"No person in the United States shall, on the basis of sex, be excluded from participation
in, be denied the benefits of, or be subjected to discrimination under any education
program or activity receiving Federal financial assistance.
Title IX is a federal law that prohibits discrimination based on sex or gender in
educational programs and activities that receive Federal financial assistance. Examples
of programs and activities that are subject to Title IX include admissions, recruitment,
financial aid, academic programs, athletics, housing, and employment. Title IX protects
students and employees from sexual harassment, including sexual violence, such as
rape, relationship violence, stalking, and other forms of sexual misconduct or gender-based
discrimination. Tech collectively refers to these prohibited behaviors or conduct
as sexual misconduct. These prohibited behaviors are also considered a violation of
New Mexico Tech’s Sexual Misconduct Policy that applies to all Tech’s students and
employees.
New Mexico Tech’s Title IX Coordinator monitors and oversees the university’s compliance
with Title IX and related laws in the prevention of sex harassment and discrimination.
This includes the coordination of education and training activities and the response
to Title IX complaints. Students, faculty, administrators, staff, or others who participate
in Tech’s education programs and activities with questions, concerns, or complaints
about sex/gender-based discrimination, stalking, intimate partner violence, sex harassment
or other forms of sexual misconduct are encouraged to contact Tech’s Title IX Coordinator:
Title IX Coordinator
Peter Phaiah, Ph.D.
Assistant Vice President for Student Life West Hall 122
801 Leroy Place
Socorro, NM 87801
(575) 835-5953 Off.
(575) 322-0001 Cell.
Email: titleixcoordinator@nmt.edu
Dr. Phaiah is available to meet with students or employees who need information or
guidance about Title IX Offenses. Normal office hours are Monday through Friday, from
8:00 a.m. until 5:00 p.m. but appointments also can be made outside of these hours.
Title IX inquiries can also be directed to:
Title IX Deputy
Randy Saavedra
Affirmative Action/EEOC Director &
ADA Compliance Officer Cramer Hall 115
801 Leroy Place
Socorro, NM 87801
(575) 835-5005.
email: randy.saavedra@nmt.edu
Webpage: www.nmt.edu/affirmative-action
If you have any questions, you are welcome to contact us.
Recent Update
Some of you may have heard about new regulations recently issued by the U.S. Department
of Education's Office for Civil Rights (OCR). Tech has initially modified its New Mexico Tech Sexual Misconduct Policy accordingly and to be in compliance with, the Clery Act, Violence Against Women
Act (VAWA), and applicable New Mexico law. There is a need to continually to collaborate
with many constituents to address those related issues that outside the scope or jusidiction
of Title IX but that are still needed and will be covered by the NMT Sexual Misconduct
policy and our Student Code of Conduct. Tech remains firmly committed to our work
in preventing, educating, and responding to issues of sexual misconduct and intimate
partner/relationship violence.
Related Policies and Procedures
The following policies and procedures govern Tech’s response to complaints of sexual
misconduct and prohibited conduct:
Individuals, who have experienced an incident of sexual misconduct, sexual harassment,
intimate partner violence, stalking, or a Title IX offense on campus or at an official
Tech activity, should report the incident as soon as possible to get appropriate help
and support. Tech is committed to supporting the rights of a person reporting an
incident regardless of how much time has elapsed since the incident occurred. Delayed
reporting may limit some of the action by the university.
By reporting incidents of the prohibited behaviors, Tech can help to prevent any form
of retaliation. New Mexico Tech and Title IX prohibits all form of retaliation towards
victims, reporters, witness or respondents.
Click here to File a Report. Tech’s Title IX Coordinator (titleixcoordinator@nmt.edu or 575-835-5953 or 575-835-5880) or other appropriate staff will contact reporters.
Call 911 if you are in danger or if you need immediate help.
Under Title IX, many employees at Tech, faculty members (including Teaching Assistants),
administrators, supervisors, professional staff, and employee who have responsibility
for student welfare (e.g. Resident Assistants) are considered “Responsible Employees”.
