Southwestern Indian Polytechnic Institute Albuquerque, New Mexico ...

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Specific requests for such changes should be directed to the Director of Housingand Recreation at (505) 346-2327.Procedures for Campus Disciplinary ActionSIPI’s Articles of Conduct, which applies to students on the SIPI campus, prohibitany form of sexual assault. SIPI conducts an administrative dispositiondisciplinary process for students, which is administered by the Director ofHousing and Recreation.Visitors to campus suspected of violating one or more of the Articles of Conduct,including sex offenses, as defined in the SIPI Student Handbook, are not subjectto SIPI’s administrative disposition process itself, but must follow applicable rulesof conduct on federal property, and are subject to arrest and prosecution underapplicable laws, as well as potentially being barred from returning to the SIPIcampus.Any victim of a sex offense committed on the SIPI campus by a SIPI student hasthe option of pursuing criminal charges against the alleged perpetrator of theoffense, as well as utilizing the administrative disposition process.Victims of sex offenses are encouraged to report the incident to appropriate lawenforcement authorities and to meet with SIPI’s Director of Housing andRecreation to discuss pursuing charges under the relevant Articles of Conduct.At that meeting, the victim of a sex offense is encouraged to be accompanied bya support person of their choice. Counselors from the <strong>Albuquerque</strong> Rape CrisisCenter or the District Attorney's Victim Impact Program are available toaccompany and assist the victim of a sex offense throughout the disciplinaryprocess.Selected Federal Statutes Regarding Sexual Offensesand Disciplinary ProceedingsUnder 34 CFR 668.46(b)(11)(vi)(A) and (B)1. The alleged victim of a sex offense and the alleged perpetrator are entitledto the same opportunities to have others present as advisors duringdisciplinary proceedings, and2. Both the alleged victim and alleged perpetrator will be informed of the finaldetermination of a disciplinary proceeding with respect to the alleged sexoffense and any sanction that is imposed on the accused.- 19 -
As described in SIPI’s Student Handbook, alleged victims in student disciplinaryproceedings have rights and responsibilities that are protected throughout thedisciplinary process. These rights and responsibilities are:Under 25 CFR § 42.1 General Principles(a) This part applies to every Bureau of <strong>Indian</strong> Education-funded school.The regulations in this part govern student rights and due processprocedures in disciplinary proceedings in all Bureau-funded schools. Tocomply with this part, each school must:(1) Respect the constitutional, statutory, civil and human rights ofindividual students; and(2) Respect the role of Tribal judicial systems where appropriate.(b) All student rights, due process procedures, and educational practicesshould, where appropriate or possible, afford students consideration ofand rights equal to the student's traditional Native customs and practices.§ 42.2 Individual student rightsIndividual students at Bureau-funded schools have, and must be accorded, atleast the following rights:(a) The right to an education that may take into consideration NativeAmerican or Alaska Native values;(b) The right to an education that incorporates applicable Federal andTribal constitutional and statutory protections for individuals; and(c) The right to due process in instances of disciplinary actions§ 42.3 Addressing alleged violations of school policies(a) In addressing alleged violations of school policies, each school mustconsider, to the extent appropriate, the reintegration of the student into theschool community.(b) The school may address a student violation using alternative disputeresolution (ADR) processes or the formal disciplinary process.(1) When appropriate, the school should first attempt to use theADR processes described in §42.4 that may allow resolution of thealleged violation without recourse to punitive action.- 20 -
Page 1 and 2: Southwestern Indian Polytechnic Ins
Page 3 and 4: Annual Disclosure of Crime Statisti
Page 5 and 6: e. Robbery 0 0 0f. Aggravated assau
Page 7 and 8: Arrests: Public propertyYear: 2004
Page 9 and 10: circumstances, confidential reports
Page 11 and 12: subject to arrest and prosecution u
Page 13 and 14: Alcohol and Illegal Drug Abuse Prev
Page 15 and 16: Definitions of Sex OffensesSIPI has
Page 17 and 18: The Security and Safety Manager hel
Page 19: Victim Impact ProgramOffice of the
Page 23 and 24: Education Act (Public Law 105-17);
Page 25 and 26: (1) Participate in disciplinary pro
Page 27 and 28: 9. Barred from the campus, except t
Page 29: The CSCPA also amends the Family Ed

Southwestern Indian Polytechnic Institute Albuquerque, New Mexico ...

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