Policy

Contents

I.    Introduction

II.   Definitions

III.  Scope

IV.   Reporting Prohibited Conduct

V.    The College’s Response to Reports of Prohibited Conduct

VI.   Resolution Procedures of Reports of Prohibited Conduct Other than Title IX Sexual Harassment

VII.  Appeal Process of Determinations Resolving Non-Title IX Sexual Harassment Complaints

VIII. Miscellaneous

Colorado College is committed to providing an environment free from discrimination and harassment based on race, creed, color, religion, national or ethnic origin, disability, veteran status, age, marital status, genetic information, sex, sexual orientation, gender, gender identity or expression or perceived gender, pregnancy, or any other status protected under local, state or federal law; and sexual misconduct, including but not limited to, sexual violence, such as partner, dating and domestic violence, sexual assault, sexual exploitation, and stalking. The College prohibits and does not tolerate discrimination and harassment against students, faculty, staff, applicants for admission or employment, and visitors in its education programs and activities, employment practices or public accommodations. To further this commitment, the College prohibits retaliation against anyone participating in an investigation of alleged violations of this Policy or in any related proceeding, including a criminal proceeding or a proceeding with a government agency.

The College requires all faculty and staff, except confidential resources, to promptly report conduct that may violate this Policy to the Title IX Coordinator or one of the Deputy Title IX Coordinator. The College also strongly encourages students, applicants for admission and employment, and visitors to promptly report to the College conduct that may violate this Policy. Additionally, in the case such conduct may be criminal in nature, the college encourages individuals to report it to law enforcement if they feel safe and comfortable doing so. Even when a report is not made, the College will promptly and appropriately address conduct it becomes aware of that may violate this Policy. In the case of Title IX Sexual Harassment, when the College has actual knowledge of Title IX Sexual Harassment in its education programs or activities against a person in the United States, as articulated in the Title IX Sexual Harassment Grievance Procedures (hereinafter referred to as the “Title IX Procedures”), it has an obligation to investigate and/or remedy prohibited conduct. Whenever a report of conduct prohibited by this Policy is received, the Title IX Coordinator or Deputy Title IX Coordinator will assess the allegations and assist the reporting party in initiating the desired or necessary grievance process, as described in more detail in this Policy.

An alleged violation of this Policy will be investigated and remedied in accordance with the procedures of this Policy or, when appropriate, the Title IX Procedures. The College retains sole discretion to take appropriate action, depending on the facts and circumstances of any particular situation and consistent with applicable law. The College is committed to procedures that are equitable for the reporting party (and the subject of an alleged violation if not the reporting party) and the responding party. The College strives to impartially and reliably investigate alleged violations of this Policy and take prompt and appropriate action when violations are found to have occurred so as to prevent their recurrence and remedy their effects.

Individuals who engage in discrimination and harassment in violation of this Policy will be subject to disciplinary and other remedial action under this and other applicable policies. Conduct that violates this Policy may also violate certain criminal and civil laws, including but not limited to Title VI and VII of the Civil Rights Act of 1964, Section 504 of the Rehabilitation Act of 1973, the Americans with Disabilities Act of 1990, the Age Discrimination Act of 1967, the Age Discrimination Act of 1975, Title IX of the Education Amendments of 1972, and the Violence Against Women Act, all as amended.

This Policy does not create any contractual rights between the College and any individual, including but not limited to students, faculty, staff, applicants or visitors. This Policy may be interpreted, applied or amended at any time at the sole discretion of the College and this version of the Policy supersedes all prior versions.  If there is any variance between departmental or other policies and expectations in any other financial or administrative policies concerning the content of this Policy, this Policy will control.

To the extent any of the following definitions overlap, the intent is that they be construed broadly and be illustrative in nature of the conduct prohibited by this Policy. If you have questions about these definitions or would like further explanations of these definitions, please contact the Title IX Coordinator or Deputy Title IX Coordinator.

A. Consent means each person involved in sexual activity has given knowing, willing, free, and clear permission to engage in the sexual activity or contact. Consent is an active and affirmative process. For more information on the College’s requirements regarding consent, see “Sexual Misconduct,” Section III.C.3 of this Policy.

J. Sexual harassment

K. Sexual misconduct includes but is not limited to sexual harassment and Title IX Sexual Harassment; sexual violence, which may include intimate partner, dating and domestic violence; sexual assault; sexual exploitation; stalking; and any other form of gender-based discrimination or harassment.

L. Sexual violence means the act of committing any unwelcome or unwanted physical activity or contact of a sexual nature toward another person without their active consent or when a person is incapable of giving active consent. Sexual violence may be committed by force, intimidation or coercion, or when a person is otherwise incapable of giving active consent (g., due to the person’s substantial impairment by drugs or alcohol, or because a physical or psychological condition or impairment otherwise impairs a person’s judgment). Sexual violence includes, but is not limited to, sexual or physical abuse or the threat of such abuse; intentionally violent and/or controlling or coercive behavior by a person against the other person; psychological abuse; or other types of conduct prohibited under this Policy. There are many types of sexual violence, including but not limited to the following:

1. Dating or Domestic Violence

a. Dating violence means violence committed by a person who is or has been in a social relationship of a romantic or intimate nature with the subject of the alleged violation as determined by (i) the length of the relationship, (ii) the type of relationship, and (iii) the frequency of the interaction between the persons involved in the relationship.

b. Domestic violence means violence committed by a current or former spouse of the other party or intimate partner, by an individual with whom the other party shares a child in common, by an individual who is cohabitating or previously cohabitated with the other person as a spouse or intimate partner, or by an individual similarly situated to a spouse of the other party (also known as common law marriage). Domestic violence also includes violence committed by one individual against the individual’s or the other party’s minor child.

O. Title IX Coordinator and Deputy Title IX Coordinator means the persons who oversee the College’s response to discrimination, harassment and retaliation reports and complaints, and other duties and responsibilities as required by law. The Title IX Coordinator and Deputy Title IX Coordinator and their contact information is:

A. Persons or Groups Covered by this Policy

This Policy protects any individual (or group) in connection with all the academic, educational, employment, extracurricular, athletic, and other programs of the College, whether those programs take place in a College facility or on campus, at an off-campus class, program or activity sponsored by the College, or on College-provided transportation. Additionally, the Policy protects any individual (or group) who experiences prohibited conduct off-campus when the conduct has continuing effects on the individual (or group) in the College setting.