These employees are obligated to report actual or suspected prohibited conduct or
sexual misconduct issues reported to them to appropriate officials immediately, though
there are some limited exceptions. In order for a reporter/complainant to make informed
choices, it is important to be aware of confidentiality and mandatory reporting requirements
when consulting campus resources.
On campus, some resources may maintain confidentiality, meaning they are not required
to report actual or suspected discrimination or harassment to appropriate university
officials, thereby offering options and advice without any obligation to inform an
outside agency or campus official unless a reporting party has requested information
to be shared. Other resources exist for reporting parties to report crimes and policy
violations and these resources will take action when an incident is reported to them.
Here are the various Reporting Options & Procedures at Tech.
Confidential Reporting Options
If a reporting party wishes to obtain confidential assistance without making a report
to Tech, they may do so by speaking confidentially and at no charge with professionals
who are obligated by law to maintain confidentiality, subject to the stated terms
of confidentiality by that office (dial bolded extension numbers from on-campus telephones):
Confidential Reporting Options/Resources for NMT Students:
NMT Counseling Services Office: 575-835-6619; 148 Joseph E. Fidel Center, and
NMT Student Health Center: 575-835-5094; 148 Joseph E. Fidel Center.
Information shared with the Counseling Center and Health Center staff will not be
shared without consent, unless the disclosure is specifically permitted or required
by law, such as when the circumstances pose an imminent risk of harm to self or others
or where the report involves the suspected abuse of a minor under the age of 18. These
offices will submit anonymous statistical information to Tech for Clery Act purposes
unless they believe it would be harmful to the reporter.
Confidential Reporting Options/Resources for NMT Employees:
Employee Assistance Program (EAP) through Corporate Health Resources: (confidential
professional consultation and referral services to address employees’ personal or
work concerns, 800-348-3232 or 505-816-6790, http://corporatehealthresources.com/)
Off-campus Confidential Resources:
Both the community and region offer a number of other free and confidential support
resources that might be useful to victims/complainants/reporters.
Socorro Mental Health Clinic: 1200 US Route 60, 575-835-2444
Socorro General Hospital: 575- 835-1140, Emergency Room: 575-835-8370
Sexual Assault Nurse Examiners (SANE), 625 Silver, SW - 2nd Floor, ABQ, NM 87102,
505-883-8720, Emergency SANE Contact: 505-884-7263, http://abqsane.org/ (Tech can help to provide transportation, if needed)
The National Domestic Violence Hotline: 800-799-7233
National Sexual Assault Hotline: 800-656-4673
Albuquerque Rape Crisis: 1025 Hermosa Dr. SE, Albuquerque, NM 87108 , 505-266-7711,
Website: http://www.rape-crisis.org
New Mexico Coalition of Sexual Assault Programs, Inc. 505-883-8020, email: nmcsaas@swcp.com
Learn to Live (confidential online service to help students with issues related to
stress, depression and anxiety) https://www.learntolive.com/
Formal Reporting Options
Victims, witnesses or concern citizens who are seeking information or who wish to
file a complaint and have action taken to stop the incident/s, prevent further occurrences,
and remedy the situation should contact one of the following (dial bolded extension
numbers from on-campus telephones):
Notify New Mexico Tech Campus Police at: 575-835-5434 (non-emergencies) or 575-835-5555
or 911 (campus emergency); CamPo is located in the Student Activities Center (SAC),
Notify Tech’s Title IX Coordinator Peter Phaiah at: 575-835-5187; 21A Brown Hall (lower
level),
Notify Tech’s Vice President for Student Life at: 575-835-5953/5880; 122 West Hall,
Notify Tech’s Dean of Graduate Studies at 575-835-5513; 208 Joseph E. Fidel Center,
Notify Tech’s Human Resources Director (work-related incidents) at: 575-835-5955;
111 West Hall, or
Notify Residential Life Coordinator at: 575-835-5900, 253 Joseph E. Fidel Center or
contact a Resident Assistant (RA).
