44TH LEGISLATURE - STATE OF NEW MEXICO - FIRST SESSION, 1999

RELATING TO EDUCATION; PROVIDING ADDITIONAL DUE PROCESS TERMINATION PROCEDURES FOR PUBLIC POST-SECONDARY EDUCATIONAL INSTITUTION FACULTY AND STAFF.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

Section 1. Section 21-1-7 NMSA 1978 (being Laws 1897, Chapter 72, Section 5, as amended) is amended to read:

"21-1-7. REMOVAL OF FACULTY AND STAFF MEMBERS--COMPENSATION OF SECRETARY AND TREASURER RESTRICTED.--

A. No member of the faculty or staff of any [state] public post-secondary educational institution shall be removed [during the term for which he is elected or appointed] except for just cause, following notice and an opportunity for a hearing [under] pursuant to rules adopted by the board of regents [of his] or governing board of the public post-secondary educational institution.

B. In addition to policies and procedures adopted by the board of regents or governing board of each public post-secondary educational institution, the following minimum requirements shall be included in the rules regarding termination procedures for faculty and staff:

(1) faculty or staff members shall receive written notice of termination that shall include:

(a) reasons for the recommendation to terminate; and

(b) notice of the faculty or staff member's right to a hearing within a specified time before an independent body of the public post-secondary educational institution;

(2) after receiving notice of intent to terminate, the faculty or staff member may request a hearing that includes the following requirements before an independent body of the public post-secondary educational institution:

(a) the hearing shall be held within a specified time from the date of the notice of termination;

(b) discovery shall be allowed prior to the hearing, and evidence may be presented at the hearing;

(c) the public post-secondary educational institution shall have the burden of proving by a preponderance of the evidence that at the time of the notice of intent to recommend discharge, the public post-secondary educational institution had just cause to discharge the faculty or staff member; and

(d) the independent body of the public post-secondary educational institution shall render its decision within a specified time upon the conclusion of the discharge hearing; and

(3) faculty or staff members may appeal the decision of the independent body of the public post-secondary educational institution before an independent arbitrator at a de novo hearing that includes the following requirements:

(a) the hearing shall be held within a reasonable time from the date of the notice of appeal to the public post-secondary educational institution;

(b) discovery shall be allowed prior to the hearing, and evidence may be presented at the hearing;

(c) the independent arbitrator shall uphold the independent body of the public post-secondary educational institution's decision only if it is proven by a preponderance of the evidence that at the time the notice of termination was served on the faculty or staff member the public post-secondary educational institution had just cause to terminate the faculty or staff member;

(d) the sole remedies available shall be reinstatement or payment of compensation reinstated in full, subject to any additional compensation allowed other employees of like qualifications and experience employed by the public post-secondary educational institution and including reimbursement for compensation during the entire period for which compensation was terminated, or both, less an offset for any compensation received by the employee during the period the compensation was terminated;

(e) the decision of the independent arbitrator shall be final and binding on both parties and shall be nonappealable except where the decision was procured by corruption, fraud, deception or collusion, in which case it may be appealed to the court of appeals by filing a notice of appeal as provided by the New Mexico Rules of Appellate Procedure; and

(f) each party shall bear its own costs and expenses incurred by the appeal to the independent arbitrator.

C. No secretary or treasurer of [any state] a public post-secondary educational institution except those supported in whole or in part by United States appropriation shall receive any compensation as secretary or treasurer."