C. Conduct Prohibited by this Policy

D. Applicable Grievance Procedures

Procedures

A. Time Limit for Making a Report : There is no statute of limitations for reporting a violation of this Policy to the College, however, the College strongly encourages individuals to report the incident as soon as possible to maximize the College’s ability to respond promptly and effectively. The timing of when an alleged incident occurred may affect the College’s ability to respond to the report, including whether a report will be investigated or dismissed.

B. Reporting Resources

If you have been subjected to, or have knowledge of, alleged conduct in violation of this Policy, including discrimination, harassment, sexual misconduct, or retaliation, there are a number of options available for you to pursue to seek remedy of and response to the alleged prohibited conduct, including: (1) reporting to campus security or law enforcement for immediate response, or reporting to the Sexual Assault Response Coordinator for immediate support; (2) confidential consultation with a privileged confidential resource; (3) consultation with a confidential resource; or (4) reporting the allegations to the College for investigation and/or remedy.

1. Emergency Reporting: If you or someone you know has been subjected to sexual misconduct or other behavior that may be criminal in nature or otherwise requires an immediate response, you are strongly encouraged to seek immediate assistance, including from law enforcement. If you need immediate assistance, please contact any of the following:

a. Colorado Springs Police Department : Call 911 (or 9-911 from an on-campus phone) for emergencies and (719) 444-7000 for non-emergency situations. If you are out of town and a situation arises, contact law enforcement in the jurisdiction in which you are located. Should an incident be reported to the police and simultaneously be reported to the College, the College will still investigate and resolve any reports made to the College under this Policy.

b. Campus Safety : For emergencies, call x6911 on campus or (719) 389-6911 off-campus. For non-emergencies, call x6707 on campus or (719) 389-6707 off-campus. You may also go to Campus Safety at 219 E. Uintah Street.

c. The Colorado College Campus Advocate (formerly SARC):

Campus Advocate

Phone: (719) 227-8101

Email: campusadvocate@253000xa.com

Office: 223 Yalich Student Services Center

Hours of availability: 9 a.m. - 5 p.m.

2. Privileged Confidential Resources

a. Consultation: If you are involved in a situation involving prohibited conduct, you may contact a privileged confidential resource who is a member of the College community to discuss the conduct at issue and the options available to you. Confidential resources can offer support such as, but not limited to offering personal counseling; finding and making referrals to community resources to assist with the issue; pursuing resolution of the issue through the College’s informal or formal procedures; and reporting to the local police. These confidential resources are referred to as “privileged” because state law legally prevents these individuals from disclosing to the College, making a report to the Title IX office, or in most cases, testifying in a criminal or civil proceeding about their communications with you without your consent or as otherwise or required by law (for example, if there is an imminent risk of serious harm or if you are under the age of 18 and they are mandated under law to make a report).

b. The Colorado College Campus Advocate (formerly SARC, Sexual Assault Response Coordinator): The Campus Advocate is a College staff member, experienced in working with situations involving gender-based discrimination, sexual harassment, and sexual violence, and serves as a privileged confidential resource for individuals who want assistance from the College in handling their situation. The College’s Campus Advocate and contact information is:

Campus Advocate

Phone: (719) 227-8101

Email: campusadvocate@253000xa.com

Office: 223 Yalich Student Services Center

Hours of availability: 9 a.m. - 5 p.m.

The Campus Advocate can explain your options in clear terms and help you in the decision-making process, including whether or not to report to the police or campus safety—which is your decision. The Campus Advocate can assist with the reporting of an incident to the police if an individual needs support or assistance in doing so. The Campus Advocate can also assist in the reporting of an incident to the College if requested to do so. The Campus Advocate also can arrange for transportation to a local hospital for a forensic examination by a trained professional, if desired, and the Campus Advocate can accompany a student, faculty member, or staff member to the hospital. The Campus Advocate may coordinate the effective implementation of supportive measures for students and employees who are impacted by sexual misconduct even if the party chooses not to file a report of sexual harassment to be resolved in accordance with the procedure of this Policy or the Title IX Procedures.

c. Student Health and Counseling Center: Students may contact the Student Health Center, which can be reached at x6384 or (719) 389-6384. Medical providers are available to assist you in a confidential manner with your medical and emotional needs. The CC Counseling Center can be reached at (719) 297 7233. Counselors and psychotherapy specialists are available to assist you in a confidential manner with your emotional needs. After hours and on weekends: you may call the Counseling Center number and press 1 to leave a non-urgent message; or press 2 to be immediately connected to a licensed counselor.

d. Chaplains: Anyone may contact a College chaplain. The chaplains can be reached at x6638 or (719) 389-6638. The chaplains can assist with emotional and spiritual needs.

e. Employee Assistance Program (EAP): Staff and faculty may access the EAP which provides counseling services for employees. They can be reached at Penrose-St. Francis, The Center for Behavioral Health at (719) 634-1825 or 800-645-6571.

3. Other Confidential Resources

Non-privileged Confidential Resources: There are other confidential resources available for information and support. They are not required by the College to disclose what you tell them or report prohibited conduct under this Policy unless: you authorize or request that they do so; there is an imminent risk of serious harm; or they are otherwise required by law to disclose or report what you tell them. These resources are not referred to as “privileged” confidential resources as there is no legal privilege that applies to them; therefore, it is possible that a resource considered “confidential” by the College could be required by a Court or by law to disclose what you tell them in a criminal or a civil proceeding. These confidential resources are as follows:

a. College Ombudsperson: Staff and faculty may contact the College Ombudsperson. She can be reached by phone at (719) 389-6110 or by email at tnagamatsu@253000xa.com. Her office is located at 210 E Dale Street.

b. Gender and Identity Development Specialist: Students may contact the College’s Gender and Identity Development Specialist at extension 6198 or (719) 389-6198. Their email is ngough@253000xa.comand their office is Worner Campus Center 205A.

c. Student Title IX Assistance and Resource Team (START)is a student-run organization that functions under the supervision of the Sexual Assault Response and Support Office. START members are trained to provide resources and information for students regarding Title IX at the College. They also provide information about other resources available on and off campus related to Title IX issues. Students may schedule an appointment by emailing START@ColoradoCollege.edu.

