Policy and Procedures

UCCS Discrimination and Harassment Policy

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+ Article 1: Policy

The University of Colorado Colorado Springs (UCCS) is committed to maintaining a positive learning, working, and living environment. The University of Colorado does not discriminate on the basis of race, color, national origin, sex, age, disability, creed, religion, sexual orientation, or veteran status in admission and access to, and treatment and employment in, its educational programs and activities. (Regent Law, Article 10, amended 11/8/2001).

UCCS will not tolerate acts of discrimination or harassment based upon Protected Classes, or related retaliation against or by any employee or student.  For purposes of this policy the term “Protected Classes” refers to persons who are protected under federal, state, local or Regent law on the basis of particular characteristics and includes the characteristics of race, color, national origin, sex, pregnancy, age, disability, creed, religion, sexual orientation, gender identity, gender expression, or veteran status.

This Policy: (1) provides a definition of discrimination and harassment based upon Protected Classes and related retaliation; (2) prohibits discrimination and harassment based upon Protected Classes and related retaliation; and (3) sets out procedures to follow when a member of the UCCS community believes a violation of the Policy has occurred. The University of Colorado policy prohibiting sexual harassment is set forth in the Administrative Policy Statement entitled, "Sexual Harassment Policy and Procedures."

Individuals who violate this Policy shall be disciplined or subjected to corrective action, up to and including termination or expulsion.

+ Article 2: Authority for Campus Policies

Authority for the creation of campus administrative policies is found in The Laws of the Regents, 2007, Article 3 Section B.5(A) which states:

The chancellor of the each campus shall be the chief academic and administrative officer responsible to the president for the conduct of affairs of their respective campus in accordance with the policies of the Board of Regents. The chancellor shall have such other responsibilities as may be required by these Laws, or regent policy, or as may be delegated by the president.

+ Article 3: Definitions

Appointing authority. An appointing authority is the individual with the authority or delegated authority to make ultimate employment decisions concerning a particular employee.

Disciplinary authority A disciplinary authority is the individual who or office that has the authority or delegated authority to impose discipline upon a particular employee or student.

Complainant. A person who is subject to alleged Protected Class discrimination, harassment or related retaliation.

Respondent. A person whose alleged conduct is the subject of a complaint.

False Complaints or False Information. It is a violation of this Policy when a person knowingly or recklessly alleges a false complaint of discrimination, harassment or related retaliation or provides false information during the course of an investigation.

Discrimination. Occurs when an individual suffers a material adverse consequence, such as failure to be hired or promoted or denial of admission to an academic program on the basis of her/his Protected Class. 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.

Harassment. Verbal or physical conduct that unreasonably interferes with an individual's work or academic performance or creates an intimidating or hostile work or educational environment.

Hostile Environment. Unwelcome conduct by an individual 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.

Inclusive Campus Action Team (ICAT).   ICAT is a standing committee of appropriate campus stakeholders organized and convened by the Associate Vice Chancellor for Diversity and Inclusiveness with the authorization of the Chancellor.  ICAT provides informational resources and advice to faculty, staff and students on inclusiveness issues as well as helping identify the appropriate reporting mechanisms.  ICAT is a resource to the ODH in addressing complaints and remedies.  ICAT also monitors trends, leads initiatives, and advises campus leadership on inclusiveness concerns.
Retaliation. Retaliation is prohibited by this Policy. 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.

Office of Discrimination and Harassment (ODH).   The office that investigates allegations of discrimination, harassment and related retaliation based upon an individual’s Protected Class.  This office does not have the authority to impose discipline. 

For the UCCS campus, the Discrimination and Harassment Officers are appointed by the Chancellor.  All allegations of harassment or discrimination by faculty, staff or students are investigated by the Discrimination and Harassment Office.  The Discrimination and Harassment Officers may appoint an investigator to conduct the investigations.  Contact the Office of Discrimination and Harassment to schedule an appointment at 719-255-4324 or by email at ODH@uccs.edu. The Discrimination and Harassment Office is located in Keystone 3107. 

Dean of Students. This office is also the disciplinary authority for student respondents.

Supervisors. A supervisor is anyone who has the authority to hire, promote, discipline, evaluate, grade or direct faculty, staff or students. This includes anyone who manages or supervises others, including, but not limited to faculty, teaching assistants, resident advisors, coaches and anyone who leads, administers, advises or directs University programs.

