University of Colorado Colorado Springs
Student Code of Conduct
Click on the following links to expand more information or download the PDF version below:
The purpose of the Student Code of Conduct is to maintain the general welfare of the University community. The University strives to make the campus community a place of study, work, and residence where people are treated, and treat one another, with respect and courtesy. The University views the student conduct process as a learning experience that can result in growth and personal understanding of one's responsibilities and privileges within both the University community and the greater community. All students must follow these standards. Students who violate these standards will be subject to the UCCS conduct process and associated sanctions. These procedures are designed to provide fairness to all who are involved in the conduct process. This policy should not be construed, and will not be enacted, to deny any student the right to free speech and expression.
It is the goal of the Office of the Dean of Students for all students to fully understand their rights and responsibilities throughout the student conduct process. This starts at Orientation through discussions about the responsibilities of all members of the University community and to information and programs during the academic year. At all conduct meetings, students are presented all necessary information for them to make informed decisions about the process.
The mission of the Office of the Dean of Students is to establish an ethic of care at the University of Colorado Colorado Springs, through its preventive, behavioral, and accountability practices. Establishment of an ethic of care will assist in providing a safe, respectful, and supportive community where students, parents, faculty, and staff will be challenged to develop their critical thinking, values, connectedness to the community, sense of identity, understanding of independence and interdependence, and multicultural awareness. An "ethic of care" model for Student Conduct is a holistic approach to engage community members regarding their behaviors and responsibilities, recognizing that concern for self and others in a community of individuals can have a powerful impact. The values, functional practices, and programs of the Office of the Dean of Students support this holistic model and demonstrate an effort to aid in student development and contribute to a positive, successful, and respectful living and learning environment throughout the University community. The values of the Office of the Dean of Students provide a framework for programs and practices that mirror institutional values. The Office of the Dean of Students values are: civic responsibility and student involvement, education and development of all students, respect, dignity and equity, a socially just community, responsibility, accountability and critical thinking, fairness, honesty, and integrity.
Article 7, Part B, of the Laws of the Regents requires each campus to develop a Student Code of Conduct. The Office of the Dean of Students is authorized to establish and administer this policy. Any questions regarding the interpretation of this code or any of its provisions should be directed to the Vice Chancellor for Student Success and Enrollment Management (VCSSEM) or his/her designee for final determination.
Questions regarding behavioral or conduct issues should be directed to the Office of the Dean of Students, University of Colorado Colorado Springs, phone 719-255-3091 or email@example.com
This policy governs: Student conduct that occurs on or as it relates to the University property, or at official functions and University-sponsored programs conducted away from the campus. University property is defined as land, buildings, and facilities in possession of, owned by, used by, or controlled by the University or funded by University budgets.
Student conduct that occurs off University property is subject to this policy if it: Adversely affects the health, safety or security of any member of the University community, or adversely affects the mission of the University, or involves any records or documents of the University. Proceedings initiated under this policy are separate from civil or criminal proceedings that may relate to the same incident. Conduct proceedings by the University are not postponed while criminal or civil proceedings are pending.
A charged student and an alleged victim of an alleged policy violation have the right to be accompanied by an advisor during the conduct process. Advisors are not permitted to speak for, or on behalf of, the charged student or the alleged victim during any phase of the conduct process, including hearings. However, with permission from the Judicial Affairs Officer or the Conduct Board, advisors may make a statement and/or ask questions of the charged student to present relevant information after the Judicial Officer/Conduct Board has completed discussions with the charged student or alleged victim.
It is the duty of all students involved in the conduct process to participate conscientiously. Students are expected to read this policy, make a timely report of an incident, and file all necessary complaints through the Office of the Dean of Students. Students have a duty to discuss the incident with a Judicial Officer over the telephone or in person, adhere to stated deadlines, attend scheduled meetings, and participate in all proceedings. Failure to meet these duties and expectations may result in a student being charged with failing to comply with the directions of a University official.
Purpose: The Laws of the Regents authorize the Chancellor of each campus to "develop a code of student conduct." Laws of the Regents 7.B.4. This Code of Conduct is intended to prescribe standards of appropriate conduct for students attending UCCS and to provide notice to students of prohibited actions. Violations of the Code of Conduct may lead to disciplinary action against any student enrolled at UCCS at the time of the action giving rise to a disciplinary proceeding.
Scope: This Code of Conduct applies to all students enrolled at UCCS at the time of an action giving rise to a disciplinary proceeding. It applies at all times to students who are on the UCCS campus, as well as to students who are participating in any UCCS sponsored activity or program. Students enrolled at UCCS are expected to abide by this Code of Conduct at all times during their enrollment. On a case-by-case basis, UCCS may impose discipline against any student who violates the Code of Conduct while off campus, provided that the alleged conduct adversely affects UCCS or demonstrates that the student is unable to meet his or her responsibilities to UCCS and the community it serves.
Non-Exclusive: This Code of Conduct does not displace the authority of other appropriate UCCS officials to establish standards of conduct for particular setting and activities. For example, students who reside in UCCS housing may also be subject to standards of conduct for that setting. Similarly, students who engage in academic misconduct may be subject to sanction by the department, college, or school.
Process: Students who have engaged in conduct that potentially violates the Code of Conduct are normally entitled to notice of their alleged misconduct and an opportunity to respond to those allegations before any discipline is imposed. Due process is a flexible standard and students accused of minor infractions may not be afforded the opportunity to confront or examine witnesses. Students who potentially face suspension or expulsion from UCCS shall be afforded a hearing at which they are permitted to present evidence and examine any witnesses. The procedures by which UCCS will administer any discipline are located in the Student Code of Conduct Procedures, Section VIII.
For cases involving an alleged violation of Article VII, Section E: (Sexual Misconduct) (Sexual Harassment) and (Protected Class Discrimination and Harassment) the investigative process outlined in Appendix I of the Student Code of Conduct applies. When alleged violations of the charges governed by Appendix I are accompanied by other alleged violations of the Student Code of Conduct, all of the charges may be investigated together as outlined in Appendix I.
Academic Integrity: Cases involving academic dishonesty are heard through the University's individual colleges. For more information, go to each individual college's website and/or go to the Student Academic Ethics Code Policy at:
Classroom Behavior: For information about classroom behavior, see http://www.uccs.edu/dos/student-conduct/student-classroom-behavior-policy.html
Leniency: The University encourages reporting of incidents of sexual misconduct. Sometimes, complainants are hesitant to make reports because they fear that they may be charged with violations of the Student Code of Conduct, such as underage drinking at the time of the incident. To encourage reporting of sexual misconduct incidents, the University will exercise leniency towards a complainant with respect to taking action for other violations of the Student Code of Conduct.
For the Good Samaritan: The welfare of students in our community is of paramount importance. At times, students on and off campus may need assistance. The University encourages students to offer help and assistance to others in need. Sometimes, students are hesitant to offer assistance to others, for fear that they may get themselves in trouble (for example, a student who has been drinking underage or using marijuana might hesitate calling campus police to assist another student.) The University will exercise leniency towards the Good Samaritan with respect to taking action for other violations of the Student Code of Conduct.
Exclusions: In cases where it is necessary to protect the safety of the UCCS campus, a student may be excluded immediately from campus as a precaution before receiving an opportunity to respond to the allegations, but students excluded to protect the safety of the UCCS campus shall nonetheless be entitled to notice of their alleged misconduct and provided an opportunity to respond before any final discipline is imposed.