4. Requests for Confidentiality: There is further information about confidentiality below in Section III.F., including what happens if you report an incident to someone other than a privileged confidential resource or a confidential resource, or you request that your name not be disclosed to the responding party.

C. Filing a Report Alleging Conduct Prohibited by this Policy

1. Filing a Report: The College welcomes reports of prohibited conduct at any time, in our attempt to maintain a safe and productive educational community. If you want the College to investigate and remedy the allegations of prohibited conduct, then you can file an incident report by using the online reporting system, which is found here: http://coloradocollege.i-sight.com/portal

You can also call, email, or visit the Title IX Coordinator or Deputy Title IX Coordinator as follows:

Title IX Coordinator

AVP for Civil Rights and Title IX Coordinator

Phone: (719) 389-6881

Email: djensen2023@253000xa.com

Office: 214 E. Dale St. Unit 210

Deputy Title IX Coordinator

Assitant Director for Civil Rights and Deputy Title IX Coordinator

Phone: (719) 389-6886

Email: jisringhausen@253000xa.com

Office: 214 E. Dale St. Unit 210

2. Alleged Conduct by Title IX Coordinator or Deputy Title IX Coordinator: If you wish to report an incident that involves alleged misconduct by the Title IX Coordinator or the Deputy Title IX Coordinator, you may report such alleged incident to the Vice President for Student Life/Dean of Students, the Senior Vice President for Finance and Administration, or the President of the College, and they will determine the appropriate individual to oversee the investigation and handling of the reported incident in accordance with this Policy.

D. Individuals with Reporting Responsibilities

1. Responsible Employees: The Title IX Coordinator and Deputy Title IX Coordinator are responsible for the College’s response to discrimination, harassment, and retaliation reports and complaints, and other duties and responsibilities as required by law; shall receive reports of possible incidents of discrimination, harassment or sexual misconduct; and shall oversee the appropriate resolution procedures.

2. Mandatory Reporters: All employees of the College, with the exception of confidential resources as defined above, are mandatory reporters. Examples of mandatory reporters include but are not limited to faculty, extracurricular advisors, coaches, full or part-time staff, paraprofessionals, RAs, and Campus Safety Officers. Contractors and volunteers of the College are also encouraged to comply with reporting obligations.

3. Prompt Reports by Mandatory Reporters: Mandatory reporters must promptly notify the Title IX Coordinator or Deputy Title IX Coordinator of all known details related to a possible incident of discrimination, harassment, or sexual misconduct that is reported to them directly, indirectly, or through a third party, or that they may have observed. Mandatory reporters must report such information regardless of where the incident occurred. If an employee has a question about whether to report conduct, they should err on the side of caution and confer with the Title IX Coordinator or Deputy Title IX Coordinator.

4. Disclosure to Reporting Party: Mandatory reporters should make every effort to ensure that the reporting party understands: (1) the mandatory reporter’s reporting obligation and (2) the confidential and supportive resources available to the reporting party.

5. Limited Duty: Employees with reporting obligations under this Policy may not have the authority to institute corrective measures on behalf of the College and thus are distinct from “officials with authority” as such term is defined in the Title IX Procedures, but such employees are still responsible for notifying the Title IX Coordinator or Deputy Title IX Coordinator of a possible incident of sexual misconduct that is reported to them directly, indirectly, or through a third party, or that they may have observed. An “official with authority,” as elaborated in the Title IX Procedures are the following designated individuals:

• Vice President for Student Life / Dean of Students;

• Dean of the Faculty; and

• Senior Vice President of Finance and Administration

E. Other Reporters: While only mandatory reporters are required to report all incidents of discrimination and harassment to the Title IX Coordinator or Deputy Title IX Coordinator, all other members of our community (including students) are encouraged to report such incidents as well.

F. Mandatory Procedures: Reports of sexual misconduct that may constitute Title IX Sexual Harassment may trigger the College’s obligation to remedy the allegations in accordance with the Title IX Procedures regardless of whether the reporting party is willing to proceed with such process.

G. Confidentiality of Reports

1. Reporting obligations of mandatory reporters: Title IX Coordinator, Deputy Title IX Coordinator, officials with authority, and mandatory reporters have an obligation to report alleged violations of this Policy and may not be able to honor a request for confidentiality.

2. Confidential resources for sexual misconduct: The employees listed in Section B.2. and B.3. are not required to report your identity to the College. They may serve as either a privileged confidential resource or a confidential resource. You can talk with any of these resources before, during, or after deciding to go through the informal resolution process or formal resolution process.

3. Requesting confidentiality from non-confidential resources :

If a reporting party requests confidentiality (or requests to forego a formal resolution process) from someone other than a confidential resource, the College will assess such request in accordance with Title VII, Title IX, and any other applicable law.

The College will evaluate whether it can honor such a request while still providing a safe and nondiscriminatory environment for the College community. The College may elect to take all reasonable steps to investigate and respond to the allegations, including to prevent the recurrence of the conduct and to limit the effects of the conduct on the reporting party consistent with the request for confidentiality.

If a reporting party insists that their name or other identifiable information not be disclosed to the responding party and the College agrees to such request, the College’s ability to respond to the incident may be limited.

4. Clery Act Crime Reporting: The College is required by the Clery Act to report, without personally identifying information, the occurrence of various crimes, including certain sex offenses covered by this Policy. More information about the Clery Act can be found on the College’s website.

H. Immunity for Students – Reporting Certain Violations when Drugs and Alcohol are Involved: The College encourages students who may be the subject of an alleged violation of this Policy or witnesses to a violation to report incidents of alleged sexual harassment or sexual violence, including when drugs and alcohol are involved and such students are concerned about whether, by reporting the incident/concern, they will face disciplinary action based on their use of drugs or alcohol. The College may provide a reprieve from disciplinary actions for students who exhibit responsible and proactive behavior in reporting alleged sexual harassment or sexual violence or acting as a witness during the informal or formal resolution procedures of an alleged violation of this Policy, when such students were under the influence of drugs or alcohol during the incident. Additionally, if the College is investigating cases of sexual misconduct that occurs while the parties are under the influence of alcohol or drugs, the College will not also pursue alcohol and/or drug charges against the responding party except in cases where it is alleged that the responding party provided excessive drugs or alcohol with the intent to engage in sexual activity while the subject of the alleged violation was incapacitated.

