New Mexico Administrative Code
Title 5 - POST-SECONDARY EDUCATION
Chapter 99 - DISTANCE EDUCATION
Part 1 - PUBLIC AND PRIVATE POST-SECONDARY INSTITUTIONS OPERATING UNDER THE INTERSTATE DISTANCE EDUCATION ACT
Section 5.99.1.19 - COMPLAINTS UNDER SARA

Universal Citation: 5 NM Admin Code 5.99.1.19

Current through Register Vol. 35, No. 18, September 24, 2024

A. SARA member institutions offering distance education to a student enrolled under SARA, shall be subject to the complaint procedures set out in 5.99.1.19 NMAC and the SARA manual. New Mexico home state SARA member institutions shall adopt complaint procedures for SARA students to allow SARA students to seek resolution to complaints or grievances. The SARA member institution shall have and make available to all enrolled SARA students, the adopted complaint procedure that describes in detail, how SARA students may register a complaint or grievance, how the SARA member institution will investigate the complaint, and how the SARA member institution will attempt to resolve the complaint. Such policies shall at a minimum include the following components:

(1) requirement that students with complaints or grievances against an institution first seek to resolve their complaint or grievance directly with the institution;

(2) a timeframe within which the institution will investigate and respond to the complainant, pursuant to the SARA manual;

(3) assurance that the representative of the institution investigating or addressing the complaint will serve as an impartial representative and is not directly involved in the subject matter to which the complaint is related;

(4) assurance that no adverse action will be taken against the complainant for registering the complaint; and

(5) identification of department as the New Mexico portal entity to be contacted in cases related to complaints resulting from distance education courses or activities offered by New Mexico home state SARA member institutions to students in other SARA states or territories and include the mailing address, website, and phone number for the department and the same contact information for other SARA portal entities.

B. New Mexico home state SARA member institutions shall retain records that make available the student complaint received and record of processing the complaint (that comports with the institution's policies and procedures for handling grievances or complaints) for a minimum of three years.

C. The initial responsibility for the investigation and resolution of complaints resides with the SARA member institution. A student not satisfied with the outcome of a complaint or the institution's handling of the complaint process, may submit the complaint to the department for review. The department shall not engage in any complaint resolution procedures unless a student has exhausted all complaint procedures set by the SARA member institution or can demonstrate the SARA member institution's refusal to utilize its complaint resolution procedures. If the student can demonstrate all complaint procedures of the SARA member institution have been exhausted and the student is not satisfied with the outcome, the department shall administer complaint procedures set out in the SARA manual.

D. Complaints regarding student grades or student conduct violations shall be governed entirely by institutional policy and shall not be reviewed by the department. Complaints containing allegations of fraud, abuse, or consumer protection violations, rising to the level of violation of state or federal law, as demonstrated through substantial evidence (evidence of such weight and quality that it is sufficient to persuade a reasonable person to support the allegation asserted), shall be reported to law enforcement, the United States department of education, the institution's accreditor, or any other applicable oversight entities.

E. Upon receipt of a student complaint, the department shall determine whether the complaint meets initial criteria to permit use of the department's and SARA's complaint procedures. The following initial complaint criteria must be satisfied:

(1) A student must file a complaint with the department within the timeframe set in the SARA manual.

(2) The complaint must be made to the department in writing utilizing the designated complaint form published by the department. The student may include supporting documentation or evidence related to the complaint. The department may request additional documentation from the student, as needed, to conduct an initial assessment.

(3) The complaint must detail and provide evidence that the student has exhausted all complaint procedures at the institution.

(4) The complaint must raise an issue that can be addressed pursuant to the SARA manual.

(5) The department is the appropriate portal entity to handle the complaint pursuant to SARA guidelines.

F. If the department determines the complaint meets the initial complaint criteria, it shall administer the SARA complaint procedures set out in 5.99.1.19 NMAC and the SARA manual. Satisfaction of initial complaint criteria, in no way means the department has assigned greater weight to the student's allegations. If the department finds that the subject matter of the complaint falls within the investigatory purview of another entity, it may forward the complaint and cease further review (for example the office for civil rights).

G. In conducting investigation of the complaint, the department may request a response from the SARA member institution addressing the student's complaint. The complaint and any documentation provided by the student shall be sent to the SARA member institution with a request for a written response. The SARA member institution shall respond to any inquiry issued by the department. The SARA member institution may provide any supporting documentation or evidence to address questions or concerns raised by the complaint with its response. After considering the SARA member institution's response and any documentation or evidence supplied by the institution, the department may conduct further inquiry or may continue to serve as an intermediary for possible compromise between the parties. The department may seek additional clarifying information or supporting documentation from either party and may request additional responses from either party. If at any point, the student and the institution reach an agreed upon outcome, the department may help facilitate fulfillment of the outcome, as necessary.

H. If the department has received evidence to support potential violation of or a deviation from policy, regulation, or law through its inquiry, the department may refer the complaint to law enforcement, the United States department of education, the institution's accreditor, or any other applicable oversight entities for further investigation, as applicable to the type of potential violation or deviation. If the department determines, at any time, that questions raised by the complaint are alleviated or the complaint relates to grades or student conduct violations, it shall cease further inquiry into the complaint and inform the student that the complaint will be closed with no further action by the department.

Disclaimer: These regulations may not be the most recent version. New Mexico may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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