Section XII: Other College Policies

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Table of Contents

12.01 Security Policy and Crime Statistics

The College complies with the federal Crime Awareness and Campus Security Act of 1990 by publishing and distributing security policies, procedures and crime statistics for each campus. The information is distributed in compliance with the requirements of the act. It is also available from Campus Security and the Marketing & Communications, and it is published in the College website.

  1. Employees are reminded to secure all College-owned equipment and facilities when their use terminates for the day.
  2. Employees are advised against leaving personal property unattended in unsecured locations.
  3. Any thefts or losses must be reported promptly to Campus Security. A Security person will contact law enforcement agencies and make an investigation.

12.02 Alcohol and Controlled Substances

Revised: 5/12/15
Revised: 3/12/24

CNM has committed its resources to creating an environment that fosters learning. Such an environment depends in part on the physical, emotional and social well-being of CNM employees. Abuse of alcohol and controlled substances (referred to here as drugs) impairs work performance, poses a threat to the health and safety of the CNM community and undermines the learning environment. CNM is committed not only to maintaining a drug-free campus and workplace but also to helping employees solve drug- and alcohol-related problems.  While on CNM campus or property the unlawful consumption, possession, manufacturing, distribution, selling, or serving of alcoholic beverages and controlled substances is prohibited. 

  1. Definitions. This policy covers all property owned, used, leased or controlled by CNM and any other site where official CNM business is being conducted. Controlled substances are defined in Schedules I through V of the Controlled Substances Act, 21 U.S.C.812, and implementing regulations, 21 CFR 1308.11-1308.15. Controlled substances include, but are not limited to, marijuana, cocaine, amphetamines, heroin, PCP, hallucinogens, fentanyl and certain prescription drugs. Illegal uses of alcohol include, but are not limited to, serving, buying or drinking alcohol by a minor; assisting a minor or an intoxicated person to get alcohol; selling alcohol without a license and driving while under the influence. This policy is not intended to negate any additional policies on substance abuse, employee discipline or any additional requirements imposed on CNM or its employees by federal or state law.
  2. Policy Statement. CNM will support and enforce the laws of the city, state and federal governments regarding the use, sale or possession of controlled substances or alcohol. The unlawful manufacture, distribution, dispensing, possession or unlawful use of controlled substances (including cannabis) or alcohol on CNM property or as part of any of its activities by any CNM employee is strictly prohibited. It shall be a violation of this policy and the Employee Handbook Code of Conduct for any CNM employee to be illegally under the influence of a controlled substance while at work or on CNM property.
    1. As a condition of employment, all CNM employees shall abide by the terms of this policy. Violation shall result in disciplinary action, up to and including termination.
    2. Employees shall not drink alcoholic beverages during working hours, nor shall they report for work or otherwise be on CNM property under the influence of intoxicants to any degree, nor shall they have any odor of intoxicants on their breath. Employees shall not bring or store any open containers of alcoholic beverages on any College property or work site or in the employee’s vehicle while the vehicle is on College property.
    3. Employees under the care of a physician and using prescribed drugs on CNM campus or facility under a physician’s direction shall have a proper statement from the physician authorizing the use of the drug and describing the side effects, if any, resulting from the use of the drug.  Supervisors should contact Human Resources if an employee is displaying signs of impairment. Commercial Driver’s License (CDL) instructors shall follow federal reporting requirements in addition to notifying Human Resources. 
    4. As a condition of employment, any employee involved in work performed under a federal contract or grant must inform their supervisor in writing within five calendar days of any conviction for a criminal drug statute violation that occurred in the workplace. Failure of the employee to notify the supervisor shall be grounds for disciplinary action. Upon receiving notice from an employee regarding the conviction, the supervisor is responsible for promptly notifying Human Resources. The administration is required to provide written notification to the grant agency within 10 calendar days of receiving the notice of action relating to the conviction.
    5. In recognition of the dangers of substance abuse in the workplace, CNM shall maintain alcohol- and drug-free awareness programs to inform members of the campus community about issues and risks of substance abuse. an Employee Assistance Program is available. The College will observe confidentiality regarding requests by employees for any type of substance abuse counseling information or assistance. 

CNM’s response to any violation of this policy may include, as a total or partial alternative to the disciplinary action, a requirement that the employee participate satisfactorily in an approved substance-abuse treatment or rehabilitation program as a condition of continued employment.  

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12.03 Weapons and Firearms

Carrying, possessing or storing weapons and firearms on College property or in the employee’s vehicle while the vehicle is on College property is prohibited. Exceptions to this policy are law enforcement officers authorized by law to carry firearms, and students participating in law enforcement instruction requiring the use of firearms who are under the supervision of a certified law enforcement instructor. Other exceptions shall be approved in advance by the vice president for administrative services or designee. Violation of this policy may result in termination of employment.

12.04 Reporting of Illness and Injuries

Revised: 06/11/24

In the event of illness or injury on CNM property, an employee should provide or request first aid assistance and follow the steps outlined below.