A. Review of Report by Title IX Coordinator or Deputy Title IX Coordinator: Upon receipt of a report alleging a violation of this Policy, the Title IX Coordinator or Deputy Title IX Coordinator will then determine the appropriate action to take. You will be contacted to determine if you would like to explore informal resolution options or file a formal complaint or otherwise participate in an investigation.

1. Initiation of the Procedures of this Policy: The filing of a report and request for remedy from a reporting party may initiate the procedures of this Policy. If the reporting party chooses not to seek remedy in accordance with this Policy, then, at the discretion of the Title IX Coordinator, the College may remedy the alleged prohibited conduct in accordance with this Policy or other College policies or standards of conduct.

2. Filing of a Title IX Formal Complaint: If a report contains allegations of sexual misconduct that may constitute Title IX Sexual Harassment, a reporting party who was the subject of the alleged violation may file a formal complaint triggering the Title IX Procedures or the Title IX Coordinator may sign a formal complaint on behalf of the subject of the alleged violation. All formal complaints alleging Title IX Sexual Harassment will be remedied in accordance with the Title IX Procedures.

3. Consolidating Reports: If multiple complaints or reports are received involving some of the same involved parties or arising out of the same facts or circumstances, the College will determine whether such complaints or reports should be investigated together or separately.

4. Allegations Bifurcated from Formal Complaints Processed Under Title IX Procedures: If the Title IX Coordinator has determined it is necessary or advisable to bifurcate discrimination or harassment allegations in a formal complaint processed under the Title IX Procedures, then such allegations will be resolved in accordance with the procedures of this Policy. Notwithstanding the foregoing, the individual investigator selected in a Title IX Sexual Harassment Grievance Process may investigate all allegations concurrently so long as the investigative report applies the appropriate process, definitions, and standards for collecting and evaluating evidence for each type of alleged discrimination or harassment.

B. Interim Measures

1. Purpose and Scope: Interim measures are accommodations or remedies necessary and appropriate to prevent further discrimination, harassment, sexual misconduct, and retaliation and/or to protect an individual’s safety, physical and mental wellbeing, and rights. The College may offer interim measures to individuals involved in the enforcement of this Policy, including the reporting party, the responding party, and any witnesses. Individuals are also welcome to request interim measures but the College has sole discretion on whether and what type of interim measures to implement.

2. Types of Interim Measures: Interim measures include, but are not limited to:

a. Safety accommodations, which may include reporting to local police, or obtaining protection orders from a Court. If safety is an immediate concern, you are encouraged to contact Campus Safety or the Colorado Springs Police Department. See Section IV.B.1.

b. Modifying living arrangements, class schedules, extracurricular activities, or working arrangements;

c. Ordering the reporting and responding parties to have no contact with each other and/or other third parties;

d. Imposing action such as suspension;

e. temporarily removing a responding party (or counter-responding party) from campus;

f. providing support services, including academic support, counseling, disability services, and health and mental health services; or

g. offering targeted education related to the incident.

3. Implementation and Modification 

a. The College may implement interim measures at any time after receiving a report of a violation of this Policy.

b. Interim measures that impose on a responding party will not be implemented unless or until a threat assessment team has convened and determined that there is an immediate threat.

c. The College may modify, supplement or remove interim measures previously imposed at a time based on changed circumstances of the parties and the procedures invoked by this Policy.

d. A party will have an opportunity to respond to a proposed interim measure, unless (1) the interim measure does not meaningfully affect the other party; (2) providing an opportunity to respond threatens the safety of the College community; or (3) the College has sufficient information to warrant the immediate implementation of the interim measure.

4. Additional Support and Assistance for Reporting Parties: The Title IX Coordinator, the Deputy Title IX Coordinator, or the Campus Advocate may provide reporting parties with referral information as needed (whether or not there is a formal complaint) to access on- and off-campus services, including but not limited to counseling, academic assistance, housing, health services, mental health services, victim advocacy, legal assistance, visa and immigration services, assessments for no contact orders, and/or forensic sexual assault nurse examiner exams.

C. Other Violations : If a report regarding a student also alleges violations of the Student Honor and Community Standards Policies and Procedures or other College policies, those allegations may be investigated separately or may be resolved within the process articulated in this Policy, in the College’s sole discretion.

D. Available Resolution Processes : Generally, a report alleging a violation of this Policy will be resolved either through an “Informal Resolution Process” or a “Formal Resolution Process”.

1. Inquiry Only: After the receipt of a report alleging a violation of this policy, a reporting party may meet with the Title IX Coordinator or Deputy Title IX Coordinator to inquire about and receive supportive measures from the College without requiring any additional process of the report in accordance with this Policy.

2. Informal Resolution Process: An informal resolution process may be pursued, if the involved parties are interested in, and agree to participate. The informal resolution process is voluntary and may be stopped at any time by any involved party. If an informal resolution process is not pursued, a formal investigation and resolution process will be followed. For more information on this process, see the “Informal Resolution Process” below.

3. Formal Resolution Process: The formal resolution process involves an investigation and adjudication as described in “Formal Investigation and Resolution Process” below.

E. Continuation of Procedures Despite Change of Status : Once the procedures of this Policy have been initiated, the report will be investigated and/or otherwise resolved in a manner deemed appropriate by the College, even if the reporting party, the subject of the alleged violation (if not the reporting party), or the responding party leaves the College; provided, however, that the College may decide to resolve a case differently if the responding party leaves the College.

A. Supportive Measures: A reporting party may seek supportive measures from the College without requiring an investigation or resolution process. Such request shall be made to the Title IX Coordinator or Deputy Title IX Coordinator at the time of the filing of the report or initial meeting with the Title IX Coordinator or Deputy Title IX Coordinator.

B. Informal Resolution Process:

1. Initiation: Once a complaint is made or an incident has otherwise been reported, the informal resolution procedures may be pursued, if the involved parties are interested, and agree to participate in an informal resolution procedure. The parties may also contact the Title IX Coordinator or a Deputy Title IX Coordinator, the privileged confidential resources, or the confidential resources to explore pursuing informal resolution processes. The informal resolution procedures may be stopped at any time by any involved party. If informal resolution procedures are not pursued, the formal procedures will be followed.

