8. SEXUAL MISCONDUCT POLICY

Sexual misconduct may include sexual assault, domestic violence, dating violence, physical sexual abusive behavior, intimate partner violence, stalking.

Consistent with the Regent Policy 1C, Principles of Ethical Behavior, The University of Colorado recognizes that people are the most important resource in accomplishing its mission in the areas of teaching, research, community service, and patient care. The University of Colorado values academic freedom, diversity, and respect for all persons. The university is committed to the principle of non-discrimination and does not tolerate harassment on any basis, including sex, race, ethnicity, religion, gender, sexual orientation, gender identity, gender expression, age, political affiliation, or political philosophy. University employees are expected to treat colleagues, co-workers, and students with respect, professionalism, and dignity in all interactions and communications.

University of Colorado Administrative Policy Statement on Sexual Harassment Policy and Procedures provides that the University will not tolerate acts of sexual harassment or related retaliation against or by any employee or student. Harassment may occur between any combinations of members of the campus community: student, faculty member, staff member and administrator. It is intended that individuals who violate this policy be disciplined or subjected to corrective action, up to and including termination or expulsion.

UCCS Student Code of Conduct.

The Student Code of Conduct prohibits any form of sexual misconduct, harassment and discrimination.  This policy is contained in Appendix I of the UCCS Student Code of Conduct at
http://www.uccs.edu/dos/student-conduct.html.

Violence Free Campus.

UCCS does not tolerate behavior, whether direct or indirect, that is violent, threatens violence, harasses or intimidates others, or is disruptive to the work or educational environment or UCCS's ability to provide services to the public ("Violent Behavior"). Violent Behavior can include: physical acts, oral or written statements (including emails, text messages, and postings on social media sites), gestures, or expressions. Individuals who engage in Violent Behavior may be excluded from campus or campusevents, and may be subject to disciplinary action including suspension, dismissal, or termination from employment. All UCCS Faculty, Staff, Students and Administrators are responsible to abide by UCCS Violence Free Campus policy: http://www.uccs.edu/Documents/vcaf/policies/100-007ViolenceFreeCampusRev10412.pdf. This policy prohibits violent behavior in the UCCS campus community and provides procedures to follow in reporting violent behavior, concerns about situations which could become violent and reporting discrimination and harassment. To report emergency or life-threatening Violent Behavior, emerging or potential threats occurring on campus, call the UCCS Department of Public Safety by dialing (719) 255-3111. Anonymous reports of Violent Behavior may be made through CU Ethicspoint. This third-party service can be reached by calling (800) 677-5590 or online athttps://secure.ethicspoint.com/domain/en/report_custom.asp?clientid=14973 . Do not use this site to report events presenting an immediate threat to life or property. Reports submitted through this service may not receive an immediate response.

a. Statement Addressing Responding to Sex Misconduct

The University recognizes that sexual assault is against the law, is prohibited by the UCCS Student
Code of Conduct, and will not tolerate such acts on campus. The University Police will
investigate all allegations of sexual assault and will take appropriate disciplinary, criminal, or
legal action. If you become the victim of a sexual assault at this institution, your first priority
should be to get to a place of safety. It is important that you seek help immediately.

If the respondent in a report of sexual harassment, sexual assault, discrimination or related retaliation is a student, the University conducts dual, simultaneous investigations under the Student Code of Conduct, the University of Colorado Sexual Harassment Policy and Procedures ("Sexual Harassment Policy") and/or the UCCS Discrimination and Harassment Policy ("Discrimination and Harassment Policy"), as applicable.  If the respondent in such a report is an employee, the Office of Discrimination and Harassment ("ODH") (719) 255-4324, may conduct an investigation according to the Sexual Harassment Policy and/or the Discrimination and Harassment Policy.         

For more information, see Appendix I of the UCCS Student Code of Conduct at
http://www.uccs.edu/dos/student-conduct.html and the Sexual Harassment Policy at

https://www.cu.edu/ope/efficiency-and-effectiveness/presidents-task-force-efficiency/aps-5014-sexual-harassment-policy.

