the seal of the New Mexico Military Institute and other appropriate designs and will be accompanied by a certificate upon which the nature of the service will be cited.

Go to:
Table of Contents
Table of Contents -
Section 1
Regents' Policy Manual
Homepage



 

 

 

 

 

 

 

 

 


1.8 Subject:  REGENT CODE OF CONDUCT AND CONFLICTS OF INTEREST POLICY

Applicability

This policy applies to members of the Institute Board of Regents.

Policy

1. Members of the Board of Regents ("Regents") are expected to perform their duties faithfully and efficiently and never to give rise to suspicion of improper conflict with interests of the School. Regents shall not accept favors or gratuities of significant economic value from any firm, person, or corporation that is engaged in, or attempting to engage in, business transactions with the School. They must avoid any conflict of interest that may affect their independent judgment in the impartial performance of their duties. They may not use their positions to enhance their direct or indirect financial interest or use confidential information learned as a Regent for anyone's private gain. Regents shall comply with state conflict of interest laws as well as Institute policies.

2. No Regent shall maintain a financial interest in a firm or corporation with which the Institute is engaged in business. In addition, a Regent shall not participate directly or indirectly in any decisions relating to any transaction between the Institute and a business entity of which the Regent or any member of the Regent's immediate family is a director or trustee.

3. For the purposes of this policy, "financial interest" includes any direct or indirect financial interest. This includes any transaction between the Institute and the Regent or a member of the Regent's immediate family. An immediate family member is a family member who shares a home with a Regent; or is a person who receives financial support of more than twenty-five percent (25%) of his or her annual income from a Regent; or is a person who is claimed as a dependent for federal income tax purposes by a Regent. "Financial interest" also includes any transaction between the Institute and a business entity (corporation, sole proprietorship, partnership, LLC, or similar entity) including parents or subsidiaries of the business entity, in which the Regent or a member of the Regent's immediate family:

(a) has an ownership interest (other than as owner of less than one percent (1%) of the stock of a publicly traded corporation); or

(b) is a partner or officer of such business entity or an employee of such business entity whose compensation is related to business transacted with the School.

4. A member of the Board of Regents will have 120 days from the date the Board of Regents approves the "Regent Code of Conduct and Conflicts of Interest Policy" ("Code") to fully comply with the Code. Each Regent will annually certify compliance with the Code on a form approved by the Regents. Each annual certification shall be filed by the Regents with the Institute Counsel who shall furnish a copy to the Executive Vice President/Superintendent for Administration. If a Regent fails to file an annual certification or fails to comply with the Code, the Board of Regents shall give written notice to the Governor of the State of New Mexico. The Regents shall make any such notice public. Violation of the Code by a Regent will be grounds for removal of that Regent pursuant to Article XII, Section 13 of the Constitution of New Mexico.

5. Members of the Board of Regents are required by the Financial Disclosure Act, Section 10-16A-1, et seq., NMSA 1978, to file a report with the New Mexico Secretary of State concerning the Regent's financial interests. A copy of such report shall also be filed by the Regent with the Institute Counsel who shall furnish a copy to the Vice President for Finance and distributed to each member of the Board of Regents. The report filed with the Vice President for Finance shall be supplemented to the extent necessary to set forth the Regent's financial interests as defined in Section 3 of this policy.

References

NMSA 1978 Governmental Conduct Act, § 10-16-1 et seq.; Procurement Code 13-1-190, -193, -195; 21-1-17, -35

Go to:
Table of Contents
Table of Contents -
Section 1
Regents' Policy Manual
Homepage


1.9 Subject:  Management Control Policy

      The management of the New Mexico Military Institute (NMMI) is charged with the responsibility for establishing a network of processes with the objective of controlling the operations of NMMI in a manner which provides the Board of Regent’s reasonable assurance that:

  • Data and information published either internally or externally is accurate, reliable, and timely.
  • The actions of management and employees are in compliance with the organization’s policies, standards, plans and procedures, and all relevant laws and regulations.
  • The organization’s resources (including its people, systems, data/information bases, and customer goodwill) are adequately protected.
  • Resources are acquired economically and employed profitably; quality business processes and continuous improvement are emphasized.
  • The organization’s plans, programs, goals, and objectives are achieved.

 

Controlling is a function of management and is an integral part of the overall process of managing operations. As such, it is the responsibility of managers at all levels of the organization to:

  • Identify and evaluate the exposures to loss which relate to their particular sphere of operations.
  • Specify and establish policies, plans, and operating standards, procedures, systems, and other disciplines to be used to minimize, mitigate, and/or limit the risks associated with the exposures identified.
  • Establish practical controlling processes that require and encourage management and employees to carry out their duties and responsibilities in a manner that achieves the five control objectives outlined in the preceding paragraph.
  • Maintain the effectiveness of the controlling processes they have established and foster continuous improvement to these processes.

The President/Superintendent will develop administrative policies and procedures to implement the policies of the Board of Regents.

Go to:
Regents' Policy Manual
Homepage
Main Table of Contents


 

Table of Contents
Section 2- Policies of General Applicability

2.1 – Authority to Represent NMMI
2.2 - Speakers from off Campus
2.3 - Equal Opportunity & Affirmative Action for Employees & Student
2.5 - Sexual Harassment
2.6 – Drug and Alcohol-Free Environment
2.7 - Use of the NMMI's Name and Symbols
2.8 - Visitors to NMMI
2.9 - Archives and Records
2.10 - Architectural Style of Campus Buildings and Campus Master Plan
2.10.1 - Historic Preservation
2.11 - Naming Facilities, Spaces, Endowments, and Programs
2.11.1 - Building Plaques
2.12 - Advertising, Sales, and Solicitations on Campus
2.13 – NMMI Foundation
2.14 – NMMI Alumni Association
2.15 – NMMI Alliance Agreement
2.16 – NMMI Parents Club
2.17 - Legal Counsel
2.18 - Public Access to Institute Records

Go to:
Regents' Policy Manual
Homepage
Main Table of Contents


2.1 Subject: AUTHORITY TO REPRESENT NMMI

Applicability

This policy applies to all members of the Institute community: Regents, faculty, cadets, and staff.

Policy

Those who speak or act shall not do so in the name of the Institute or any of its organizations unless there has been specific authorization to do so. The President/Superintendent of the School, as its Chief Executive Officer, is authorized by the Board of Regents to be the primary spokesperson for the School. The President of the Board of Regents is authorized to speak officially on behalf of the Board.

Any action taken in the name of New Mexico Military Institute is prohibited unless specifically authorized by the Board of Regents or the President/Superintendent or his designee.

Implementation

The President/Superintendent shall adopt administrative policies and procedures to implement this policy.

 

Go to:
Table of Contents
Table of Contents -
Section 2
Regents' Policy Manual
Homepage


2.2 Subject: SPEAKERS FROM OFF CAMPUS

Applicability

This policy applies to all speakers at the Institute who are not affiliated with the New Mexico Military Institute, but who are sponsored by members of the campus community.

Policy

The Institute encourages free inquiry on the campus. It has confidence in the ability of its cadets, faculty, and staff to critically evaluate all ideas that may be expressed at the Institute by speakers from off campus.  Given the age and maturity level of NMMI high school cadets, care should be exercised in determining whether a topic and its presentation are appropriate.

As an educational institution, the Institute expects that presentations of speakers in Institute facilities will be of educational value, and that they will be conducted in an orderly manner. The responsibility for determining the educational value of invited speakers rests ultimately upon the group authorized to extend the initiation. No Institute organization should accept speakers imposed upon it by any outside agency or individual, nor should an organization lend its entitlement to invite a speaker merely as an accommodation to anyone.

Speakers approved in accordance with Institute procedures should be allowed free expression of their views, but should be reminded of the young age of some members of the Corps of Cadets.

Implementation

The President/Superintendent shall adopt administrative policies and procedures to implement this policy.

References

See, Special Use of Institute Facilities Policy (p.8-1)

 

Go to:
Table of Contents
Table of Contents -
Section 2
Regents' Policy Manual -
Homepage 


2.3 Subject:  EQUAL OPPORTUNITY AND AFFIRMATIVE ACTION FOR EMPLOYEES  

Applicability

This policy applies to the recruitment, hiring, training, and promotion of Institute employees (faculty and staff), and to all other terms and conditions of employment.

Policy

1. Equal Employment Opportunity

NMMI policy, state and federal law and regulations forbid unlawful discrimination on the basis of race, color, religion, national origin, physical or mental disability, age, sex, sexual preference, ancestry, or medical condition, in recruiting, hiring, training, promoting, and all other terms and conditions of employment. All personnel policies, such as compensation, benefits, transfers, layoffs, terminations, returns from layoff, School-sponsored training, education, tuition assistance, social, and recreation programs will be administered without regard to the characteristics or conditions listed above, except when one of these is a bona fide occupational qualification. The Institute strives to establish procedures which assure equal treatment and access to all programs, facilities and services.

2. Equal Educational Opportunity

The New Mexico Military Institute is committed to providing equal educational opportunity and forbids unlawful discrimination on the basis of race, color, religion, national origin, age, sex, sexual preference, or ancestry. In keeping with this policy of equal educational opportunity, the Institute is committed to creating and maintaining an atmosphere free from all forms of harassment.  

3. Anti-Harassment Policy

It is the policy of the institution to prevent and eliminate forms of unlawful harassment in employment and educational settings. The Institute prohibits harassment of employees by supervisors or co-workers and harassment of cadets on the basis of race, color, religion, national origin, physical or mental disability, age, sex, sexual preference, ancestry, medical condition, or other protected status. The Institute makes special efforts to eliminate both overt and subtle forms of sexual harassment.

Implementation

The President/Superintendent will develop administrative policies and procedures to implement this policy.  The President/Superintendent shall establish grievance procedures for resolving allegations of discriminatory treatment or harassment against employees and cadets. Retaliation against any individual for bringing a complaint or participating in an investigation or hearing is strictly forbidden.

References

Title VI and VII of the Civil Rights Act of 1964; Title IX of the Educational Amendments of 1972; New Mexico Human Rights Act, § 28-1-1 et seq., NMSA 1978; Americans with Disabilities Act; Executive Order 12,246 Dispute Resolution Policy, BOR Policy 6.10; Sexual Harassment, BOR 2.5; Harassment/Discrimination, O & P Policy 3100; Discrimination in Employment/Americans with Disabilities Act, O & P Policy 3110;

 

Go to:
Table of Contents
Table of Contents -
Section 2
Regents' Policy Manual
Homepage


2.5 Subject: SEXUAL HARASSMENT

Applicability

This policy applies to all members of the Institute community.

Policy

The Institute is committed to creating and maintaining a community in which cadets, faculty, and administrative and academic staff can learn and work together in an atmosphere that enhances productivity and draws on the diversity of its members -- an atmosphere free from all forms of disrespectful conduct, harassment, exploitation or intimidation, including sexual. Sexual harassment subverts the mission of the Institute and threatens the careers of cadets, faculty and staff. It is a violation of federal law and will not be tolerated. The Institute makes special efforts to eliminate both overt and subtle forms of sexual harassment. In fulfilling its dual roles of educating and providing public service, the Institute can and must demonstrate leadership in educating all members of its community to what is appropriate behavior between the genders.

Implementation

The President/Superintendent shall adopt administrative policies and procedures for implementing this policy and for resolving complaints of sexual harassment. Retaliation against any individual for bringing a complaint or participating in an investigation or hearing is strictly forbidden.

References

Titles VI and VII of the Civil Rights Act of 1964; Title IX of the Educational Amendments of 1972; Harassment/Discrimination, O & P Policy 3100

 

Go to:
Table of Contents
Table of Contents -
Section 2
Regents' Policy Manual
Homepage

 


2.6 Subject: DRUG/ALCOHOL/TOBACCO-FREE ENVIRONMENT

Applicability

This policy applies to all members of the Institute community and all property owned, used, leased, or controlled by the School, or any site where official Institute business is being conducted.

Policy

The Institute is committed to fostering an environment for the pursuit of its mission that is free of drugs and alcohol. Drug and alcohol usage at the Institute pose a serious threat to the health and welfare of faculty, staff, and cadets; impair performance; jeopardize the safety and well-being of other members of the Institute community and of the general public; and conflict with the responsibility of the Institute to foster a healthy atmosphere for the pursuit of education, research, and public service.

The unlawful manufacture, distribution, dispensing, possession or use of controlled substances or alcohol on Institute property or as part of any Institute activities by any member of the Institute community is strictly prohibited.   

All members of the Institute community shall abide by this policy as a condition of employment or enrollment. Violation of this policy shall result in disciplinary action, up to and including dismissal and expulsion.  Additional policies that apply to cadets when on holiday or off-campus, are outlined in the Cadet Blue Book and/or Section 4.3.

NMMI private residences classified as single family residences, are exempted from the applicability of the policy, except in the case of unlawful activity.  Residences provided to employees in NMMI barracks are not exempt from this drug/alcohol/tobacco free policy.

Implementation

The President/Superintendent shall adopt administrative policies and procedures to implement this policy which shall be in accordance with the requirements of federal and state law. In addition, the President/Superintendent will maintain alcohol and drug-free awareness programs to inform all members of the Institute community about the issues and risks of substance abuse at the School.

References

The Drug-Free Workplace Act of 1988, 41 U.S.C. § 701 et seq.; Section 22 of the Drug-Free School and Communities Act Amendments of 1989, 20 U.S.C. 1145g, 3224a; O & P Policy 3170

Go to:
Table of Contents
Table of Contents -
Section 2
Regents' Policy Manual
Homepage


2.7 Subject: USE OF NMMI'S NAME/SYMBOLS/SEAL

Applicability

This policy applies to the use of the School's name and official symbols, including the corporate seal, Institute crest, the Bronco, the “I” over the crossed sabers, and the Bronco seal.

