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Article 1 Overview

The purpose of the Student Conduct Code 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 actions described below. 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.

Article 2 Authority

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 or his/her designee for final determination.

Questions regarding behavioral problems should be directed to the Office of the Dean of Students, University of Colorado at Colorado Springs, Main Hall 322 Campus Box MH 11, Colorado Springs, CO 80918, phone 719-262-3258.

Article 3 Jurisdiction

Section 1 This policy governs:

1.01 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 or owned, used or controlled by the university or funded by university budgets. 1.02 Student conduct that occurs off university property is subject to this policy if it: 1.02.a Adversely affects the health, safety or security of any member of the university community, or adversely affects the mission of the university. 1.02.b Involves any records or documents of the university.

Section 2 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.

Article 4 Advisors

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 charges student or alleged victim.

Article 5 Duties and Expectations of Students

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.

Article 6 Mission Statement and Values of the Office of the Dean of Students

The mission of the Office of the Dean of Students is to establish an ethic of care at the University of Colorado at 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 Student Conduct Code

The conduct listed below is prohibited, as are attempts to commit, aiding, abetting, or inciting others to commit conduct prohibited by this Code

Section 1 Violence against Another, Self or Property

1.01 Assaulting or physically abusing another person or being involved in brawling.

1.02 Engaging in intimate partner violence. Intimate partner violence is conduct between people who are involved in a sexual or romantic relationship when one person in the relationship causes harm or significant alarm or distress to the other person. This includes, but is not limited to, threats, assault, or other action against the person or their property when used as a method of coercion, control, punishment, intimidation, or revenge.

1.03 Harassment; engages in abusive behavior when a student insults, taunts, challenges, or makes communication towards an individual or individuals which is sufficiently severe or pervasive as to likely provoke a violent response, or otherwise causes fear, substantial annoyance, alarm, distress, disruption, or creates a hostile environment.

1.04 Threatening or endangering the health and safety of another person or one’s self.

1.05 Engaging in retaliatory acts against a person who reports an alleged violation of the code or testifies, assists, or participates in a conduct proceeding or investigation is prohibited. Such a violation could be through personal contact with an individual or conduct body, or contact though a third party

Section 2 Sexual Misconduct

Sexual misconduct includes non-consensual sexual intercourse, or attempts to commit, Non-consensual contact, or attempts to commit, and sexual exploitation or exposure. (See Appendix 1 for Sexual Misconduct Definitions and Procedures).

2.01 Non-consensual sexual intercourse: Non-consensual intercourse is any sexual intercourse (anal, oral, or vaginal), including sexual intercourse with an object, however slight, by one person upon another without consent.

2.02 Non-consensual sexual contact: Non-consensual sexual contact is any sexual touching (including touching with an object) however slight, by one person on another without consent.

2.03 Sexual exploitation and/or exposure: Sexual exploitation and/or exposure occur when:

2.03.a 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 that the one being exploited; and the behavior does not constitute one of the other two above described offenses.

2.03.b A student engages in a lewd exposure of the body done with the intent to arouse or satisfy the sexual desire of any person; and the behavior does not constitute one of the other two above described offenses.

Section 3 Stalking

Stalking includes behavior in which an individual willfully engages in a course of conduct directed at a specific person that reasonably and seriously alarms, torments or terrorizes the person.

Section 4 Hazing

Any action or situation that recklessly or intentionally endangers the health, safety, or welfare of an individual for the purpose of initiation, participation, admission into, or affiliation with any organization at the university. Hazing includes, but is not limited to, any abuse of a mental or physical nature, forced consumption of any food, liquor, drugs, or substances, or any forced physical activity that could adversely affect the health or safety of the individual. Hazing also includes any activity that would subject the individual to embarrassment or humiliation, the willingness of the participant in such activity notwithstanding. (see appendix 2 for Colorado State Statue on Hazing)

Section 5 Bias Motivated Incident and Hate Crimes

Bias-related incidents involve behavior or conduct that is motivated primarily or in part by discrimination relating to age, color, ethnicity, gender, national origin, ability, race, religion, sexual orientation, socio-economic background, veteran status, or unique individual style. Bias-related incidents include, but are not limited to, non-threatening name calling and using degrading language or slurs directed toward a person because of his or her actual or perceived membership in a particular group. Hate crimes involve behavior or conduct that is motivated primarily or in part by age, color, ethnicity, gender, national origin, ability, race, religion, sexual orientation, socio-economic

5.01 Ethnic intimidation. Violating section 18-9-121, Colorado Revised Statutes, is a violation of these standards. (See appendix 3 for Colorado State Statue on Ethnic Intimidation) 5.02 Sexual Harassment, violating the university’s Administrative Policy Statement on Sexual Harassment

Section 6 Interfering with, obstructing, or disrupting a University activity.

