By Bob Gallagher /
NMSU Regents Chairman
In recent days we have read that the New Mexico State University Board of Regents should call President Michael Martin to account for his administration's handling of the complaints at the College of Health and Social Services. We have also been asked whether the university is serious about these allegations. Gov. Bill Richardson and I have discussed the allegations, and I want to share with the public some of the perspectives on these and other claims.
NMSU, just like other universities, has a policy manual that details the steps to be taken in situations in which faculty, students and staff members might need to file a grievance. We expect the president and his management team to follow these policies. And we expect any person with complaints to follow these policies, too.
In the above-mentioned case at the College of Health and Social Services, the grievance process has not been followed by the faculty members who were involved at the onset of these complaints. Only one grievance has been filed with the Office of Institutional Equity (OIE), but it has not come from the faculty members involved in the allegations. Contrary to what has been reported, OIE has made several attempts to encourage the faculty members to file complaints and has even extended filing deadlines. We expect President Martin and his management team to respond to faculty complaints, but this is impossible since no grievance has been filed and individuals have decided to discredit the system before giving the process an opportunity to address their allegations.
In relation to issues of discrimination, faculty, staff and students have several options to air grievances. If a grievance were filed with an external agency — such as the FBI, Equal Employment Opportunity Commission, State Police or the state attorney general — and those agencies requested assistance, we would expect Martin and his management team to help in any and all manners needed. That is impossible unless and until such an action has been granted by any of the above-mentioned agencies to the alleged impacted parties.
If a notice of litigation has been sent to and accepted by our university, we would expect Martin and his management team to respond to the allegations in accordance with the policy manual. That is impossible, since no such action has been taken.
Those who have leveled these serious allegations have chosen the path of least resistance by going to the press and having the media argue their cases in public. Such an approach is not found in our policy manual; it trumps the efficacy of our processes and has a chilling effect on individuals who might be afraid of using our processes to their advantage for fear of violation of their confidentiality and dignity.
Our university and many others have learned from Duke University not to take premature action based upon press reports and headlines, for fear of ruining people's lives or careers, or permanently scarring those involved and spending taxpayers' dollars without following a fair and equitable process.
In the case at the College of Health and Social Services, NMSU has taken the time, since the first complaint surfaced, to attempt to separate fact from fiction, allegations from lies, and to get to the bottom of these allegations, which I can assure you, we take extremely seriously. To some outside the university, our process may seem lengthy and complex. However, these processes are not optional or capricious; we have an obligation to adhere to them and they cannot be circumvented, despite pressure from the media.
President Martin and Executive Vice President and Provost Waded Cruzado have announced the formation of a task force comprised of regents professors and student leaders. These individuals are highly respected in their chosen fields, and more importantly, are peers of those who have made these allegations. The role of the task force is to examine this process with the intent of providing advice on the current situation and recommendations for the future. This will be a fresh approach to ensure accountability and credibility.
So, I trust this response answers those who would suggest that we are not serious or would prefer that regents micromanage the university — the policy manual be damned. We are proud of President Martin, Provost Cruzado and the human resource professionals that have begun this long but necessary process. I have assured the governor the established process will be followed, and that the outcome will provide the facts and that appropriate actions will be taken based on this information and not based on press clippings.
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