2. Terms of Participation:

a. As the informal resolution process will not result in a final determination of responsibility, the College will offer an informal resolution process on a case-by-case basis. The informal resolution process may not be appropriate to resolve some allegations of discrimination, harassment, sexual misconduct that does not constitute Title IX Sexual Harassment, or retaliation. The informal resolution process may also not be appropriate when the incident reported is sufficiently serious to require immediate interim measures or emergency removal, if the allegations are subject to the Title IX Procedures, if resolution through the formal resolution procedures is required by law, or when the college has received prior reports of a similar nature involving the same individual.

b. In the College’s sole discretion, the parties can enter the informal resolution process at any time prior to proceeding with or while in pursuit of the formal resolution process.

c. After a report or complaint has been made but before parties agree to participate in the informal process, the College will fully disclose the allegations and the parties’ option to proceed with the Formal Resolution Process.

d. Informal resolutions may be documented in writing by the College.

3. Confidentiality: All aspects of the informal resolution procedures will remain confidential to the extent possible; however, the College cannot guarantee confidentiality in cases where such protection allows the behavior to continue, such that future harm is possible, or the College otherwise has an obligation to address the behavior or disclose it on a need-to-know basis.

4. Types of Informal Resolution Processes:

a. Facilitated Communication: The Title IX Coordinator, Deputy Title IX Coordinator, privileged confidential resources, confidential resources or other designated officials may facilitate communication with the responding party where the reporting party should not communicate directly with the responding party.

b. Facilitated Resolution: The Title IX Coordinator, Deputy Title IX Coordinator, privileged confidential resources, confidential resources or other designated officials may facilitate resolution for the reporting party.

c. Mediation: The reporting party and the responding party may discuss and attempt to resolve the matter informally with the assistance of a person the College designates as the mediator.

d. Other Processes: There may be other available informal resolution procedures. For example, a restorative justice approach may be used as an approach to address a complaint or report of prohibited conduct under this Policy.

5. Withdrawing from the Informal Resolution Process: The reporting party or the responding party may at any time—prior to reaching a resolution —end the informal resolution process and pursue the formal resolution procedures (described below).

C. Formal Resolution Process

1. Timeframe:

The College aims to promptly complete the formal resolution process. Generally, the College endeavors to complete the process within 60 days from the date a report is received. The reporting party and responding party will be kept apprised of the status and anticipated timeframes of the investigation. Stated timelines under the formal resolution process may be extended for good cause, including if the parties participate in an informal resolution procedure.

The timeframe for the appeal process is outside the 60-day timeframe, but any appeal will be conducted in a timely manner. Generally, the College will decide appeals within 15 days.

2. Receiving and Responding to Reports:

a. Written Notice:

(1) Initial Meeting Notice to Reporting Party: After the College receives a report, the College will notify the reporting party in writing within one business day, if possible, informing the party that the report has been received and inviting the reporting party to meet with the Title IX Coordinator or Deputy Title IX Coordinator who will review with the reporting party the allegations as well as the available resolution processes and will offer supportive measures.

(2) Initial Meeting Notice to Responding Party: After the College has met with the reporting party and has initiated the resolution process provided in this Policy, the College will notify the responding party in writing, informing the responding party that a report has been received and inviting the party to meet with the Title IX Coordinator or Deputy Title IX Coordinator to review the allegations and the resolution processes. The responding party will also receive information on supportive measures.

(3) Initial Notice of Allegations: Following initial meetings with the parties, the Title IX Coordinator or Deputy Title IX Coordinator will provide written notice to both the reporting and responding parties that will include: (1) the factual allegations in the report, (2) the initial provisions of this Policy (and any other applicable policy) alleged to have been violated, and (3) the College’s prohibition against retaliation. The scope of any investigation may expand from that which was initially described in the initial notice as new allegations arise out of the investigative process itself.

(4) The reporting party and the responding party are responsible for providing appropriate contact information to the College, if different than the contact information on file with the College.

b. Responding to the Allegations:

The responding party has the option to respond in writing to the notice of allegations and/or file a counter-report within 7 calendar days of receiving the notice of allegations. If a counter-report is filed by a responding party (also referred to as the counter-reporting party), the original reporting party (also referred to as the counter-responding party) will be notified in writing of the counter-report and will have 7 calendar days to respond in writing to the counter-report.

If no response is received, the formal resolution procedures will still move forward, unless the reporting and responding parties have decided to participate in an informal resolution process (as described above).

c. Prohibition on Bad Faith Reports:

Any report or counter-report that is filed in bad faith ( i.e., that lacks any reasonable basis and is intended to harass, embarrass or delay the other party) may be found to be retaliation against the reporting party, and may constitute a separate violation of this Policy.

If the investigator finds that a report or counter-report was brought in bad faith and that the allegations of misconduct were fabricated or malicious, they may recommend that the College impose sanctions on the reporting party or counter-reporting party. However, allegations of Policy violations cannot always be substantiated, and lack of corroborative evidence does not equate to bad faith on the part of the reporting party or the counter-reporting party.

3. Investigation Procedures:

a. Selecting an Investigator:

(1) The Title IX Coordinator or Deputy Title IX Coordinator will choose one or two impartial investigators from a list of trained faculty and staff or an external investigator to investigate the report.

(2) Unless the investigation is outsourced, for cases involving allegations asserted against staff members, at least one investigator will be a College staff member and for cases involving allegations asserted against faculty, at least one investigator will be a faculty member.

(3) For cases involving allegations asserted against the Title IX Coordinator or Deputy Title IX Coordinator, an appropriate investigator or investigators to investigate the report will be appointed by the Vice President for Student Life/Dean of Students, the Senior Vice President for Finance and Administration, or the President.

(4) For cases involving allegations regarding the President, the Senior Vice President for Finance and Administration, the Vice President for Student Life/ Dean of Students, or the Dean of the College, the Title IX Coordinator will contact the Executive Committee of the Board of Trustees. The Executive Committee will appoint an appropriate investigator or investigators to investigate the report.

(5) The College may, at its discretion, utilize external, trained investigators. Cases in which an external investigator may be used include, but are not limited to, cases in which there is a pending complaint or case filed with an external agency or court and cases which are complex.

b. Objecting to Investigators:

The name(s) of the investigator(s) will be disclosed to the reporting party and the responding party. If either party has objections to an investigator (for example, a party does not believe that the named investigator can be impartial), they must notify the Title IX Coordinator or Deputy Title IX Coordinator of their objection in writing within three (3) business days of being advised of the names of the investigators.