Policy

The official seal of the New Mexico Military Institute is the symbol of the authority and corporate signature of the Board of Regents and may be used in its impressed or embossed form only on diplomas, academic transcripts, enrollment certifications or other official Institute documents for which certification is requested. The seal cannot be altered or modified except by authorization of the Board of Regents.

Use of the name and/or official symbols of NMMI, including the Institute crest and the Bronco seal, for other than NMMI official business, is prohibited unless authorized by written permission from the Legal Advisor/Adjutant.

Implementation

The Office of the Registrar shall have custody of the seal for the purposes described in this policy.  Requests for the use of the NMMI name, crest, logo or Bronco shield shall be forwarded to the Legal Advisor/Adjutant.

Go to:
Table of Contents
Table of Contents -
Section 2
Regents' Policy Manual
Homepage

 

2.8 Subject: VISITORS TO THE INSTITUTE

Applicability

This policy applies to all persons on Institute campuses who are not members of the Institute community.

Policy

As a state educational institution, NMMI acknowledges that various individuals may wish to visit the campus. However, conduct which adversely affects the School's educational function, disrupts the campus, or interferes with the rights of others to pursue their education, to conduct their Institute duties and responsibilities, or to participate in Institute activities shall be considered an offense against the School. Such conduct is prohibited and shall lead to disciplinary action, including expulsion or barring from campus, or arrest by the Institute when the offense occurs on Institute premises, as part of a School-sponsored event, or in connection with Institute activities.

Implementation

The President/Superintendent shall adopt a Visitors' Plan which shall be published in the Operations and Procedure Manual and on the NMMI website www.nmmi.edu. The Visitor Plan shall specify visitor registration requirements, along with the types of conduct which will lead to disciplinary action and the sanctions for such conduct.   

References

 

Go to:
Table of Contents
Table of Contents -
Section 2
Regents' Policy Manual
Homepage

 


2.9 Subject: INSTITUTE ARCHIVES AND RECORDS

Applicability

This policy applies to all employees of the School.

Policy

There is a need to adequately document, by identifying and preserving historically and legally significant records,   Such records may not be permanently removed from the Institute or destroyed without the prior approval of the Institute Archivist.

Implementation

The Institute shall appoint an Institute Archivist. The Institute Archivist shall develop, in accordance with state law where applicable, standards and procedures for selecting, preserving, organizing, and servicing both official and personal records which provide evidence of the School's contribution to society, and for determining whether and when Institute records may be permanently removed or destroyed. The Archivist shall have final authority to disapprove the removal or destruction of Institute records until satisfied that the records have no historical, legal, or fiscal value.

References

Record Retention and Disposition Schedules; State Records Act.

 

Go to:
Table of Contents
Table of Contents -
Section 2
Regents' Policy Manual
Homepage


2.10 Subject: ARCHITECTURAL STYLE OF CAMPUS BUILDINGS AND CAMPUS MASTER PLAN

Applicability

This policy applies to all buildings on the central campus of the School.

History

The yellow “buff pressed brick”, sometimes called Kansas brick, was introduced in 1908 by the Rapp brothers, widely respected architects originally from Carbondale, Illinois.  Isaac Rapp, the older brother and designer, had already been recognized for his work in Santa Fe and Las Vegas, New Mexico.  He had designed the territorial capitol, the New Mexico building at the Lewis and Clark Centennial Exposition, Santa Fe’s La Fonda Hotel and various other buildings including the Chaves County Court House.   In 1908, Regents approved the architectural style of a new Kansas brick barracks (named Hagerman barracks) that was described as baronial, tudor gothic, and military gothic.   

Policy

It is the policy of the Regents that all construction on the campus of New Mexico Military Institute will consist of the yellow brick military gothic style and that buildings off of the main campus reflect the general character of this style to the extent possible given the special needs for facilities in these areas.  The consistent use of a single architectural style has become a unique feature of the New Mexico Military Institute campus, and contributes an aesthetically pleasing environment that becomes an unforgettable memory of the campus.    Regent approval is required on all construction valued at more than $50,000.

The Board of Regents shall approve the School's long-range campus master plan to guide the physical development of the campus. Revisions to the master plan must have the approval of the Regents.

Implementation

The President/Superintendent, through the Vice President for Facilities, shall draft design specifications for campus buildings which specify use of the military gothic architectural style for central campus buildings and that are compatible with this style for other areas of the campus.

The current campus master plan, prepared by the Vice President for Facilities                                           was adopted by the Regents in concept in March 2008.

A copy of the current approved campus master plan is on file in the office of the Vice President for Facilities.

Go to:
Table of Contents
Table of Contents -
Section 2
Regents' Policy Manual
Homepage

2.10.1 Subject: HISTORIC PRESERVATION

Applicability

This policy applies to all buildings, landscapes and places or objects of historic significance that possess exceptional value or quality in representing and reflecting the School's architectural and cultural heritage.

History

The New Mexico Military Institute has several buildings that are listed on the New Mexico Historical Register.

It is the policy of the Institute that all buildings, landscapes and places or objects of historic significance be preserved and protected. Removal of or major alteration to any buildings listed on the State historical register or considered by the Vice President for Facilities to be of historic significance, must be approved by the Board of Regents. These unique historic resources provide a connection to the past for cadets, faculty, staff, alumni and the general public. They are essential to alumni development, cadet recruitment, the public image of the School, and help define a sense of place.

Implementation

The President/Superintendent shall adopt administrative policies and procedures which create guidelines for ensuring the preservation and protection of the School's historic resources, consistent with this Regents' policy.

References

"Historic Preservation" Policy ????, O & P Manual

Go to:
Table of Contents
Table of Contents -
Section 2
Regents' Policy Manual
Homepage

 

 

 

 

2.11 Subject: NAMING INSTITUTE FACILITIES, SPACES, ENDOWMENTS, AND PROGRAMS

Applicability

This policy applies to the naming of facilities including buildings and structures, interior spaces, landscapes, roads, collections, programs, endowed chairs and professorships on the campus of the School.

Policy

The New Mexico Military Institute welcomes the opportunity to honor those who have rendered extraordinary service or support to NMMI. Facilities, spaces, endowments or programs may be named for individuals or entities whose accomplishments or generosity advance the academic mission of the School, further the capacity of NMMI to meet its teaching and scholarly objectives and to serve its community, and enhance the growth and reputation of NMMI. A decision to construct or renovate a building, establish a chair or create a program is to be taken on the basis of established academic and other operational criteria and approved in keeping with the School's established practices and academic mission. Naming will be independent of all appointment, admission and curriculum decisions which the Institute will continue to make in keeping with its established practices and academic mission. To ensure the appropriateness of the honor, the Institute will follow the guidelines listed in this policy as it makes decisions on a case-by-case basis with regard to naming facilities, spaces, endowments or programs.

1. Criteria for Selection of Honorees

Naming a facility, space, endowment or program for an individual, organization or corporation is one of the highest honors that the Institute can bestow. This recognition is a lasting and powerful affirmation of the honoree's connection to the School's mission. As such, honorees shall have exemplary character, an unqualified reputation for honesty, personal integrity and the highest standards of personal and professional ethics.

1.1 Extraordinary Institute Service

Honorees who have been employed by the Institute shall have given extraordinary service to the institution in a teaching, research, service or administrative field with such exceptional distinction that their contributions are widely recognized by their peers, both at the Institute and elsewhere. The recognition afforded the honoree may also include private financial contributions related to the naming opportunity. Honorees may not be in active service at the Institute or hold elected office at the time of the naming, unless the circumstances are exceptional.



1.2 Private Financial Support

Individuals who have not been Institute employees, corporations and other organizations may be considered for naming recognition if they have made significant financial contributions to the Institute related to the naming opportunity. Decisions regarding such recognition are made on a case-by-case basis in accordance with the approval process contained in this policy and any other applicable Institute policies and shall also take into consideration the total cost of the project, the availability of other funds and the level of financial contribution. A bequest or legacy gift from a donor who is still alive will not normally be considered for a naming opportunity.

The following guidelines should also be taken into consideration in determining a significant level of financial support in a given situation:

·         New facilities--fifty percent (50%) of construction costs or one million dollars.

·         Renovation of facilities--seventy-five percent (75%) of the cost of renovating a facility.

·         Existing facilities without renovation--seventy-five percent (75%) of the fair market value of the facility.

·         Portable items--donation of the collection or at least fifty percent (50%) of the value of the collection.

·         Tribute markers--fifty percent (50%) of the cost or value of associated items (e.g. trees, gardens).

·         Endowed chairs and professorships--full funding of the endowment.

·         Programmatic Entities--determined on a case-by-case basis.

2. Request for Approval

Since naming facilities, spaces, endowments and programs has a long-term impact on the School, the approval process is designed to ensure such action is in the best interest of the School. All naming requests will be reviewed by the Committee on Naming Facilities, Spaces, Endowments, and Programs in accordance with the guidelines and procedures found in "Naming Facilities, Spaces, Endowments, and Programs" Section 1700, O & P. The Committee will submit recommendations to the President/Superintendent or other official with approval authority. A plan for any naming opportunity that involves private financial support must be submitted in writing to the Committee and the appropriate approving official prior to submission of a request for approval of a specific name. In the best interest of the Institute and prospective honorees, information relating to any naming request or plan should remain confidential until appropriate approvals have been obtained.  The following naming opportunities must be recommended by the Committee on Naming Facilities to the President/Superintendent who will make recommendation to the Facilities Committee of the Board of Regents. 

2.1 Naming facilities and spaces that are part of the outside environment of the Institute.

2.2 Naming facilities and spaces that are part of the interior space of the Institute.

2.3 Naming facilities and spaces that are made up of portable items which are identifiable because of a specific focus or purpose (for example, collections of art and/or artifacts).

2.4 The display of tribute markers which include plaques, medallions or other markers in association with features such as trees, benches or small monuments.

2.5 Naming of endowed chairs and professorships.

2.6 The naming of academic or non-academic programmatic entities (such as departments, schools, colleges, institutes and centers).

The Board of Regents reserves the right to review for approval, on a case-by-case basis, any naming request not specifically addressed above and not otherwise delegated by the Board of Regents to the President/Superintendent of the School.

3. Duration of Name

Naming of facilities, spaces, endowments and programs in honor of individuals is generally expected to last the lifetime of the facility, space, endowment or program. Naming of facilities, spaces, endowments and programs in honor of corporations or other organizations will have a set number of years attached to the naming which will be determined on a case-by-case basis and listed in the signed gift agreement. Naming associated with a particular facility, space, endowment or program will not preclude further naming within the facility, space, endowment or program.

4. Request Processing

Every reasonable effort will be made to ensure that a naming request will be acted upon within sixty (60) days of the initial submission of that request to the Committee.

5. Recording and Reporting

Regent minutes will reflect the approval of naming opportunities.

Implementation

The President/Superintendent will develop detailed policies and procedures to ensure that the naming of facilities, spaces, endowments and programs is consistent with this Regents' policy. The Committee on Naming Facilities, Spaces, Endowments, and Programs shall review naming plans and requests and make recommendations for approval.   Members of the Committee are:

Faculty Senate Chairperson

NMMI Development Officer

President/CEO of NMMI Foundation

Executive Secretary of the NMMI Alumni Association

Vice President for Facilities

Executive Vice President

This amended policy does not apply to any arrangements that are in existence at the date the amendment is adopted. 

This policy provides guidelines, but the ultimate decision on naming opportunities rests with the Board of Regents.

 References

"Naming Facilities, Spaces, Endowments, and Programs" O & P Section 1700

Go to:
Table of Contents
Table of Contents -
Section 2
Regents' Policy Manual
Homepage

 

2.11.1 Subject: BUILDING PLAQUES

Applicability

This policy applies to the placement of plaques on buildings or other structures on the School’s campus/property. 

Policy

Upon the completion of construction of a new building or a major new addition to a building on any of the School’s property, a plaque shall be mounted in the lobby of the building or other appropriate interior location as determined by the Institute President/Superintendent.  The plaque will be of such material, proportion and detail as to harmonize with its surroundings in an appropriate manner, as approved by the Institute Architect.  The plaque will include the following information: 

  • Building name
  • Institute President/Superintendent on the date (the “contract approval date”) of approval of the construction contract for the building project.
  • Members of the Board of Regents and their Board offices on the contract approval date.
  • Name of Architect
  • Name of General Contractor
  • Year building completed

References

Regents' Policy "Naming Institute Facilities, Spaces, Endowments, and Programs" BOR 2.11;  "Naming Institute Facilities, Spaces, Endowments and Programs", O & P Section 1700; Section 13-8-1, NMSA 1978 (Public buildings; acknowledgment of taxpayers when elected officials acknowledged).

Go to:
Table of Contents
Table of Contents -
Section 2
Regents' Policy Manual
Homepage


2.12 Subject: ADVERTISING, SALES, AND SOLICITATIONS ON CAMPUS

Applicability

This policy applies to advertising and solicitation on campus.

Policy

Advertising, promotion, and/or solicitations through printed material, electronic media, or in-person are not permitted on Institute property except by those vendors contracted by NMMI to provide services (such as the Cadet Store).

Implementation

The President/Superintendent is authorized to adopt policies regulating advertising, sales and solicitations, including machine vending.

The President/Superintendent shall adopt administrative policies and procedures to protect and preserve the beauty and tranquility of the Institute environment; promote the health and safety of the Institute community; prevent commercial exploitation of cadets; and protect and preserve the School's proprietary interests in its property.

 

Go to:
Table of Contents
Table of Contents -
Section 2
Regents' Policy Manual
Homepage

2.13 - Subject: NMMI Foundation

Applicability

This policy applies to the NMMI Foundation.