Standards: Students at UCCS are expected to conduct themselves responsibly and refrain from any unlawful conduct or conduct that adversely affects the learning environment at UCCS. A student may face discipline if he or she engages in any of the following acts of misconduct:
a. Physically assaulting or abusing another person;
b. Engaging in intimate partner violence or emotional abuse of another person;
d. Endangering the health and safety of another person;
e. Sexual Misconduct to include non-consensual sexual penetration/intercourse, non-consensual sexual contact, sexual exploitation and/ or exposure, attempted acts, aiding an act, retaliation, sexual harassment, and Protected Class Discrimination and Harassment Policy. (See Appendix I: DEFINITIONS AND PROCEDURES FOR SEXUAL MISCONDUCT, SEXUAL HARASSMENT, AND PROTECTED CLASS DISCRIMINATION AND HARASSMENT)
h. Unlawfully disrupting or interfering with any UCCS activity;
i. Unlawfully disrupting or interfering with the actions of any law enforcement official or fire response official;
j. Harming or tampering with any UCCS property;
k. Misuse of any UCCS computer resource;
l. Providing false information to university officials;
m. Engaging in any form of academic misconduct, including plagiarism, fabrication, falsification, and other forms of cheating on examinations, tests, quizzes, research projects, and assignments;
o. Possessing, using, manufacturing, distributing, or selling illegal drugs or drug paraphernalia, including the misuse of prescription and/or over the counter medications. Although possession and use of marijuana is no longer a crime under Colorado law, the possession and use of marijuana remains illegal under federal law. Consistent with federal law, including the Controlled Substances Act and the Drug Free Schools and Communities Act, the use and/or possession of marijuana in any form is prohibited on campus and/or on any property owned, leased or operated by UCCS, including UCCS student housing;
p. Possessing, using, manufacturing, distributing, or selling alcoholic beverages by or to a under-aged individual;
q. Possessing or using any weapon or firearm in a manner not permitted by University of Colorado policy;
r. Violating any UCCS or University of Colorado policy;
s. Violating any state or federal statute that defines a crime against a person or against property;
t. Engaging in any other conduct demonstrating that the student is unable to meet his or her responsibilities to UCCS and the community it serves.
Prohibited Conduct Glossary
UCCS intends that these prohibited activities be given their normal, non-technical definitions. To assist students in determining whether an action falls within a particular prohibition, however, UCCS provides the following glossary of terms:
Aiding a Commission of Sexual Misconduct - Aiding the commission of sexual misconduct as an accomplice is, in itself, a violation of this policy.
Assault - Knowingly or recklessly causing bodily injury to another person.
Attempted Act - Attempts to commit sexual misconduct are also prohibited under this policy.
Consent - Clear, knowing, voluntarily, freely and actively given, mutually understandable words or actions which indicate a willingness to participate in mutually agreed upon sexual activity. Consent is not effectively given if it results from the use of physical force, threats, intimidation, or coercion.
Emotional Abuse - Knowingly or recklessly or unreasonably placing another person in a situation where that person is psychologically injured or that poses a threat of injury to the person's mental health.
Fabrication - Making up data, notes, or other research information and reporting them.
Falsification - Manipulation of the research process, or altering data, such that the reported results are not accurate.
Hazing - Any activity by which a person recklessly endangers the health or safety of or causes a risk of bodily injury to an individual for purposes of initiation or admission into or affiliation with any student organization. Hazing includes but is not limited to:
(1) Forced and prolonged physical activity;
(2) Forced consumption of any food, beverage, medication or controlled substance, whether or not prescribed, in excess of the usual amounts for human consumption or forced consumption of any substance not generally intended for human consumption; and
(3) Prolonged deprivation of sleep, food, or drink.
Hostile Environment Sexual Harassment - Unwelcome sexual conduct that is sufficiently severe or pervasive that it alters the conditions of education or employment and creates an environment that a reasonable person would find intimidating, hostile or offensive. The determination of whether an environment is "hostile" must be based on all of the circumstances. These circumstances could include the frequency of the conduct, its severity, and whether it is threatening or humiliating.
Intimate Partner Violence - Physical or emotional abuse that occurs between two people in a close relationship. The term "intimate partner" includes current and former spouses and dating partners. "Non-consensual" means an act where:
(1) the person undertaking an act knows that another person does not consent to the act;
(2) where the person undertaking the action knows that another person is incapable of appreciating the nature of the action;
(3) the person undertaking the action knows that another person is physically helpless and has not consented to the act; or
(4) consent has been procured by coercion, threats, or force.
Misuse of Computer or Network Resources - Not respecting the rights of other computer users, the integrity of the physical facilities and controls, or pertinent license and contractual agreements. University technology resources are not to be used for commercial purposes, personal gain, or non-University-related activities. Individuals using University information technology may not:
(1) violate such matters as University or third party copyright or patent protection and authorizations, as well as license agreements and other contracts,
(2) interfere with the intended use of the information resources,
(3) seek to gain or gain unauthorized access to information resources,
(4) without authorization, destroy, alter, dismantle, disfigure, prevent rightful access to or otherwise interfere with the integrity of computer-based information and/or information resources; or
(5) without authorization invade the privacy of individuals or entities that are creators, authors, users, or subjects of the information resources. "Physical abuse" means knowingly or recklessly or unreasonably placing another person in a situation where that person is physically injured or that poses a threat of injury to the person's life or physical health.
Plagiarism - Portraying another person's intellectual property as one's own.
Retaliation - Retaliation against the individual, who initiates a sexual misconduct complaint, participates in an investigation, or pursues legal action, and is prohibited.
Sexual Contact - Any intentional sexual contact or touching, however slight, with any object without effective consent. Sexual touching includes any bodily contact with the breasts, groin, genitals, mouth or other bodily orifice of another or any other bodily contact in a sexual manner.
Sexual Exploitation and/or Exposure - A student takes non-consensual, unjust or abusive sexual advantage of another for his/her own pleasure, advantage or benefit, or to pleasure, benefit or advantage anyone other than the one being exploited. Sexual exposure occurs when a student engages in lewd exposure of the body done with the intent to arouse or satisfy the sexual desire of any person. Other examples include:
1) Non-consensual video or audio taping of sexual activity.
2) Stalking with a sexual component. Stalking may take many forms, including persistent calling, texting, or posting on a social networking site as well as physical stalking. When the content of the messages or the nature of the physical stalking is of a sexual nature sexual misconduct has occurred.
3) Voyeurism is a form of sexual exploitation in which one individual engages in secretive observation of another for personal sexual pleasure or engages in non-consensual video or audio taping of sexual acts. Although the source for the secretive viewing or taping may be unaware of the observation, this behavior is a form of sexual misconduct and violates the integrity of the unaware student.
Sexual Harassment - Interaction between individuals of the same or opposite sex that is characterized by unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature when:
1) Submission to such conduct is made either explicitly or implicitly a term or condition of an individual's employment, living conditions and/or educational evaluation;
2) Submission to or rejection of such conduct by an individual is used as the basis for tangible employment or educational decisions affecting such individual; or
3) Such conduct has the purpose or effect of unreasonably interfering with an individual's work or academic performance or creating an intimidating, hostile, or offensive working or educational environment.