The College retains sole discretion on whether to replace any investigator originally chosen. If at any time during the subsequent investigation, the reporting party or responding party has concerns about the formal resolution process, they should contact the College’s Title IX Coordinator or Deputy Title IX Coordinator to discuss their concern.

c. Participating in the Investigation:

A party may choose whether to participate in the investigation. However, a party may not dictate the timing of their participation, may not delay their participation, or otherwise attempt to participate at the end of the process when the investigation is otherwise completed. If a party has been given a full and fair opportunity to participate in a timely manner, the Title IX Coordinator and the assigned investigator(s) may inform them that they may no longer participate.

In some cases, the College may end an investigation due to the lack of participation. Nevertheless, the College will comply with applicable law and take any remedial measures that are necessary in light of the circumstances.

The College prohibits anyone from knowingly making false statements or submitting false information during this grievance process. Such behavior may be found to be retaliation against the reporting party or constitute a separate violation of this Policy or other policies of the College for which the College may impose sanctions.

d. Right to an Advisor of Choice:

(1) Type of Advisor: The reporting party or responding party may have an advisor of their choice, who may be an attorney, to assist them throughout the formal or informal resolution process of reports initiated under the procedures of this Policy. The College can also provide the parties a trained process advisor.

(2) Limitations on Type of Advisor: A party alleged of violating College policies cannot serve as an advisor of choice to another party in the same matter. The parties cannot be advisors to each other.

(3) Role of the Advisor: The advisor is available to offer the parties support and information only and cannot actively participate in the investigation and adjudication process. The advisor may attend interviews or proceedings, but they may not speak, actively participate, disrupt or delay the proceedings. Advisors can communicate with the Title IX Coordinator and Deputy Title IX Coordinator but cannot communicate orally or in writing with the investigators or any other College official involved in the investigation and adjudication process.

(4) Limitations on the Actions of Advisors of Choice: Advisors of choice may not:

• Serve as a witness for a party; or

• Actively participate, directly address an investigator, decisionmaker or appellate decisionmaker or advocate on behalf of the student in any meetings or proceedings. Instead, a party may request a break during any meeting in order to consult with their advisor of choice.

(5) Removal of Advisors of Choice from Future Process: Any advisor of choice who is verbally abusive, disruptive to the process, or persists in trying to inappropriately and substantively participate in the process may be warned that their behavior is inappropriate and, if such behavior thereafter continues, such advisor of choice may be removed from the process and barred from future meetings and proceedings.

(6) Availability of Advisor of Choice for Scheduled Meetings: Without good cause, meetings will not be rescheduled due to a scheduling conflict of an advisor of choice; therefore, any party should select as their advisor of choice someone who will be available at the time and date of their meeting.

e. Confidentiality:

Confidentiality of the formal resolution procedures will be strictly observed, insofar as it does not interfere with the College’s (1) obligation to investigate reports or complaints appropriately, (2) ability to take necessary remedial action, or (3) ability to advise or report on a need-to-know basis. See Policy on Disciplinary Records and Reports of Sexual Harassment.

The College prohibits disseminating information or materials to persons not involved in the formal resolution procedures unless on a need-to-know basis or required by law.

4. Investigating Reports and Complaints

a. Gathering Evidence from the Parties

Once chosen, the investigator(s) will review the report or complaint as well as the response to the report or complaint and then conduct an adequate, reliable and impartial investigation into the allegations, including conducting interviews with the involved parties, obtaining and evaluating available relevant evidence, and gathering the names of potential witnesses and interviewing them. The parties may provide information to the investigator(s), including documents and the names of potential witnesses. Upon completion of all interviews, investigators will share their interview notes with the parties to ensure that such notes are accurate before preparing the investigative report.

b. Interviewing Witnesses

The investigator(s) may contact other witnesses. Interviews will only be conducted of witnesses with knowledge of the facts surrounding the alleged incident(s). The investigator(s) will not interview, and the College will not consider, witnesses who are presented solely for purposes of supporting or criticizing a person’s character or reputation. The number of witnesses interviewed in each case will vary depending on the facts; however, if a party offers more than ten witnesses, the investigators will strive to interview five or may request from the party a statement of relevance for each witness. The reporting party and responding party will be kept apprised of the status and anticipated timeframes of the investigation.

c. Creating the Investigative Report:

(1) Once the investigator(s) completes the investigation, the investigator(s) will prepare a document summarizing the pertinent facts.

(2) The summary, along with the statements provided by the reporting party and the responding party, will be separately shared with both parties. Each party may respond to the evidence and provide any additional evidence to the investigator(s) within the timeframe provided.

(3) The investigator(s) will then decide whether additional interviews or other fact-gathering is necessary before preparing their final written report. If any additional information is added to the investigation after the reporting and responding parties have responded to the evidence, the additional information will be shared with the parties before the investigation is completed.

(4) The final written report will include factual findings and recommended outcome as to whether the responding party/counter-responding party is responsible for violating this Policy or any other related Policy. The report may address the credibility of the parties and witnesses and will address how any credibility issues were resolved, if necessary.

(5) The written report will be submitted to:

• The Title IX Coordinator;

• The Deputy Title IX Coordinator; and

• The appropriate decisionmaker.

5. Resolving the Report :

a. Decisionmaker: The individuals assigned to perform the responsibilities of the decisionmaker are:

(1) The Vice President for Student Life / Dean of Students for reports asserted against students.

(2) The Vice President of People and Workplace Culture for reports asserted against staff.

(3) The Dean of the Faculty for reports asserted against faculty.

b. Reviewing the Investigative Report

(1) The appropriate decisionmaker will review the investigative report and any evidence presented with the report and decide whether a violation of Policy occurred. The standard of proof used to determine whether a violation of Policy has occurred is a “preponderance of the evidence” meaning that the evidence shows that it is more likely than not, or more than a 50% likelihood, that the individual is responsible for the violation.