Policy

The NMMI Foundation, a separate 501(c)3 organization located on the campus of NMMI, operates independently from NMMI, is classified as a public charity under the Internal Revenue Service Code Section 170 (b) (1) (A) (vi).  The Foundation provides fundraising services and other assistance to attract private gift funds to enhance NMMI’s instructional activities and provides scholarship assistance for cadets to attend NMMI.

Implementation

NMMI will work in partnership with the NMMI Foundation in institutional development activities.  A memorandum of understanding shall be maintained between NMMI and the NMMI Foundation, describing their relationship and cooperative efforts. 

Reference

 

Go to:
Table of Contents
Table of Contents -
Section 2
Regents' Policy Manual
Homepage


2.14 - Subject: NMMI Alumni Association

 

Applicability

This policy applies to the NMMI Alumni Association.

Policy

The NMMI Alumni Association is a separate 501(c)3 organization.  Its IRS charters states that it exists to foster a continuing close relationship between NMMI and former cadets who attended NMMI, to provide a way and means for Institute Alumni to maintain and strengthen the close relationships they have developed with each other and with NMMI and to provide support for NMMI programs and activities.

Implementation

NMMI will work in conjunction with the Alumni Association to foster relationships with NMMI Alumni    In collaboration with NMMI, the Association will annually plan Homecoming weekend.  A memorandum of understanding shall be maintained between NMMI and the NMMI Alumni Association, describing their relationship and cooperative efforts.

 

Reference

 

Go to:
Table of Contents
Table of Contents -
Section 2
Regents' Policy Manual
Homepage


2.15 - Subject: NMMI Alliance Agreement

Applicability

The Alliance Agreement is an agreement between the New Mexico Military Institute, the NMMI Foundation, and the NMMI Alumni Association.

Policy

It is the intent of the Regents to participate in the Alliance Agreement.  The purpose of the agreement is to coordinate fundraising activities by and for the three entities.  Under the agreement, fundraising activities must be approved in advance by the Alliance. 

Implementation

The Alliance Committee is charged with reviewing and approving/disapproving fundraising activities proposed by any/all of the entities represented.  The Alliance Committee, serving as the governing body of the Alliance, consists of:

 

President of the Board of Regents (Chairman) – Alternate to be appointed BOR President

President of the NMMI Alumni Association Board of Directors

Chairman of the Board of the Foundation

President/Superintendent of NMMI (non-voting ex-officio)

References

NMMI Alliance Agreement dated 2006.

Go to:
Table of Contents
Table of Contents -
Section 2
Regents' Policy Manual
Homepage 


2.16 - Subject: NMMI PARENTS CLUB

Applicability

The NMMI Parents Club is a separate organization made up of the parents/guardians of current cadets.  The Club holds elections to select officers.  The purpose of the Parents Club is to provide support to the Corps of Cadets.

Policy

It is the policy of the Regents that NMMI will provide an Institute liaison to interact with and provide assistance to the Parents Club.  The activities of the Club must be coordinated through and be in compliance with all NMMI policies and procedures.

Implementation

The President/Superintendent will appoint a liaison to the Parents Club.  A memorandum of understanding shall be maintained between NMMI and the NMMI Parents Club, describing their relationship and cooperative efforts.

References

Parent Club Bylaws

 

Go to:
Table of Contents
Table of Contents -
Section 2
Regents' Policy Manual
Homepage

2.17 Subject: LEGAL COUNSEL

Applicability

This policy applies to requests for legal advice concerning Institute business from outside legal counsel.

Policy

It is in the best interest of the Institute that legal services provided by outside counsel to the Institute and its components be of the highest quality and delivered in a cost-effective manner.  In order to attain these objectives, no component of the Institute may retain or employ outside counsel except with the prior approval of the President/Superintendent of the School. The term “component of the School” includes the School, any unit, department or office of the Institute and any School-affiliated organization.  The retention, employment and supervision of such outside counsel shall be in accordance with guidelines promulgated by NMMI Purchasing Policies.

References

Go to:
Table of Contents
Table of Contents -
Section 2
Regents' Policy Manual
Homepage


2.18 Subject: PUBLIC ACCESS TO INSTITUTE RECORDS

Applicability

This Policy applies to requests for Institute records under the Inspection of Public Records Act, § 14-2-1, et seq. NMSA 1978.

Policy

Pursuant to the Inspection of Public Records Act, § 14-2-7, NMSA 1978, the President/Superintendent shall designate at least one custodian of public records to receive and respond to requests for public records, as specified in the Act. In responding to requests for records, the Institute shall comply with the Family Educational Rights and Privacy Act of 1974 (FERPA) and any other applicable laws and regulations.

Implementation

The President/Superintendent shall adopt administrative policies and procedures to carry out the Inspection of Public Records Act, consistent with the Act, FERPA, and any other applicable laws and regulations.

References

Inspection of Public Records Act, § 14-2-1, et seq., NMSA 1978; Student Records Policy

Go to:
Table of Contents
Table of Contents -
Section 2
Regents' Policy Manual
Homepage

Table of Contents
Section 3 - The President/Superintendent and Administrative Matters

3.1 - Responsibilities of the President/Superintendent
3.2 - Authority in an Emergency
3.3 - Appointment and Termination of Key Administrators

 

Go to:
Regents' Policy Manual
Homepage
Main Table of Contents


3.1 Subject: RESPONSIBILITIES OF THE PRESIDENT/SUPERINTENDENT

Applicability

This policy applies to the President/Superintendent of the School.

Policy

The President/Superintendent of the Institute is its Chief Executive Officer and reports directly to the Board of Regents. The President/Superintendent is responsible for implementing the policies adopted by the Board of Regents. The Board hereby delegates authority to the President/Superintendent to carry out his or her responsibilities to manage the School, as set forth generally in this policy, and to adopt administrative policies and procedures consistent with Regents' policies.

The President/Superintendent may adopt new or revised administrative policies and procedures on the President/Superintendent's own initiative or on the recommendation of faculty or administrative staff, without prior approval of the Regents, provided that any changes in administrative policies and procedures do not conflict with existing Regents' policy.  The President/Superintendent shall advise the Board of Regents of any such policies.

The President/Superintendent may further delegate his/her authority unless specifically prohibited from doing so by explicit statement in a policy adopted by the Regents.

The President/Superintendent's responsibilities include, but are not limited to

·        ensuring the health, safety, welfare, and discipline within the Corps of Cadets;        

·     oversight of the quality of the academic, physical and character development

      programs of the School;

  • supervision of the relationship between cadets, faculty, staff,  and the administration;
  • management of the School's finances;
  • administration of the personnel system and the professional development of faculty and staff
  • operation and maintenance of real and personal property under the jurisdiction of the School;
  • fundraising;
  •  intercollegiate and interscholastic athletics;
  •  auxiliary enterprises, the self supporting business activities that serve cadets;
  • consultation and cooperation with the Regents and other Institute groups on various matters, including planning for the future development of the School;
  • representation of the Institute in public affairs;
  • accounting to the Board of Regents for the School's finances on a quarterly and annual basis;
  • coordinating with the NMMI Foundation in establishing a centralized system for fundraising, advancement, and development;
  • reporting annually to the Board of Regents on the state of the School;
  • presenting to the Board of Regents for approval the organizational structure of the School.

This Policy Manual specifies actions for which Regents' approval is required. However, it is virtually impossible to anticipate every situation in which it may be appropriate for the Regents to act. It is the responsibility of the President/Superintendent of the School, in consultation with the President of the Board, to seek Regents' approval when a proposed action is of such consequence that it could affect the fiscal condition of the Institute or its academic mission or is of such public importance as to warrant the involvement of the Regents even though Regents' approval is not specifically required by this Policy Manual or any statute or other regulation.

Implementation

The President/Superintendent shall appoint an administrative staff to assist in the performance of the functions and duties assigned by the Board to the President/Superintendent and may delegate authority as the President/Superintendent deems necessary to selected administrators, except as may be explicitly restricted by the Board of Regents. The President/Superintendent may adopt appropriate administrative policies and procedures to implement policies adopted by the Regents.

The President/Superintendent shall adopt a procedure for developing and adopting new or revised administrative policies and procedures. This procedure shall be designed to ensure participation and discussion by those members of the Institute community affected by the proposed administrative action. Administrative policies and procedures shall become effective on the date of adoption by the President/Superintendent, or as otherwise specified.

References

See, Policy on Signature Authority for Contracts (Policy 7.8).

 

Go to:
Table of Contents
Table of Contents -
Section 3
Regents' Policy Manual
Homepage

 

 

3.2 Subject: AUTHORITY IN AN EMERGENCY

Applicability

This policy sets forth the President/Superintendent's authority in an emergency.

Policy

The President/Superintendent is authorized to declare a state of emergency at the Institute upon finding that the orderly processes of the Institute have broken down or are seriously threatened. In making such a finding, the President/Superintendent shall consider whether the situation is so disruptive as to require immediate, extraordinary measures to safeguard persons or property or to maintain the School's educational function. As soon as reasonably possible, the President/Superintendent shall inform available Regents of the declaration of emergency. When the President/Superintendent determines that the threat has passed, the President/Superintendent shall inform the Regents and declare the state of emergency to be at an end.

During a state of emergency, the President/Superintendent, in the exercise of reasonable judgment under the circumstances, is authorized to take whatever actions are necessary to safeguard persons or property or to maintain the School's educational function, including suspending Institute activities for all or part of one or more days. Such actions shall remain in effect during the state of emergency, unless sooner cancelled by the President/Superintendent.

President/Superintendent executive orders made during a state of emergency need not be consistent with established Institute policy or procedures. During a state of emergency, the violation of a President/Superintendent order or the commission of any act of misconduct by any person will be considered an offense of the gravest nature, subject to sanctions appropriate to the gravity of the offense. During a state of emergency, failure to identify oneself by name and status as a cadet, faculty member, staff employee, or visitor after being requested to do so by a properly identified official and after being advised of the sanctions for failure to do so, may result in the imposition of disciplinary sanctions.

References

 

Go to:
Table of Contents
Table of Contents -
Section 3
Regents' Policy Manual
Homepage

 


3.3 Subject: APPOINTMENT AND TERMINATION OF KEY ADMINISTRATORS

Applicability

This policy applies to the appointment, dismissal, compensation, and contract amendment or non-renewal of the Executive Vice President, Commandant, Academic Dean, Vice President for Physical Performance and Development, and Legal Advisor/Adjutant.

 Policy

The appointment, dismissal, compensation, and contract amendment or non-renewal of the key administrators shall be the responsibility of the President/Superintendent.  In addition to following the applicable administrative policies and procedures, the President/Superintendent shall inform the Board of Regents prior to appointing, dismissing, setting compensation, and amending or not renewing the contract of the Executive Vice President, Commandant, Academic Dean, Vice President for Physical Performance and Development, and Legal Advisor/Adjutant.

With regard to the recruitment and hiring of the positions named in this policy, the following guidelines shall be observed, consistent with Institute policies and procedures unless the Regents have been consulted and agree to a different process:

  • A national search shall be conducted unless there are exceptional circumstances;
  • A broadly-representative search committee shall be used;
  • Finalists in a competitive process for the position shall participate in interviews which include an open forum on campus for the general Institute community and interested members of the public.

References

Employment Contracts, BOR 6.9.

NMMI Hiring Guide, on NMMI website

Implementation

The President/Superintendent shall adopt administrative policies and procedures for the recruitment and hiring of key administrative positions, including but not limited to the positions specified in this policy. Dismissal or contract non-renewal shall be in accordance with Institute policies and procedures.

Go to:
Table of Contents
Table of Contents -
Section 3
Regents' Policy Manual
Homepage

Table of Contents
Section 4 - The Cadets

4.1 – The Corps of Cadets

4.2 – Cadet Honor Code
4.3 – Cadet Code of Conduct/Cadet Rules & Regulations
4.7 - Tuition and Fees
4.8 - Academic Dishonesty
4.9 – Intercollegiate/Interscholastic Athletics

NOTE: The School's policy on Equal Educational Opportunity appears in Policy 2.3 in this manual.

 

 

Go to:
Regents' Policy Manual
Homepage
Main Table of Contents


4.1 Subject: THE CORPS OF CADETS

Applicability

This policy applies to all cadets enrolled at the New Mexico Military Institute.

Policy

The Board of Regents affirms NMMI’s status as a military boarding school with every enrollee a member of the Corps of Cadets.  As such, the Corps of Cadets is structured similar to a military organization and operates within a disciplined environment.  The government/activities of the Corps are maintained through the Cadet Chain of Command as described in the Cadet Blue Book.  The Commandant and his staff supervise the Corps of Cadets and ensure proper enforcement of the Blue Book. 

The Blue Book shall be subject to review and approval by the Legal Counsel and the Board of Regents as to substance, form, and consistency with applicable law and regulations.

References

The “Blue Book” published annually by the Commandant

 

Go to:
Table of Contents
Table of Contents -
Section 4
Regents' Policy Manual
Homepage

 

 

 

 


4.2 Subject: CADET HONOR CODE

Applicability

This policy applies to all enrolled cadets at the New Mexico Military Institute.

Policy

The Corps operates within a strict Honor Code, implemented and governed by the Corps of Cadets through a duly appointed Cadet Honor Board chaired by a senior cadet.  The Honor Code mandates that a cadet will not lie, cheat or steal, or tolerate those who do. 

Implementation

The Honor Code and Honor System of the Corps of Cadets at New Mexico Military Institute belong to the corps of Cadets, but operate under the authority of the Commandant of Cadets.  Violations of the Honor Code may result in disciplinary sanctions, suspension or dismissal, depending on the recommendation of the Cadet Honor Board and approval by the Commandant.

References

The "Honor Manual" published annually by the Commandant.

The “Blue Book” published annually by the Commandant.

Cadet/Parent Contract updated annually by the Commandant.