To report emergency or life-threatening Violent Behavior occurring on campus, call the UCCS Department of Public Safety by dialing (719) 255-3111. To report an emerging or potential threat is a non-emergency situation, but a situation in which an individual has reason to believe may become violent, call the UCCS Department of Public Safety by dialing (719) 255-3111. Reports of discrimination or harassment should be made to the ODH at (719) 255-4324. To report any medical emergencies occurring on campus, call 911 from a campus phone. Using the campus phone will simultaneously alert the Department of Public Safety.

Sexual Assault is knowingly inflicting sexual intrusion or sexual penetration on a victim,
whether by an acquaintance or by a stranger, that occurs without indication of consent of both
individuals, or that occurs under threat or coercion. Sexual assault can occur either forcibly
and/or against a person’s will, or when a person is incapable of giving consent. A person is
legally incapable of giving consent if intoxicated by drugs and/or alcohol; if developmentally
disabled; or if temporarily or permanently mentally or physically unable to do so.

The majority of sexual assaults that occur in campus communities are committed by people
known by their victims, such as casual acquaintances through academic, living, work, social,
or recreational interactions, including dating. Often, these types of assaults are not reported to
University Police or available victim service agencies because people do not think that when a
friend or acquaintance subjects them to unwanted sexual intercourse or contact, this is sexual
assault. Victims should report any incident of sexual assault or attempted sexual assault immediately to Campus Police Department at (719) 255-3111, or by dialing '911' from any campus telephone. The University Police will investigate all allegations of sexual assault and will take appropriate criminal or appropriate investigatory action.   

b. Statement on Sex Offenses

      I. Education and Prevention

The University is committed to your safety and, as such, has implemented sexual offense
prevention programs as well as personal empowerment programs to assist you in preventing a
sexual assault. The programs promote your awareness of rape, acquaintance rape, and other
forcible and non- forcible sex offenses. These programs are given several times throughout
the year, with dates made public at the beginning of each semester and announced at new
student orientations. For a full listing of sexual assault education and prevention programs,
please refer to section 6 “Security Awareness, Crime Prevention & Education” beginning on
page 19 of this document,

      II. Procedures victims should follow if a sexual misconduct, sexual harassment, domestic violence, dating violence, stalking, discrimination or related retaliation occurs:

1. If you are the victim of a sexual misconduct and there is immediate danger, get to a safe place and call the UCCS PD immediately at (719) 255-3111. If you are the victim of a sexual assault in the City of Colorado Springs, call the city police by dialing 9-1-1.

2. Contact someone you trust to be with you and support you: a family member, friend, roommate, etc.

3. For your safety and well-being, immediate medical attention is encouraged. Further, being examined as soon as possible, ideally within 120 hours, is important in the case of sexual assault. University or city police will transport you to an area hospital where only qualified medical professionals will examine and collect evidence from your person.

The hospital will arrange for a specific medical examination at no charge. To preserve evidence, it is recommended that you do not bathe, shower, douche, eat, drink, smoke, brush your teeth, urinate, defecate or change clothes before that exam. While it is recognized that this is a normal reaction on the part of most sexual assault victims, it will destroy vital evidence necessary in prosecuting the criminal offense. Even if you have already taken any of these actions, you are still encouraged to have prompt medical care. Additionally, you are encouraged to gather bedding, linens or unlaundered clothing and any other pertinent articles that may be used for evidence. Secure them in a clean paper bag or clean sheet. In addition, trained rape crisis counselors may be called to assist you and provide you with counseling and support.

Time is a critical factor for evidence collection and preservation. An assault should be reported directly to the UCCS PD, CSPD, or to a Residence Life and Housing staff member. UCCS personnel will assist any victim of sexual assault in reporting the crime to the proper authorities. Filing a police report with a UCCS police officer will not obligate the victim to prosecute, nor will it subject the victim to scrutiny or judgmental opinions from officers. Filing a police report will:

      •§  ensure that a victim of sexual assault receives the necessary medical treatment and tests. Collection of physical evidence is of no cost to the victim, whether they choose to file charges or not.

      •§  provide the opportunity for collection of evidence helpful in prosecution, which cannot be obtained later.

      •§  ensure that the victim has access to confidential counseling from counselors specifically trained in the area of sexual assault crisis intervention.

4. You will be treated with fairness, respect, and dignity during all phases of the criminal justice process. Both the UCCS PD and the CSPD will keep you informed during all phases of the case including investigation, filing of charges, prosecution, trial and sentencing.

