16.69 – University Related International Travel

PART 1: PURPOSE

New Mexico State University (NMSU) is a land grant institution that encourages international travel for faculty, students, and administrators to further educational opportunities, including experiential learning. This international travel includes, but not limited to, educational exchanges, study tours, conferences and seminars, research and scholarship programs, as well as technical assistance related projects. In the interest of safety and security of the persons traveling on university business or programs, the following operational policies are outlined herein.

PART 2: DEFINITIONS

1. International Travel Policy & Risk Oversight Committee:  An ad hoc advisory committee appointed by the provost and chief academic officer (Provost) consisting of, an odd number, individuals knowledgeable about international relations, risk management and student affairs and academic programs. (See also Part 4 below)
2. Traveler:  Any NMSU employee, student, affiliated faculty member, affiliate student, affiliate scholar and any third party traveling through an NMSU program. Students participating in Education Abroad are not considered Travelers for purpose of this rule. (See ARP 16.70 Education Abroad.)
3. University Related International Travel: International Travel that meets any one of the following criteria:
   1. funded by NMSU in whole or in part;
   2. within the course and scope of employment of the traveler as approved by the relevant supervisor;
   3. organized by NMSU and approved through Provost Office; or
   4. an essential component of an academic credit-bearing course at NMSU, as approved through the Office of Experiential Learning’s Education Abroad Office (Education Abroad).

PART 3: PROVOST’S OFFICE ROLES AND RESPONSIBILITIES 

1. International Travel Records:  The Provost’s Office is the repository on behalf of the university for the information relating to NMSU students, faculty, staff and affiliates traveling abroad. This role facilitates the Provost Office’s ability to monitor the global location of NMSU faculty, staff, and students that are abroad on University Related International Travel and to provide resources, support, or assistance as may be needed.
2. Issuance of Administrative Procedures:  As the responsible administrator, the Provost Office may authorize the issuance of administrative procedures to facilitate implementation of this operational policy. Informational guidance and forms relating to University Related International Travel is also available at Provost Office’s International Travel Procedures website.
3. Advisory Committee to Provost:  The Provost may call on the International Travel Policy & Risk Oversight Committee to convene as needed to provide review and recommendation on specific issues or on specific requests under review.

PART 4: INTERNATIONAL TRAVEL POLICY & RISK OVERSIGHT COMMITTEE ROLES AND RESPONSIBILITIES

A. Development, Maintenance and Cyclic Review of Administrative Procedures: The International Travel Policy & Risk Oversight Committee is established to develop and recommend Administrative Procedures associated with this operational policy, as well as to maintain and recommend updates. The administrative procedures will promote the health, safety, and security of Travelers and students participating in NMSU-sponsored international travel, as well as increase efficiencies in internal operations, and may take the form of guidelines, forms and other requirements.

B. Liaison to Provost for Safety and Security Issues:  The International Travel Policy & Risk Oversight Committee is responsible for advising the Provost concerning modifications to or cancellations of programs before or after departure when warranted by emergencies, crises, or health and safety concerns.

C. Role in Dispute Resolution:  The International Travel Policy & Risk Oversight Committee serves as an institutional review body that will review matters in which individuals may seek a waiver of university travel restrictions or wish to appeal a decision based on university travel restrictions. After review, the committee will issue a recommendation to the Provost. Applications for waiver and appeal decisions are made at the Provost sole discretion and are not subject to further appeal.

PART 5: TRAVELER’S ROLES AND RESPONSIBILITIES

If the student is participating in an education abroad program or if a NMSU employee is leading a Faculty Led International Program (FLIP), the student and employee should follow the application and enrollment process set forth in ARP 16.70 – Education Abroad, which will satisfy the requirements of this rule. Education Abroad is responsible for managing the application and enrollment process for students participating in education abroad programs and NMSU employees who lead or co-lead FLIPs. Travelers, as defined by this policy, must comply with the following:

A. Review of Travel  Policies and Procedures: Travelers should review the university’s general rules regarding travel. (See ARP 14.69 – University Related Travel Guideline; NMSU Business Procedures Manual, Section 5C.)

B. Health Insurance Requirement: Travelers must obtain travel abroad health insurance through the university’s authorized vendor (See NMSU Business Procedures Manual 5 C. 10.)

C. Export Control Compliance: Travelers must comply with applicable federal law relating to export controls and sanctions, including the Export Administration Regulations (EAR), the International Traffic in Arms Regulations (ITAR), and the Office of foreign Assets Control (OFAC) regulations, as they relate to the transfer of university equipment and technology. Travel with export-controlled commodities or to sanctioned countries requires that the appropriate U.S. government license is obtained before the travel is approved. The information on the completed travel forms will be reviewed for potential export compliance issues, and referred to the university export control manager when needed, to assist the Traveler in determining when exemptions to licensing apply and other actions that can be taken to prevent export violations.