 

Go to:
Table of Contents
Table of Contents -
Section 4
Regents' Policy Manual
Homepage


4.3 Subject: CADET CODE OF CONDUCT/CADET RULES & REGULATIONS

Applicability

This policy applies to all enrolled cadets at the New Mexico Military Institute.

Policy

The Institute will take disciplinary action against cadets for conduct or high risk behavior which disrupts, interferes or adversely affects:  cadet safety, health and welfare; good order and discipline; the School's educational function; community living or Institute activities; and the rights of others to pursue their education or performance of their Institute duties and responsibilities. 

 

The Cadet Blue Book prescribes the rules and regulations essential for the effective and efficient command, leadership, and administration of the Corps and sets forth the standards of conduct expected of each cadet.  Cadet conduct will be enforced per the Blue Book.  Cadets are required to read the Blue Book. 

 

Cadets are subject to the herein prescribed NMMI rules, regulations and policies throughout the Academic Year, from Matriculation Day through Graduation Day, inclusive of passes, permits, furloughs, Holidays, Thanksgiving, Christmas and Spring Break.  The policy applies whether the misconduct/failure to follow rules occurs on or off Institute premises and at School-sponsored activities and events. 

 

Implementation

The Commandant of Cadets shall be responsible for publishing the Blue Book, which is distributed to cadets each year.  The parent contract will be utilized to ensure that parents/guardians are aware of the rules and their enforcement.  

The President/Superintendent shall adopt administrative policies and procedures to implement this policy, which shall not infringe upon students' rights under the state and federal constitutions.   

References

The Blue Book, The Honor Manual, Cadet/Parent Contract, Commandant’s Standard Operating Procedures.

Go to:
Table of Contents
Table of Contents -
Section 4
Regents' Policy Manual
Homepage

4.4  Subject: STUDENT RECORDS

Applicability

This policy applies to all records containing personally identifiable information about a student. It does not apply to records containing information about prospective students, applicants, or alumni.

Policy

Under the Family Educational Rights and Privacy Act of 1974 (FERPA), students have the right to inspect and review most records maintained about them by the School, to restrict access to information about them by outsiders in most cases, and to amend student records which are incorrect or violate students' rights. FERPA also requires the Institute to inform students of their rights under FERPA and the policy.

It is the policy of the Institute to comply fully and fairly with the provisions of FERPA and applicable federal regulations.

Implementation

The President/Superintendent shall establish administrative policies and procedures to implement this policy which shall be in accord with FERPA and its regulations. The full text of the NMMI Student Records Policy shall be published in the NMMI catalog.

References

Public Access to Records (BOR 2.18).

 

 

Go to:
Table of Contents
Table of Contents -
Section 4
Regents' Policy Manual
Homepage

 


4.7 Subject: TUITION AND FEES

Applicability

This policy applies to the annual determination of tuition and mandatory fee rates for resident and nonresident cadets

Policy

1. Assumptions

1.1 Factors to be considered in setting annual tuition and fee rates include: access issues, levels of state appropriations and other revenues, availability of need-based financial aid, charges at peer and regional institutions, national trends, economic conditions, recognition of the social benefits of education, and parameters defined in this policy.

1.2 Need-based financial assistance will be available for qualified college cadets to mitigate the effects of any increase in tuition and fees thereby assuring access to the Institute for qualified cadets who demonstrate the greatest financial need.

1.3 These guidelines are established by the Board of Regents in good faith and are subject to change in the event of unforeseen fluctuations in funding requirements, including major changes in the level of state general fund appropriations for higher education.

2. Objectives

2.1 To provide a rationale for the School's tuition decisions.

2.2 To provide predictability and consistency with respect to tuition and fees as a guide to cadets and their families.

2.3 To assure that cadets and the state continue to share the cost of education at NMMI in reasonable proportions.

2.4 To ensure that tuition and fee decisions are consistent with the goals and objectives of the School.

2.5 To be sensitive to relevant national and regional tuition and policy trends.

2.6 To ensure that current economic conditions of the consumer are considered in establishing tuition policy.

 

 

Implementation

Taking into consideration recommendations of the President/Superintendent, the Board approves tuition and fee rates annually.

In setting the tuition and fee rates, the Board approves the total tuition and fee rates paid by resident and nonresident cadets.

Upon consultation with the Vice President for Finance and through the budget process, the President/Superintendent shall approve the allocation of the student activity fee among various activities.

References

 

Go to:
Table of Contents
Table of Contents -
Section 4
Regents' Policy Manual
Homepage

 

 

 


4.8 Subject: ACADEMIC DISHONESTY

Applicability

This policy applies to all cadets at the Institute with regard to academic activities and professional activities related to academic work.

Definition

Academic dishonesty is an honor violation.  "Academic dishonesty" includes, but is not limited to, dishonesty in quizzes, tests, or assignments; claiming credit for work not done or done by others; hindering the academic work of other cadets; misrepresenting academic or professional qualifications within or without the School; and nondisclosure or misrepresentation in filling out applications or other Institute records.

Policy

Each cadet is expected to maintain the highest standards of honesty and integrity in academic and professional matters as set forth in the Cadet Honor Code. The Institute reserves the right to take disciplinary action, up to and including dismissal, against any cadet who is found guilty of academic dishonesty or who otherwise fails to meet the expected standards. In addition, any cadet judged to have engaged in academic dishonesty in course work may receive a reduced or failing grade for the work in question and/or for the course.

Implementation

The President/Superintendent will establish administrative policies and procedures for implementing this policy, which shall be published in the Blue Book and the Faculty Handbook, together with this policy.

 

Go to:
Table of Contents
Table of Contents -
Section 4
Regents' Policy Manual
Homepage

4.9    Subject: INTERCOLLEGIATE/INTERSCHOLASTIC ATHLETICS

Applicability

This policy applies to all intercollegiate athletic programs offered by the School.

Policy

Through its intercollegiate athletics programs, the New Mexico Military Institute provides the opportunity and encouragement for cadet athletes to pursue degrees of their choice and develop their athletic abilities in keeping with high standards of academic scholarship, sportsmanship, leadership, and institutional loyalty.

It is the School's policy that its intercollegiate athletics programs must:

1. Encourage scholarship, sportsmanship, fair play, and a sense of responsibility among all athletes, members of the Institute community, and spectators at athletic events;

2. Enable the Institute to be represented by men and women who are bona fide students making normal progress in degree programs with appropriate academic counseling, advisement and support;

3. Comply with the spirit and intent of the federal regulations mandating equal opportunity for men and women in intercollegiate athletics, including remedying any financial discrepancies between men's and women's athletic programs; and

4. Comply strictly with the rules and regulations of the National Junior College Athletics Conference, New Mexico Activities Association and/or any other governing body to which the Institute might become subject.

Student athletes shall be required to comply with all applicable rules and regulations of their conference and shall receive appropriate training in those rules and regulations.

Implementation

The President/Superintendent shall adopt administrative policies and procedures for implementing this policy. Coaches and other personnel shall be required to manage their programs in compliance with all applicable laws and regulations and shall be subject to discipline for failure to comply. Coaches and other personnel shall receive regular training in relevant laws and regulations.

 

References

Title IX of Civil Rights Act of 1964; U.S. Department of Health, Education and Welfare regulations of 1979; NMAA High School regulations

 

 

Go to:
Table of Contents
Table of Contents -
Section 4
Regents' Policy Manual
Homepage

 

4.10   Subject: NMMI MATERNITY/PATERNITY POLICY

Applicability

This policy applies to all cadets and/or prospective cadets.

Policy

Policy regarding pregnant female cadets, and cadets who are or become fathers or mothers of children.

a.       No applicant who has legal responsibility for a dependent child will be admitted to New Mexico Military Institute.

b.      If a female cadet becomes pregnant while enrolled at New Mexico Military Institute, she may remain in school to complete the semester as long as she is able to carry out all duties and responsibilities of a cadet, as set forth in the Blue Book.  Should the election be made to remain in school, a certificate from a medical doctor, licensed to practice medicine in the State of New Mexico, must be provided, at the cadet’s expense, to the Commandant of Cadets every four weeks, or more often if deemed necessary, certifying that the cadet is physically capable of carrying out all duties and responsibilities without risk of injury to the cadet or her unborn child.  If a satisfactory medical certificate is not provided in a timely manner, the cadet will be suspended

c.       If a child is born to a cadet enrolled at New Mexico Military Institute, the cadet will be suspended.

d.      If a cadet is suspended within the terms of this policy, the cadet may apply for re-admittance to the Institute after the following conditions have been met:

                                                         i.      The cadet establishes to the satisfaction of the Commandant of Cadets and the President/Superintendent that the cadet is not legally responsible for the support of the child and that the child is not otherwise considered the cadet’s dependent within the meaning of New Mexico law.

                                                       ii.      The cadet has fulfilled all conditions for admission to New Mexico Military Institute.

The subject cadet should understand that the Institute reserves the rights not to re-admit the cadet, depending on circumstances not listed above which are deemed unacceptable to New Mexico Military Institute.


 

Table of Contents
Section 5 - The Faculty and Administrative Matters

5.1 - The Faculty Senate
5.3    Academic Freedom and Tenure; Appointments and Promotion
5.5 - Outside Employment of Faculty
5.8 - Intellectual Property
5.9 - Research



 

Go to:
Regents' Policy Manual
Homepage
MainTable of Contents


5.1 Subject: THE FACULTY SENATE

Applicability

This policy applies to faculty of the School.

Policy

The Board of Regents fully appreciates the strategic role the Faculty has in carrying out the School's mission by teaching and mentoring.  The Constitution of the Faculty Senate provides that “we the Faculty of New Mexico Military Institute, in order to provide for the educational needs of our students; to sustain and enhance the academic excellence at this Institution; and to promote free and open participation in all matter of concern to the Institute, do hereby establish this Constitution for the Faculty Senate.”  Further, “The Faculty Senate shall provide guidance on all matters of concern to the Institute within the areas of academic policy, faculty affairs, and student affairs.” 

Implementation

The Faculty Handbook and Constitution adopted by the Faculty and approved by the Board of Regents contains the faculty responsibilities included in this policy. In implementing this policy, the Board may from time to time approve policies and procedures adopted by the faculty. Amendments to the Faculty Senate Constitution and policies and procedural changes to the Handbook adopted by the faculty and approved by the Board shall be printed in the appropriate document when revised with the appropriate date of revision.

Reference

Faculty Handbook, February [2009 ed.]

 

Go to:
Table of Contents
Table of Contents -
Section 5
Regents' Policy Manual
Homepage

 


5.3 Subject: ACADEMIC FREEDOM AND TENURE; APPOINTMENTS AND PROMOTION

Applicability

This section applies to all Faculty of the School.

Policy

The School's Policy on Academic Freedom and Tenure and on Appointments and Promotions is set forth in full in the Faculty Handbook.

 

Go to:
Table of Contents
Table of Contents -
Section 5
Regents' Policy Manual
Homepage

 

5.5 Subject: OUTSIDE EMPLOYMENT OF FACULTY MEMBERS

Applicability

This policy applies to full-time faculty members of the School.

Policy

Full-time members of the Institute faculty are encouraged to engage in outside professional activities such as writing, consulting, lecturing, or activities of similar nature which will enhance their professional growth or reputation, subject to the following restrictions:

-- Since the faculty member's primary responsibility is to the School, all outside employment is considered secondary-- Outside professional activities, not associated with the faculty mission, will not conflict with classes, office hours, or other assigned duties and commitments.

-- Except in cases specifically approved in writing by the President/Superintendent authorizing official Institute involvement, the faculty member in undertaking such employment shall act as an individual and not as an agent of the Institute and shall not use the name of the Institute or official Institute stationery in connection with such work.

-- Great care should be taken to avoid a conflict of interest or appearance of a conflict of interest situation in carrying out any type of consultant or research activity.   

Implementation

The President/Superintendent of NMMI will adopt a Conflict of Interest Policy setting forth reporting requirements for faculty.

 

Go to:
Table of Contents
Table of Contents -
Section 5
Regents' Policy Manual
Homepage

 


5.8 Subject: INTELLECTUAL PROPERTY

Applicability

This policy applies to all faculty and staff who create intellectual property which can be protected by patent, copyright or other means. This policy applies to the ownership, protection and transfer of scholarly/artistic works and technological works created by Institute faculty and staff.

Policy

In the course of conducting School-administered activities such as research, investigation and education, the faculty and staff often create intellectual property which may be protectable by patent, copyright or other means. It is the policy of the Institute to encourage, support and reward scientific research and scholarship, and to recognize the rights and interests of creators, the Institute and the public. It is also the policy of the Institute to encourage the treatment of intellectual property in ways beneficial to the creators (in part by sharing royalties with creators), as well as to the Institute and to the public, by the Institute retaining ownership of intellectual property and pursuing commercialization thereof. These efforts can only be successful if the Institute and the creators assist each other in identifying, evaluating, protecting and exploiting such property. These efforts also contribute to the recognition that the creation of intellectual property is a significant academic achievement.

Accordingly, it is the policy of the Institute to recognize these achievements by providing advice of legal relationships with respect to intellectual property, encouraging the creators' performance of key roles in the utilization of intellectual property and optimizing the benefits of potentially valuable intellectual property to the creators through commercialization efforts and sharing of royalties with the creators, as well as the Institute and the public.

The School's commitment to teaching is primary. This policy does not diminish the right and obligation of faculty and staff to disseminate research results for scholarly purposes. The latter is considered by the Institute to take precedence over the commercialization of scholarly/artistic and technological works.

 

Go to:
Table of Contents
Table of Contents -
Section 5
Regents' Policy Manual
Homepage

 
5.9 Subject: RESEARCH

Applicability

This policy applies to all individuals at the Institute who conduct research at or on behalf of NMMI, whether sponsored or unsponsored.

