Q: What is Title IX?

The law states: No person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity receiving Federal financial assistance – Title 20 U.S.C. section 1681

Q: Do I have to make an appointment or can I walk in?

Appointments are not required. You can come in during office hours to speak with our staff.

Q: Must I report it to the police?

No, but we strongly encourage you to do so. If you feel like you are facing an immediate threat or harm, you absolutely should report to the police.

Q: Will my information be kept confidential?

The University will provide confidentiality to the extent as provided by law and University policy.

Q: What is Affirmative Consent?

• Affirmative, conscious, and voluntary agreement by all parties to engage in sexual activity.
• Consent can never be given by a party who is asleep, unconscious, incapacitated due to the influence of drugs, alcohol or medication, or unable to communicate due to a mental or physical condition.
• Consent cannot be implied, assumed, or inferred from silence or lack of protest or resistance.
• Consent can be revoked at any time, and sexual activity must stop.
• The existence of a dating relationship or sexual relations shall not alone be Affirmative Consent.
• It is the responsibility of each party involved in the sexual activity to ensure that the party has the Affirmative Consent of all other parties engaged in that sexual activity.

NM Stat §21-1-51 (2024)

Q: How do I get a restraining order?

A victim of domestic abuse, dating violence or sexual assault may petition the district court for an order of protection (restraining order). The necessary paperwork can be picked up and returned to the Roosevelt County District Court. The court clerk's office is located on the second floor of the facility.

• Roosevelt County District Court
  109 West 1st Street
  Portales, NM 88130
  575.359.6920

Q: If I choose not to report to the police, does this mean the University will not do anything?

No, the University will conduct an independent investigation on all reported Title IX allegations. The University takes all allegations of misconduct seriously. Violators may face administrative sanctions independent of or absent of criminal prosecution. The University may also utilize mutual no-contact orders and criminal trespass warnings to protect victims or potential victims of crime or misconduct.

Common Definitions

• Domestic Violence – a felony or misdemeanor crime of violence committed by:
  • A current or former spouse or intimate partner of the victim
  • A person with whom the victim shares a child in common
  • A person who is cohabiting with or has cohabited with the victim as a spouse or intimate partner
  • A personal similarly situated to a spouse of the victim under the domestic or family violence laws of the jurisdiction receiving grant monies [under VAWA]
  • Any other person against an adult or youth victim who is protected from that person's acts under the domestic or family violence laws of the jurisdiction
• Dating Violence – Violence committed by a person:
  • Who is or has been in a social relationship of a romantic or intimate nature with the victim
  • Where the existence of such a relationship shall be determined based on a consideration of the following factors:
    • The length of the relationship
    • The type of relationship
    • The frequency of interaction between the persons involved in the relationship
• Stalking – Engaging in a course of conduct directed at a specific person that would cause a reasonable person to:
  • Fear for his or her safety or the safety of others, or
  • Suffer substantial emotional distress
• Additional Terms (Right to Know)