+ Article 4: Reporting Obligations

Supervisor's Obligation to Report
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 ODH.
A failure to report this information is a violation of this Policy.
The only supervisors who are not subject to this reporting requirement are those employees who are required by the supervisor's profession and University responsibilities to keep certain communications confidential. On the UCCS campus, those persons are limited to professional counselors who are employed for the purpose of providing counseling services, any person to whom communications are privileged as a matter of law, and the ombudsperson.

Obligation to Report
In order to take appropriate corrective action, UCCS must be aware of discrimination, harassment and related retaliation that occur in UCCS employment and educational programs and activities. Therefore, anyone who believes that he or she has experienced or witnessed discrimination, harassment or related retaliation should promptly report such behavior to the ODH.


+ Article 5: Procedures

Reports or complaints pursuant to this Policy will be addressed and resolved as promptly and as practicable after the complaint or report is made. Ordinarily, investigations will be concluded and reports submitted to the Chancellor no later than 90 days following the receipt of a complaint.

  1. Investigation Process
    1. The ODH shall determine the most appropriate means for addressing the report or complaint. When appropriate, the ODH may coordinate any investigation with appropriate UCCS officials, such as the Department of Public Safety, the Dean of Students, and the Office of Residence Life and Housing.  In all instances, however, individuals with non-privileged information potentially involving Protected Class discrimination or harassment shall inform the ODH so that the ODH may make a determination of how to proceed under this Policy.  The Department of Public Safety may, in the course of its criminal investigation, acquire information about Protected Class discrimination or harassment that should be presented to the ODH.
    1. The fact that an investigation is being conducted by another person or entity, including law enforcement officials, shall not relieve the ODH of the obligation to conduct a timely investigation. The ODH shall coordinate with any other person or entity conducting the investigation to ensure that a timely investigation occurs.
    1. All reports or complaints shall be made as promptly as feasible after the occurrence.  A delay in reporting may be reasonable under 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.
    1. It is the responsibility of the Discrimination and Harassment Officer to determine the most appropriate means for addressing the report or complaint. Options include: 1) investigating the report or complaint in accordance with the provisions that follow; 2) with the agreement of the parties, attempting to resolve the report of complaint through a form of alternative dispute resolution (e.g. mediation); or 3) determining whether or not the facts of the complaint or report, if true, would constitute a violation of this Policy.  If the Complaint or allegations, if true, would not constitute a violation of this Policy, the ODH shall inform the Complainant and advise the Complainant of any other potential UCCS resources that may be helpful.
    1. If the ODH determines that the Complaint or allegations, if true, could constitute a violation of this policy, the ODH may, in appropriate circumstances, offer the Complainant and the Respondent the ability to participate in mediation to resolve their disputes. Mediation is not appropriate in any cases where the allegation of discrimination involves violence, threats, intimate partner violence, or sexual assault. No party shall be required to participate in mediation.
    1. If the parties engage in mediation, and the mediation is successful, the ODH shall ensure that a written agreement defining the terms between the parties is prepared and signed by the Complainant and the Respondent.  The mediation agreement shall include a term that violation of the agreement by either party can constitute a violation of this Policy.  Any agreement reached through mediation should be documented and maintained in the ODH.
    1. If the ODH determines that an investigation should occur, the ODH shall prepare a notice of investigation. The notice of investigation shall contain a statement of the allegations and shall also inform the Complainant and the Respondent that they:
      1. Receive written notice of the report or complaint, including a statement of the allegations, as soon after the commencement of the investigation as is practicable and to the extent permitted by law;
      2. Present relevant information to the investigator(s); and
      3. Receive, at the conclusion of the investigation and appropriate review, a copy of the investigator's report, to the extent permitted by law.
    1. The Chancellor, the respondent's appointing authority/disciplinary authority and the respondent's supervisor shall be notified that an investigation is taking place. For student respondents, the Chancellor and the Dean of Students shall be notified.
    1. The ODH shall have authority to ensure that appropriate measures are taken during the pendency of the investigation to ensure that no party is subjected to discrimination, harassment, or retaliation. Appropriate measures may include no-contact agreements and schedule and work changes.
    1. The ODH shall advise the Respondent's supervisor whether the respondent should be relieved of any supervisory or evaluative authority during the investigation. If the respondent's supervisor declines to follow the recommendation of the ODH, s/he shall send a letter explaining the decision to the Chancellor with a copy to the ODH.
    1. At the conclusion of an investigation, the investigator shall prepare a written report that shall include a statement of factual findings and a determination of whether this Policy has been violated. The report shall be presented for review to the Chancellor.
    1. Once the Chancellor’s review has been completed, the investigator shall send the final report to the Complainant and Respondent, to the extent permitted by law, as well as to the Respondent's supervisor and appointing/disciplinary authority.
    1. The appointing authority/disciplinary authority must initiate formal action against that individual if he or she was found to have violated this Policy.
    1.  The appointing authority/disciplinary authority, Dean of Students, and other administrators with a need to know, may have access to the investigative records and may consult with the investigator in order to take appropriate action.
    1. The appointing authority/disciplinary authority shall inform the ODH and the Chancellor, in writing, of the action taken against the individual who has violated this Policy, or who, in the opinion of the appointing/disciplinary authority, has behaved inappropriately or unprofessionally.  If no disciplinary action is taken against an individual who has violated this Policy, the ODH shall inform the Chancellor.
    1. In all cases, the ODH shall retain the investigator's report for a minimum of three (3) years or for as long as any administrative or legal action arising out of the complaint is pending. In the case of a student respondent(s), records will be retained according to policies administered by Dean of Students.
    1. All records of discrimination, harassment and related retaliation reports and investigations shall be considered confidential and shall not be disclosed publicly except to the extent required by law.
    1. At the conclusion of any investigation, the ODH or the Chancellor may refer any issue that does not relate to a specific individual to the Inclusive Campus Action Team for further evaluation and follow-up.
  1. Complaints Involving Two or More University of Colorado Campuses