Policy

It is the policy of the Institute to encourage faculty members to participate in research sponsored by outside agencies when such research is consistent with the basic aims of the Institute in regard to education of students, the extension of knowledge and the broadening of man's horizon in the sciences, arts and humanities.

In preservation of academic freedom, the right of every faculty/staff member to solicit, conduct or participate in privately and governmentally sponsored research of his/her choice is recognized, so long as it is within the limits of existing New Mexico Military Institute policies. Sponsored research at the New Mexico Military Institute is justified only when it contributes toward the professional development of the faculty and also provides opportunities for the development of students. 

Research activities should not interfere or conflict with employees’ obligation to devote their primary professional efforts and allegiance to NMMI.  Research activities are subject to NMMI’s conflict of interest policy.

Integrity, trust, and respect are important elements in a research environment.  To ensure the credibility and objectivity of research activities, ethical standards for research will be followed

If NMMI resources are involved, the Academic Dean must approve related research activities.  If situations exist which require the use of human beings or animals, the Academic Dean must give written approval prior to the research or activity

 

 Implementation

The President/Superintendent shall adopt any administrative policies and procedures necessary to implement this policy.

 

Go to:
Table of Contents
Table of Contents -
Section 5
Regents' Policy Manual
Homepage

Table of Contents
Section 6 - Employment Matters

6.1 - Performance Management
6.2 - Hiring, Promotion and Transfer
6.3 - Privileges and Benefits
6.4 - Employee Code of Conduct and Conflicts of Interest Policy
6.5 - Political Activity by Employees
6.7 - Confidentiality of Employment Applications
6.8 - Disclosure of Information About Employees
6.9 - Employment Contracts
6.10 - Dispute Resolution and Employee Grievances
6.12 - New Mexico Military Institute Staff Council

6.13 – Outside Employment of Staff

NOTE: The School's policy on Equal Educational Opportunity appears in Policy 2.3 in this manual.

(Note: The policies set forth in Section 6 are applicable to faculty as well as staff, except as indicated in those policies.)

 

Go to:
Regents' Policy Manual
Homepage
Main Table of Contents


6.1 Subject: PERFORMANCE MANAGEMENT

Applicability

This policy applies to Institute employees.

Policy

Employees play a valuable and critical role in helping the Institute fulfill its mission.  NMMI will seek to recruit and select the highest quality employees who meet NMMI’s employment standards.  Policies and procedures will be fair, equitable, open, comprehensive, easy to understand, and consistently administered.  In an effort to maximize the contribution of every employee, policies will include performance guidelines and responsibilities that provide clear direction with regard to institutional stewardship and accountability expectations.   

Supervisors have a responsibility to train and support each employee in understanding job requirements and to assist employees in improving performance.  NMMI and all employees will provide a humane workplace that is safe, healthy, respectful, supportive and reflective of a diverse work force..  In turn, providing quality programs and services requires cooperation by employees and adherence to established policies, procedures, regulations, practices, and high standards of job performance.

Implementation

The President/Superintendent shall adopt administrative policies and procedures to implement this policy.

References

General Personnel Procedures, NMMI O & P Policy 3000

 

Go to:
Table of Contents
Table of Contents -
Section 6
Regents' Policy Manual
Homepage

 


6.2 Subject: HIRING, PROMOTION AND TRANSFER

Applicability

This policy applies to all employees of NMMI.

All hiring, promotion, and transfer of staff employees shall be based on training, experience, and past performance, in accordance with the School's equal employment opportunity and affirmative action policy. Subject to the School's policy on underutilization: employees of the Institute shall be given preference for promotion or transfer over outside applicants if their qualifications, ability, and past performance are substantially equal as determined by the School; seniority in NMMI employment shall be given weight when two or more employees possess qualifications which are substantially equal as determined by the School; and New Mexico residents shall be given preference in hiring if their qualifications, ability, and past performance are substantially equal as determined by the School.

Implementation

The President/Superintendent shall adopt administrative policies and procedures to implement this policy which shall be published in the NMMI Operations and Procedure Manual.

References

Equal Opportunity Policy/Affirmative Action Statement

 

Go to:
Table of Contents
Table of Contents -
Section 6
Regents' Policy Manual
Homepage

 

6.3 Subject: PRIVILEGES AND BENEFITS

Applicability

This policy applies to all faculty and staff employees of the School.

In addition to salary compensation, the Institute shall provide various privileges and benefits to its employees. These may include, but are not limited to, various kinds of leave, insurance, holidays, retirement, and educational benefits.

The Regents shall approve the provision of new or expanded benefits if significant budgetary or policy implications are involved.

.

Implementation

The President/Superintendent shall adopt administrative policies and procedures to implement this policy, including determination of employee eligibility, specific benefits, levels of employee contribution, and terms and conditions.

References

NMMI O & P Policy 3000;ERISA Laws as amended; Anti-Discrimination laws

 

Go to:
Table of Contents
Table of Contents -
Section 6
Regents' Policy Manual
Homepage

 

6.4. Subject: EMPLOYEE CODE OF CONDUCT AND CONFLICTS OF INTEREST

Applicability

This policy applies to all employees (faculty and staff) of the School, to public and cadet members of Institute advisory boards and committees, and other volunteers serving in an official capacity. For the purposes of this policy, the term "employee" shall include all of these individuals.

Policy

Employees of the Institute shall maintain the highest standards of business ethics in transactions with the School, with state, federal, and local governments, and with the public. Employees are expected to perform their duties faithfully and efficiently and never give rise to suspicion of improper conflict with interests of the School. Employees shall not accept favors or gratuities from any firm, person, or corporation that is engaged in, or attempting to engage in, business transactions with the School. Subject to specific Institute administrative policies, employees must avoid any conflict of interest that may affect their independent judgment in the impartial performance of their duties and may not use their positions to enhance their direct or indirect financial interest or use confidential information learned as employees for anyone's private gain. All employees shall comply with state conflict of interest laws as well as Institute policies. No employee shall have any direct or indirect financial interest in any contract for building or improving or for furnishing of supplies or services to the Institute unless such contract complies with the provisions of the New Mexico Governmental Conduct Act and the Procurement Code. Institute employees as well as individuals and firms proposing business transactions with the Institute shall disclose in advance and in writing any direct or indirect financial interest employees may have in a transaction with the School. Normally employees with a direct or indirect financial interest in a transaction may not participate in any Institute decisions related to such transaction, except as specified in applicable Institute administrative policies. Transactions in which the Institute President/Superintendent has any financial interest must be approved by the Board of Regents.

Implementation

The President/Superintendent shall adopt administrative policies and procedures for implementing this policy, which shall incorporate the relevant requirements of state conflict of interest laws and a process for annual disclosure.

References

NMSA 1978 Governmental Conduct Act, § 10-16-1 et seq.; Procurement Code §§13-1-190, -193, -195; § 21-1-17 , § 21-1-35; Regent Code of Conduct and Conflicts of Interest, See, Policy on Outside Employment, O & P Policy

 

 Go to:
Table of Contents
Table of Contents -
Section 6
Regents' Policy Manual
Homepage

 


6.5 Subject: POLITICAL ACTIVITY BY EMPLOYEES

Applicability

This policy applies to all employees (faculty and staff) of the School.

Policy

All Institute employees are citizens and, like other citizens, are free to engage in political activities so far as they are able to do so consistent with their obligations to the School, and in accordance with applicable law.

In order to ensure its autonomy and integrity, the Institute shall not be an instrument of partisan political action. The expression of political opinions and viewpoints will be those of the individual and not of the New Mexico Military Institute as an institution.

Under state law, employees of the Institute may not serve as members of the New Mexico Legislature.

Implementation

The President/Superintendent shall adopt administrative policies and procedures to implement this policy.

References

NMSA 1978, §§ 2-1-3 and 2-1-4.

 

Go to:
Table of Contents
Table of Contents -
Section 6
Regents' Policy Manual
Homepage

 


6.7 Subject: CONFIDENTIALITY OF EMPLOYMENT APPLICATIONS

Applicability

This policy applies to any employee (faculty and staff) of the Institute who may become aware of the identity of a candidate, or the details of any interviews or deliberations, as well as to employees (faculty and staff) with a designated role in the screening process. It does not apply to searches for President/Superintendent of the School.

Definitions

The term "candidate" includes both applicants and nominees for positions at the School.

The term "interview" includes any meeting or discussion in which the hiring official or two or more members of the search committee participate, either at the same time or in sequence, and includes telephone discussions.

Policy

All employees involved in the personnel recruitment process at the Institute shall keep confidential the identity of candidates for employment and the details of the deliberations of those responsible for screening candidates, except as provided in this policy.

The identity and resume or curriculum vitae of a candidate shall be made available, upon request, when interviews have been scheduled with that candidate. All candidates invited for interviews shall first be advised of this policy and shall be given the opportunity either to continue or withdraw as a candidate. The names and resumes or curriculum vitae of candidates who withdraw shall be kept confidential.

Under all circumstances, letters of reference, the deliberations of the search committee, and other similar evaluative materials shall be kept confidential with respect to all candidates.

Implementation

The President/Superintendent shall adopt administrative practices and procedures as deemed necessary to implement this policy. All requests for the names of candidates for Institute employment shall be referred to the Public Affairs Department. A representative of the Public Affairs Department shall confer with the hiring official and shall then respond to the inquiry as appropriate.

References

Section 4.  Inspection of Public Records Act, § 14-2-1, NMSA 1978.  For searches for President/Superintendent of the School, see BOR 1.4.

 

Go to:
Table of Contents
Table of Contents -
Section 6
Regents' Policy Manual
Homepage

 


6.8 Subject: DISCLOSURE OF INFORMATION ABOUT EMPLOYEES

Applicability

This policy applies to all Institute staff employees and faculty, but not to cadet employees.

Policy

The Institute considers the name, job title, organization, dates of employment, salary, and curriculum vitae of each employee to be public information and subject to disclosure. All other information about employees is considered private and will not be disclosed without the written consent of the employee except as required by federal or state law.

Implementation

The President/Superintendent shall adopt administrative policies and procedures to implement this policy.

References


Public Access to Institute Records, BOR 2.18.

 

Go to:
Table of Contents
Table of Contents -
Section 6
Regents' Policy Manual
Homepage

 


6.9 Subject: EMPLOYMENT CONTRACTS

Applicability

This policy applies to all full-time employees of the School.

Policy

All full-time NMMI employees are contracted on a year-to-year basis.  The Institute shall reserve the discretion to renew or not renew annual employment contracts when they expire.  Non-renewed employees must be notified at least 60 days prior to the end of NMMI’s fiscal year of NMMI’s intent to non-renew.  Non-renewal of faculty members is subject to Regent approval and as set forth in the Faculty Handbook.

Implementation

The President/Superintendent shall adopt an administrative policy governing the terms and conditions of employment recognizing the discretion of the Institute to renew or not renew employment contracts upon the contracts' expiration.   

NMMI O & P Policy 3035, NMMI O & P Policy 3080
Appointment of Key Administrators, BOR 3.3.

 

Go to:
Table of Contents
Table of Contents -
Section 6
Regents' Policy Manual
Homepage


6.10 Subject: DISPUTE RESOLUTION AND EMPLOYEE GRIEVANCES

Applicability

This policy applies to all employees.

Definition

A "grievance" is a complaint by an employee that the employee has been adversely affected by a violation of NMMI policies and practices regarding: (1) the terms and conditions of employment; (2) sexual harassment; (3) discrimination.

Policy

All employees shall have access to grievance and dispute resolution procedures.

Implementation

The President/Superintendent shall adopt administrative policies and procedures to implement this policy. Such procedures shall provide adequate mechanisms for resolving workplace disputes. Early resolution of disputes through mediation and other techniques shall be emphasized. Supervisors shall coordinate with the NMMI Personnel Office for assistance in resolving resolutions.

References

Dispute Resolution Policy, NMMI O & P Policy 3100

 

Go to:
Table of Contents
Table of Contents -
Section 6
Regents' Policy Manual
Homepage


6.12 Subject: NEW MEXICO MILITARY INSTITUTE EMPLOYEE ADVISORY COMMITTEE

Applicability

This policy applies to all NMMI staff employees.

Policy

The Board of Regents has approved the creation of the New Mexico Military Institute Employee Advisory Committee (EAC). The purpose of the EAC is to represent all staff as defined above, and to serve as an important source of input into the issues and decisions of the Institute as they relate to the general welfare of the staff of the School. The EAC shall represent NMMI staff to the Institute administration.  The EAC shall work to improve the morale and workplace for NMMI employees, determine appropriate voluntary public service projects for NMMI employees, and seek ways to enhance the cadets’ NMMI experience. 

The EAC will provide its input/recommendations through published minutes that are provided to the Superintendent/President and Vice Presidents.

Copies of the Employee Advisory Committee Bylaws are maintained by the Department of Human Resources and the Employee Advisory Committee President.

References

NMMI Employee Advisory Committee Bylaws, Staff

 

Go to:
Table of Contents
Table of Contents -
Section 6
Regents' Policy Manual
Homepage

 

6.13 Subject: OUTSIDE EMPLOYMENT OF STAFF

Applicability

This policy applies to full-time staff employees of the School while under contract to NMMI.

Policy

Full-time employees may choose to have outside employment.-- Since the employee’s primary responsibility is to the School, all outside employment is considered secondary-- outside professional activities will not conflict with assigned duties and commitments.

-- Except in cases specifically approved in writing by the President/Superintendent authorizing official Institute involvement, the employee in undertaking such employment shall act as an individual and not as an agent of the Institute and shall not use the name of the Institute or official Institute stationery in connection with such work.

-- Great care should be taken to avoid a conflict of interest or appearance of a conflict of interest situation in carrying out any type of consulting.  

Implementation

The President/Superintendent of NMMI will adopt a Conflict of Interest Policy setting forth reporting requirements for employees.