  1. Life-Threatening Situations. Immediately call 911 for emergency assistance.
  2. Non-Life-Threatening Situations. Contact Security at (505) 224-3002 and encourage the injured or ill individual to seek appropriate medical care.
  3. Employees must report any injuries observed on campus to Security.
  4. Injured employees are required to complete a Notice of Accident Form, regardless of whether medical treatment is necessary.
  5. For work-related illness or injuries refer to Employee Handbook 6.06 Workers’ Compensation and The Source IS-2093 Workers’ Compensation.

12.05 Fires

  1. CNM buildings have local fire alarms. In case of fire, suspected fire, or other condition requiring the impacted building to be evacuated, activate the nearest alarm and leave the building. From another location, notify Securityat (505) 224-3001.
  2. When a fire alarm sounds on campus, all personnel must evacuate the building promptly.
  3. Fire evacuation routes are posted for all campus locations and should be observed.

12.06 Safety

Revision Date: 10/03/2023

  1. The College is committed to providing a healthy and safe environment for students, employees, and visitors.
  2. Each department has a responsibility to help maintain a healthy and safe learning and working environment.
  3. Each employee has a responsibility to safeguard CNM’s resources by demonstrating personal awareness and prioritizing health and safety. Employees at every level are required to actively support their department’s safety efforts, undergo necessary training, and adhere to federal, state and local laws pertaining to hazardous and biomedical wastes, fire hazards, accident prevention and health maintenance. Mandatory safety equipment shall be utilized and/or worn.
  4. Supervisors are responsible for supporting a culture of health and safety in their divisions and for holding their employees accountable for knowing and following health and safety procedures. Supervisors are responsible for ensuring compliance with mandatory health and safety training, use of safety equipment, monitoring, prevention, reporting and accident responses.  
  5. The College’s Safety & Environmental Health Department implements and supports safety policies, safety education, and safety engineering across all of CNM's campuses, as well as procedures that seek to enhance the health and safety of all students, employees, and visitors. The Safety & Environmental Health Department shall serve as the liaison between the College and safety and environmental regulatory agencies.

12.07 Children On Campus

Effective: 11/13/18

CNM is a public institution for adults and has an obligation to its students to maintain an atmosphere conducive to learning at all times. Therefore, the following policies shall govern children on campus:

  1. Children under the age of 15 must be accompanied by an adult at all times while on CNM property.
  2. Children under the age of 15 may not be left unsupervised anywhere on CNM property.
  3. Children may not accompany a parent or other adult to any class or lab.
  4. Children left unattended on CNM property will be brought to the attention of the appropriate enforcement agency.
  5. Children on CNM property under adult supervision are expected to behave in a manner that is not disturbing to other CNM patrons.
  6. Exception: Sections (A) and (B) of this policy shall not apply when children under the age of 15 are participating in CNM-sponsored activities including, but not limited to, summer camps, dual credit programs, College and Career Bound program, and College and Career High School. CNM reserves the right to require a parent or legal guardian to sign a waiver of liability prior to a child’s participation in CNM-sponsored events.

12.08 Use of College Vehicles

  1. College vehicles are for official use only. Violations shall be cause for disciplinary action.
  2. Employees who use College vehicles on a regular basis shall comply with all applicable requirements as outlined in The Source policies and procedures manual.

12.09 Campus Parking and Traffic

Revision Date: 10/03/2023

  1. Parking and Fleet Services is responsible for ensuring the safe flow of traffic on campus and facilitating access to all campuses for students, faculty, staff and visitors. Parking and traffic on all CNM campuses and facilities are governed by policies and procedures intended to provide safe, equitable and accessible services. Complete details are contained in the Parking Services Rules and Regulations Guide located on the CNM Parking and Fleet Services website.
  2. Employees who park private vehicles on CNM property must register these vehicles with Parking and Fleet Services. CNM assumes no liability for private vehicles parked on CNM property.
  3. The College has two types of parking lots: Reserved and General lots.
    1. General lots require vehicles to display a repositionable general parking permit.
    2. Reserved lots require vehicles to display a reserved lot hangtag permit.
    3. All parking permits may be purchased online at cnm.edu/parking. Failure to display appropriate parking permits may result in a citation.
  4. Campus Security patrols CNM lots on a regular basis; nonetheless, individuals parking private vehicles on campus do so at their own risk. Parking citations will be strictly enforced for vehicles parked on CNM property in violation of policy. Immediate payment of the citation is required and can be made online at cnm.edu/parking. Individuals who receive a parking citation will have a 7-day period from the date the citation is issued to submit an appeal.
  5. Security escort service is available after 5 p.m. if it is dark and employees wish to be escorted to their cars. Requests at all campuses should be made to Security at (505) 224-3002.

12.10 Smoke Free Campus

Revised: 6/11/24

Central New Mexico Community College (CNM) is dedicated to maintaining a healthy and safe environment for students, faculty, staff and visitors. Consistent with this commitment and the Dee Johnson Clean Indoor Air Act, this policy mandates a smoke free environment in all indoor areas of CNM, including buildings, facilities, and vehicles.