5.  Consider securing immediate professional support to assist you in the crisis. University personnel in counseling, student support services, and student life are available to assist you in reporting a crime to the police, upon request.  Even after the immediate crisis has passed, consider seeking support from the University Counseling Center  (719) 255-3265, the University Student Health Center  255-4444 or the Rape Crisis Center (719) 633-3819.

6. Contact the UCCS PD at (719) 255-3111 if you need assistance with other concerns, such as no-contact orders or other protective measures. The UCCS PD will also assist in any needed advocacy for those who wish to obtain protective or restraining orders with local authorities. 

c. Information on options to notify authorities

Reporting an incident of sexual assault, domestic violence, dating violence or stalking is a difficult yet important decision. Making a report might help with recovery, provide support and services, and prevent the offender from assaulting someone else. If safety is your primary concern, it is important to contact the UCCS PD at (719) 255-3111. If you are the victim of a sexual assault in the City of Colorado Springs, you can call the city police by dialing 9-1-1.  

The victim of an alleged sexual assault, a threatened sexual assault, other sexual offenses, domestic violence, dating violence or stalking on campus has several options that may be pursued individually or in combination with other options:

1. To get immediate crisis counseling (24 hours a day) contact the Rape Crisis Center at (719) 633-3819.

2. To file criminal charges with the police department. (In this case, the victim will likely be interviewed by police investigators and if the case goes to trial, will likely be called to testify in court).

3. To file a civil lawsuit or restraining order request against the accused. (In this case, the victim may need a private attorney to assist with these options, and the victim will likely be required to give testimony in court.)

4. To file charges against an accused assailant through the institution's process. If the victim chooses this option, he or she can expect:

      a. To be interviewed by an official designated by the institution, who will develop a written incident statement and explain the complaint and disciplinary process;

      b. To be notified whether the charge will result in a hearing following the preliminary review by the institution's officials;

      c. To give testimony and to answer questions about the case before an official or board, the accused and an advocate for the accused, should the charge result in a hearing;

      d. To be afforded those rights available to the accused as outlined in the institution's specific student code of conduct or employment policies;

      e. That both the victim and the accused will be informed of the outcome, except when prohibited by law, of any hearing that may take place;

      f. That the incident may be referred for criminal prosecution independent of the institution's internal process.

5. Inform institution officials without filing formal charges. However, the institution may have a legal obligation to investigate the incident and take action against the accused. In that case, the victim can have the same expectations as described in subparagraphs 4.a-f above.

6. Make an anonymous report to a campus official without including student identifiers.

7. You also have the right to decline to notify authorities.  Victims are not required to report an incident to law enforcement authorities, but campus authorities will assist victims who wish to do so. A student wishing to officially report such an incident to campus authorities (rather than law enforcement) may do so by contacting the University Counseling Center        255-3265. Anyone with knowledge about a sexual assault is encouraged to report it immediately. Any supervisor who witnesses or receives a written or oral report or complaint of discrimination, harassment or related retaliation that occurs in UCCS employment and educational programs and activities, shall promptly report it to the Office of Discrimination and Harassment (719) 255-4324.

d. Procedures for addressing and investigating sexual misconduct, sexual harassment, discrimination or related retaliation and disciplinary action.

Procedurally, when UCCS receives a report of sexual assault, sexual harassment, discrimination or related retaliation, a campus Title IX Coordinator will be notified, along with ODH.   When a report of stalking, dating violence and/or domestic violence involves a student, the Dean of Students is notified.  If the victim wishes to access local community agencies and/or law enforcement for support, UCCS will assist the victim in making these contacts.

The Dean of Students and/or Title IX Coordinators will offer assistance to victims in the form of opportunities for academic accommodations, changes in working situations and other assistance as may be appropriate and available (such as no contact orders, campus escorts, transportation assistance, targeted interventions, etc.). Options can also be discussed for managing academic issues while maintaining privacy as sometimes experiencing a sexual assault or other form of sexual misconduct can compromise concentration, ability to focus on school, or feeling able to get to class.  With the assistance of the Office of Residence Life and Housing, options can be discussed for a change of housing to include moving the alleged perpetrator, if they live in UCCS Housing Villages.

