N.M. Code R. § 5.55.5.13 - COMPLAINTS RELATED TO THE TRANSFER OF COMMONLY NUMBERED COURSES
A. Institutions
shall establish appropriate policies and practices for receiving and resolving
complaints from students or other complainants regarding the transfer of
commonly numbered courses. Such policies shall include at least the following
components:
(1) Complainants shall be required
to first seek resolution of their complaint directly within the
institution.
(2) A time frame
within which the institution will investigate the complaint and respond to the
complainant shall be specified.
(3)
The institution shall assure that an impartial party will be involved in
consideration of the complaint.
(4)
The institution shall assure that no adverse action will be taken against the
student or complainant as a result of registering the complaint.
(5) The institution shall identify the
department as the agency to be contacted in cases where the complaint remains
unresolved.
B. When a
student or other complainant contacts the department with a complaint, the
department will require that the complaint be submitted in writing. The
complaint must include a summary of the process followed by the complainant in
an attempt to resolve the complaint through the institution's internal
procedures.
C. Following receipt of
a written complaint, the department will contact the relevant institution to
ascertain whether or not the complaint is bona fide, that is, whether or not
the institution's internal complaint process has been followed sufficiently to
warrant filing of the complaint with the department.
D. Upon determination that the complainant
has not followed the institution's internal process to a sufficient extent, the
department shall refer the complainant to the institution to follow the
institution's complaint procedure.
E. Upon determination that the complaint is
bona fide, the department will request a response to the complaint from the
institution, summarizing its position and justification for its course of
action. Such response shall be provided in writing to the department within 10
business days of receipt by the institution.
F. The department will conduct an analysis of
the complaint, considering all information submitted by both parties, and may
at its discretion solicit additional information relevant to the complaint. The
analysis will be consistent with the general principles and other
specifications of 5.55.5 NMAC.
G.
The department will render its decision as to the appropriateness of the
actions of the parties to each complaint. If a student's articulation complaint
includes commonly numbered courses or courses contained in a meta-major or
transfer module and is upheld, the receiving institution shall reimburse the
student the complete cost, including tuition, books and fees, of each course
the student was required to repeat at the receiving institution.
Notes
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