  1. At CNM the smoking of any product, including the use of chewing tobacco and e-cigarettes, is restricted to outdoor designated smoking areas. These areas are clearly marked with signage and can be easily located using campus maps. Smoking is prohibited in all other areas across CNM’s campuses and facilities.
  2. To ensure campus-wide compliance, all individuals, including visitors, are required to adhere to this policy. Employees in violation may be subject to disciplinary measures. In instances where intervention is necessary, the Security Department may be notified to assist in resolving non-compliance issues.
  3. Recognizing the importance of employee wellness, the College is committed to addressing the health risks linked to smoking by offering services that raise awareness about the hazards of smoking and providing information and support to facilitate smoking cessation. Employees seeking support to quit smoking can contact the Employee Assistance Program at 844-236-4493 for access to resources and programs. For additional support, the New Mexico Department of Health’s Nicotine Use and Prevention and Control (NUPAC) program provides smoking cessation programs to all New Mexico residents who want to quit using tobacco. Additional cessation services are available on Quitnow.com or by calling 1-800-QUIT-NOW.

12.11 College Property - Private Use Prohibited

The use of College equipment and property for private use is prohibited. Exempt from these provisions are uses which are part of a recognized College activity, and as outlined in Sections 12.13 through 12.16.

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12.12 Use of College Facilities 

Revised: 05/14/24

I. Introduction

This policy sets forth guidelines governing the appropriate use of college facilities by both the CNM community and external stakeholders. This policy does not cover rental agreements.  

CNM is committed to ensuring that its facilities serve both the education of students and community enrichment. Use of college facilities must not disrupt college programs, administration or maintenance. Individuals and groups that have received approval to use a college facility are required to:

  • comply with all applicable college rules and policies, and applicable local, state and federal laws and regulations, including fire, health and safety regulations;
  • assume full responsibility for any loss, damage or claims arising out of their use of the facility;
  • pay the appropriate use fee and other charges for the use of the facility and related services. 

II. Use of College Facilities by the CNM Community 

College facilities are available for business related use by the administration, faculty, recognized student groups (those registered with the Dean of Students Office), and CNM’s non-profit entities without incurring any charges. Use of college facilities for fundraising efforts by recognized student groups and the CNM Foundation is permitted. CNM employees may not provide courtesy space for personal events or for external stakeholders such as customers, clubs, organizations or vendors. Requests for reservations and facility arrangements should be made using CNM’s scheduling platform and a completed Facilities Usage Authorization (FUAN) Form. 

CNM Employees can choose to reserve and use CNM facilities for their personal events with the added benefit of an employee discount. For reservations contact [email protected]. 

III. Use of College Facilities by External Stakeholders

The public investment in the College, and the overall well-being of the community justify the use of facilities by external groups that fall outside the campus community. External stakeholders seeking to use college facilities are welcomed and encouraged to do so, with the understanding that a fee, in accordance with the advertised rates will apply. Facility use for teaching or offering training services that compete with the College or courses offered or intended to be offered in the immediate future by the College is prohibited.  

CNM Ingenuity’s Space Solutions retains the discretion to decline the request if use does not align with the College’s Mission. Space Solutions is responsible for scheduling, notifications, third party services, compliance, billing, collections, certificate of insurance, staff coverage and cancellations. Fees for use of CNM facilities may be co-sponsored if authorized by the President’s Office. A fee will be applied to co-sponsored events to cover fixed costs. Requests for reservations should be directed to Space Solutions. 

CNM Ingenuity or its designee will conduct a market analysis every three years to ensure facility usage fees are appropriate.   

12.13 Advertising, Sponsorships, Distribution, and Solicitation

Effective: 7/12/16
Revised: 3/14/17

Central New Mexico Community College (“CNM” or the “College”) recognizes that potential sources of revenue or other non-financial benefits for the College exist through advertising, sponsorships, and other activities. Such revenue is beneficial to the CNM community and will help CNM continue its tradition of excellence in higher education.

CNM must always be aware of its reputation and image in the community. As such, this policy sets forth the principles regulating the grant of advertising, sponsorship, solicitation, and distribution rights with regard to College and non-College entities.

I. Advertising

A. Definitions

  • Advertising: Advertising is any advertisement, signage, label, logo, packaging, imprint, sales promotion activity or device, public relations material or events, merchandising or other activity or communication that has the intent of promoting or marketing a non-College product, service, event or organization.
  • Advertisement: An advertisement includes messages that contain qualitative or comparative language, price information, an endorsement, or an inducement to purchase, sell or use the advertiser’s products or services. See IRS Publication 598. Advertising is distinct from sponsorships.

B. Scope

General

CNM accepts paid advertising as a means of underwriting college costs at the discretion of the Executive Team. The contents of any advertisement must be reviewed and approved by the Marketing and Communications Office (MCO) and the Executive Team. All advertising shall be under a written agreement executed by the appropriate vice president or designee. Generally, a non-College entity may advertise at or about College events, in College publications, or on College property, including the use of electronic media, when (1) revenue or other benefits will be generated for any College program; and (2) the standards and criteria stated herein and in other college policies are complied with. CNM maintains complete discretion over advertising rates and may offer special rates at any time.

Improper Advertisements

CNM retains the right to refuse any advertising that it considers improper. An advertisement is considered improper when it (1) conflicts with CNM policies; (2) will negatively affect CNM’s reputation; (3) appears to establish an endorsement by CNM of a certain company, product, political candidate or public policy; (4) could be considered profane, obscene or indecent; (5) is discriminatory against persons on the basis of any protected class under federal or state law; and (6) promotes tobacco products.