Sexual Penetration/Intercourse - Any sexual penetration (anal, oral or vaginal), however slight, with any object or sexual intercourse, without effective consent if that sexual penetration can reasonably be construed as being for the purposes of sexual arousal, gratification, or abuse. Sexual penetration includes vaginal or anal penetration by a penis, object, tongue or finger and oral copulation by mouth to genital contact or genital or mouth contact.
Stalking - Repeatedly following, approaching, contacting, placing under surveillance, or communicating with another person (or a member of that person's immediate family) in a manner that would cause a reasonable person to suffer serious emotional distress.
Theft - Knowingly obtaining or exercising control over anything of value without authorization or by threat or deception.
All student conduct proceedings are closed. The University reserves the right to audiotape any conduct proceeding or investigative interview. Further, the student must obtain permission from the judicial officer to audiotape the conduct proceeding. Any audiotape that is made by the University may be listened to by the charged student, but not copied, and will be kept for as long as described in Section XI below based on the nature of the case and its outcome. The following procedures will be used for conduct proceedings, except as noted below.
For cases involving an alleged violation of Article VII, Section E: (Sexual Misconduct) (Sexual Harassment) and (Protected Class Discrimination and Harassment) the investigative process as outlined in Appendix I of the Student Code of Conduct applies. When alleged violations of the charges governed by Appendix I are accompanied by other alleged violations of the Student Conduct Code, all of the charges may be investigated together as outlined in Appendix I.
A judicial officer may initiate the conduct process on the basis of a written complaint filed by anyone, a Residence Life Incident Report, or a police report. Upon receipt of the complaint or report, the judicial officer may conduct an investigation to decide whether there is substance to the allegations, whether the allegations fall within the jurisdiction of this policy, and whether conduct proceedings should occur.
The judicial officer shall initiate the conduct process by notifying the student who is the subject of the report or complaint. The student shall be contacted at the phone number or mailing address appearing in the University's student information system or through his or her assigned University assigned email. If the phone number or mailing address is no longer current or no phone number or mailing address is given, the permanent address may be used. Notice to the student will be considered furnished once the Office of the Dean of Students follows these notification guidelines. The notice should include:
1) A description of the alleged misconduct;
2) The conduct code provisions that are alleged to have been violated;
3) The requirement that the student must set up a conference with the judicial officer.
If the student does not schedule or attend a conference by the date specified in the notice, or if the student schedules a conference, but does not attend, the judicial officer can decide the outcome of the case in the student's absence.Unless unusual circumstances beyond the control of the student arise, a delay in the process will not be granted.
In order to find that a student has violated a standard of conduct, the burden of proof required is a preponderance of evidence, i.e. does the evidence demonstrate that it is more likely than not that the conduct occurred? The hearing need not be conducted according to technical rules of evidence. Any relevant evidence may be considered if it is the sort of evidence on which responsible persons are accustomed to rely in the conduct of serious affairs. No evidence other than that received in conjunction with the conduct process shall be considered.
A judicial officer will meet with the charged student to explain the conduct process, to answer any questions the student may have, and to offer the student an opportunity to express a preference for one of the three resolution options described below. The judicial officer will decide on the most appropriate alternative after considering the charged student's preference.
E. Resolution Options
After considering the charged student's preference, the judicial officer shall decide on one of the following options.
1. An Administrative Review involving acceptance of responsibility: In this process, the student accepts responsibility for having violated the Student Code of Conduct. The judicial officer will discuss with the charged student the facts alleged to have occurred and any aggregating or mitigating circumstances that might affect the sanction. After considering what the student has said, the judicial officer shall decide on a sanction. The student waives his/her right to appeal in accepting this option, unless the outcome is a sanction of suspension or expulsion.
2. An Administrative Review involving denial of responsibility: In this process, the student denies responsibility for having violated the Student Code of Conduct. The judicial officer will conduct an informal review:
a. To consider the facts alleged in the notice and the charged student's version of the facts.
b. To review any relevant documents that are contained in the file or presented by the charged student, alleged victim, or any other interested party.
c. To permit the charged student and the alleged victim to identify witnesses with relevant information, and to request to be present during the interview.
d. To discuss the matter with witnesses who have relevant information and who are willing to meet with the judicial officer.
e. To make determinations about the facts and the credibility of those providing information.
f. To determine whether the facts found to be true constitute a violation of the Student Code of Conduct.
g. To determine any aggravating or mitigating circumstances.
h. To decide a sanction.
3. Student Conduct Hearing Board (SCHB) Hearing: The SCHB hearing involves a more formal and extended review in which the charged student may: dispute the facts; dispute that the facts establish a conduct violation; present mitigating circumstances.
4. Expedited Administrative Review: When the judicial officer determines that a prompt review is essential (e.g. end of the semester, the student is graduating, or there is substantial concern for the health, safety, or welfare of a member of the University community), the judicial officer may require that the student meet with him/her within 24 hours if the student is a campus resident, or 48 hours if the student resides off campus. In addition, notice may initially be given in these instances by telephone, or by e-mail. If the student fails to attend the conference in the time specified, the judicial officer can decide the outcome of the case in the student's absence.
Student Code of Conduct Procedures Glossary
Unless the context requires a different meaning, the following definitions should apply.
Acceptance of Responsibility - The charged student agrees that the facts contained in the notice and related documents do constitute a violation of the Code of Conduct.
Aggravating Factor - Any circumstances accompanying the commission of misconduct that adds to its seriousness. Examples may include violence, violation of trust or duty, premeditation of an incident, use of force, a previous conduct violation, and elements of hate or bias, etc.
Appeals Officer - An appointee by the Vice Chancellor for Student Success and Enrollment Management charged with reviewing cases that have been sanctioned by the SCHB or a judicial officer.
Conduct Bodies - Conduct bodies consist of judicial officers and the staff members within the Department of Residence Life, which include the Director, Assistant Director, the Graduate Assistant, and Student Judicial Officers, may serve as conduct bodies in Residence Life cases.
Judicial Officers - Judicial Officers include any University staff member who is designated to investigate and make decisions about facts in student conduct cases. judicial officers have the authority to determine sanctions including, but not limited to, exclusion, no-contact orders, administrative moves, residence hall termination, probation, suspension, expulsion, and educational sanctions.
Designation - A student's classification; i.e., graduate, undergraduate, continuing education, degree seeking or non-degree seeking.
SCHB - Student Conduct Hearing Board.
Mitigating Factor - Extenuating circumstances that may be taken into account to reduce a sanction. They do not constitute a justification or excuse for the offense in question.
Parent - A student's parent or legal guardian.
Peace Officer - A person designated by the University of Colorado or the state or federal government with the responsibility of enforcing laws or policies.
Preponderance of Evidence - What happened more likely than not, or "50% plus a feather." This shall be the burden of proof used in all conduct proceedings under this code.If you have questions about the Student Code of Conduct, please contactthe Office of the Dean of Students at (719) 255-3091 or via e-mail at firstname.lastname@example.org.
Student - Any undergraduate, graduate, or non-degree student who is admitted, enrolled, or registered for the current or any future term, or who was registered at the time of the alleged incident. This also includes individuals admitted to programs and attending orientation sessions.
Student Judicial Officer - Student judicial officers serve either on the SCHB or as Office of Judicial Affairs or Residence Life judicial officers. SCHB judicial officers are students, staff, or faculty designated by the Director of Judicial Affairs to serve on the SCHB.
University - The University of Colorado Colorado Springs (UCCS).
University official - A University staff member working in the performance of his or her duly authorized duties. University officials may be full or part time, or may be student staff members.
