LEGAL POLICY (NMSU Travel Policy • Limits of Liability • Student Responsibility • NMSU Obligations • Legal Status while Abroad • Privacy Policy • Power-of-Attorney • Special Needs Students • Discrimination & Sexural Harassment • SIncome Taxes • Voting)

STUDENT TRAVEL OUTSIDE THE U.S., POLICY GOVERNING: Since safety is a prime concern for all who are involved in study abroad, and since the reduction of risk and institutional liability is important to the university, the university put in effect on January 1, 2003 the following policy to govern employee led or supervised study abroad travel activities. Students enrolled in regular study abroad programs, such as exchanges, are also subject to this policy, however there is no employee reporting requirement since this is handled through other means.
The policy reads as follows: "All NMSU main and branch campus faculty members or other employees who conduct, supervise, or in some other way facilitate the participation of NMSU registered students in field trips, courses, internships, research, or other activities that involve travel outside the U.S. are required to submit <the NMSU Study Abroad Agreement: Resident Student Travel Programs > form at least 30 days prior to the departure of the students. They also need to <have participating students fill out and sign the student data section of the Agreement>* so students may comply with pre-departure requirements for study abroad. <This form is available in a fillable PDF document (click link above) or may be obtained in printed form from the Office of Study Abroad.>*
This policy will assure that NMSU students traveling outside the U.S. while registered and earning credit from NMSU will be advised and oriented consistently as are those who already go on exchanges to earn transfer credit and are required to complete pre-departure orientation that covers health, safety, and other issues related to successful student travel abroad. The policy will also help the university reduce institutional liability related to endorsing study abroad by NMSU students.” Adopted 1-1-2003 (*revised periodically to reflect change in forms used).

LIMITS OF LIABILITY: The University cannot guarantee the absolute safety of students traveling abroad or ensure that risk will not at times be greater than at home. Nor can the University monitor the daily personal decisions, choices, and activities of individual participants that may violate local laws and norms of behavior. The university will consult with host institutions to encourage them to solve any student problems that may arise and to fulfill any terms of agreement that are in force. The University cannot intercede, however, to solve problems related to contracts for housing, meals and other services entered into independently by students. By signing any of the NMSU Study Abroad Agreements, students acknowledge that study abroad carries risks acceptable to them, that they will abide by all university policy governing study abroad, and that they will purchased the mandatory study abroad insurance (unless waived by the Office of Study Abroad).

STUDENT RESPONSIBILITY: Students studying abroad are expected to follow standards of conduct consistent with the maintenance of a positive reputation of themselves and the university and to abide by all applicable rules, regulations, and policies of NMSU and the host institution abroad. Students are required: • to comply with all participation requirements established by the University for the program, • to complete the academic requirements of the program in which they enroll, • to obtain required immunizations and carry medical and/or insurance coverage for travel abroad, and • to be aware of the safety challenges inherent in traveling abroad. Since students are officially registered at NMSU in study abroad status, conduct abroad that violates the Code of Student Conduct can result in judicial referral at NMSU. Students are also governed by the code of conduct in place at the host institution. Students must comply with the code of conduct established by the host institution, which has the right to remove the student from their program of just cause.

NMSU OBLIGATIONS: The Colleges and Departments of the University are responsible for approving student's study abroad programs and to assist them to identify equivalent courses for transfer credit or to approve courses for graded credit. The Office of Study Abroad is responsible for: • organizing predeparture orientation options so that all students are exposed to information that will help them study abroad safely and successfully • enrolling students in study abroad courses so they may receive financial aid • maintaining contact with students and providing e-mail access to staff to answer student's questions and respond to their concerns • receiving, verifying, and distributing foreign transcripts to the Colleges or Graduate School which will determine the final credit the student will receive for work completed successfully • conducting periodic site visits to evaluate programs and collecting program evaluations from students.

LEGAL STATUS WHILE ABROAD: Students must comply with the laws of the country in which they are studying or traveling. Since these laws differ from place to place, students can find up-to-date information about legal affairs in all countries by reading the U.S. State Department's STUDENT TRAVEL web pages . Students are subject to the laws of the country in which they study or travel which may be stricter or more lenient than those of the U.S., especially with regards to the use of alcohol and drugs. U.S. law does not supercede other countries' law, and students who have legal problems while abroad need to consult with the U.S. Consulate or Embassy for assistance.

PRIVACY POLICY: The Office of Study Abroad can only share with parents or guardians what the student has authorized us in writing to release or what is considered by law to be in the public domaine. Students can give their parents or guardians power-of-attorney that specifies what information the student wants them to have access to from the Office or the University.

POWER-OF-ATTORNEY: Students travel abroad should learn about power-of-attorney documents that allow others to help them in their absence from the campus and the country. General Power of Attorney (Sample)–A document a student should prepare and have notarized so that a trusted person in the U.S. can handle financial and legal affairs at the student's request while the student is abroad. Durable Power of Attorney for Health Care Decisions (Sample)–A document a student should prepare and have notarized so that a trusted person in the U.S. can handle medical decisions on behalf of the student abroad if the student is incapable of making these decisions.

SPECIAL NEEDS STUDENTS: Study abroad is open to all students. However, students with special physical or psychological support needs must check with the host institution to determine that these needs can be accommodated. If the needs cannot be accommodated, then the host institution does not need to accept a student. For more information about access to study abroad for students with special needs, contact Mobility International USA.

DISCRIMINATION & SEXUAL HARASSMENT: Students should report all incidents to the University so that these may be investigated and responded to in a professional manner. We need to know if the incident happened between the student and an NMSU employee, with an employee of a host institution, or in the community in which the student is living. All incidents reported will be investigated by appropriate university personnel.

INCOME TAXES: Make arrangements to have your W-2 form and other forms needed to file income tax sent to your Attorney-in-Fact (if you are away Spring Semester). You may obtain 1040 and other forms to file taxes at the U.S. Embassy or Consulate in your host country, or you may access most forms via the IRS Web site.  Also check with your state tax program.

VOTING: If you are of legal age to vote and want to vote absentee, be sure to make arrangements for an absentee ballot with your county election board, or to have your power-of-attorney do this for you. A good source for help with absentee voting is the Overseas Vote Foundation which has an online overseas voter registration tool, a voter help desk, a state-specific voter information director, a hot topics list, and links to nonpartisan organizations that offer candidate information for all states.