UNM-Los
Alamos Faculty Handbook
FEDERAL AND STATE POLICIES AND PROCEDURES
Equal Educational Opportunity Policy | Affirmative Action Policy | Sexual Harassment | Immigration Reform and Control Act | Confidentiality | Copyright Infringement | Workmen's Compensation | Retirement | Social Security Procedure
All student grievances, questions, or requests for information relating to student concerns should be referred to the appropriate Division Head and then to the Dean of Instruction, UNM–LA, 662‑5919. All faculty appeals, questions, or requests for information relating to faculty concerns should also be referred to the appropriate Division Head and then to the Dean of Instruction, UNM–LA, 662‑5919.
Equal Educational Opportunity Policy
The University of New Mexico is committed to providing equal educational opportunity and forbids unlawful discrimination on the basis of race, color, religion, national origin, physical or mental handicap, age, gender, sexual preference, ancestry, or medical condition. Equal educational opportunity includes admission, recruitment, extracurricular programs and activities, housing, facilities, access to course offerings, counseling and testing, financial assistance, employment, health and insurance services and athletics. In keeping with this policy of equal educational opportunity, the University is committed to creating and maintaining an atmosphere free from all forms of harassment.
The University of New Mexico is committed to providing equal educational and employment opportunity regardless of gender, marital and parental status, race, religion, sexual preference, age, national origin or handicap. Title IX of the Educational Amendments of 1972 prohibits discrimination on the basis of gender in any educational program or activity receiving federal financial assistance by way of grant, contract, or loan. Title VI of the Civil Rights Act of 1964 is similar in its prohibition of discrimination on the basis of race, color, or national origin, and section 504 of the Rehabilitation Act of 1973 prohibits discrimination against handicapped persons.
Policy
The University is committed to creating and maintaining a community in which students, faculty, 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. The purpose of this policy is to foster a dialogue on positive and effective communication and interaction but also to take whatever action may be needed to prevent, correct, and, when necessary, to discipline behavior which violates this policy.
In fulfilling its dual tasks of educating and providing public service, the University can, and shall, demonstrate leadership in sensitizing and educating all members of its community to what is appropriate behavior between the genders. Sexual harassment is reprehensible in that it subverts the mission of the University and threatens the careers of students, faculty, and staff. It is a violation of Title VII of the Civil Rights Act of 1964 and Title IX of the Educational Amendments of 1972 and will not be tolerated at the University of New Mexico.
Sexual harassment is defined as follows: unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature, when:
1. Submission to such conduct is made either explicitly or implicitly a term or condition of an individual's employment or academic advancement.
2. Submission to or rejection of such conduct by an individual is used as the basis for employment decisions or academic decisions affecting such individual, or
3. Such conduct has the purpose or effect of unreasonably interfering with an individual's work or academic performance or creating an intimidating, hostile, or offensive working or academic environment.
While sexual harassment most often takes place in a situation of power differential between the persons involved, this policy recognizes also that sexual harassment may occur between persons of the same University status: student-student, faculty-faculty,
staff-staff. While the vast majority of victims are female, and while the vast majority of offenders are male, the prohibition of sexual harassment applies regardless of the genders of the parties.
Procedures
In determining whether the alleged conduct constitutes sexual harassment, consideration should be given to the record as a whole and to the totality of the circumstances, including the nature of the sexual advances and the context in which the alleged incidents occurred. Retaliation against an employee or student for filing a sexual harassment complaint is grounds for a subsequent harassment complaint.
The University also disapproves of intimidating conduct of a sexual nature which does not rise to the level of the above definition of sexual harassment and but which has a detrimental, though limited, impact on the work environment. Such conduct may include isolated sexual remarks, sexist comments, or inappropriate physical behavior of a sexual nature. Such conduct should be strongly and actively discouraged by responsible supervisors.