Unrelated Business Income Tax (UBIT)

Advertising revenue may be unrelated business income that is subject to UBIT under the Internal Revenue Code. Legal counsel may be contacted prior to executing a written agreement in order to determine whether there are tax implications.

II. Sponsorships

A. Definitions

  • Sponsorship: Sponsorship means the provision by a non-College entity of money, goods, or services to the College. Sponsors may be provided an Acknowledgment of the Sponsorship, event tickets, food, beverages or other tangible return benefits. Sponsorships and sponsorship acknowledgments are not advertising. There are two types of sponsorships: qualified sponsorships and non-qualified sponsorships.

Qualified Sponsorship: Qualified Sponsorship means a Sponsorship where the financial or other support meets the IRS guidelines for “qualified sponsorship payments.” This means that the Return Benefit to the sponsor is an Acknowledgment of the Sponsorship that contains only such information as the sponsor’s location, telephone number, internet address, value neutral descriptions of sponsor’s products or services and the sponsor’s logo, established slogan, brand or trade name (Qualified Acknowledgment). A Qualified Acknowledgment may not contain qualitative or comparative statements (e.g., Sponsor makes the best shoes), price information or indication of savings or value (e.g., Sponsor’s popcorn is the best price in town), call to action (e.g., Don’t miss Sponsor’s huge tent sale) or endorsements (e.g., the computer hardware preferred by CNM faculty and staff). Qualified Sponsorship payments are exempt from UBIT. It may be permissible to provide a sponsor with some nominal or de minimus Return Benefits, in addition to an Acknowledgment, and still be a Qualified Sponsorship, but because this is a complicated area, it cannot be assumed and additional review and approval is required. It is desirable for all sponsorships to be Qualified Sponsorships due to the significant accounting, record-keeping and reporting obligations required for activities that generate UBIT.

Non-Qualified Sponsorship: Non-Qualified Sponsorship means a Sponsorship where the financial or other support does not meet the IRS guidelines for “qualified sponsorship payments.” A sponsorship may fall into this category because the Acknowledgment or the Return Benefits go beyond what is permissible to be considered a Qualified Sponsorship.

  • Gift-in-Kind: A Gift-in-Kind is a product or service donated, in lieu of a cash gift, to CNM.

B. Scope

Any corporation, organization, or individual that offers to support or underwrite College events or activities, including Gifts-in-Kind, may be a Sponsor subject to this policy. The College shall consider the compatibility between its mission, vision, and values and the sponsoring entity. An offer of support or sponsorship may be declined at the discretion of CNM’s Executive Team or MCO.

CNM may deem a sponsorship improper using the criteria stated in Section I(B) “Improper Advertising”.

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III. Distribution

A. Definitions

  • Information Constituting Official CNM Business: Such information includes items produced by and for the College by College employees in the performance of official CNM work duties.  Distribution of information by the CNM Foundation is official CNM business.
  • College-Related Information/Items: Such information includes, but is not limited to, information related to employee fringe benefits, such as annuities, insurance plans and NUSENDA Credit Union; to election materials directly related to CNM, such as Governing Board, mill levy and general obligation bond elections (see also Section 12.16 below); to the student newspaper and other student activities.
  • Non-College-Related Information/Items: Such information includes, but is not limited to, discount offers and other promotional materials made available by businesses or organizations; political campaign materials not directly related to CNM; voter registration forms for students (see also Employee Handbook Section 12.16); and publications such as non-student newspapers and magazines.
  • College Premises: College premises include all College-owned buildings, grounds and property, including parking lots, patios and walkways (but not including city public walkways).
  • Non-work time: Any time an employee is not on duty.

B. Disclaimer

This section does not apply to face-to-face solicitation of employees and students.

C. Distribution of Information Constituting Official CNM Business

Such distribution shall be freely allowed without solicitation with the following exceptions:

  • Distribution with paychecks through the Payroll Department shall be allowed only for information directly related to employee salaries, benefits or payroll.
  • Distribution through the campus mail system must be in accordance with College procedures.

D. Distribution of College-Related Information or Items

  • Distribution may be accomplished either in person without solicitation or by placing the information or items in College-designated areas.
  • Distribution is allowed via the College’s e-mail system subject to all applicable laws and College procedures.

E. Distribution of Non-College-Related Information/Items

  • Person-to-person distribution by individuals who are not College employees or students is prohibited unless approved by MCO.
  • Use of electronic screens is permitted if prior approval from the Executive Team and MCO has been obtained.
  • Use of the College’s e-mail systems is prohibited unless permitted by the applicable collective bargaining agreement or authorized as part of an official CNM communication.
  • Posting on College Premises, including parked vehicles, is prohibited unless explicitly authorized by the Executive Team and MCO.  Bulletin boards are generally available for posting.
  • Voter registration forms for students may be distributed via Student Activities.
  • Posting or otherwise affixing information or items on CNM buildings or property other than bulletin boards is prohibited.
  • Distribution of Non-College related material by employees is allowed only during non-work time in College-designated areas.