    When an alleged Policy 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 at the affected campus of the progress and results of the investigation.
  1. Complaints By and Against University Employees and Students Arising in an Affiliated Entity.

    UCCS employees and students sometimes work or study at the worksite or program of another organization affiliated with UCCS. When a Policy violation is alleged by or against UCCS employees or students in those circumstances, the complaint shall be handled as provided in the affiliation agreement between UCCS and the other entity.

In the absence of an affiliation agreement or a provision addressing this issue, UCCS may, in its discretion, choose to: (1) conduct its own investigation; (2) conduct a joint investigation with the affiliated entity; (3) defer to the finding of an investigation by the affiliated entity where the University has reviewed the investigative 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.


+ Article 6: No Limitation on Existing Authority

No provision of this Policy shall be construed as a limitation on the authority of an appointing authority/disciplinary authority under applicable policies and procedures to initiate appropriate action. If an individual is disciplined for conduct that also violates this Policy, the conduct and the discipline imposed shall be reported to the ODH. If an investigation is conducted under this Policy and no Policy violation is found, that finding does not prevent discipline of the Respondent for inappropriate or unprofessional conduct under other applicable policies and procedures


+ Article 7: Annual Report

The ODH shall maintain and provide to the Chancellor an annual report documenting: (1) the number of reports or complaints received pursuant to this Policy; (2) the categories of those involved in the allegations; (3) the number of Policy violations found; and (4) examples of sanctions imposed for Policy violations.


+ Article 8: Responsibility

The Chancellor is responsible for the implementation of this Policy.


+ Article 9: Related Policies

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.
University of Colorado Colorado Springs Student Conduct Policies and Procedures address student conduct that occurs on or as it relates to university property, or at official functions and university-sponsored programs conducted away from the campus.


+ Article 10: History

Original Complaint Procedures:  March 2009
Revised October 2012


+ Appendix I: Definitions and Procedures for Sexual Misconduct, Sexual Harassment, And Protected Class Discrimination and Harassment

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:

    • Exposing one's genitals in non-consensual circumstances or inducing someone to expose his or her genitals.
    • 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.
    • Engaging in voyeurism or facilitating the voyeurism of others. 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.

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.

E. Retaliation

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 
Discrimination and Harassment Policy
and Procedures (most recent version)

Student Code of Conduct - click here

CU System Policies 

Sexual Harassment Policy - click here

Policy on Amorous Relationships - click here

 

Julia Neville, J.D.
Discrimination and Harassment Officer
Title IX Coordinator
jneville@uccs.edu
Kelly Mattingly
Discrimination and Harassment Consultant
kmatting@uccs.edu
Office of Discrimination & Harrassment
odh@uccs.edu
3107 Keystone Hall, UCCS
(719) 255-4324, on campus: x4324