University Premises - University owned or controlled property.
Witness - Any individual with information relating to a conduct case.
Working Day - Monday through Friday, except for official University holidays.
A. After hearing the case, the judicial officer (in an administrative conference, in an administrative deposition, or within the Office of Residence Life and Housing) or the SCHB (in a formal hearing) may find by a preponderance of evidence that the charged student is not responsible, or may find the student responsible and issue a sanction based on that finding.
B. Sanctions imposed for misconduct 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. One or more of the sanctions below 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 to a student in writing.
C. Every student may review, upon request, all non-confidential contents of his/her file.
Sanctions: Sanctions may include, but are not limited to:
A. Educational Sanctions - The student may be required to perform a specific number of hours of community service, complete a reflection or research paper, attend a class, workshop, program, or lecture, or be involved with the community in a way that brings about a new understanding of the community and how his/her behavior may have impacted others. This is not an exhaustive list but should serve as a reference for the types of educational sanctions that may be levied.
B. Warning/Written Reprimand - A written statement that the behavior was inappropriate and subsequent infractions should not occur or more serious conduct action will be taken.
C. Residence Hall Reassignment - The resident, through the conduct process, is assigned to a different residence hall on campus.
D. Residence Hall Termination - The student's residence hall agreement is terminated through the conduct process and the student is prohibited from residing in any University residence hall on either a permanent or temporary basis. Specific exclusion from the residence halls may also be imposed. Termination may occur in cases where a student appears to be involved in violations of the Student Conduct Code and the behavior or pattern of behavior has a significant negative impact on his/her living community.
E. Probation - Probation lasts for a specific period of time, and is implemented by semesters. Any violation of the Student Conduct Code or the conditions of probation committed during the probationary period will subject the student to further action, with a likely result of suspension or expulsion.
F. Suspension in Abeyance - The student is suspended from the University, but due to mitigating circumstances the suspension is deferred, allowing the student to continue with daily University activities and providing a student with one final opportunity to prove they can operate responsibly within the community. If the student, through the conduct process, is found to have violated the Student Conduct Code during the period of the suspension in abeyance, the student will be immediately suspended from the University for the duration of the abeyance, as well as given additional sanctions, including an extension of the suspension, or expulsion.
G. Suspension - The student is required to leave the University for a specific period of time. An indication of suspension appears on the student's transcript. After the period of suspension has expired, the transcript notation will be removed upon request. The student is required to apply for readmission to the University after his/her suspension period. Suspension from the University includes an automatic exclusion from campus property during the period of suspension. A suspension decision results in the student being suspended from all campuses of the University of Colorado system.
H. Expulsion - The student is required to permanently leave the University. A notation of expulsion keeps the incident on file in the Office of the Dean of Students permanently. Expulsion from the University includes an automatic exclusion from the campus property. An expulsion decision results in the student being expelled from all campuses in the University of Colorado system.
I. Exclusion - The student is denied access to all or a portion of campus.
J. Restriction or Denial of University Services - The student is restricted from using or is denied specific University services, including participation in University activities.If you have questions about the Student Code of Conduct, please contactthe Office of the Dean of Students at (719) 255-3091 or via e-mail at email@example.com.
K. Delayed Conferral of Degree - The issuance of a student's diploma is delayed for a specific period of time.
L. Recommendation for Revocation of Degree - The Judicial Officer or Hearing Board may recommend to the Regents of the University of Colorado revocation of an earned degree.
M. Additional Sanctions - Additional sanctions include, but are not limited to, requiring the student to compensate a victim for theft or damage.
N. Alcohol and Drug Sanctions
1. Any student currently on University probation or who is found responsible for violating the University alcohol or drug policy is subject to suspension from the University for at least one full semester.
2. If a student is found to be in violation of state laws or University policies governing alcohol or drugs, the student will be sanctioned according to the judicial officer's assessment of risk. First and second offenses may include the following:
a) Parental notification
b) Probation for one semester
c) Attendance at a University sponsored alcohol awareness class
d) Sanctioning of alcohol and drug violations may be more severe if the incident includes any of the following aggravating factor(s): public intoxication, provision of alcohol/drugs to minors, driving a vehicle under the influence of alcohol/drugs, damage to property, and obstruction of a peace officer or failure to cooperate with a University official. Sanctioning may also be more severe if the violation is accompanied by other violations of the Student Code of Conduct or multiple violations of the Student Code of Conduct
Introduction: In certain cases, a charged student may appeal the decision of the judicial process.
The complainant of a crime of violence (as defined by the Campus Security Act) may file a request for appeal in any case. In any case with an element of gender violence, the complainant may also have a right to appeal; the conduct officer will discuss this with the complainant. All appeals, whether filed by a complainant or a charged student, must be made in accordance with procedures outlined in this section. The appeal is the final step in the conduct process. An appeal does not provide a second hearing of the case. The review on appeal will be based on the existing record, or new information provided. The information provided to the appeal officer in the student's request for appeal and information the conduct officer may present regarding the rationale for the decision.
Deviation from the procedures in this code will not invalidate a proceeding or decision or be a basis for appeal except where such deviation has clearly resulted in significant prejudice to a charged student or complainant.
Criteria: A student may appeal upon one or more of the following grounds:If you have questions about the Student Code of Conduct, please contactthe Office of the Dean of Students at (719) 255-3091 or via e-mail at firstname.lastname@example.org.
A. The established procedures were not followed, in a significant way, and as a result, the factual findings, the sanction, or both, were not correct.
B. The severity of the sanction imposed was not appropriate based on the nature of the violation or the circumstances.
C. There is new information that would have been material to the outcome, had the information been presented at the hearing or administrative review. The new information must be included with the student's request for appeal. Also, the student must show that the new information could not have been presented at the hearing or administrative review.
D. In cases in which a charged student has accepted responsibility, she/he may only appeal if then sanctions of suspension or expulsion are imposed. Such appeals are limited to having the severity of the sanction reviewed.
Appeals Process: If a student files an appeal, he or she will not be informed of the outcome until the appeal process has been completed. Students residing off campus must file their appeals within five working days from the date of the decision letter from the Office of the Dean of Students. Students residing on campus must file their appeals within three working days from the first date the judicial officer attempts to notify them that the decision has been received. An appeal will only be considered if:
1) It is delivered to the Office of the Dean of Students within the time limits set forth above;
2) It includes the student's reasons for requesting an appeal; and
3) It contains all the supporting information needed to review the case.
The appeal officer will make the decision as to whether these conditions have been met. A student may file an appeal by delivering it to the Office of the Vice Chancellor for Student Success and Enrollment Management in Main Hall. The appeal must be made in writing. In general, the filing of an appeal shall result in a stay of the sanctions imposed on the appealing student, unless the welfare of the individual or the community is threatened. Students are encouraged to consult with all resources about the appeal process prior to submitting the request for an appeal.
The Vice Chancellor for Student Success and Enrollment Management, or his/her designee, shall serve as the appeal officer. The appeal officer shall have no prior involvement with the case through the Office of the Dean of Students. S/he shall only consider the information contained in the request for appeal, the rationale for the decision by the judicial officer or SCHB, and the record of the case that is transmitted to the appeal officer.
The decision of the judicial officer or SCHB will be given deference by the appeal officer because the judicial officer or SCHB has been delegated the primary responsibility to speak with the student and all other witnesses, to observe their demeanor, to examine the evidence, and to make judgments based on these factors and the educational needs of the student.