Immigration Reform and Control Act of 1986
Policy
In order to be in compliance with the Immigration Reform and Control Act of 1986, UNM–LA faculty are required to verify employment eligibility by completing an I‑9 Form.
Procedure
Part of this form may be filled in before employment is made final. Completion of the form is dependent upon the employee's presentation of documents, which prove identity and legal employability. In most cases a driver's license and an original social security number card (other than a card stating it is not valid for employment) will be adequate. A U.S. passport alone verifies both identity and legal employability. Verification of these documents will take place during the final stages of employment at the beginning of the current semester/session before the first class meeting. Faculty is advised to familiarize themselves with this process by reviewing the I‑9 Form.
Policy
Faculty are required by law as well as by campus policy to respect and preserve students' rights to confidentiality in academic matters. The Family Educational Rights and Privacy Act of 1974 (FERPA) restricts the release of information to anyone other than the student without the student’s written permission. Copies of FERPA with specific detailed guidelines are available in Student Services.
Procedures
Because a student's right to confidentiality must be protected, faculty members should practice circumspection in handling and discussing student work (see Student-Related Policies and Procedures for additional details).
Policy
Faculty must familiarize themselves with and abide by the special copyright infringement regulations and conventions that apply in academic settings.
Procedure
Copyright infringement regulations and conventions are detailed in Appendix C of this handbook and are also available in the Library/Learning Resource Center. A brief summary of these rules is provided to each new faculty member in the hiring packet.
Policy
All faculty members at UNM–Los Alamos are covered by Workmen's Compensation.
Procedure
A fee for Workmen's Compensation coverage is deducted once per session or semester from each faculty member's salary.
Policy
As of July 1, 1971, University employees are required by New Mexico State law to participate in the Educational Retirement System. The New Mexico Educational Retirement Plan is a qualified benefit plan, which limits the amount that a participating employee may invest in an IRA. Contact the Employee Services Office under the University Department of Human Resources of additional information not covered in this policy.
Note: Changes in Educational Retirement Board rules as of July 1, 1994, affect some temporary, part-time faculty. These rules provide that new temporary, part-time faculty and those who are rehired after a full fiscal year quarter has passed are not covered by ERB if their total FTE is .25 or less. Such individuals need not submit a retirement form.
Alternative Retirement Program
An amendment to the Educational Retirement Act (ERA) permits the establishment of an Alternative Retirement Plan (ARP) for regular full-time or part-time faculty and other regular full-time or part-time professionals hired on or after July 1, 1991 with no prior service in the current Educational Retirement Act Plan.
Eligible University employees may select the plan that best fits their needs. New employees have ninety (90) days from the day that employment begins to make the irrevocable decision whether to have retirement deductions deposited with the Educational Retirement Board (ERB) or one (1) of the two (2) companies selected by the legislature. If no decision is reached within the ninety (90) days, then the retirement contributions will automatically be made to the ERB. Contact the Employee Service Office under the University Department of Human Resources for information.
Contribution
The employee's contribution to the retirement fund is 7.6% of earnings. The University's contribution is 9.4%. Rick says this will go up again soon, but the number is not solid yet. Retirement contributions are not subject to Federal and State income tax in the year they are deducted, but they may be subject to these taxes if they are withdrawn.
Upon termination, employees covered under the New Mexico Educational Retirement Act may obtain refunds of their contributions only. University contributions are not refunded and remain in the retirement fund. The refunds will include interest earned on deposits made after July 1, 1971, but will not include interest on deposits made prior to July 1971. In addition, the Internal Revenue Service (IRS) may require the employee to pay a ten percent (10%) penalty for "early" withdrawal of a tax-deferred contribution. Forms requesting the refund are available at the University Payroll Department and are necessary in order to process the refund.
FICA and Medicare are withheld for part-time faculty at full coverage (7.65%). The only individuals who are exempt are faculty hired prior to 1986, who have no lapse in service, and are currently vested in the state retirement plan, ERA.
Page Last Updated August 31, 2007