New Mexico Statutes
Article 3 - Certain State Post-Secondary Schools
Section 21-3-7 - [Powers of boards of regents; employment of superintendent or principal and teachers; courses of study; admission; nonresident tuition.]

Said boards of regents shall have full and complete power and control over their respective normal schools [universities]. Each board shall employ a superintendent or principal for such school who shall have the supervision and control of the school under such rules and regulations as may be provided by such board. Such board shall determine and provide as to what branches of learning shall be taught in such school and the classification and order of the same, and shall also direct the number of teachers that shall be employed, and shall determine the compensation to be paid to the superintendent and teachers. Such board shall also prescribe upon what terms and conditions pupils shall be admitted to such school, but no pupils shall be admitted who are not residents of this state, except on payment of a tuition fee to be prescribed by the board of regents for each term.
History: Laws 1893, ch. 19, § 6; C.L. 1897, § 3655; Laws 1899, ch. 18, § 4; Code 1915, § 4978; C.S. 1929, § 120-1908; 1941 Comp., § 55-2107; 1953 Comp., § 73-22-7.
Bracketed material. — The bracketed material was inserted by the compiler and is not part of the law.
N.M. Const., art. XII, § 11, as repealed and reenacted on November 8, 1960, changed the name of the New Mexico normal school to the New Mexico western college, which was again changed by constitutional amendment of November 3, 1964, to western New Mexico university. See 21-3-3 NMSA 1978. That constitutional provision also changed the name of New Mexico normal university to New Mexico highlands university. See 21-3-2 NMSA 1978.
Compiler's notes. — The last sentence, insofar as it relates to tuition, may be superseded by 21-1-2 NMSA 1978.
Cross references. — For tuition charges, see 21-1-2 NMSA 1978.
Employee must comply with internal grievance procedures. — An employee must substantially comply with mandatory internal grievance procedures contained in an employee manual or handbook before filing suit for breach of contract claims based on an alleged failure of an employer to follow its employment policies. Lucero v. UNM Board of Regents, 2012-NMCA-055, 278 P.3d 1043, cert. denied, 2012-NMCERT-004.
Where a university manager was terminated by the university; the manager did not follow the grievance process contained in the university's employee handbook by filing a grievance; the handbook governed the manager's employment with the university; and the manager filed an action in district court for breach of contract and wrongful termination alleging that the employee handbook created a contract and that the university breached the contract by failing to abide by the handbook's policies and procedures governing workplace performance, disciplinary action, a harassment-free workplace, employer-employee relations, progressive discipline and by disciplining the manager without just cause, the manager's claims were barred because the manager failed to exhaust the handbook's internal grievance procedures before filing the breach of contract action based on an alleged failure of the university to follow policies in the handbook. Lucero v. UNM Board of Regents, 2012-NMCA-055, 278 P.3d 1043, cert. denied, 2012-NMCERT-004.
Am. Jur. 2d, A.L.R. and C.J.S. references. — 15A Am. Jur. 2d Colleges and Universities §§ 5, 11, 17, 19, 21, 23, 33 to 35.
Mandamus to compel enrollment or restoration of pupil in state school or university, 39 A.L.R. 1019.
Validity and application of provisions governing determination of residency for purpose of fixing fee differential of out-of-state students in public college, 56 A.L.R.3d 641.
College's power to revoke degree, 57 A.L.R.4th 1243.
14A C.J.S. Colleges and Universities §§ 15 to 38.

Structure New Mexico Statutes