 

Go to:
Table of Contents
Table of Contents -
Section 6
Regents' Policy Manual
Homepage


Table of Contents
Section 7 - Business and Financial Matters

7.1 - Accounting And Reporting of Funds to the Governor
7.2 - Internal Auditing
7.3 - Audit Committee
7.4 - Purchasing
7.6 - Institute Auxiliary Enterprise Operations
7.7 - Travel Reimbursement and Per Diem
7.8 - Signature Authority for Contracts
7.9 - Property Management
7.10 - Borrowing and Bonding Authority
7.11 - Selection of Architects for NMMI Projects
7.12 - Approval of Construction Projects
7.12.1 - Selection of Contractors for NMMI Construction Projects
7.13 - Receipt and Investment of Gifts to the School
7.14 - Risk Management and Insurance
7.15 - Official Social Functions
7.16 - Financial Exigency
7.17 - School-Affiliated Organizations
7.18 - Joint Powers Agreements/Memorandums of Understanding
7.20 - Budgets and Fund Balances
7.21 - Investment of Operational Funds and Bond Proceeds

 

Go to:
Regents' Policy Manual
Homepage
Main Table of Contents


7.1 Subject: ACCOUNTING AND REPORTING OF FUNDS TO THE GOVERNOR

Applicability

This policy applies to all funds received by the School, including federal funds.

Policy

The Institute shall keep an accurate account of all funds received. The Institute shall make reports on these funds as the Governor requires, including a full and complete report at least thirty days prior to the regular session of the State Legislature.

Implementation

Implementation of this policy shall be by means of submission of the annual operating budget, the annual legislative budget request and the annual audited financial statement to the Department of Finance and Administration.

References

Accounting and reporting of funds to the Governor is required by N.M. Const., art. V, § 9. See also, State ex rel. Sego v. Kirkpatrick, 86 N.M. 359, 524 P.2d 975 (1974) (requiring reporting of federal funds).

 

Go to:
Table of Contents
Table of Contents -
Section 7
Regents' Policy Manual
Homepage

 


7.2 Subject: INTERNAL AUDITING

Applicability

This policy applies to the controls, risk management and organizational governance of the School.

Policy

The Board of Regents shall establish an Internal Audit Department to perform a comprehensive internal audit function for the New Mexico Military Institute (School). The internal audit function is an assurance and consulting activity designed to add value and improve the New Mexico Military Institute's operations. Internal Audit will conduct independent, objective assurance services (audits) and consultations to determine whether the School's systems of controls, risk management, and organizational governance, as designed and represented by management, are adequate and functioning properly. To ensure independence of the internal audit function, the Internal Audit Department shall report functionally to the Board of Regents and administratively to the President/Superintendent of the School. The Internal Audit shall be free from interference in determining the scope of internal auditing, performing work, and/or communicating results, and shall answer solely to the Board of Regents with respect to such matters.

Authority

The Internal Audit Department is authorized to:

1. Have unrestricted access to all functions, records, property, and personnel.
2. Obtain the necessary assistance of personnel in organizations where they perform audits.
3. Communicate with Institute management, faculty, staff, external auditors, governmental entities, and law enforcement agencies as needed.
4. Cooperate with any legitimate inquiry or investigation from an outside audit, law enforcement or investigative agency, if advised to do so by Institute Counsel.

The Internal Audit Department is not authorized to:

1. Perform operational duties for the Institute or its affiliates.
2. Initiate or approve accounting transactions external to Internal Audit.
3. Direct the activities of any Institute employee not employed by Internal Audit.
4. Render legal opinions.
5. Have direct responsibility for or authority over any of the activities that it examines.

Responsibility and Accountability

The Director of Internal Audit shall:

1. Submit an annual audit plan to the Board of Regents Audit Committee (Audit Committee) for review and approval.
2. Provide reports to the Audit Committee on the status and results of the audit plan, significant audit findings and recommendations, and sufficiency of department resources.
3. Provide timely information to the President/Superintendent of the Institute and the Audit Committee concerning suspected fraudulent activities.
4. Maintain sufficient knowledge, skills, experience, and professional certifications to meet the requirements of the Policy.

Scope of Work

The scope of work of Internal Audit is to determine whether the School's systems of control, risk management, and organizational governance, as designed and represented by management, are adequate and functioning properly to ensure:

1. Risks are identified and managed.
2. Significant financial, managerial, and operating information is accurate, reliable, and timely.
3. Employees' actions are in compliance with policies, standards, procedures, and applicable laws and regulations.
4. Resources are acquired economically, used efficiently, and adequately protected.
5. Programs, plans, and objectives are achieved.
6. Quality and continuous improvements are fostered in the School's control process.
7. Significant legislative or regulatory issues impacting the organization are recognized and addressed appropriately.
8. Procedures used by the governing body provide oversight of risk and control processes administered by management.

Reports

Internal Audit will prepare written reports of the result of audit work performed. Management is required to respond to the report within ten days of receiving it. The response will include three elements: a statement as to whether management agrees with the audit finding, corrective action to be taken to meet the objectives of the audit finding, and the dates by which the actions will be implemented. If no action will be taken, the response will indicate the reasons. The Internal Auditor will forward its initial report and the management's response to the President/Superintendent who shall review them and either accept the response or request further development of the response. After the President/Superintendent has finalized the response, the Internal Auditor will forward the report and response to the Finance Committee.  The full text of reports may be released to external auditors, governmental entities, funding entities, and law enforcement agencies as needed. Internal Audit will perform follow-up reviews to ensure corrective actions indicated in the responses have been completed.

 

Investigation of Fraudulent Activity

The Internal Audit Department will coordinate investigation of suspected fraudulent activities within the School. If the investigation reveals possible fraudulent activity has occurred, Internal Audit will ask Legal Counsel to render an opinion as to whether the audit findings indicate that illegal activity may have occurred. If, in Legal Counsel's opinion, illegal activities may have occurred, Internal Audit will notify the President/Superintendent of the School, the supervising Vice President, the Vice President for Finance, and the appropriate law enforcement agency. Internal Audit will notify the Audit Committee within forty-eight hours. Internal Audit will notify the State Auditor's Office of illegal activity in accordance with NMAC 2.2.2.10L

In the conduct of its audits, Internal Audit shall abide by applicable pronouncements made by professional bodies including the Institute of Internal Auditors (IIA) and the American Institute of Certified Public Accountants (AICPA). The generally accepted auditing standards published by these groups shall serve as guides in the performance of internal audits. In addition to maintaining the highest standards of practice in the performance of its duties, Internal Audit shall adhere strictly to the Code of Ethics as established by the IIA and adopted by the Association of College and Institute Auditors. Due regard should also be given to pronouncements concerning ethical behavior by the AICPA.

References

Audit Act, §12-6-3, NMSA 1978; NMAC 2.2.2.10 L; BOR 7.3 "Audit Committee"; "Reporting Misconduct and Retaliation", NMMI O & P Policy 3300 and 3310

 

Go to:
Table of Contents
Table of Contents -
Section 7
Regents' Policy Manual
Homepage

 


7.3 Subject: AUDIT COMMITTEE

Applicability

This policy applies to the controls, risk management and organizational governance of the School.

Policy

The Vice President for Finance will assist and advise the Board of Regents (Board) in fulfilling its oversight responsibilities for the School's financial reporting, internal controls, risk management, performance of external and internal auditors and compliance with laws and regulations. The Audit Committee will review all contracts for audit and non-audit services provided by independent public accountants and recommend action to the Board. These contracts must be approved by the State Auditor. Both the internal auditors and external auditors shall have direct access to the Audit Committee and the Board.

Financial Statements

The Institute shall maintain proper financial accounts and records and prepare annual financial statements in accordance with generally accepted accounting principles. The Institute President/Superintendent and the Vice President for Finance must attest that the annual financial statements accurately reflect the financial position of the School.

External Auditors

The School's financial accounts and records shall be audited annually by independent public accountants approved by the Higher Education Department (HED) and the State Auditor. The Audit Committee will recommend to the Board the independent public accountants to conduct the annual audit. The independent public accountants who perform the annual audit are prohibited from providing consulting services to the School. The audit shall be conducted in accordance with generally accepted auditing standards.

The Vice President for Finance along with the Audit Committee, will review the audit scope and approach and oversee the audit. To the extent deemed necessary and desirable, the Audit Committee will maintain direct and separate avenues of communications with the external auditors. As soon as feasible after the end of the fiscal year, the Board of Regents will review the annual audit report, including the management letter and response, with the external auditors and will take action to approve the report. The report must also be approved by the State Auditor.

Internal Audit Department

The Internal Audit Department shall report functionally to the Board and administratively to the President/Superintendent of the School. Internal Audit shall be free from interference in determining the scope of internal auditing, performance of work or communication of results. The Audit Committee will review and approve the annual audit plan and budget submitted by the Director of Internal Audit. Discussions regarding hiring, performance evaluation, compensation and termination of the Director of Internal Audit require endorsement of the Audit Committee. The Committee will receive quarterly reports from the Director of Internal Audit on the status and results of the audit plan and significant audit findings. The Audit Committee will meet with the Director of Internal Audit to review the School's system of internal controls and the adequacy of accounting, financial, and operational policies and practices on financial and compliance reporting.

References

Audit Act, § 12-6-3, NMSA 1978; NMAC 2.2.2.8., 2.2.2.10; BOR 7.2 "Internal Auditing"

 

Go to:
Table of Contents
Table of Contents -
Section 7
Regents' Policy Manual
Homepage

 


7.4 Subject: PURCHASING

Applicability

This policy applies to the purchase of supplies, materials, equipment, and contractual services. It also applies to the reimbursement of employees for expenses incurred in the performance of Institute business.

Policy

The New Mexico Military Institute is committed to operating in the most economical and efficient manner possible.  The Regents have approved NMMI’s Central Purchasing Office.   All funds received by the School, regardless of their source, are considered to be Institute funds and all purchases shall be made in accordance with Institute policies and procedures.

The Regent Finance Committee will review expenditures for goods and service between $150,000 and $500,000 and recommend approval of expenditures over $500,000 to the full Board.  Expenditures made pursuant to a previously approved contract are not subject to separate expenditure approval.

Except as otherwise provided in this manual with regard to real estate matters (BOR 7.9), the Regents shall authorize the execution of contracts for the purchase of goods or services in excess of $500,000 per year.

Implementation

The President/Superintendent shall establish specific procurement policies that assure the procurement of goods and services of acceptable quality at the lowest possible cost. The President/Superintendent shall also establish policies and procedures for the reimbursement of employees for appropriate expense incurred in the performance of Institute business, such as travel, recruitment and hiring of new employees, and business expenses. All such policies and procedures shall ensure compliance with all applicable state and federal laws regarding the procurement and management of goods and services. The President/Superintendent may also establish policies to assure minimum performance standards and compatibility with other Institute investments in facilities and equipment.

Delegation of Authority

NMMI's Vice President for Finance shall be its Central Purchasing Officer. The Central Purchasing Officer shall have the sole authority to establish the institutional procedures for obligating the Institute for the procurement of supplies, materials, equipment and contractual services.

References

The New Mexico Military Institute is exempt from the requirement that all purchasing for state agencies be performed by the State Purchasing Agent. NMSA 1978, § 13-1-98.

 

Go to:
Table of Contents
Table of Contents -
Section 7
Regents' Policy Manual
Homepage

 


7.6 Subject: INSTITUTE AUXILIARY ENTERPRISE OPERATIONS

Applicability

This policy applies to all activities conducted by the New Mexico Military Institute and its affiliated units where fees are charged for providing goods or services to the general public.

Policy

All Institute business enterprise activities shall be related to the School's mission of providing instruction, research, scholarship, cultural innovation, public service and campus support. Some activities within this mission may be organized as separate and distinct business cost centers, with fees charged for providing goods and services that enhance, promote or support the School's mission and meet the needs of cadets, faculty, and staff. Some of these business activities may also be available to the general public. The Institute shall comply with all applicable laws and regulations concerning its business activities.

Implementation

The President/Superintendent shall establish administrative policies and procedures to ensure that all business activities are related to the School's mission. Exceptions to the policy may be authorized by the President/Superintendent when clearly in the best interest of the Institute and the public.

Delegation of Authority

The Vice President for Finance shall be responsible for oversight and review of Institute business activities, including periodic review of all Institute auxiliary enterprise operations and review of "unfair competition" complaints.

References

 

Go to:
Table of Contents
Table of Contents -
Section 7
Regents' Policy Manual
Homepage

 


7.7 Subject: TRAVEL REIMBURSEMENT AND PER DIEM

Applicability

This policy applies to all members of the Board of Regents, faculty and staff traveling on official Institute business.

Policy

Travel on official Institute business by members of the Board of Regents, faculty and staff is integral to the School's mission. The Institute shall reimburse the reasonable and allowable costs of this travel.

Implementation

The President/Superintendent shall adopt administrative policies and procedures to implement this policy.

References

Travel Reimbursement Policies and Procedure, NMMI O & P Policy 4100

 

Go to:
Table of Contents
Table of Contents -
Section 7
Regents' Policy Manual
Homepage

 


7.8 Subject: SIGNATURE AUTHORITY FOR CONTRACTS

Applicability

This policy applies to all members of the Board of Regents, faculty, staff and cadets.

Policy

The Board must approve and an officer of the Board must sign the following types of contracts and documents:

1. Contracts between the President/Superintendent and the Institute
2. Bond resolution, notification and certification documents, including certification of bond sale
3. Any contracts or other documents required by law to be signed by an officer of the Board of Regents.

The President/Superintendent, Executive Vice President, Vice President for Finance, and Comptroller shall have the authority to sign all other contracts and documents for the operation of the Institute. This signature authority includes the authority to execute certificates representing stocks, bonds, or other securities in order to buy, sell, assign, or endorse for transfer such securities.

