Title IX

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NMMI COMMITTMENT

NMMI is committed to providing a safe, healthy environment for all employees and cadets that promotes respect, dignity, and equality.

NMMI is committed to create and preserve an educational environment free from sexual harassment and discrimination on the basis of sex, race, color, religion or national origin. In fulfilling its dual tasks of educating and providing public service, NMMI can, and shall, demonstrate leadership in eliminating discrimination and providing equal opportunities in employment and education.

NMMI, as an equal opportunity/affirmative action employer, complies with all applicable federal and state laws regarding nondiscrimination and affirmative action, including Title VII of the Civil Rights Act of 1964; Title IX of the Educational Amendments of 1972; New Mexico Religious Freedom Restoration Act, Sections 28-22-1 to 28-22-5; NMSA 1978; and the New

Mexico Human Rights Act, Sections 28-1-1 to 28-1-7, 28-1-7.2, 28-1-9 to 28-1-14, NMSA

 

AN OVERVIEW OF TITLE IX

The U.S. Department of Education released in May 2020 its Final Rule under Title IX of the Education Amendments of 1972, which prohibits discrimination on the basis of sex in education programs or activities receiving federal financial assistance. In addition to posting the unofficial version of the Final Rule, the Department is releasing a Fact Sheet, a Final Rule overview, a document detailing the major provisions of the Final Rules, and a document highlighting changes between the prior Notice of Proposed Rulemaking and the Final Rule.  Additionally, the Office for Civil Rights has released a Webinar describing the Final Rule and many of its features.

The Final Rule will carry the force and effect of law as of August 14, 2020.

  • Title IX Regulations Addressing Sexual Harassment (Unofficial Copy) PDF (6M)
  • Title IX: Fact Sheet: Final Title IX Regulations PDF (209K)
  • Title IX: U.S. Department of Education Title IX Final Rule Overview PDF (553K)
  • Title IX: Summary of Major Provisions of the Department of Education’s Title IX Final Rule PDF (675K)
  • Title IX: Summary of Major Provisions of the Department of Education’s Title IX Final Rule and Comparison to the NPRM PDF (706K)

HOW TO REPORT

A complainant has many reporting options.  See our Reporting Flow Chart.

Reporting Flow Chart

https://www.nmmi.edu/support-and-reporting-options-flow-chart-v2_2019a/

One of the reporting options is anyone who seeks to make a complaint or report may contact the Title IX Coordinator:

NMMI’s Coordinator is COL Judy Scharmer, Chief Financial Officer:

Phone:  (575) 624-8040

E-Mail:  scharmer@nmmi.edu

Office:  Lusk Hall 246

 

Or you may report using our Anonymous Tip Line:

855-279-7525

http://nmmi.ethicspoint.com

FREQUENTLY USED TERMS

Sex Discrimination

  1. Discrimination or harassment based upon one’s sex (gender)
  2. Unfair treatment, attitudes, or behaviors towards an individual based upon one’s sex
  3. Sexism, sexist attitudes, and sex stereotyping
  4. Gender-based bullying
  5. Derogatory or sexist remarks
  6. Gender discrimination in an activity, athletics, program, office, or classroom

Sexual Harassment

  1. Unwanted sexual behavior, advances, or requests for favors
  2. Unwelcome verbal, visual, or physical sexual conduct
  3. Offensive, severe, and/or frequent remarks about a person’s sex
  4. Harassment of a sexual nature which interferes with an individual’s right to an education and participation in a program or activity
  5. Stalking or obscene phone calls, texts, emails, or gestures
  6. Sexually suggestive jokes, whistles, catcalls, or innuendos
  7. Inappropriate touching
  8. Intimidation

Sexual Violence

  1. Sexual abuse or assault, battery or coercion
  2. Unwanted sexual contact that stops short of rape or completed rape
  3. Use of force or manipulation of unwanted sexual activity
  4. Physical acts where a person is incapable of giving consent or is against a person’s will
  5. Sexual assault, battery or coercion
  6. Attempted or completed rape
  7. Inappropriate touching
  8. Physical and/or aggressive sexual advances

Hostile Environment

  1. A situation of discriminatory or sexual nature that has occurred and created an adverse setting
  2. An intimidating or offensive environment that causes a person to be fearful
  3. A setting that denies, limits, or interferes with a person’s ability to participate in or benefit from a program, activity, or job
  4. Bullying, abusive or intimidating comments and actions
  5. Intimidating or offensive comments that alter the conditions of a person’s work, classroom, team, or program environment
  6. Continual offensive comments or surroundings of a discriminatory or sexual nature

For more information, see https://www.nmmi.edu/nmmi-policies/ NMMI Policies

TITLE IX TRAINING MATERIALS

The U.S. Department of Education released in May 2020 its Final Rule under Title IX of the Education Amendments of 1972, which requires all materials used to train the school’s Title IX personnel.

See below link to training materials:

Annual Employee Title IX Training

Investigator Training

Title IX Coordinator and Investigator Training

Hearing Officer & Decision-Maker Training