The appeal officer shall have the authority to:
A. Affirm the initial decision.
B. Find that improper procedures were used, to the prejudice of the student. In this case, the appeal officer can refer the case back to the judicial officer or SCHB with a recommendation on how to correct the procedures. The judicial officer or SCHB may make a new decision on the case. The student may then submit another request for appeal, if the case is referred back and the student again has grounds to appeal after the new decision.If you have questions about the Student Code of Conduct, please contactthe Office of the Dean of Students at (719) 255-3091 or via e-mail at email@example.com.
C. Reduce or increase the sanction, if the appeal officer determines that the sanction imposed was too severe or too lenient, given the nature of the violation and/or circumstances. A sanction should not be increased or decreased unless there is a compelling justification to do so. Merely disagreeing with the decision of the judicial officer or SCHB is not compelling.
D. Find that (1) the student has presented information that would have been material to the outcome of the case, had the information been presented at the conference or hearing, and (2) the student could not have presented the information at the conference or hearing. In this event, the appeal officer will refer the case back to the judicial officer or SCHB for reconsideration in light of the new information.
Questions of Law: If questions of law arise during the appeal process, the appeal officer may obtain advice from the Office of University Counsel.
Record Retention and Review: With the exception of cases in which the University has federally mandated reporting requirements and cases involving probation, suspension, or expulsion, records will be kept until the student has graduated from or permanently withdrawn from the University.
In cases involving probation, suspension, or in which the University has federally mandated reporting requirements, the University will keep the records for seven years after the charged student graduates or permanently withdraws from the University. If a student does not return after his/her suspension period, the seven year period will start at the end of the suspension period.In cases involving expulsion, the University will keep the records indefinitely.Every student may review, upon request, all non-confidential contents of his/her conduct file, to the extent permitted by law.
Disciplinary Hold and Disciplinary Stop: While conduct proceedings are pending, the University may place a disciplinary hold on the student's records. The disciplinary hold is honored by the University of Colorado Colorado Springs campus, including Continuing Education, and prohibits the student from registering for classes until the conduct process, including the review procedure if requested, has been completed. The transcript hold prohibits the academic transcript from being released until all actions have been completed.
A disciplinary hold may also be placed if a student fails to complete assigned sanctions, which has the same impact on a student's records and registration as described above. The disciplinary hold will not be removed until all sanctions are completed.
A disciplinary stop shall be placed on a student's record if they are suspended as the outcome of the conduct proceedings. A disciplinary stop is honored by all University of Colorado campuses and prohibits a student from being admitted to any of the campuses and from registering for classes until the suspension period is over and the student has reapplied and has been re-admitted.
Refund Policy After Disciplinary Action: If a student is suspended or expelled from the University, assessment or refund of tuition and fees are made in the same way as when a student voluntarily withdraws. The date used for determining the amount due will be the first day of the suspension or expulsion, as decided upon by the Office of the Dean of Students. The policy for Residence Life andIf you have questions about the Student Code of Conduct, please contactthe Office of the Dean of Students at (719) 255-3091 or via e-mail at firstname.lastname@example.org.Housing terminations can be found in the Housing Agreement at:
Release of Conduct Information: Provisions of the Family Educational Rights and Privacy Act of 1974, as amended by the Higher Education Amendments of 1998, govern access to a student's academic transcript or conduct file. The student and/or those University officials who demonstrate a legitimate educational need for disciplinary information may have access to the student's conduct file. Parent(s) who provide proof that a student is a dependent as defined in Section 152 of the Internal Revenue Code of 1954. A copy of the last federal income tax return listing the student as a dependent will serve as proof of dependency and allow the parent(s) access to the student's conduct file without written consent of the student. In this case, parents may also have access to a conduct file even if the student has requested otherwise.
In addition, parent(s) may be notified if a student under 21 years of age is found responsible for a violation involving use or possession of alcohol or other drugs. All other inquiries, including, but not limited to, inquiries from employers, government agencies, news media, family, friends, or police agencies, require a written release from the student before access to University conduct files is granted. An exception to the foregoing is that information may be released pursuant to a lawfully issued subpoena and as otherwise provided by the Campus Security Act as amended by the Higher Education Amendments of 1992.
The Campus Security Act permits higher education institutions to disclose to alleged victims of any crime of violence (murder, robbery, sexual assault, aggravated assault, burglary, motor vehicle theft, arson) the results of the conduct proceedings conducted by the institution against an alleged perpetrator with respect to such crime. The Campus Security Act also requires that both accused and the accuser be informed of the result of campus conduct proceedings involving a sexual assault.
Re-Release of Information: Individuals who receive confidential information due to an exception to privacy laws, due to their participation in the conduct process, or due to the signed consent of the student whose records are in question are prohibited from further disclosing/releasing the confidential information, unless expressly permitted by law as in cases involving a crime of violence or non-forcible sexual offense. Violation of this prohibition could result in charges being pursued under this policy or other appropriate action.
Summary Suspension: The Chancellor, Vice Chancellor for Student Success and Enrollment Management or their designee(s) have the authority to summarily suspend a student, pending final disposition of the case when, in the opinion of these officials, such a suspension is necessary to:
1) Maintain order on the campus;
2) Preserve the orderly functioning of the University;
3) Stop interference in any manner with the public or private rights of others on University property;
4) Stop actions or potential actions that threaten the health or safety of any person; or5) Stop actions or potential actions that destroy or damage University property, its students, faculty, staff, or guests.
Summary suspension includes excluding the student from campus
Summary suspension begins immediately upon notice from the appropriate University official, without a conference with a conduct officer. A conference with a conduct officer is scheduled as soon as possible (usually within 10 calendar days) to determine how the case will continue and to begin the conduct process. A summary suspension may be put in place until a student receives a final disposition in a court process after having been charged with a serious crime.
Throughout the disciplinary process the accused student has the following rights:
A. To receive a written notice of the complaint.
B. To be accompanied by an advisor during any conference with the Office of the Dean of Students and/or during any hearing. The role of the advisor is to provide support and guidance to the accused student. The advisor is not permitted to speak for, or on behalf of, the accused student during any phase of the disciplinary process, including a hearing.
C. To call witnesses for their testimony at any hearing.
D. To be notified in writing of any disciplinary sanctions imposed.
E. To request a review by the Vice Chancellor of Student Success and Enrollment Management (or another designated review officer) if sanctions have been imposed. The basis of a review is limited to determining whether:
1. The established procedures were not followed, in a significant way, and as a result, the factual findings, the sanction, or both, were not correct.
2. The severity of the sanction imposed was not appropriate based on the nature of the violation or the circumstances.
3. There is new information that would have been material to the outcome, had the information been presented at the hearing or administrative review. The new information must be included with the student's request for appeal. Also, the student must show that the new information could not have been presented at the hearing or administrative review.
4. The purpose of a review by the Vice Chancellor or other designated review officer is not to provide a second hearing for the case. The review will be done on the record of the case only. The review officer will not meet with the student or rehear the case.
F. To review, upon request, the contents of the disciplinary file.
G. To have information relating to the disciplinary proceedings be kept confidential, as provided for in the Family Educational Rights and Privacy Act of 1974, and in the Campus Security Act as Amended by the Higher Education Amendments of 1992. The amendments require that both the accuser and Accused by informed of the outcome of any campus disciplinary proceedings resulting from alleged sexual assault.