(2) If the decisionmaker finds that the responding/counter-responding party violated this Policy or another related Policy, then they will impose one or more sanctions if one or more violations of Policy have been found.

c. Factors in Determining Sanctions: In determining sanctions, the decisionmaker may consider various factors, including but not limited to the following:

(1) The nature and severity of the conduct, including whether the conduct involved a single incident or repeated acts;

(2) The impact of the conduct on the reporting party (or counter-reporting party), other individuals and/or the community;

(3) The individual’s conduct history;

(4) How the College has sanctioned similar incidents in the past;

(5) Whether the responding party (or counter-responding party) has accepted responsibility and shown a willingness to modify behavior and repair harms caused; and

(6) Any mitigating or aggravating circumstances with respect to either party.

d. Possible Student Sanctions:

(1) The decisionmaker may impose sanctions, including disciplinary sanctions pursuant to the Student Community Standards and Conduct Procedures, up to and including dismissal, on a student or group of students who violated this Policy. Sanctions may fall into one of three categories:

• Primary Sanctions: Sanctions that require no action on the student's behalf but may affect their status with the college or limit their opportunities and privileges on and off campus, including but not limited to hosting, room selection, ability to maintain certain leadership roles, and ability to attend study abroad/courses taught off-campus.

• Secondary Sanctions: Sanctions that are designed to engage students in education, development, and/or self-reflection, or which are meant to repair harm or rebuild community trust.

• Group Sanctions: Sanctions imposed on a student organization that may impact the group's ability to function on campus as normal.

(2) The following are types of sanctions:

• Deferred Sanction: A sanction of suspension or dismissal may be deferred pending a student’s successful completion of conditions imposed by the Vice President for Student Life/Dean of Students; these conditions may include other sanctions.

• Disciplinary Probation: A formal notice that any additional findings of responsibility will likely result in suspension or dismissal from the College.

• Dismissal: Permanent exclusion from the College, its premises, and all of its activities.

• Educational Sanctions: Required attendance at an event or interview that is relevant to a specific topic. This is often accompanied by a reflection/research paper. Participating and completing relevant educational programs or training and paying the cost of such programs.

• Fine: A monetary sanction issued in the form of a charge to a student account or a deduction from the Housing & Conferences housing damage deposit.

• Housing Restriction: Official notice from the College that any additional findings of responsibility will likely result in relocation to a different (usually more supervised) residential community. Students sharing a room/apartment are responsible for the activities in that space and thus all students sharing a room/apartment may be placed on housing restriction, regardless of who was present at the time of an incident.

• Official Conversation: A documented conversation with a College official.

• Official Warning: A written notice from the College that the conduct is unacceptable.

• Persona Non-Grata: Prohibiting entry on campus (or at specific places on campus) and/or at College-related events, for a specific amount of time or indefinitely.

• Professional Assessment: A student may be required to attend an assessment with a counselor or other appropriate professional to assess if further action by the College is warranted. The sanctioned student will be responsible for the cost of the assessment. If assessment results indicate a need for further action or follow-up, the College may encourage the student to take those actions. Students not facing conduct sanctions may still be required to participate in an assessment if there are concerns for student well-being.

• Reflection/Research Papers: A document requiring critical analysis and articulation of a specified topic.

• Restitution: A monetary or service sanction required to pay for the cost of repairing or replacing physical damage or any other cost incurred as a result of the student’s conduct.

• Roommate Agreement: A mutually agreed upon written contract that students sharing a living space create and agree to uphold.

• Room Change: Relocation to a different (usually more supervised) residential community.

• Suspension: Exclusion from the College with the opportunity to rejoin after a designated time period. During a suspension, the student generally cannot participate in any College activities such as academic coursework, student employment, student activities, or College events. The student cannot be on College property for the duration of a suspension and will receive no financial refunds. Return to campus may be contingent upon completing specified requirements. Students who are suspended generally may not take classes at other institutions for credit. In rare cases, the Dean of the College, or their designee, may make an exception.

(3) The following additional sanctions may be imposed on a group of students:

• Disciplinary Probation: A formal written notice that any additional conduct violations could result in the suspension of the student group’s status.

• Social Probation: Limiting the student group’s social activities including, but not limited to, limitations on living units, Greek chapters, and student organizations.

• Suspension of Status: Suspending recognition, registration, or chartering of a student group.

(4) Student Withdrawal During an Investigation: If a responding party (or a counter-responding party) decides to voluntarily withdraw from the College during a pending investigation or adjudication process, the student’s record may reflect that the student withdrew during a pending investigation into prohibited conduct. Whether the student is eligible for re-admission or is allowed on campus thereafter depends on how the report is processed after the student’s withdrawal, including whether the student participates in the investigation and is found responsible for one or more Policy violations. If a responding party withdraws, the College will continue the investigation and determine whether to offer remedial measures to the reporting or counter-reporting party. The College reserves sole discretion to determine how to proceed when the reporting party or both parties withdraw from the College or otherwise leaves the College while a case is still open.

e. Continuing Effects: Even after a sanction is served, a reporting party may feel continuing effects of the incident. The College retains discretion to address continuing effects by instituting reasonable supportive measures.

f. Possible Employee Sanctions:

(1) At the College’s sole discretion, after following any applicable policies and procedures, appropriate sanctions may be imposed on faculty and staff including, but not limited to, the following:

• Verbal Warning

• Written Warning

• Performance Improvement Plan

• Suspension

• Termination

(2) Employee Departing During an Investigation: If an employee who is a responding party (or a counter-responding party) decides to resign or otherwise leaves the College during a pending investigation, the employee’s personnel record may reflect that the employee withdrew during a pending investigation into prohibited conduct. Whether the employee is eligible for re-hire or is allowed on campus thereafter depends on how the report or complaint is processed after the employee’s departure. The College may continue the investigation, and it reserves sole discretion to determine how to proceed when either party leaves the College while a case is still open, including whether to take any remedial measures against the reporting or counter-reporting party.

g. Written Decision: The responding party and reporting party will be notified of the final decision in writing. The notice will be in sufficient detail to enable the parties to understand the outcome and to decide whether to appeal.

h. Remedial Measures: The College will take any remedial measures that are necessary to remedy the effects of any discrimination, harassment, sexual misconduct, or retaliation, including cases where a responding party is a visitor or other third party, over whom the College has at least limited authority. If the College does not have the jurisdiction to take action against an alleged responding party, the College may still provide remedial or interim measures to the reporting party and/or other affected parties.