IV. Solicitation

A. Definitions

Solicitation:

  • Seeking a commitment of time or money and other things of value face-to-face on College property or through electronic media.
  • Seeking Donations of time or money or other things of value from outside individuals on behalf of CNM via U.S. mail, e-mail, telephone or personal contact.
  • Seeking the purchase of anything of value including tickets, merchandise or any other item.

College Premises:

  • All College-owned buildings, grounds and property, including parking lots, patios and walkways (not including city walkways).

Inappropriate conduct:

  • Inappropriate conduct includes, but is not limited to, any activities which: (1) interfere with academic or institutional programs, (2) impede student learning; (3) interfere with College operations; or (4) violate College policy.

B. Disclaimers

  • This policy does not apply to distribution which is addressed in Section III of this policy.
  • Solicitation for political purposes is addressed in Section 12.16 of the Employee Handbook.

C. Guidelines

CNM reserves the right to remove or bar any solicitor from the College’s premises because of inappropriate conduct, the sale of inappropriate goods or services or any other violation of this policy. Solicitation on any College premises is subject to the following non-exhaustive list of provisions:

  • CNM will allow one single campus-wide annual fund raising campaign open to all charitable not-for-profit organizations that wish to participate. The campaign shall be organized and controlled by the CNM Foundation.
  • Solicitations for sale of food, beverages and books are allowed only by vendors under contract with CNM.  CNM’s Executive Team may allow exceptions to this provision if a vendor not under contract with CNM is a local small business or has significant ties to CNM.
  • CNM employees may solicit each other provided, however, that such solicitation must not significantly interfere with operations, as determined by the appropriate supervisor.
  • Solicitation of non-College entities by CNM employees must be approved in advance by, and coordinated through, the CNM Foundation.
  • Labor union representatives may not solicit CNM employees during work hours unless permitted to do so by the appropriate collective bargaining agreement.
  • Third parties, including religious organizations, must request and obtain approval from CNM’s Marketing and Communications Office (“MCO”) prior to soliciting CNM students, employees, and guests on College Premises.  Requests for approval shall be made at least three (3) days in advance of the planned solicitation. Third-party solicitation is subject to viewpoint-neutral and reasonable time, place and manner restrictions imposed by the College.

12.14 Political Activities

  1. The College recognizes that all employees have the right and obligation to be informed and active citizens and with other citizens have the right to exercise their political privileges including, but not limited to, the following:
    1. voting;
    2. discussing political issues;
    3. seeking signatures on petitions, union cards or any other document;
    4. seeking votes in any local, state or national election relating either to candidates or issues;
    5. campaigning for candidates;
    6. running for and serving in public office.
  2. The College has as its primary mission the proper education of its students; all else must be secondary. For this reason, appearances of candidates or their representatives shall not be permitted during class time except where instructors invite such persons to visit a class as part of the educational program.
  3. Candidates or their representatives may distribute campaign materials and greet employees and students as outlined in Section 12.15 above. All materials must be drawn in accordance with New Mexico law.
  4. No College resources may be used for any political campaign for an individual candidate or an organization. This prohibition does not apply to the use of buildings and grounds permitted by Sections 12.13 and 12.14 above.
  5. Candidates for elective office or their representatives may contact the Public Information Office to obtain information and policies on campaign activities on school property.

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12.15 CNM Technology Use Policy

The Governing Board recognizes that Information Technology resources and systems enhance CNM’s ability to deliver educational services and facilitate job performance and College operations. It is the policy of the Governing Board to promote and support responsible use of CNM’s Information Technology resources and systems. Anyone using these resources and systems is responsible for ensuring they are used in an effective, efficient, ethical and lawful manner. To support this policy, the College shall have in place an Information Technology Use Administrative Directive and departmental directives that address responsible and appropriate use of these resources and systems.

Users of CNM’s Information Technology resources and systems must comply with all applicable policies and directives. Violations will subject users to the loss of access to resources and systems as well as to appropriate disciplinary action.

The Administrative Directive is available in electronic format on the CNM Web Site and in hardcopy format in the Policies and Procedures Office.

12.16 Campus Memorial

A campus memorial, located on Main Campus, provides a centralized and uniform means of honoring deceased persons who have worked at CNM. Any other form of memorializing individuals on campus shall be subject to the policy on Naming of College Facilities, Section 12.19 (see above).

Tributes shall be in the form of metal plaques attached to the memorial according to the following guidelines:

  1. Memorial plaques shall be of one uniform design (size, layout, wording, lettering), specifics of the design to be determined by the Public Information Office.
  2. The name of any employee who dies while in service at CNM shall automatically be placed on the memorial at no charge.
  3. The name of any past employee who is deceased may be added to the memorial based on the following criteria:
    1. A written request, including verification of the deceased’s CNM employment, shall be made to the Public Information Office.
    2. The requester, or sponsor, shall pay the cost of the plaque.
    3. The cost of a plaque shall be determined by CNM.
  4. Notwithstanding anything to the contrary herein, final decision regarding addition of any name to the memorial shall be made by the President.