The University considers the student disciplinary process a learning experience that can result in growth and personal understanding of one's responsibilities and privileges within the University community. Therefore, it is the responsibility of the student accused of misconduct to participate conscientiously in the disciplinary process. This includes the reading of this document, adhering to stated deadlines, attending scheduled meetings, and participating in all proceedings. Failure to meet these responsibilities may result in a disciplinary decision being made without the benefit of the student's participation.
The following is a list of UCCS campus resources that may be applicable to the conduct process. You may also go to: http://www.uccs.edu/dos/resources.html
Resources that may also be confidential reporting resources:
University Counseling Center
Main Hall Room 324
Offers counseling programs and activities for all University students. Educational programs offered to all students, faculty, and staff. All contacts are confidential.
Cragmor Hall Room 003
Assists students, faculty, and staff in resolving complaints or disputes with other individuals, offices, or departments within the University. Does not maintain records and is independent of any department or office. All contacts are confidential.
Student Health Center
Public Safety Building, first floor
Offers affordable, quality health care and personalized health education so that students can make informed choices regarding their health. All contacts are confidential.
The following resources, although not confidential, are available to students:
University of Colorado Colorado Springs Police Department
Dept. of Public Safety Building
Maintains a full-service police department. Officers, who are state certified, respond to reports of criminal acts and emergencies both on and off campus.
Residence Life and Housing
MOSAIC, Office of Student Multicultural Affairs
University Center Room 110
Offers a wide range of services for students of diverse backgrounds, including information on scholarships, job opportunities, mentoring opportunities, and other services.
MOSAIC LGBT Resource Center
University Center Room 110
Provides resources and information to LGBT students, advocate for LGBT interests throughout campus, conduct outreach and education, and to ensure LGBT voices are represented among the campus at large.
Office of Discrimination and Harassment
Summit Village - Keystone House Room 3107
Investigates allegations of discrimination or harassment against members of the campus community.
Members of the University of Colorado Colorado Springs community have the right to be free from all forms of abuse, assault, harassment, and coercive conduct, including sexual misconduct, as defined in this policy. UCCS considers sexual misconduct to be one of the most serious violations of the values and standards of the University. Unwelcome sexual contact of any form is a violation of students' personal integrity and their right to a safe environment and therefore violates our values. University of Colorado Colorado Springs will not tolerate sexual misconduct in any form. All members of the UCCS community have an obligation to act responsibly in the realm of sexuality and to recognize and challenge any sexual misconduct.
The purpose of this appendix is to define sexual misconduct and protected class discrimination and harassment while also outlining the campus investigative process in the event of an allegation of misconduct. It describes actions students may take if they experience an incident of sexual misconduct, or are accused of sexual misconduct and identifies a student's rights, and resources.
Crimes involving sexual misconduct should be immediately reported to UCCS Public Safety at 255-3111.
A. Sexual Misconduct Provisions
The UCCS Student Code of Conduct prohibits the following conduct as well as attempts to commit and aiding, abetting or inciting others to commit these acts:
1. Non-consensual Sexual Penetration/Intercourse:
Any sexual penetration (anal, oral or vaginal), however slight, with any object or sexual intercourse, without effective consent. Sexual penetration includes vaginal or anal penetration by a penis, object, tongue or finger and oral copulation by mouth to genital contact.
2. Non-consensual Sexual Contact:
This includes any intentional sexual contact or touching, however slight, with any object without effective consent, if that sexual penetration can reasonably be construed as being for the purposes of sexual arousal, gratification or abuse. Sexual touching includes any bodily contact with the breasts, groin, genitals, mouth or other bodily orifice of another or any other bodily contact in a sexual manner.
3. Sexual exploitation and/or exposure:Sexual exploitation is when a student takes non-consensual, unjust or abusive sexual advantage of another for his/her own pleasure, advantage or benefit, or to pleasure, benefit or advantage anyone other than the one being exploited. Sexual exposure occurs when a student engages in lewd2exposure of the body done with the intent to arouse or satisfy the sexual desire of any person. Other examples include:
4. Sexual Harassment. Interaction between individuals of the same or opposite sex that is characterized by unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature when: (1) submission to such conduct is made either explicitly or implicitly a term or condition of an individual's employment, living conditions and/or educational evaluation; (2) submission to or rejection of such conduct by an individual is used as the basis for tangible employment or educational decisions affecting such individual; or (3) such conduct has the purpose or effect of unreasonably interfering with an individual's work or academic performance or creating an intimidating, hostile, or offensive working or educational environment.
Hostile Environment Sexual Harassment is unwelcome sexual conduct that is sufficiently severe or pervasive that it alters the conditions of education or employment and creates an environment that a reasonable person would find intimidating, hostile or offensive. The determination of whether an environment is "hostile" must be based on all of the circumstances. These circumstances could include the frequency of the conduct, its severity, and whether it is threatening or humiliating.
B. Consent Defined
Consent for sexual activity is clear, knowing, voluntary, freely and actively given, mutually understandable words or actions which indicate a willingness to participate in mutually agreed upon sexual activity. Consent must be active; silence by itself cannot be interpreted as consent. Consent is not effectively given if it results from the use of actual or implied physical force, threats, intimidation, or coercion. In the absence of mutually understandable words or actions (a meeting of the minds on what is to be done, where, with whom, and in what way), it is the responsibility of the initiator, or the person who wants to engage in the specific sexual activity, to make sure that he or she has consent from the partner(s) at every stage of sexual interaction. Engaging in sexual activity with a person who you know to be incapacitated or reasonably should know to be incapacitated, due to illness, consumption of alcohol or drugs, is unconscious, etc., is a violation of this policy.
What Consent Means
(a) In the absence of mutually understandable words or actions (a meeting of the minds on what is to be done, where, with whom, and in what way), it is the responsibility of the initiator, or the person who wants to engage in the specific sexual activity to make sure that he or she has consent from their partner(s).
(b) Consent to some form of sexual activity does not necessarily imply consent to other forms of sexual activity.
(c) The initiator must obtain consent at every stage of sexual interaction.
(d) Consent will be determined using both objective and subjective standards. The objective standard is met when a reasonable person would consider the words or actions of the parties to have manifested an agreement between them to do the same thing, in the same way, at the same time, with one another. The subjective standard is met when a party believes in good faith that the words or actions of the parties manifested an agreement between them to do the same thing, in the same way, at the same time, with one another.
(e) Consent that is obtained through the use of fraud or force (actual or implied) whether that force is physical force, threats, intimidation, or coercion, is ineffective consent.
1) Physical force is the use of physical violence or imposing on someone physically to gain sexual access. This physical force can be accompanied by hitting, kicking, restraining or otherwise exerting their physical control over you through violence.
2) Threats exist where a reasonable person would have been compelled by the words or actions of another to give permission to sexual contact they would not otherwise have given, absent the threat. For example, threats to kill you, themselves, or to harm someone you care for constitute threats.
3) Intimidation occurs when someone uses their physical presence to menace you, although no physical contact occurs, or where your knowledge of prior violent behavior by an assailant, coupled with menacing behavior, places you in fear as an implied threat.
4) Coercion exists when a sexual initiator engages in sexually pressuring and/or oppressive behavior that violates norms of respect in the community, such that the application of such pressure or oppression causes the object of the behavior to engage in unwanted sexual behavior. Coercion may be differentiated from seduction by the repetition of the coercive activity beyond what is reasonable, the degree of pressure applied, environmental factors such as isolation, and the initiator's knowledge.