A. Grounds for Appeal

After a formal investigation and resolution process is completed, either party may file an appeal of the final determination of responsibility for violation of this Policy only under the following circumstances:

1. New and Relevant Evidence: New and relevant evidence that was not reasonably available at the time the decision was made could alter the outcome.

2. Failure of Investigative or Decision-Making Process: Allegations that an investigator or decisionmaker deviated from the Policy in a way that substantially altered the outcome of the case.

3. Bias in Investigative or Decision-Making Process: Evidence that an investigator or decisionmaker was biased or had a conflict of interest, and such bias or conflict of interest affected the outcome of the case.

B. Appeal Procedure

1. Submitting an Appeal: If either party wishes to appeal, they must submit an appeal in writing on the College-provided form (available through this link) to the Title IX Coordinator within seven calendar days of receiving the decisionmaker’s written decision (not including the date of receipt) outlining the basis for the appeal. Each party is limited to submitting one appeal per case.

2. Suspending Sanctions: Sanctions will be suspended pending the outcome of the appeal. All sanctions will take effect upon the expiration of the deadline for an appeal or the issuance of the final decision by the appellate decisionmaker.

3. Decisionmakers on Appeal: The following individuals or their respective designees will be the designated “decisionmaker on appeal”:

Appeals by students will be decided by the Vice President for People and Workplace Culture.

Appeals by faculty will be decided by a member of the President’s Office.

Appeals by staff will be decided by the Vice President for Student Life/Dean of Students.

4. Dismissing Groundless Appeals: The appellate decisionmaker may, after reviewing the appeal, deny the appeal without further process if the appeal is groundless—i.e., the appeal is not based on the grounds specified above. In such a case, both parties will be notified of the decision, and the party who did not submit the appeal will be provided a copy of the appeal, but they will not need to provide any response.

5. Non-Appealing Party’s Response: If an appeal is not denied without further process, the non-appealing party will receive a copy of the appeal and must respond to the appeal within the designated time period.

6. Reviewing the Appeal: The appellate decisionmaker may decide the appeal themselves or designate three individuals to sit as an Appeal Panel to review the appeal and make a recommendation on its outcome. The College retains sole discretion to decide whether to appoint an Appeal Panel.

The appellate decisionmaker or Appeal Panel will review the appeal materials and may interview the investigator(s) or any other person that participated in the investigation and decision-making process.

7. Reaching a Final Decision: If an Appeal Panel has been appointed, it will make a recommendation on the outcome to the appellate decisionmaker. The appellate decisionmaker will make a final decision on the appeal and is not bound by the recommendation of any Appeal Panel. The decision may include, but is not limited to:

a. The original decision may be upheld, modified or reversed (which includes the possibility that different or additional sanctions may be imposed);

b. The case may be referred to the same or different investigator(s) for additional investigation; or

c. The case may be referred for some other appropriate resolution.

8. Final Decision on Appeal: The College will send a written notice to both parties of the decision on appeal. No further appeal process is available.

C. Post-Decision Follow-Up

1. Monitoring: If, as a result of these procedures, a party is found responsible for a violation of this Policy, then the Title IX Coordinator or the applicable Deputy Title IX Coordinator will periodically follow-up with both parties, as necessary but at least through the applicable sanction period, to ensure that the prohibited conduct has ceased, no acts of retaliation have occurred, and otherwise to address any issue that may arise.

2. Continuing Effects: Even after a sanction is served, a reporting party may feel continuing effects of the incident. The College retains the discretion to address continuing effects by instituting reasonable supportive measures.

A. Education and Training of College Community: In addition to their other duties and responsibilities under this Policy, the Title IX Sexual Harassment Grievance Process, and applicable law, the College’s Title IX Coordinator and the Deputy Title IX Coordinator have the responsibility of educating students, faculty, and staff regarding this Policy, and the nature and negative consequences of discrimination, harassment, and retaliation. Their responsibilities also include: conducting workshops for students, faculty, and staff; training members of the College community involved in the enforcement of this Policy, including investigators, Appeal Panel members, and others to ensure that they understand the Policy, applicable law, and their obligations in enforcing this Policy; and training students, faculty, and staff about how to identify and report alleged discrimination, harassment, and retaliation, and active bystander intervention techniques, to include watching out for the safety and well-being of College community members.

B. Recordkeeping and Reporting: With respect to records created and maintained in response to a report received by the College alleging a violation of this Policy, the College will comply with all recordkeeping obligations required by applicable law as specified in the Records Policy: Retention and Disposition of Records and the Policy on Disciplinary Records and Sexual Harassment Investigations.

C. Confidentiality: The College will keep confidential the identity of any individual who has made a report or complaint of sex discrimination, including any individual who has made a report or filed a formal complaint of sexual harassment, any complainant, any individual who has been reported to be the perpetrator of sex discrimination, any respondent, and any witness, except as may be permitted by the FERPA statute, 20 U.S.C. 1232g, or FERPA regulations, 34 CFR part 99, or as required by law, or to carry out the purposes of this Policy—i.e., 34 CFR part 106.

D. Allegations Related to Academic Freedom: If allegations are made about faculty conduct in the classroom and in other academic contexts that may implicate academic freedom, the Title IX Coordinator may consult with the Dean of the College and/or the Dean of the Faculty regarding any issues of academic freedom.

E. Disability Accommodation : If you need an accommodation based on a disability, you should contact Accessibility Resources (located at Armstrong Hall, Room 211, 719/227-8285), the ADA/504 Coordinator, or the Director of Human Resources (if you are a faculty or staff member).

F. Religious Accommodation : If you need an accommodation based on your religion, you should contact the Office of Student Life if you are a student, or the Director of Human Resources if you are a faculty or staff member.

G. Filing with External Agencies: You may be able to file a complaint with the Colorado Civil Rights Division, the U.S. Equal Opportunity Commission, or the U.S. Department of Education’s Office for Civil Rights. Information regarding filing a complaint with any of these agencies may be obtained from the Title IX Coordinator or Deputy Title IX Coordinator.

H. Questions about this Policy: If you have questions about the College’s Nondiscrimination and Anti-Harassment Policy and Procedures, you should contact the Title IX Coordinator or a Deputy Title IX Coordinator or any of the advisors listed in the informal resolution procedures section of this Policy.

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