D. Duty to Report Sexual Misconduct: Travelers are required in the event of alleged sexual misconduct, sexual violence, protected class discrimination or harassment, or related retaliation to report those matters to the Office of Institutional Equity (OIE) immediately and may do so using the OIE Online Reporting form or by calling 575-646-3635, or by emailing equity@nmsu.edu.

E. Travel to Locations Subject to Elevated Risk Advisories: Some circumstances may involve travel to destinations subject to a U.S. Department of State Travel Advisory Level 3 Reconsider Travel or Level 4 Do Not Travel, or a CDC Travel Health Notice of Level 3 Avoid Nonessential Travel (e.g. demands of the university’s contract or research obligations work with key partners, etc.).

1. 1. Employees: Any employee seeking approval for international travel to higher risk destinations must exercise due diligence, give careful consideration to the available information, and weigh the risks and benefits relative to the educational opportunity or business need for such travel. For all international travel to destinations subject to a U.S. Department of State Travel Advisory Level 3 Reconsider Travel or Level 4 Do Not Travel, or a CDC Travel Health Notice of Level 3 Avoid Nonessential Travel, each traveler must complete the Supplemental Information form. The International Travel Policy & Risk Oversight Committee will review the supplemental information, the U.S. Department of State’s Travel Alert or Travel Advisory associated with the specific destination and make a recommendation to the Provost who will approve or deny the proposed travel.
   2. Students: Absent permission granted by the Provost, student travel other than Student Education Abroad to a location subject to a U.S. Department of State Travel Advisory Level 3 Reconsider Travel or Level 4 Do Not Travel, or a CDC Travel Health Notice of Level 3 Avoid Nonessential Travel is prohibited. Student requests for such travel may be made by submitting a completed, signed Student Request for an Exception to Travel Warning form and the Supplemental Information form. The student must provide a justification for the travel, including steps that will be taken to mitigate the dangers or concerns mentioned in the U.S. Department of State’s Travel Alert or Travel Advisory as they relate to the program location, activities and related implications.
      1. The International Travel Policy & Risk Oversight committee will review the student’s travel justification, weigh the safety risks compared with the benefits associated with the proposed international travel, and make a recommendation to the Provost, which will approve or deny the request. If the request is granted, the student(s) must comply  with the requirements in Part 4 above, which will include execution of a Travel Waiver, Release and Hold Harmless form provided by the Provost Office.
      2. Absent approval by the Provost, the university will not fund student travel to destinations subject to U.S. Department of State Travel Advisory Level 3 Reconsider Travel or Level 4 Do Not Travel, or a CDC Travel Health Notice of Level 3 Avoid Nonessential Travel nor award academic credit or recognition for research or activities.

PART 6: NON-EDUCATION ABROAD GROUP TRAVEL 

1. 1. Program Leader Responsibilities: In addition to the Traveler responsibilities set forth above in Part 4, a program leader is responsible for the following:
      1. Obtaining approval from the supervisor and dean or designated administrator as specified by the sponsoring unit, department, or college;
      2. Submitting all required trip itinerary, lodging, and where possible, overseas  contact information in a timely manner to the Provost for the group and each Traveler, and any accompanying faculty, and staff;
      3. Follow any additional unit-level guidance or requirements for faculty, staff and student travel.
   2. Traveler Responsibilities: Travelers are responsible for:
      1. Participating in the orientation and other meetings organized by the program leader;
      2. Completing all additional agreements (such as financials and refunds) as required by the sponsoring unit.

PART 7: TRIP CANCELLATION OR MODIFICATION

1. 1. Potential for Travel Approval to be Revoked or Modified: Approvals granted for travel to destinations that subsequently become subject U.S. Department of State Travel Advisory Level 3 Reconsider Travel or Level 4 Do Not Travel, or a CDC Travel Health notice of Level 3 Avoid Nonessential Travel or other emergent circumstance may be revoke by the Provost, in consultation with the International Travel Policy & Risk Oversight Committee. If the prior approval is revoked, the Traveler or student participating in education abroad will be advised to return to NMSU or to some other destination.
   2. Refunds in Event of Travel Cancellation or Modification: If a Traveler received funding prior to the imposition of the U.S. Department of State Travel Advisory Level 3 Reconsider Travel or Level 4 Do Not Travel, or a CDC Travel Health Notice of Level 3 Avoid Nonessential Travel, and has not yet embarked on travel, the Traveler will be required to return the funding as directed by the Provost. If funds have been reasonably expended in furtherance of the activity before the issuance of the Travel Alert or Travel Advisory, the supervising/sponsoring unit head must consult with the Provost to resolve issues relating to potential refund or credit toward an alternate program. If the amount of the refund is disputed, the Traveler may request review by the Provost.