N.M. Admin. Code § 5.100.6.18 - COMPLAINT TO THE DEPARTMENT
A.
Upon receipt of a student complaint, the department shall determine whether the
complaint meets initial criteria to permit use of the department's complaint
procedure. The following initial complaint criteria must be satisfied:
(1) A student must file a complaint with the
department within three years of the student's last date of
enrollment.
(2) The complaint must
be made to the department in writing utilizing the designated complaint form
published by the department. The student may include supporting documentation
or evidence related to the complaint. The department may request additional
documentation from the student, as needed, to conduct an initial
assessment.
(3) The complaint must
detail and provide evidence that the student has exhausted all complaint
procedures at the institution.
(4)
The complaint must contain a question of fact or question regarding potential
violation of or deviation from policy, regulation, or law.
B. If the department determines the complaint
meets the initial complaint criteria, it shall serve as an intermediary in
attempting to facilitate a resolution or to obtain information from the
institution to eliminate questions of fact or possible violations or deviations
from policy, regulation or law raised by the complaint. Satisfaction of initial
complaint criteria, in no way means the department has assigned greater weight
to the student's allegations. If the department finds that the subject matter
of the complaint falls within the investigatory purview of another entity, it
may forward the complaint and cease further review (for example the office for
civil rights).
(1) Acting as an intermediary,
the department shall request a response from the institution addressing the
student's complaint. The complaint and any documentation provided by the
student shall be sent to the institution with a request for a written response.
The institution shall have 10 days to forward its response to the department.
The institution may request additional response time, if inquiry into the
complaint requires greater than 10 days. The institution may provide any
supporting documentation or evidence to address questions or concerns raised by
the complaint with the response.
(2) After considering the institution's
response and any documentation or evidence supplied by the institution, the
department may conduct further inquiry of the parties or may continue to serve
as an intermediary for possible compromise between the parties. The department
may seek additional clarifying information or supporting documentation from
either party and may request additional response from either party.
(3) If the institution accepts the desired
outcome proposed by the student in the complaint, the department shall inform
the student. If the institution proposes an alternate desired outcome, the
department shall convey such information to the student and the student shall
indicate acceptance or denial of the alternate proposed outcome, or create a
different proposed outcome, to allow for compromise. If at any point, the
student and the institution reach an agreed upon outcome, the department may
help facilitate fulfillment of the outcome, as necessary.
(4) If the parties are unable to reach a
mutually agreeable outcome, the department may, but is not obligated to,
convene a meeting between the parties. Such meetings, if held, shall be
informal and for the purpose of clarifying the facts surrounding the complaint
and to facilitate the parties reaching a resolution or compromise, if possible.
If a meeting is convened, the department shall give written notice to the
institution and to the student, regarding the time, date, and place of the
meeting.
C. The
department may help facilitate a compromised resolution between the parties.
However, the department shall not impose an outcome and shall not act as an
adjudicatory entity. If the department has received evidence to support
potential violation of or a deviation from policy, regulation, or law through
the department's inquiry, the department may refer the complaint to either law
enforcement, the United States department of education, the institution's
accreditor, or any other applicable oversight entities for further
investigation, as applicable to the type of potential violation or deviation.
If the department determines, at any time, that questions raised by the
complaint are alleviated or the complaint relates to grades or student conduct
violations, it shall cease further inquiry into the complaint and inform the
student that the complaint will be closed with no further action by the
department.
Notes
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