12.17 Service Animal Policy

Revised 4/11/23

I. Introduction

Service animals are animals trained to assist people with disabilities in the activities of normal living. The Americans with Disabilities Act (ADA) definition of service animals is “any dog individually trained to do work or perform tasks for the benefit of an individual with a disability.” In addition to the provisions about service dogs, ADA regulations have a separate provision about miniature horses that have been individually trained to do work or perform tasks for people with disabilities. The State of New Mexico recognizes only dogs and miniature horses as service animals.

The ADA and Central New Mexico Community College policy allow service animals accompanying persons with disabilities to be on CNM campuses and other CNM facilities. Students are encouraged to contact Accessibility Services to register as a student with a disability and to document their presence of their service animal at any CNM campus or facility. Employees must contact CNM’s Human Resources Department prior to bringing a service animal to any CNM campus or facility. A service animal must be permitted to accompany a person with a disability everywhere (see information below regarding restricted areas) on campus.

This policy differentiates service animals from other animals and sets behavioral guidelines for service animals on campus.

II. Definitions

Emotional Support Animal: These support animals provide companionship, relieve loneliness, and sometimes help with depression, anxiety, and certain phobias, but do not have special training to perform tasks that assist people with disabilities. Emotional support animals, comfort animals, and therapy dogs are not service animals under Title II and Title III of the ADA. Other species of animals, whether wild or domestic, trained, or untrained, are not considered service animals either. While Emotional Support Animals or Comfort Animals are often used as part of a medical treatment plan as therapy animals, they are not considered service animals under the ADA and are not permitted on campus.

Handler: A person who owns or trains a service or therapy animal.

Service Animal: Any animal individually trained to do work or perform tasks for the benefit of a person with a disability. Service animals are usually dogs, but may be miniature horses, under New Mexico State Law.  If there is a question about whether an animal is a service animal, contact the Director of Accessibility Services or the ADA Coordinator.

Therapy Animal: An animal with good temperament and disposition, who has reliable, predictable behavior, selected to visit people with disabilities as a therapy tool.  CNM approves therapy animals that support students and programs for special events on campus. Therapy animals are not covered by laws applicable to service animals.

Trainee: An animal undergoing training to become a service animal. In the State of New Mexico, a service animal in training is considered a service animal. A trainee will be housebroken and fully socialized.

III. Types of Service Animals

This is not an exhaustive list of service animals or tasks. The definitions are intended as an educational resource to promote equity and inclusion at CNM. There is no restriction on breeds of dogs or miniature horses who are service animals.

Guide Dog serves as a travel tool for people with severe visual impairments or who are blind.

Hearing or Signal Dog has been trained to alert a person with significant hearing loss or who is deaf when a sound, e.g., knock on the door, occurs.

Miniature Horse may be trained to complete many of the same tasks as service dogs listed in this section. Under ADA, “Miniature horses generally range in height from 24 to 38 inches, measured to the shoulders, and usually weigh between 150-350 lbs.” Accessibility Services is responsible for the assessment of whether a miniature horse can be accommodated at CNM facilities.  

Psychiatric Service Dog has been trained to perform tasks that assist individuals with disabilities to detect the onset of psychiatric episodes and lessen their effects.

Seizure Response Dog is trained to assist a person with a seizure disorder; how the dog serves the person depends on the person’s needs. The dog may stand guard over the person during a seizure, or the dog may go for help.  Some dogs can predict a seizure and warn the person in advance.

Sensory Signal Dogs or Social Signal Dog is trained to assist a person with autism. The dog alerts the handler to distracting repetitive movements common among those with autism, allowing the person to stop the movement (e.g., hand flapping).

Service Dog has been trained to assist a person who has a mobility or health impairment. Types of duties the dog may perform include: carrying; fetching; opening doors; ringing doorbell; activating elevator buttons; steadying a person while walking; helping a person up after the person falls.

IV. Requirements for Care and Supervision of Service Animals on Campus

Individuals with service animals are responsible for managing and handling their service animals at all times while on CNM property.  Handlers must maintain proper infection control measures, appropriate healthcare for the species, and are responsible for the behavior and activities of the animal. The care and supervision of a service animal is solely the responsibility of its handler. Individuals are personally responsible for any damages to a facility caused by their service animals. Handlers are asked to appropriately respond to CNM employees to confirm that the animal is a Qualified Service Animal required because of a disability. The handler is not required to provide certification documentation or discuss specifics about the individual's disability.

Service animals on CNM campuses must be:

  • Always in full control by the handler on CNM campus.
  • In harness, leash, or other tether unless the handler is unable to use the harness, leash, or tether, or if doing so will interfere with the animal's ability to perform its duties safely and effectively.
  • In compliance with Bernalillo County Animal Care Services Ordinance and licensing laws for animal rights and owner responsibilities. Qualified Service Animals must be current with immunizations (or titration exemption per relevant legal statutes) and wear a current rabies vaccination tag. Documentation of a current rabies vaccination is required in lieu of a current rabies vaccination tag.
  • In good health and well groomed.

Cleanup Rule: Handlers are expected to clean up after their service animal. Individuals with disabilities who physically cannot clean up after their own service animal may not be required to pick up and dispose of feces. Contact the Facilities Department at (505) 224-4580 if assistance with feces disposal is required. Animals must toilet outdoors, off pathways or if trained to use a pad, use, and dispose of the pad immediately after toileting.