The signature authority delegated in this policy must be exercised in accordance with other Regents' policies, some of which may require approval of the contract or other document by the Board.

References

Appointment of the President/Superintendent of the School, BOR 1.4; Borrowing and Bonding Authority, BOR 7.10;

 

Go to:
Table of Contents
Table of Contents -
Section 7
Regents' Policy Manual
Homepage

 


7.9 Subject: PROPERTY MANAGEMENT

Applicability

This policy applies to all property owned, used, loaned or leased to the School.

Policy

The Institute may acquire, maintain, protect, use and dispose of property required to perform its mission. Institute property shall be managed according to Institute policies and applicable state and federal law.

Institute property includes all equipment purchased by Institute departments, regardless of the source of funds used to purchase the equipment; U.S. Government-owned equipment used by Institute departments; components and materials used to make equipment, whether furnished to, acquired by, or fabricated by the School; property donated to the School; and property loaned or leased to the Institute by outside organizations.

The following types of property management transactions must be approved by the Board of Regents:

  1. Purchase, sale or transfer of real property.
  2. Disposition of surplus property.
  3. Acceptance of certain gifts to the Institute (see Policy 7.13).

Prior to commitment of NMMI funds, leases of real property with total cost between $150,000 and $500,000 will be reviewed by the Regent Finance Committee.  The Regent Finance Committee will recommend approval of leases with a total cost of over $500,000 to the full Board.  Expenditures made pursuant to a previously approved contract are not subject to separate expenditure approval

Implementation

The President/Superintendent shall adopt administrative policies and procedures to implement this policy.

References

By statute, purchase of real property must also be approved by the Higher Education Department and the State Board of Finance.

Disposition of Surplus Property Act, § 13-6-1, NMSA 1978; Policy on Property Management & Control,

Development, Receipt and Investment of Gifts to the School, BOR 7.13.

 

Go to:
Table of Contents
Table of Contents -
Section 7
Regents' Policy Manual
Homepage


7.10 Subject: BORROWING AND BONDING AUTHORITY

Applicability

This policy applies to the financial affairs of the School.

Policy

The Institute is authorized to borrow money through the issuance and sale of Institute bonds for erecting, purchasing, or otherwise acquiring, altering, improving, furnishing and equipping any necessary buildings or structures at the School; or acquiring any necessary land for use by the School; or for retiring the whole or any part of any series of bonds previously issued by the School. The Institute also is authorized to borrow money through the issuance and sale of bonds for purchasing, erecting, altering, improving, repairing, furnishing and/or equipping any income-producing facility and for acquiring any necessary and convenient lands for these purposes. The Board of Regents may impose and collect fees for the use of such facilities as it deems necessary to retire these bonds on schedule. The Institute may borrow funds by issuing other debt obligations under terms approved by the Board of Regents.

Bonds or other obligations issued by the Institute may be sold at public or private sale, at the discretion of the Board of Regents. The proceeds from the sale of these bonds shall be paid to the School, which shall place the proceeds in a separate fund known as the Building and Improvement Fund. This fund shall be used only for the purposes stated in applicable law and the purposes for which the bonds were issued.

Bonds or other obligations shall be authorized and issued only when the Board of Regents determines that it is prudent to do so and that appropriate provisions can be made for orderly repayment. At the time of issuing bonds the Board of Regents shall establish a fund known as the Interest and Retirement Fund for the payment and interest of the bonds. The issuance and sale of these bonds constitute an irrevocable pledge by the Board of Regents of sufficient funds from each year's income from the School's funds to pay the interest and principal on the bonds.

Implementation

The President/Superintendent may adopt administrative policies and procedures to implement this policy.

References

NMSA 1978, §§ 6-13-1 to -26 (Institution Bonds); §§ 6-14-1 to -12 (Public Securities); §§ 6-17-1 to -19 (Finances of State Educational Institutions); §§ 21-7-3 to -25 (Building and Improvement Bonds); Signature Authority for Contracts, BOR 7.8

 

Go to:
Table of Contents
Table of Contents -
Section 7
Regents' Policy Manual
Homepage


7.11 Subject: SELECTION OF ARCHITECTS FOR NMMI PROJECTS

Applicability

This policy applies to the selection of architects for all New Mexico Military Institute projects.

Policy

It is the policy of the Institute to select architects from all areas of the state without regard to race, color, religion, national origin, sex, age, physical or mental handicap, sexual preference, ancestry, or medical condition. The Institute wishes to employ the best qualified architectural firm for each project. Only registered architects resident in New Mexico will be designated as the project architect or architect of record, as required by law.

Implementation

The Superintendent/President shall adopt administrative policies and procedures to implement this policy.

References

Architectural Act, § 61-15-1, et seq., NMSA 1978.

 

Go to:
Table of Contents
Table of Contents -
Section 7
Regents' Policy Manual
Homepage

 

7.12 Subject: APPROVAL OF CONSTRUCTION PROJECTS
Applicability

This policy applies to Institute construction projects.

Policy

Any plan for the addition of square footage, for construction of a new building or for any alteration, site improvement or major project exceeding $ 50,000 shall be submitted to the Board of Regents for approval of the project concept before any formal project planning begins.

In accordance with laws and regulations of the Higher Education Department and the Board of Finance as may be amended from time to time, the following construction projects shall be presented to the Board of Regents for approval prior to issuance of a request for bids:

  1. Any addition of square footage or construction of new building;
  2. Any alterations, site improvement or other major project exceeding $50,000
  3. Any revised, previously approved project, if the total project cost increases by 10% or if the size increases by more than 10% or 1,000 NSF whichever is greater or if the type or purpose of the space changes by 10% or more.

This policy does not apply to purchase of equipment.

Implementation

The President/Superintendent may adopt administrative policies and procedures to implement this policy and provide for review and approval of all construction projects.

References

New Mexico Procurement Code, § 13-1-28, et seq., NMSA 1978; § 13-1-21, et seq. (resident preference); § 13-4-1 (public works contracts); § 21-1-21 (capital expenditures).

Expenditures for the construction of or additions to buildings or major projects including major remodeling must be approved by the Higher Education Department (HED) and the State Board of Finance, per statute and regulations of the HED and Board of Finance § 21-1-21 NMSA 1978.

 

Go to:
Table of Contents
Table of Contents -
Section 7
Regents' Policy Manual
Homepage
7.12.1 Subject: SELECTION OF CONTRACTORS FOR NMMI CONSTRUCTION PROJECTS


Applicability

This policy applies to the selection of contractors for all NMMI projects involving construction of a new building or major building renovation.

Policy

The State Procurement Code provides various options for procuring the services of a contractor for construction and construction management services, including competitive sealed bids, prequalification of contractors, competitive sealed proposals and design and build project delivery. For each construction project undertaken, the Institute will select the option most optimal and likely to result in a quality project on time and within budget.

The competitive sealed proposal process (including design and build delivery or seeking construction management services) allows the Institute to consider non-price factors in the final selection of a contractor, including contractor experience, past performance and management resources. It also permits consideration of architect/contractor/subcontractor teams. The School's procedures for selecting contractors or design and construction teams through competitive sealed proposals will include a statement that all contractors and other professionals who respond to the request for proposals will be evaluated fairly based upon the factors set forth in the solicitation.

Institute procurement documents for construction shall also include the following provisions:

  • a statement that all contractors' bonding companies shall be on the U.S. Department of Treasury List of Approved Sureties (Circular 570);
  • a statement that the Institute retains the right to inspect the contractors' last three years of financial statements.

The Institute is committed to treating fairly all contractors and other professionals who participate in the School's procurement process. The School's policy is to select contractors and other professionals without regard to race, color, religion, national origin, gender, age, physical or mental handicap, sexual preference, ancestry or medical condition.

In addition to a commitment to the fair and equitable treatment of contractors in the selection process, once a contractor is selected and construction begins, the Institute is committed to efficient and effective management practices to resolve issues that arise during construction.

Implementation

The Vice President for Finance shall adopt policies and procedures for the selection of contractors for construction projects. The Vice President for Finance will involve representatives of the Facilities Department in drafting regulations for selecting contractors through competitive sealed proposals and through other innovative techniques such as the teaming of architects, contractors and subcontractors.

The Vice President for Finance, in coordination with the Vice President for Facilities, shall implement effective management practices and structures to resolve issues that arise during construction.

References

New Mexico Procurement Code, sec. 13-1-28 et seq., NMSA 1978

 

Go to:
Table of Contents
Table of Contents -
Section 7
Regents' Policy Manual
Homepage

 

7.13 Subject: RECEIPT AND INVESTMENT OF GIFTS TO THE SCHOOL

Applicability

This policy applies to the receipt and investment of funds and other gifts from private sources to the Institute.  It does not apply to grants or contracts from governmental agencies or other entities.

Policy

Private support is important to the teaching, research and service activities of the School. Through private support, the Institute can enhance current programs and develop resources to support programs for future generations. The Institute shall employ coordinated efforts to obtain and increase private support, working cooperatively with the NMMI Foundation and the NMMI Alumni Association in accordance with the Alliance Agreement, so long as that agreement is in effect.

The Board of Regents recognizes the New Mexico Military Institute Foundation, a non-profit corporation existing solely to promote the School, as a major supporting organization through which private citizens can assist the Institute with fund-raising efforts. Pursuant to state law (§ 6-5A-1, NMSA 1978), the Board of Regents has approved an agreement to govern the relationship between the Institute and the NMMI Foundation. The Institute encourages all donors of significant gifts for use in various programs or projects of the Institute to make them to the NMMI Foundation for the benefit of the School.

The Board of Regents' approval shall be required prior to acceptance of: (1) any gift to NMMI of real property; (2) any gift to NMMI of tangible personal property that would require any expenditure by the School; or (3) any gift to NMMI of tangible personal property valued in excess of $5,000.

Implementation

The President/Superintendent may adopt administrative policies and procedures regarding the acceptance of gifts and other development matters.

References

§6-5A-1, NMSA 1978 (Requirements for Receiving Funds from [Affiliated] Organizations); § 21-1-38 (Policies for Investing Endowment Funds); Regents' Investment Management Policy. BOR 7.9 (Property Management); BOR 7.19 (Regents' Endowment Fund); Memorandum of Agreement between the Regents of NMMI and the NMMI Foundation, Inc., on file in the NMMI Foundation Office and Institute Legal Office.

 

Go to:
Table of Contents
Table of Contents -
Section 7
Regents' Policy Manual
Homepage

 


7.14 Subject: RISK MANAGEMENT AND INSURANCE

Applicability

This policy applies to all members of the Institute community and to all property owned or controlled by the School.

Policy

It is the policy of the Institute to take reasonable steps to avoid accidents that could result in injury or death to cadets, faculty, staff, and visitors, and to protect the physical resources of the Institute against loss or damage. The School, therefore, will have an active safety and loss prevention program. The program will also provide for the proper handling and disposition of hazardous materials, pursuant to applicable laws.

The Institute will provide medical and accident insurance for cadets as part of the tuition charge.  Liability insurance covering the Institute and its "public employees," as defined in the New Mexico Tort Claims Act, property and casualty insurance, and workers' compensation insurance are provided by the Risk Management Division, General Services Department, of the State of New Mexico.

The Board shall approve the establishment or elimination of any alternative insurance or self-insurance program.

Implementation

In cooperation with the Risk Management Division, the Institute will carry fire and extended coverage insurance on its buildings, heating and cooling systems, and major equipment; and workers' compensation, unemployment compensation, medical malpractice, and comprehensive general liability insurance to protect itself and its employees, consistent with the New Mexico Tort Claims Act.

The Institute will offer to all its active and retired permanent faculty and staff employees several different plans of group health insurance coverage which the Institute co-pays in accordance with state law. Institute employees may also purchase other benefits available through the state insurance plan. 

References

Tort Claims Act, § 41-4-1 et seq., NMSA 1978; Workers' Compensation Act, §52-1-1, et seq.; Group Benefits Act, §10-7B-1, et seq.

 

Go to:
Table of Contents
Table of Contents -
Section 7
Regents' Policy Manual
Homepage 


7.15 Subject: OFFICIAL SOCIAL FUNCTIONS

Applicability

This policy applies to expenditure of Institute funds for official social functions which promote the School's mission.

Policy

The New Mexico Military Institute serves as an educational, social and cultural center for the community, region,  state and nation. The School, its officers, faculty and staff are often called upon to sponsor, support or participate in various official social functions. Because these functions further the mission of the Institute and because participation is expected and historically has been practiced, the expenditure of Institute funds for such purposes is necessary, appropriate and in the best interest of those serving and being served by the School.

Recognition of the Institute as a public trust is a necessary guide for socially-related expenditures. The School's use of funds is subject to public scrutiny. The guiding principle should be that expenditures are for the benefit of the Institute and are conservative and consistent with public expectations.  Expenditures for alcohol will not be allowed under this policy.

Delegation of Authority

The President/Superintendent shall establish administrative policies and procedures to implement this policy.

References

Policy on Allowable and Unallowable Expenditures, NMMI O & P Policy ????

 

Go to:
Table of Contents
Table of Contents -
Section 7
Regents' Policy Manual
Homepage 


7.16 Subject: FINANCIAL EXIGENCY

Applicability

This policy applies to School-wide fiscal operations. It does not apply to decisions concerning individual programs.

Policy

In the event the Institute is threatened by a serious financial crisis which jeopardizes its mission and effective operation, the Board of Regents may declare a School-wide financial exigency to be followed by reductions in Institute expenditures, including reductions in force, if necessary. In making a determination of financial exigency and in approving reductions in expenditures, the Board will be guided by recommendations from the President/Superintendent, who shall convene a special committee to advise the President/Superintendent on the nature and extent of the exigency and recommended courses of action.

