N.M. Admin. Code § 5.55.8.10

Current through Register Vol. 35, No. 21, November 5, 2024

Section 5.55.8.10 - COMPLAINTS RELATED TO THE STATEWIDE ADVANCED PLACEMENT EXAM POLICY

A. Institutions shall establish appropriate policies and practices for receiving and resolving complaints from students or other complainants regarding the transfer of general education curriculum. 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 shall investigate the complaint and respond to the complainant shall be specified.

(3) The institution shall assure that an impartial party is involved in consideration of the complaint.

(4) The institution shall assure that no adverse action shall 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 shall require that the complaint be submitted in writing. The complaint shall include a summary of the process followed by the complainant to resolve the complaint through the institution's internal procedures.

C. Following receipt of a written complaint, the department shall contact the relevant institution to ascertain whether the complaint is bona fide, that is, whether 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 shall 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 days of receipt by the institution.

F. The department shall 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 shall be consistent with the general principles and other specifications of 5.55.8 NMAC.

G. The department shall 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.

N.M. Admin. Code § 5.55.8.10

Adopted by New Mexico Register, Volume XXXIII, Issue 20, October 25, 2022, eff. 10/25/2022