No victim is required to take advantage of these services and resources, but UCCS provides them in the hope of offering help and support. A summary of rights and options is provided to all victims. The victim will be connected with a counselor on- or off-campus, should he or she wish. 

If a report or complaint of sexual harassment/assault, discrimination or related retaliation involves a student respondent, ODH and the Office of the Dean of Students will determine the most appropriate means for addressing the report or complaint. If the respondent is not a student, this determination will be made by ODH.  Options for resolution include: 1) investigating the report or complaint; 2) resolving the situation through an informal resolution process including but not limited to mediation or a meeting between the alleged offender and a student conduct officer or a third party; or 3) determining that the facts of the complaint or report, even if true, would not constitute a violation of the conduct code or applicable policy. Mediation will not be used in cases where there is an allegation of sexual assault.

In a formal investigation of a sexual harassment/assault, discrimination or retaliation case, ODH will follow the procedure outlined in the Sexual Harassment Policy, which can be found at the following link: http://www.cu.edu/ope/aps/5014 .  There is no appeal of the investigation findings under the Sexual Harassment Policy.  There may be an appeal for the sanctions imposed, depending on the policies of the appointing/disciplinary authority.

If the investigation involves a student respondent, ODH will conduct an investigation under the Sexual Harassment Policy while the Dean of Students conducts a simultaneous investigation under Appendix I of the Student Code of Conduct, which can be found at the following link:  http://www.uccs.edu/dos/student-conduct/student-code-of-conduct.html.   These two investigations are conducted jointly. There is no appeal of the investigation findings under Appendix I of the Student Code of Conduct.  There may be an appeal of the sanctions.    

If UCCS receives a report of stalking, dating violence or domestic violence, the Dean of Students will conduct an investigation under the Student Code of Conduct, which can be found at the following link: http://www.uccs.edu/dos/student-conduct/student-code-of-conduct.html.    A student may appeal a conduct determination which will consist of a review of the existing record by a different authority.  The appeal must be filed within five business days of the decision, and an appeal will only be granted if the procedures were not properly followed, the sanctions are inappropriate, or there is new evidence that could not have been presented at the time of the original decision.

All reports or complaints will be provided for in a prompt, fair, and impartial investigation and resolution. Investigations may lead to the imposition of sanctions, based upon a preponderance of evidence (what is more likely than not), upon an accused individual. Proceeding shall be conducted by officials who receive annual training on the issues related to domestic violence, dating violence, sexual assault, and stalking and how to conduct an investigation that protects the safety of victims and promotes accountability. The accuser and the accused are entitled to the same opportunities to have others present during an institutional disciplinary proceeding, including the opportunity to be accompanied to any related meeting or proceeding by an advisor of their choice.

The Title IX Coordinator is ultimately responsible to assure in all cases that the behavior is brought to an end. UCCS acts to reasonably prevent its recurrence and the effects on the victim and the community are remedied.

The investigation and resolution conducted by UCCS are maintained confidentially. Information is shared internally between administrators who need to know, but a tight circle is kept. Where information must be shared to permit the investigation to move forward, the person bringing the accusation will be informed. Privacy of the records specific to the investigation is maintained in accordance with Colorado law and the federal Family Educational Rights and Privacy Act of 1974 (FERPA) statute. Any public release of information to comply with the timely warning provisions of the Jeanne Clery Act will not release the names of victims or information that could easily lead to a victim's identification. 

In any complaint of sexual assault, stalking, dating violence, domestic violence or other behavior covered under the federal law, Title IX, the person bringing the accusation and the responding parties are entitled to the same opportunities for a support person or advisor of their choice throughout the process, including any meeting, conference, hearing or other procedural action. Once complete, the parties will be informed, in writing, of the outcome, including the finding, the sanctions (if any) and the rationale therefor. Delivery of this outcome will not be delayed to either party, and should occur as nearly simultaneously as possible, without unnecessarily bringing those in conflict into close proximity to each other.

All parties will be informed of their rights during an investigation. Should any change in outcome occur prior to finalization, all parties will be timely informed in writing, and will be notified when the results of the resolution process become final.   

e. Sanctions that may be imposed following disciplinary proceedings.