5) Incapacitation due to alcohol, drugs, etc.Incapacitation is a state where a person lacks the ability to make rational reasonable decisions including an inability to understand the who, what, when, where, why or how of sexual activity, or an inability to fully understand the details of sexual interaction. Incapacity can result from alcohol or drug consumption, illness, unconsciousness, blackout, sleep, mental disability, and other circumstances.
Consent may never be given by:
(a) A minor to an adult.
(b) Mentally disabled persons when the mental disability is known or reasonably should have been known.
(c) Physically incapacitated persons when the incapacitation is known or reasonably should have been known.
6) Additional Clarifying Rules of Consent.
(a) A person who is the object of sexual aggression is not required to physically or otherwise resist a sexual aggressor.
(b) Consent to some forms of sexual activity does not automatically apply to other forms of sexual activity.
(c) Silence, previous sexual relationships, and/or the existence of a current relationship with the respondent do not imply consent.
(d) Consent must be explicit and cannot be implied by attire, or inferred from the giving or acceptance of gifts, money or other items.
(e) Consent to sexual activity may be withdrawn at any time, as long as the withdrawal is communicated clearly. Withdrawal of consent can be done in numerous ways and need not be a verbal withdrawal of consent.
(f) A respondent's intentional use of alcohol/drugs does not excuse a violation of policy.
C. Protected Class Discrimination and Harassment
The UCCS Discrimination and Harassment Policy and Procedures as well as the Student Code of Conduct prohibit discrimination and harassment based on membership in a protected class.
1. Protected Classes. Protected Class includes race, color, national origin, sex, pregnancy, age, disability, creed, religion, sexual orientation, gender identity, gender expression, and veteran status.
2. Discrimination. Occurs when an individual suffers a material adverse consequence, such as failure to be hired or promoted, denial of admission to an academic program, etc., on the basis of her/his Protected Class. For example, discrimination occurs when a person is denied an employment or educational benefit or is subject to an employment or educational detriment on the basis of his/her Protected Class.
3. Harassment. Verbal or physical conduct based upon an individual's Protected Class that unreasonably interferes with that individual's work or academic performance or creates an intimidating or hostile work or educational environment.
4. Hostile Environment. Unwelcome conduct by an individual(s) against another individual based upon her/his Protected Class that is sufficiently severe or pervasive that it alters the conditions of education or employment and creates an environment that a reasonable person would find intimidating, hostile or offensive. The determination of whether an environment is "hostile" must be based on all of the circumstances. These circumstances could include the frequency of the conduct, its severity, and whether it is threatening or humiliating. Simple teasing, offhand comments and isolated incidents (unless extremely serious) will not amount to hostile environment harassment.
D. Investigation Process for Resolving Complaints or Reports of Sexual Misconduct, Sexual Harassment, and Protected Class Discrimination and Harassment.
Reports of crimes should be made to the UCCS Department of Public Safety immediately at 255-3111.
Reports or complaints of violations of the UCCS Code of Student Conduct or other University policies should be reported to the Office of the Dean of Students (DOS) and the Office of Discrimination and Harassment (ODH) promptly. The primary concern in the application of this policy is student safety. As such, minor infractions by the complainant may be addressed informally.
1. DOS/ODH shall resolve these reports or complaints as promptly as practicable. Ordinarily, investigations shall be initiated promptly and shall be concluded and investigative reports submitted to the reviewing committee within 60 days following the receipt of a complaint. The Standing Review Committee (SRC) reviews the findings of the investigator in a formal investigation as described in the procedures below. Ordinarily, the final report shall be sent to the Chancellor no later than 30 days after the committee's receipt of the draft report of the investigation.
2. It is the responsibility of the Office of the Dean of Students, in conjunction with the Office of Discrimination and Harassment (DOS/ODH), to determine the most appropriate means for addressing the report or complaint. Options include: 1) investigating the report or complaint as described below; 2) with the agreement of the parties, 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 or where the victim does not consent to mediation.
3. DOS/ODH may designate another individual (either from within the University, including an administrator, or from outside the University) to conduct or assist with an investigation or to manage an alternative dispute resolution process. Outside investigators shall have training qualifications and experience as will, in the judgment of DOS/ODH, facilitate the investigation. Anyone designated to address an allegation must adhere to the requirements of the conduct code and applicable policy and confer with the Office of the Dean of Students and the Director of the Office of Discrimination and Harassment about his or her progress.
4. All reports or complaints should be made as promptly as feasible after the occurrence. A delay in reporting may be reasonable in some circumstances, as determined on a case-by-case basis. An unreasonable delay in reporting, however, is an appropriate consideration in evaluating the merits of a complaint or report.
5. If an investigation is conducted, the investigator will send the respondent a notice of investigation. The notice of investigation will include a description of the alleged misconduct, the conduct code provisions that are alleged to have been violated, and the requirement that the respondent must set up a conference with the investigator within the time frame designated in the notice. The notice shall be sent to the student's university e-mail address; it may also be hand-delivered or sent to the mailing or permanent address appearing in the university's student information system, or police report. Notice to the student will be considered furnished on the date of hand-delivery; on the date e-mailed or three days after the date the notice is placed in the U.S. mail.6
6. At the conference, the respondent will have the opportunity to respond to the allegations, present relevant information, and identify relevant witnesses. The complainant and the respondent shall have the right to present relevant information to the investigator, to have an advisor present during any meetings with them, and to receive a copy of the investigator's report at the conclusion of the investigation and appropriate review, to the extent permitted by law.
7. If the respondent does not schedule or attend a conference by the date specified in the notice, or if the student schedules a conference but does not attend or attends but does not participate, the investigator may complete the investigation based on the information obtained. The investigator may use police investigative reports in the investigation.
8. The investigator will discuss campus support services available to the parties. The investigator will discuss with the complainant whether she/he resides in the same housing or has classes with the charged student, and will take steps as needed to protect the complainant or the campus prior to the outcome of the investigation, including class and campus housing moves, academic assistance, identifying resources for medical and/or mental health support, and initiating no-contact orders, exclusion orders, and summary suspensions as he/she deems necessary and appropriate. Support offered will be ongoing and continuing as appropriate.
9. The Chancellor shall be notified when an investigation occurs.
10. At the conclusion of an investigation, the investigator shall prepare a written report that shall include a statement of factual findings and a determination as to whether or not there was a violation of the Student Code of Conduct or other University policy. The standard of proof shall be a preponderance of the information as defined in the Student Code of Conduct. The report shall be presented for review to the Standing Review Committee (SRC).
11. The SRC is comprised of University members, chosen from a larger group appointed by the Chancellor who have received appropriate training from the Office of Discrimination and Harassment and the Office of the Dean of Students.
12. The SRC may consult with DOS/ODH; may consult with the parties; request that further investigation be done by the same or another investigator; or request that the investigation be conducted again by another investigator. The SRC may adopt the investigator's report as its own or may prepare a separate report based on the findings of the investigation. The SRC may not, however, conduct its own investigation.
13. DOS/ODH shall advise the complainant and respondent of the resolution of any investigation conducted under Appendix I. A copy of the investigator's written report as approved by the standing review committee shall be provided to the Chancellor and the Dean of Students, and to the extent permitted by law, to the complainant and the respondent.
