Forcing or intimidating a person to touch another's intimate parts shall also constitute sexual contact. A student charged with sexual misconduct, including acquaintance or date rape, can be prosecuted under New Mexico criminal statutes and disciplined under the Student Code of Conduct. Even if the law enforcement authorities choose not to prosecute, the University can pursue disciplinary action. A violation occurs when there is participation in any kind of sexual misconduct by a student individually or in concert with others.
Threat is defined as an expression of intention to hurt, destroy, or punish the victim or another.
Where there is cause to believe that the University regulations prohibiting sexual misconduct have been violated, the University will initiate disciplinary action. Accusations of sexual misconduct will be investigated by the University Discipline Officer according to the Code of Conduct. If clear and convincing evidence is available to indicate that a student is guilty of sexual misconduct, or if guilt is admitted, the penalty for such misconduct may be as much as disciplinary suspension, dismissal or expulsion.