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V. Recommendations Regarding Service Animals

Guidance for Employees regarding Service Animals.

Because a service animal is trained to provide specific support services to the individual with a disability, it is typically apparent that an animal is trained to do work or perform tasks.

Employees may not ask about the handler’s disability, require medical documentation, require a special identification card or training documentation for the animal, or ask that the animal demonstrate its ability to perform the work or task.

ADA limits the questions an employee may ask regarding a service animal. Those questions are:

(1) is the animal a service animal required because of a disability?

(2) what work or task has the animal been trained to perform?

Employees are not expected to verify an assumed service animal on campus and are encouraged to contact Accessibility Services at (505) 224-3259 if they have questions about how to accommodate a service animal in a building, course, or program at CNM.

Recommendations to Students with Service Animals

A student may bring a service animal into a CNM classroom, laboratory, public area, or other learning environment. CNM students who use a service animal are encouraged to contact Accessibility Services so that Accessibility Services can document their service animal being on campus so if any questions arise from campus community members Accessibility Services can address them.

VI. When a Service Animal Can Be Removed or Excluded from an Area on Campus

Disruption: The handler of an animal that is unruly or disruptive (e.g., barking, running around, distracting others) may be asked to remove the animal from CNM facilities. If the improper behavior happens repeatedly, the handler may be told not to bring the animal into any CNM facility until the handler takes significant steps to mitigate the behavior

Direct Threat: If CNM determines that a service animal poses a direct threat to the health or safety of others in a building or portion thereof, access to the facility by the service animal will be denied. In determining whether a service animal poses a direct threat to the health or safety of others, CNM (including Accessibility Services for students, Human Resources for employees, and/or the ADA Coordinator) shall make an individualized assessment, based on reasonable judgment that relies on current medical knowledge or on the best available objective evidence, to identify:

  • the nature, duration, and severity of the risk;
  • the probability that the potential injury will actually occur; and
  • if there are reasonable modifications of policies, practices, or procedures that will mitigate the risk.

Ill Health: Service animals that are ill should not be taken into public areas. A handler with an ill animal may be asked to leave CNM facilities.

Uncleanliness: Handlers with animals that are unclean (for example, having feces, burrs, mats in their fur, or a noticeable foul odor) may be asked to leave CNM facilities. An animal that becomes wet from walking in the rain or mud or from being splashed on by a passing automobile, but is otherwise clean, should be considered a clean animal.

If an animal needs to be removed, please call Security at (505) 224-3001 (emergency) or (505) 224-3002 (non-emergency).

VII. Areas Off Limits to Service Animals

A service animal must be permitted to accompany a person with a disability everywhere on campus, with some exceptions described here in order to ensure safety of handlers and service animals, and maintain specific requirements for sterile areas.  

Mechanical Rooms/Custodial Closets: Mechanical rooms, such as boiler rooms, facility equipment rooms, electric closets, elevator control rooms and custodial closets, are off-limits to service animals. The machinery and/or chemicals in these rooms may be harmful to animals.

Areas Where Protective Clothing is Necessary: Any room where protective clothing is worn is off-limits to service animals. Examples impacting students include the wood shops and metal/machine shops.

Areas Where There is a Danger to the Service Animal: Any room, including a classroom, where there are sharp metal cuttings or other sharp objects on the floor or protruding from a surface; where there is hot material on the floor (e.g., molten metal or glass); where there is a high level of dust; or where there is moving machinery is off-limits to service animals.

Exceptions

A laboratory director may open her or his laboratory to all service animals. Access to other designated off-limits areas may be granted on a case-by-case basis.

To be Granted an Exception: A student or employee who wants their animal to be granted admission to an off-limits area should contact the Director of Accessibility Services.

VIII. Administration of Policy

Questions or concerns regarding this policy and its application should be directed to the Chief Human Resources Officer, or the ADA Coordinator.

12.18 Disability and Reasonable Accommodation

Effective: 8/11/15

CNM is committed to protecting qualified individuals from discrimination in hiring, promotion, discharge, pay, and all other elements of employment in accordance with the Americans with Disabilities Act (ADA) and other related federal and state laws.

Upon request, CNM shall provide a reasonable accommodation to any qualified individual with a disability so that he or she may perform essential job functions, unless the making of such accommodation imposes an undue hardship. There may be instances where an observable disability prompts CNM to initiate a reasonable accommodation discussion. Any medical information obtained in connection with a request for reasonable accommodation, excluding a test to determine the illegal use of drugs, will be treated as confidential to the extent permitted by the ADA and maintained separately from the qualified individual’s personnel file. Hiring officials shall not ask prospective employees about the existence, nature, or severity of a disability. Hiring officials may ask prospective employees if they can perform the essential functions of the position. An individual who poses a direct threat to CNM’s faculty, staff, students, the general public, or to themselves shall not be eligible for hire or for continued employment. CNM’s ADA Coordinator shall be the Executive Director of Human Resources. The ADA Coordinator shall be the final decision maker in all disputes related to a reasonable accommodation request.

Definitions

“Direct threat” means a significant risk to the health or safety of others or to self that cannot be eliminated by reasonable accommodation.