Implementation

The President/Superintendent may adopt administrative policies and procedures to implement this policy.

References

See, Policy on Academic Freedom and Tenure, Section 7, published in the Faculty Handbook, regarding the rights of tenured faculty members under financial exigency.

 

Go to:
Table of Contents
Table of Contents -
Section 7
Regents' Policy Manual
Homepage 


7.17 Subject: SCHOOL-AFFILIATED ORGANIZATIONS

Applicability

This policy applies to nonprofit corporations or associations which are affiliated with the Institute and exist solely for the benefit and support of the School, even if not created by the School. An organization does not necessarily have to be declared an exempt organization under Section 501(c)(3) of the Internal Revenue Code in order to be considered a School-affiliated organization.

Policy

The Institute recognizes the value and importance of affiliated organizations for the support and benefit of the Institute and its programs. Pursuant to Section 6-5A-1, NMSA 1978, the Institute shall enter into a written agreement with each affiliated organization approved by the Board of Regents specifying the organization's purposes and relationship with the School

Implementation

The Articles of Incorporation and Bylaws of affiliated organizations are maintained in the offices listed below, as well as in the Institute Counsel's Office.

AFFILIATED ORGANIZATIONS

INSTITUTE OFFICE

NMMI Foundation

NMMI Foundation, Enrollment & Development Ctr

NMMI Alumni Association

NMMI Alumni Association, Enrollment  & Dev Ctr

NMMI Parents Club

NMMI Legal Office

NMMI Booster Club

NMMI Legal Office

References

§ 6-5A-1, NMSA 1978.

 

Go to:
Table of Contents
Table of Contents -
Section 7
Regents' Policy Manual
Homepage

 


7.18 Subject: JOINT POWERS AGREEMENTS/MEMORANDUMS OF             UNDERSTANDING

Applicability

This policy applies to all joint powers agreements and/or memorandums of understanding entered into by the School.

Policy

The Regents shall authorize any joint powers agreement entered into by the School.  By means of a resolution specifying the general subject and the government agency involved, the Regents may authorize the President/Superintendent or his/her designee to enter into a joint powers agreement to exercise jointly any power common to the Institute and the government agency. In the alternative, and at the discretion of the Board, the Regents may approve the actual joint powers agreement.

The Regents shall authorize any memorandums of understanding entered into by NMMI.  By means of a resolution specifying the general subject and the other party to the agreement, the Regents may authorize the President/Superintendent or his/her designee to enter into a memorandum of understanding.  In the alternative, and at the discretion of the Board, the Regents may approve the actual memorandum of understanding(s).

Joint powers agreements should be used only where required by statute for the joint exercise of a power common to two or more public agencies.

Implementation

The President/Superintendent may adopt administrative policies and procedures to implement this policy.

References

Section 11-1-3 NMSA 1978 Comp., NMMI/State Investment Council Joint Power Agreement

 

Go to:
Table of Contents
Table of Contents -
Section 7
Regents' Policy Manual
Homepage

 


7.19 Subject: THE PATTERSON FUND

Applicability

This policy applies to all allocations and expenditures from the Patterson Fund.

Policy

The Patterson Fund was created from a bequest as a quasi-endowment of the School. It shall be managed and used as follows:

  1. The Patterson Fund shall be invested as part of the School's endowment funds and portfolio and shall be managed in accordance with the Regents' Investment Management Policy.
  2. All reductions of the Patterson Fund principal balance must be approved by the Board of Regents and shall generally be limited to infrastructure improvement or construction.
  3. Investment income distributed annually shall be limited to expenditures for improvements to and upgrade of the facilities, infrastructure and construction projects.
  4. The Institute administration shall provide information to the Regents in June of each year regarding the Patterson Fund's principal balance and the proposed distribution of income for the next fiscal year.
  5. As a general guideline, the Regents require that the principal balance of the Patterson remain at least $2,000,000.

Implementation

The President/Superintendent may adopt administrative policies and procedures to implement this policy.

References

 

Go to:
Table of Contents
Table of Contents -
Section 7
Regents' Policy Manual
Homepage

 


7.20 Subject: BUDGETS AND FUND BALANCES

Applicability

This policy applies to budget management and use of fund balances for Current Unrestricted funds at the New Mexico Military Institute with special emphasis on Instruction & General funds.

Policy

The Board of Regents has a fiduciary responsibility to ensure effective, efficient management of funding provided to the Institute to fulfill its mission. Budgeting involves all segments of the Institute and is a continuous process designed to ensure the best use of available funding. Budget management requires short-term and long-range planning, and involves setting up program priorities, requesting funding, allocating available funds to various programs and projects, preparing and maintaining the budget, and reporting on the use of funds and intended use of any unexpended funds.

Reporting and Review of Fund Balances

Annually, upon receipt of the annual external audit, the Regent Finance Committee will review NMMI Fund Balances for adequacy.  These adequacy of fund balances will be considered before approving the NMMI Operating Budget or Request Budget and  Budget Adjustment Requests (BARs).

Allocation of Fund Balances

It is critical to the fiscal integrity of the Institute that adequate central reserves be available to address unexpected and/or critical needs of the School; therefore, the Regents require that fund balances do not drop below $2,000,000 without the specific approval of the Board of Regents.

Implementation

The President/Superintendent shall adopt administrative policies and procedures for implementing this policy.

References

BOR 1.1, "Responsibilities of the Board of Regents."

Go to:
Table of Contents
Table of Contents -
Section 7
Regents' Policy Manual
Homepage
7.21 Subject: INVESTMENT OF OPERATIONAL FUNDS AND BOND PROCEEDS


Applicability

This policy governs the investment of operational funds and bond proceeds of the New Mexico Military Institute. It does not apply to endowments held by the Institute, which are invested in accordance with the Regent’s Investment Policy.

Policy

The Institute shall manage its cash flow in a manner which will maximize funds available for investments. The primary objective for investments of operational funds and bond proceeds of the Institute is capital preservation. In addition, available funds shall be invested with the following objectives:

1. Conformance with applicable laws and regulations, bond resolutions and indentures, and other pertinent legal restrictions.

2. Sufficient liquidity to ensure the Institute can quickly respond to cash demands and meet funding and operations requirements and emergency expenditures.

3. Recognition of differing objectives and needs of various operating funds and bond proceeds.

4. Maximization of investment returns.

The Board recognizes that in order to meet these investment objectives it may be advantageous to engage the services of investment consultants and managers who have appropriate training and expertise and who have access to specialized information and analysis or analytical tools and systems. Investment consultants and managers must registered investment advisors with the Securities and Exchange Commission (SEC) and must have a minimum of $500 million of assets under management. Such contracts must be approved by the Board of Regents. All persons or entities, including investment managers and consultants, that have responsibility for investment of Institute funds shall be bound by this and other Institute policies, including conflict of interest policies RPM 1.8 and RPM 6.4, and federal and state laws and regulations.

Investment Guidelines

The scope of authority for the types of investments that may be made with Institute funds is statutorily defined in NMSA 1978, Sections 6-8 and 6-10. Institute assets may be invested in any securities permitted by law, subject to the provisions of this investment policy. Individuals responsible for investment decisions shall exercise judgment, care, skill, and caution to invest and manage funds as a prudent investor would, by considering the objectives, terms, and distribution requirements while preserving capital. Operational funds and bond proceeds are primarily invested in high quality, relatively short-term fixed income securities not exposed to significant market risk. Investments should have an average duration of three years or less, an average credit quality of A1/A+ or better, no use of leverage, and security ratings of investment grade.

Prohibited Investments

Notwithstanding authority granted by law and elsewhere in this document, in order to mitigate exposure to interest rate risk, market risk, and liquidity risk, the following investments and investment practices are prohibited. Prohibited investments include, but are not limited to the following:

  • Domestic or international equity securities (i.e. stocks)
  • Commodities and futures contracts
  • Options
  • Speculative securities
  • Mortgages- backed debt and pass-through securities or obligations
  • Non government fixed income mutual funds
  • Private placements
  • Limited partnerships
  • Real estate properties
  • Principal-only (PO) securities
  • Interest-only (IOs) Securities
  • Planned amortization class (PACs)
  • Residual Tranche collateralized mortgage obligations
  • Venture-capital investments
  • Derivatives
  • Collateralized mortgage obligations (CMOs) and other mortgage-backed securities, inverse floaters, leveraged floaters, capped and rate floaters, dual index floaters, and floating rate notes whose index is tied to a long-term interest rate or lagging index, e.g. Cost of Funds Index (COF1)
  • Investment purchase on margin or short sales
  • Leveraging the portfolio, lending securities with an agreement to buy them back after a stated period of time (reverse repurchase agreements from the perspective of the Operating Fund)
  • Repurchase agreements are prohibited for operating funds, but are allowable for bond proceeds
  • GICs are prohibited for operating funds, but are allowable for bond proceeds

Reporting and Accountability

The Vice President for Finance is responsible to ensure that investments are managed in accordance with Institute policy and applicable laws and regulations. The VP for Finance is also responsible for oversight of the investment process and distribution of investment income, monitoring investment activities, and reporting the results of investment activity to the Regent Finance Committee. All investment transactions require prior authorization from two Institute administrators with signature authority on the School's depository account. All individuals delegated authority to make investment decisions must be bonded in accordance with NMSA 6-8-5.

References

NMSA 1978, §§ 6-8 and 6-10; Uniform Prudent Investor Act, NMSA 45-7 (601-612); Internal Revenue Code IRC §148, Arbitrage; BOR 1.8 " Employee Code of Conduct and Conflicts of Interest Policy," BOR 6.4 "Employee Code of Conduct and Conflicts of Interest Policy." O & P Policy 1025

 

Go to:
Table of Contents
Table of Contents -
Section 7
Regents' Policy Manual
Homepage


 

 

Table of Contents
Section 8 - Campus Services and Facilities

8.1 - Special Use of Institute Facilities
8.2 - Law Enforcement on Campus
8.3 - Parking And Vehicles on Campus
8.5 – The McBride Museum

 

Go to:
Regents' Policy Manual
Homepage
Main Table of Contents


8.1 Subject: SPECIAL USE OF INSTITUTE FACILITIES

Applicability

Subject to the provisions of this policy, the Board of Regents encourages the usage of NMMI facilities, as appropriate, for the benefit of the citizens of New Mexico.  

Policy

Institute facilities are primarily for the use of cadets. faculty, staff, Institute organizations and departments, and affiliated organizations. Regularly scheduled events, activities, training, and classes have first priority for use, and any approved cadet use shall have first priority of Institute facilities. In accordance with NMMI procedures, Institute facilities may be rented to enterprises not directly connected with the School.

Any reasonable request for special use of Institute facilities which will not cause undue hardship on employees or cadets will be considered.

Implementation

The President/Superintendent shall adopt administrative policies and procedures to implement this policy.

References

Go to:
Table of Contents
Table of Contents -
Section 8
Regents' Policy Manual
Homepage

 


8.2 Subject: LAW ENFORCEMENT ON CAMPUS

Applicability

This policy applies to all members of the Institute community and the general public.

Policy

State criminal and traffic laws apply on Institute property. The President/Superintendent may employ and assign duties of campus police officers, who are authorized to enforce all applicable laws and Institute regulations, and have the powers of peace officers within the exterior boundaries of lands under control of the Board of Regents, including public streets and highways within such boundaries.

Implementation

The President/Superintendent shall adopt any necessary administrative practices and procedures to implement this policy.

References

Roswell City ordinances do not apply to land under the control of the Board of Regents. See City of Santa Fe v. Armijo, 96 N.M. 663, 633 P.2d 685 (1981). NMSA 1978,
§ 29-5-1 et seq. (Educational Institutions -- Traffic Regulations and Police Officers).

 

Go to:
Table of Contents
Table of Contents -
Section 8
Regents' Policy Manual
Homepage

 


8.3 Subject: PARKING AND VEHICLES ON CAMPUS

Applicability

This policy applies to all motorized and nonmotorized vehicles on Institute property. Nonmotorized vehicles include, but are not limited to, bicycles, skateboards, skates, rollerblades, and unicycles. The policy does not apply to the use of nonmotorized vehicles as assistance for the mobility impaired (e.g., walkers, wheelchairs).

Policy

For the orderly flow of parking and vehicular traffic within the limited confines of Institute property, the President/Superintendent shall adopt parking and vehicular rules which shall be printed and made available to cadets, employees and visitors.

Except for law enforcement vehicles, the use of nonmotorized vehicles shall be prohibited on campus.

Implementation

The NMMI Parking and Traffic Regulations are enforced by the NMMI Police.  The President/Superintendent shall adopt administrative policies and procedures to implement this policy.  Safety shall be the key consideration in all traffic/parking policies.

References

NMSA 1978, § 29-5-1, § 29-5-1.1, and § 37-8A-3.A(3);

 

Go to:
Table of Contents
Table of Contents -
Section 8
Regents' Policy Manual
Homepage

 


8.5 Subject: INSTITUTE LIBRARY, MUSEUM, ARCHIVE, AND ART COLLECTIONS

Applicability

This policy applies to all employees, buildings, and mission elements.

Policy

Collections of print, electronic, and digital materials; artifacts; documents; and works of fine art are developed and maintained to meet the educational, cultural, historical, and legal needs of NMMI.  These collections, including Institute documents, records, and photographs shall be maintained to preserve their educational, cultural, scientific, historical, and fiscal value.  They may not be permanently removed from NMMI or destroyed without the prior approval of the appropriate professionals charged with the care of these collections and where appropriate, the Asset Disposal Committee.  Appropriate security and protection shall be provided to avoid unwarranted deterioration or loss.

Implementation

The President/Superintendent shall adopt any administrative policies and procedures necessary to implement this policy.

 

Go to:
Table of Contents
Table of Contents -
Section 8
Regents' Policy Manual
Homepage