Law / United States / New Mexico

Post-secondary institutions' affirmative consent policies must protect the confidentiality of parties and witnesses in investigations

NMSA 1978, Sec. 21-1-51 (policies and procedures addressing affirmative consent; protections in investigations)

In force since .

A sensitive categories rule binding public and private bodies.

Obligation class
Governance

What it requires

  • If you are a public or private post-secondary educational institution in New Mexico, include in your affirmative consent policies and procedures appropriate protections, including confidentiality, for the parties and witnesses involved in any investigation of offending conduct (NMSA 1978, Sec. 21-1-51(B)(1)).

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What this law does

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Research summary

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A public or private post-secondary educational institution in New Mexico must adopt policies and procedures addressing affirmative consent, and those policies must include appropriate protections in any investigation of offending conduct of the parties and witnesses involved, including confidentiality.

The section covers a public, private, nonprofit or for-profit educational institution operating in this state that is legally authorized to award a vocational or technical certificate or a degree at an associate level or above with a physical presence in this state. The section was enacted by Laws 2024, chapter 34, and took effect on .

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