Also, the Socorro Police Department (for non-emergencies 575-835-4222 or for emergencies
911 from off-campus phone or 9-911 from a campus phone) can be contacted to report
crimes in the community or at off-campus residences.
Regardless if NMT Police or Socorro Police are notified and take action, Tech is required
to investigate all reported Title IX and these prohibited behavior.
Under Title IX, sexual violence is a severe form of sexual harassment. Sexual violence
is unacceptable and cannot be tolerated at Tech. Sexual violence may be committed
by a stranger, an acquaintance or someone with whom the victim is involved in an intimate
or sexual relationship. Victims of sexual violence are encouraged to report what happened
to law enforcement and seek assistance from any of the resources, on and off campus.
Reporting parties may want to consider carefully whether they share personally identifiable
details with non-confidential employees, as those details must be shared with the
Title IX Coordinator. Responsible Employees must promptly share all details of the
reports they receive. Generally, climate surveys, classroom writing assignments or
discussions, human subjects research, or events such as Take Back the Night marches
or speak-outs do not provide notice that must be reported to the Title IX Coordinator
by employees, unless the reporting party clearly indicates that they wish a report
to be made. Remedial actions may result from such disclosures without formal university
action.
If a reporting party does not wish for their name to be shared, does not wish for
an investigation to take place, or does not want a formal resolution to be pursued,
the reporting party may make such a request to the Title IX Coordinator, who will
evaluate that request in light of the duty to ensure the safety of the campus and
comply with federal law.
Note that the university’s ability to remedy and respond to a reported incident may
be limited if the reporting party does not want the Tech to proceed with an investigation
and/or some other Equity Resolution Process. In cases indicating pattern, predation,
threat, weapons and/or violence, the university will likely be unable to honor a request
for confidentiality.
In cases where the reporting party requests confidentiality and the circumstances
allow the university to honor that request, Tech will offer interim supports and remedies
to the reporting party and the community, but will not otherwise pursue formal action.
A reporting party has the right, and can expect, to have allegations taken seriously
by Tech when formally reported, and to have those incidents investigated and properly
resolved through their established procedures.
Formal reporting still affords privacy to the reporter, and only a small group of
officials who need to know will be told, including but not limited to: Human Resources
Office, Office of Affirmative Action/Equal Employment Opportunity Commission (AA/EEOC),
Division of Student and University Relations, NMT Campus Police, and the Behavior
Intervention Team.
Information will be shared as necessary with investigators, witnesses, and the responding
party. The circle of people with this knowledge will be kept as tight as possible
to preserve a reporting party’s rights and privacy
Failure of a non-confidential employee, as described in this section, to report an
incident or incidents of sex/gender harassment or discrimination of which they become
aware is a violation of university policy and can be subject to disciplinary action
for failure to comply.
Anonymous Reporting Options
The university appreciates all forms of information and reports that bring incidents
of prohibited behavior to our attention. Comprehensive and detailed information from
complainants, witnesses or concerned citizens, help the university to effectively
stop prohibitive behavior, prevent its reoccurrence, and remedy the situation. Anonymous
reports sometimes limit our ability to follow-up and obtain additional information
if needed. The university provides an online mechanism where reporters can identify
themselves or remain anonymous.
Additionally, anonymous reports can be made by victims and/or third parties using
the online reporting form posted at File a Report, or the reporting hotline at 575-835-5005. Note that these anonymous reports may
prompt a need for the institution to investigate.
Employee Reporting Obligations
New Mexico Tech faculty (including teaching assistants), administrators, professional
staff, and supervisors are considered “responsible employees.” A responsible employee
is anyone who has the authority to take action to redress sexual violence; anyone
who has been given the duty of reporting incidents of sexual violence or any other
prohibited behavior by students, faculty or staff to the Title IX coordinator or other
appropriate school designee; or anyone whom a student could reasonably believe has
this authority or duty. All of Tech’s responsible employees have a duty to report
to our Title IX Coordinator within 24 hours, unless they fall under the “Confidential
Reporting” section above.