“Disability” means a physical or mental impairment that substantially limits one or more major life activities, a record of such an impairment, or being regarded as having such impairment.

“Essential job functions” means those job activities determined by CNM to be essential or core to performing the job. CNM’s job descriptions describe the essential functions of the job.

“Major bodily functions” include but are not limited to the following: functions of the immune system, normal cell growth, digestive, bowel, bladder, neurological, brain, respiratory, circulatory, endocrine, and reproductive functions.

“Major life activities” include but are not limited to the following: breathing, eating, walking, sleeping, speaking, learning, seeing, hearing, caring for oneself, performing manual tasks, working, bending, lifting, concentrating, thinking, communicating, reading, and major bodily functions.

“Qualified individual” means an individual who, with or without reasonable accommodation, can perform the essential functions of the employment position that such individual holds or desires.

“Reasonable accommodation” may include making facilities used by employees readily accessible to usable by individuals with disabilities. It may also include job restructuring, a part-time or modified work schedule, reassignment, acquisition or modification of equipment or devices, appropriate adjustment or modification of examinations, training materials or policies, the provision of qualified readers or interpreters, and other similar accommodations.

“Undue hardship” means an action requiring significant difficulty or expense when considered in light of the following factors: the nature and cost of the accommodation; the impact of such accommodation upon the budget and operation of CNM; the overall financial resources of CNM; the overall size of CNM with respect to the number of its employees; the number, type, and location of CNM’s facilities; the composition, structure, and functions of CNM’s workforce; and the geographic separateness, administrative, or fiscal relationship of the facility or facilities in question to CNM.

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12.19 Space Heaters and Personal Appliances

Effective: 7/12/16

The use of space heaters in any College building is strictly prohibited. Refrigerators, coffee pots, and other personal appliances may not be used in an employee’s individual work space in accordance with CNM’s Environmental Sustainability and Climate Neutrality Plan. Desk fans are not subject to this policy. These restrictions are necessary to reduce energy consumption around the College and, in the case of space heaters, to eliminate a potential fire hazard. Any unauthorized use of space heaters or personal appliances shall be reported to the Physical Plant Department (PPD).

Enforcement of this policy is the responsibility of supervisors. Custodial and maintenance staff will report unauthorized space heaters and personal appliances discovered in the course of their work. PPD will notify the supervisor, dean, or director responsible for the area where the unauthorized space heater or personal appliance was discovered and removal must occur within three (3) business days of such notice. The Safety Department will follow-up with the appropriate supervisor, dean, or director to ensure that removal has occurred.

Where an emergency impacts a building’s HVAC system, PPD may temporarily issue College-owned space heaters.

12.20 Safety and Environmental Health Programs

Effective: 9/15/16

The College’s Safety and Environmental Health Department ("Department") is charged with developing and communicating general and environmental health programs (“programs”). The purpose of such programs is to provide safety guidelines to all faculty and staff in order to ensure a safe and healthy work environment. Program content must be approved by the appropriate vice president and, upon approval, shall be made available on the Department’s web page.

Program changes or additions shall be communicated to the College via CNM News Link. Approved programs shall be reevaluated every three years unless otherwise required by law.

12.21 Employee Debt Collection

Effective: 10/11/16
Revised: 01/09/24

As a public institution in the State of New Mexico, CNM is obligated to make every effort to collect all outstanding debt owed to CNM by current and past employees, subject to the appropriate statute of limitation. Failure to attempt to collect such outstanding debt violates the Anti-Donation Clause of the New Mexico Constitution. See N.M. Const., Art. IX, Section 14. 

In adherence to our institutional policies, employees are expected to fulfill any financial obligations owed to the institution. This includes the timely repayment of debts, fostering a culture of fiscal responsibility and maintaining the integrity of our community college.  We appreciate our employees’ participation in upholding these standards. 

A. Employee Debt

Examples of outstanding debt an employee may owe to the College include, but are not limited to: 

  • Overpayment of wages
  • Under-collection of employee-elected benefits
  • Tuition and fees
  • Parking violations
  • Library fines
  • Returned checks
  • Travel advances

This list is not exhaustive, and there may be other instances where CNM is required to collect debts. 

B. Collection Methods

CNM will offer flexible repayment plans to employees to help mitigate the financial impact of repaying the debt owed to the College. Employees experiencing financial difficulty will have the opportunity to communicate with Payroll to discuss repayment plan options.

Employees with outstanding debt to CNM will be notified via email and U.S. mail using their information in the College’s Human Resources system. Employees may contest the debt within fifteen (15) days of receiving the notice. Contesting employees can request a meeting with CNM representatives to clarify the debt calculation and present rebuttals. If the debt remains valid after the review, CNM may use any legal means for collecting employee debt, including, but not limited to, the following methods:

  • Issuing collection letters
  • Sending notices via e-mail
  • Attempt to contact employees by telephone
  • Use of a collection agency
  • CNM Accounts Receivable
  • Reporting to credit bureau 
  • Negotiating a payment plan

C. Separated Employees

In cases where employees depart from CNM before full repayment has been made, CNM shall continue to pursue the remaining repayment amount after separation. 

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