A student who is found to have committed sexual assault on or off-campus is subject to immediate suspension, or dismissal. If a student is accused of sexual assault s/he is subject to action in accordance with the UCCS Student Code of Conduct, which can be found at the following link: http://www.uccs.edu/dos/student-conduct/student-code-of-conduct.html.  For offenses including sexual harassment, discrimination, related retaliation, domestic violence, dating violence and stalking, sanctions range from warnings through expulsion. These may include: Educational sanctions (community service, research paper, workshop, etc.), residence hall reassignment or termination, restriction of University services, compensation to a victim, probation, suspension, and expulsion. Possible sanctions for students resulting from the University disciplinary process range from a warning to suspension to expulsion and exclusion from the University. The Student Code of Conduct prohibits retaliation against any party involved in a Student Conduct investigation. For more information, see Appendix I of the UCCS Student Code of Conduct at http://www.uccs.edu/dos/student-conduct.html. http://www.uccs.edu/dos/student-conduct/possible-sanctions.html.   Possible sanctions for faculty and staff range from an oral warning, to corrective action up to and including termination. Serious and violent incidents and acts of non-consensual sexual intercourse may result in suspension, expulsion or termination of employment. Discipline is determined by a respondent's disciplinary authority, and not by ODH. 

Sanctions imposed must be based upon a consideration of all the circumstances in a particular case, mitigating and aggravating circumstances may be considered. Repeated violations are likely to result in progressively severe sanctions and one or more may be imposed. It is important to note that in all cases, the judicial officer and conduct body reserve the right to use their discretion in determining the appropriate sanction for a case, which could include lower or higher sanctions than the prescribed guidelines. All decisions regarding responsibility and appropriate sanctions will be given in writing. Both the complainant and the respondent shall be informed of the outcome of the corrective action or disciplinary process.  

f. Support for Victims

Students who are victims of sexual offenses have access to various confidential counseling options with staff that are specifically trained in the area of sexual offenses and crisis intervention. Victims of sexual offenses can be seen confidentially through the University Counseling Center (UCC). Counseling appointments can be made by calling UCC at (719) 255-3265 or by coming to 324 Main Hall in person. Normal clinical service hours are 9am-5pm, Monday through Friday. If you are in a crisis after normal business hours, please contact Public Safety at (719) 255-3111 (if on campus) or contact the AspenPointe Mental Health Crisis Line at (719) 635-7000. Consultations are available by appointment or by phone. UCC hours vary by semester so please call to find out the current office hours. For any concerns that aren't immediate please contact via email at counsel@uccs.edu.

There are a number of options and rights that victims/survivors have available to them should they choose to report sexual misconduct to their school. These include:

  • Inform victim/survivor of available grievance procedures, how to file a formal complaint within the institution, provide a clear and complete explanation of the complaint process, provide information on the protocol for reporting to campus police, provide the police protocol once information is received.
  • Provide appropriate referral (with victim/survivor's permission) to the Office of Discrimination and Harassment, responsible for investigation of employee sexual misconduct, if the perpetrator is a faculty or staff member.
  • Ensure victim/survivor knows that their identity will remain confidential unless they are willing to reveal identity through a formal complaint. Discuss the institution's confidentiality policy, reporting requirements, and opportunity for anonymous reporting.
  • Provide an anonymous report of the incident, date and location for Clery Act reporting (the Clery Act is a federal law that requires anonymous statistical reporting of a number of crimes including sexual misconduct. The numbers appear in an annual crime report).  

Individuals who are victims of sexual assault, domestic violence, dating violence, or stalking (and those accused of the above) are entitled to the following, regardless of whether the victim chooses to report the crime to campus police or local law enforcement or whether the offense occurred on or off campus:

    • Assistance with changes in on-campus housing and academic arrangements as needed
    • Assistance in changing working situations
    • To be informed of the status of the case at any time
    • To have counsel or a support person present throughout the investigation
    • A timely adjudication process without unnecessary delays
    • To have a closed/confidential investigation
    • To be informed of the outcome of the investigation

ALL EFFORTS WILL BE MADE TO PROTECT THE VICTIM AND WITNESSES FROM THREATS, HARASSMENT, AND INTIMIDATION BY THE ALLEGED ASSAILANT AND/OR THE ALLEGED ASSAILANT'S FRIENDS. Police records will redact victim identifying information, to the extent allowed.