New Mexico Tech strongly encourages all members of the university community to report
information about any incident of sexual misconduct or prohibited behavior as soon
as they are aware of the incident/s, whether the incident occurred on or off campus.
All employees hearing of an incident should encourage victims of prohibited conduct
to report the incident/s to the Title IX Coordinator or NMT Police Department. Complainants/Reporters
will be informed of their rights, empowered to make informed decisions, and obtain
needed resources including interim protective measures, as needed.
In addition, employees who have been informed by the Clery Coordinator that they are
“Campus Security Authorities” (CSA) under the Jeanne Clery Disclosure of Campus Security
Policy and Campus Crime Statistics Act (“Clery Act”) are legally required to report
such incidents to the NMT Campus Police.
The Family Educational Rights and Privacy Act (FERPA) of 1974, as amended (sometimes referred to as the Buckley Amendment), is a federal law that
protects the privacy of education records of all students enrolled in schools beyond
the high school level. Schools are required to maintain that privacy, primarily by
restricting release of records and the access provided to those records. Under FERPA,
education records are defined as records that are directly related to a student and
are maintained by an education agency or institution or by a party acting for the
agency or institution. The information may be recorded in any way, including, but
not limited to, handwriting, print, computer media, videotape, audiotape, film, microfilm,
microfiche, and e-mail.
Any educational institution that receives funds under any program administered by
the U.S. Secretary of Education is bound by FERPA requirements. Institutions that
fail to comply with FERPA may have funds administered by the Secretary of Education
withheld. The U.S. Department of Education maintains a website with information about
FERPA.
Students may grant the Title IX Office permission to release information about their
records to a third party (including parents, step-parents, etc.) by completing the
FERPA Authorization online. Please notice, you must complete a separate entry for
each parent, family member, or other individual to whom you wish to grant access to
information regarding your case. Please click here to get access to the release form. If you do not have a Tech student account, please
contact titleixcoordinator@nmt.edu to obtain the form via email.
Once completed and submitted to the Title IX Office, we will reach out to student
to confirm that the Authorization is in place.
While the University encourages an individual who has experienced sexual misconduct
to make an official report, whether the person chooses to do so, they are urged to
seek appropriate help. There are numerous resources for students and employees on
campus at NMT or externally in the community or region. Specific resources, either
on or off campus for medical treatment, legal evidence collection, obtaining information,
support, counseling, and officially reporting an incident of sexual misconduct are
listed below.
On-campus Emergency Resources:
NMTPD/CamPo- 911 or call (575) 835-5555 for a non-emergency; CamPo is located in the
Student Activities Center (SAC)
Student Health Provider- (575) 835-5094; 1st floor Fidel; Confidential report
Office of AA/EEOC- (575) 835-5005; Cramer Hall 115
Anonymous reports can be made by victims and/or third parties using the online reporting
form posted at the NMT Affirmative Action Office, or the reporting hotline at (575) 835-5005.
Community Resources & Partners:
Socorro General Hospital (SGH)- (575) 835-1140 select Emergency Room (ER) from the
recording options
Socorro Mental Health- (575) 835-2444
Socorro General Medical Group Clinic- (575) 838-4690, Tona Hudson (LCSW) is a current
resource for psychiatric needs, therapy, and connect victims with appropriate resources
in the area.
Sexual Assault Nurse Examiners (SANE)- (505) 884-7263; Albuquerque (transportation
available via NMTPD)
Rape Crisis Center of Central New Mexico- (505) 266-7711 or (888) 881-8282
New Mexico Crisis, Crisis Line- (855) 662-7474
New Mexico Crisis, Warm Line (Peer to Peer) – (855) 466-7100
New Mexico Crisis, TTY Line- (855) 227-5485
Albuquerque Agora Hotline- (505) 277-3013
CrisisText- Text HOME to 741741
Presbyterian Medical Services- (575) 835-4444
NMT Employee Assistant Program (EAP): Corporate Health Resource- (800) 348-3232