14. In cases where the investigation results in a determination that the Student Code of Conduct or University policy has been violated, the case is forwarded to the Vice Chancellor of Student Success and Enrollment Management (VCSSEM) or (his/ her7designee), who will determine an appropriate sanction. Within two (2) weeks of the date of the investigative report, the respondent and complainant may meet with the VCSSEM (or designee) to discuss mitigating or aggravating circumstances related to the incident that may impact a sanction. It is the responsibility of the parties to set the appointment and meet within the time prescribed. The complainant may also submit an impact statement within the time prescribed for consideration in the sanction. If no meeting occurs and/or no impact statement is submitted, the VCSSEM or designee will determine the sanction without the parties input. Respondents may also submit a statement to the VCSSEM or his/her designee.
15. In all cases, DOS/ODH shall retain the investigator's report and final sanction decision for a minimum of seven years after the respondent graduates or permanently withdraws from the University.
16. All records, reports and investigations obtained pursuant to this process shall be considered confidential and shall not be disclosed publicly except to the extent required by law.
17. Complaints Involving Two or More University of Colorado Campuses. When an alleged violation involves more than one University of Colorado campus, the complaint shall be handled by the campus with disciplinary authority over the respondent. The campus responsible for the investigation may request the involvement or cooperation of any other affected campus and should advise appropriate officials of the affected campus of the progress and results of the investigation.
18. Complaints By and Against University Employees and Students Arising in an Affiliated Entity. University employees and students sometimes work or study at the worksite or program of another organization affiliated with the University. When a violation is alleged by or against University students in those circumstances, the complaint shall be handled as provided in the affiliation agreement between the University and the other entity. In the absence of an affiliation agreement or a provision addressing this issue, the University may, in its discretion, choose to: 1) conduct its own investigation; 2) conduct a joint investigation with the affiliated entity; 3) defer to the findings of an investigation by the affiliated entity where the University has reviewed the investigation process and is satisfied that it was fairly conducted; or 4) use the investigation and findings of the affiliated entity as a basis for further investigation.
Retaliation is prohibited by this Policy. Parties who believe they have been retaliated against due to participation in the process described above should notify the Dean of Students. To be considered retaliation, a causal connection is required between a materially adverse action and the act of (1) reporting an allegation of discrimination or harassment; or (2) participating in support of an investigation of discrimination or harassment. A materially adverse action is one that would dissuade a reasonable person from reporting an allegation of discrimination or harassment, or participating in support of an investigation of an allegation of discrimination or harassment. A determination of whether an action is materially adverse is made on a case-by-case basis.
F. Reporting and Resources
Crimes involving sexual misconduct should be reported to the Department of Public Safety immediately at 719-255-3111.
All violations of Appendix I for sexual misconduct, sexual harassment, and Protected Class discrimination and harassment should be reported to the Office of Discrimination and Harassment (ODH) (255-4324), or the Office of the Dean of Students (DOS) (255-3091), promptly.
UCCS is committed to creating an environment in which students who have experienced an incident of sexual misconduct are encouraged to come forward and make a report. Immediate reporting to the Department of Public Safety, Office of Discrimination and Harassment (ODH) or the Office of the Dean of Students (DOS) is essential for the protection of students. All these reporting resources will provide the reporting student with information about obtaining support, resources, and the process associate with making a report or a formal complaint with the University. Reporting may help you to gain some control over the situation and make informed decisions.
1. University Reporting Resources: When making a report of a violation of the sexual misconduct policy or Appendix I, there are four University reporting sources with whom you may contact:
a. Department of Public Safety for immediate reporting of a crime with 24 /7 access at 255-3111;
b. Office of Discrimination and Harassment at 255-4324;
c. Office of Dean of Students at 255-3091; or
d. Office of Residence Life and Housing at 255-4042 if the incident of sexual misconduct occurs in the residence hall.
These University reporting sources are trained to assist students and provide information and support to those who may have experienced an incident of sexual misconduct. These reporting resources are required to respond to your complaint, disclose to other university officials, as necessary, and follow-up on your complaint. These offices can provide information about the process associated with making a report or formal complaint and can answer questions that you may have about the resources available to you. These reporting sources may be responsible for initiating an investigation into the alleged sexual misconduct.
2. Confidential Resources on Campus: Confidential resources on campus are those individuals who are obliged to maintain your confidentiality and are not required to re-disclose information to others except under very extreme and unusual circumstances involving evidence of a serious and imminent threat to an identifiable third party or protected class citizens. Confidential reporting resources on campus are:
Ombuds Office - 255-3304
University Counseling Center - 255-3265
Student Health Center - 255-4444
3. Office of Residence Life and Housing, including RAs, should be contacted if the incident of sexual misconduct occurred in the Residence Hall.
4. Other Non-Confidential Resources on campus can be found at www.uccs.edu/odh and www.uccs.edu/dos. These non-confidential resources are campus offices which can assist you in obtaining information and support.
5. Off-Campus Resources: Can be found at the Office of the Dean of Students website at: http://www.uccs.edu/dos/community-resources.html
6. Leniency for the Complainant: The University encourages reporting of incidents of sexual misconduct. Sometimes, complainants are hesitant to make reports because they fear that they may be charged with violations of the Student Code of Conduct, such as underage drinking at the time of the incident. To encourage reporting of sexual misconduct incidents, the University will exercise leniency towards a complainant with respect to taking action for other violations of the Student Code of Conduct.
7. Campus Coordinated Response Team (CCRT): The University offers a coordinated effort in providing ongoing education and ensuring appropriate response. The CCRT members include the Dept. of Public Safety, Respect On Campus (ROC), University Counseling Center, Office of the Dean of Students, The Office of Discrimination and Harassment, and the Office of Residence Life and Housing.
G. Rights of the Complainant and Respondent During the Investigation
1. Rights of the Complainant:
a) The ODH/DOS will coordinate with appropriate campus and community resources to provide comprehensive victim services that provide victims with information on reporting options, advocacy, and physical and mental health services.
b) The right to make an Impact Statement at the conclusion of the investigation provided the respondent was found to have violated the Sexual Misconduct Policy, and to have that statement considered by the VCSSEM (or designee) in determining possible sanction(s).
c) The right to request a Campus No Contact Order against another student who has engaged in or threatens to engage in an act of sexual misconduct which presents a danger to the welfare of the complainant or others.
d) The right to identify relevant witnesses.
e) The right to be informed in advance of any public release of information regarding the formal complaint to the extent possible and as allowed by law.
f) The right to be free from retaliation.
g) The right to receive written notice of the outcome of the sexual misconduct investigation.
2. Rights of the Respondent:
a) The right to make an Impact Statement during the investigation and to have that statement considered by the VCSSEM (or designee) in determining possible sanction(s).
b) The right to identify relevant witnesses.
c) The right to be informed in advance of any public release of information regarding the formal complaint to the extent possible and as allowed by law.
d) The right to be free from retaliation.
e) The right to receive written notice of the outcome of the sexual misconduct investigation.
Click to download full PDF of UCCS Code of Conduct (most recent version)
The UCCS Code of Conduct is current being updated to include sexual misconduct procedures. These updates will be released during the Fall 2012 semester. For current sexual harassment procedures, please refer to the University of Colorado Administrative Policy Statement at: https://www.cu.edu/policies/aps/hr/5014.pdf.
Any questions concerning the UCCS Student Code of Conduct, please contact the Office of the Dean of Students
719-255-3838 or email@example.com.