6.01 University activities include, but are not limited to, all normal university activities, such as teaching, research, recreation, meetings, public events, and disciplinary proceedings. 6.02 This prohibition includes, but is not limited to, interference, obstruction or disruption of the freedom of expression or movement of students or other members of the university community and their guests.

Section 7 Interfering with, obstructing, or disrupting police or fire responses.

This violation includes, but is not limited to:

7.01 Resisting arrest.

7.02 Failing to abide by the directions of a Peace Officer.

7.03 Tampering with, impairing, disabling, or misusing fire protecting systems such as smoke detectors, fire extinguishers, sprinklers, or alarms.

7.04 Failing to evacuate during a fire alarm.

7.05 Arson/Setting fires.

Section 8 Failure to Comply

Failing to comply with the direction of a University Official(s) who are performing their duties, students are required to comply with instructions or directions given by a University Official, including, but not limited to:

8.01 An instruction to present identification

8.02 An instruction to appear at conduct proceedings or other mandatory meetings.

8.03 Failing to abide by or complete a university sanction in a satisfactory manner, including violating this code while on university probation or suspension in abeyance. http://www.uccs.edu/~it/policiesmenu/policies.htm

Section 9 False Information

9.01 Providing false information to university officials, Judicial Officers, the Conduct Hearing Board, or Public Safety Officers in performance of their duties.

9.02 Forging, altering, falsifying, misusing documents or records, or knowingly using possessing forged, altered, or false documents or records.

Section 10 Unauthorized Entry

The unauthorized entry into a University facility or property by means of force or misuse of keys.

Section 11 Damaging University property or property belonging to another.

Section 12 Misuse of University computing and network resources.

(See http://www.uccs.edu/~it/policiesmenu/policies.htm)

Section 13 Engaging in, inciting, or arming someone for a riot or public disturbance.

(See Appendix 4 for Colorado State Statue on Riots.) .

Section 14 Possessing firearms, explosives, fireworks, incendiary devices, ammunition, or other weapons on campus.

14.01 Possession of a harmless instrument designed to look like a firearm, explosive, or dangerous weapon is also prohibited by this policy (including but not limited to BB guns, pellet guns, martial arts equipment, and knives with a blade over 3” in length).

14.02 As mandated by Regent Policy, in the case of student who is found responsible via the student conduct code process to have intentionally or recklessly used or possessed a weapon in a way that would intimidate, harass, injure, or otherwise interfere with the learning and working environment of the university, the minimum disciplinary sanction will be expulsion.

14.02.a In the case of a harmless instrument as described in section14.01, the minimum sanction shall be expulsion if the student used the item with the intent to cause fear in or assault another person.

14.03 Mere possession of firearms, explosives, fireworks, incendiary devices, ammunition, other weapons, or instruments designed to look like any of the above will result in suspension, unless mitigating factors are present.

Section 15 Theft

Theft, including but not limited to, possessing property known to be stolen, or taking property of another without consent, even with the intent of returning the property.

Section 16 Illegal Drugs and Improper Use of Prescription or Over the Counter Medications

Possessing, using, manufacturing, distributing, or selling illegal drugs or drug paraphernalia. Including the misuse of prescription and/or over the counter medications.

16.01 If a student is in an Office of Residence Life and Housing facility, this violation includes a student who knew, or reasonably should have known, he/she was in the presence of illegal drugs or paraphernalia.

16.02 In the case of a student found responsible via the Student Conduct Code process to have endangered the health, safety, or welfare of an individual through the provision of drugs, the minimum disciplinary sanction shall be suspension.

16.03 In the case of a student found responsible via the Student Conduct Code the minimum disciplinary sanction shall be a mandated educational course and/or counseling or suspension. If the student is found responsible for additional violations of Section 16 of the Student Conduct Code the sanction

16.04 If a student engages in the misuse of prescription and/or over the counter medications, the minimum disciplinary sanction shall be a mandated educational course and/or counseling or suspension.

Section 17 Alcohol

Possessing, using, manufacturing, distributing, or selling alcoholic beverages by or to a under-aged individual is a violation of Colorado.

17.01 If an underage student is in an Office of Residence Life and Housing facility that is alcohol free, this violation includes a student who knew, or reasonably should have known, he/she was in the presence of alcoholic beverages, or possessing, displaying, or being in the presence of alcohol containers.

17.02 In the case of a student found responsible via the Student Conduct code process to have endangered the health, safety, or welfare of an individual through the provision of alcohol, the minimum disciplinary sanction shall be suspension.

Section 18 Violating any federal, state, or local laws or university regulation or policy, or behaving or conducting one’s self in a manner which would violate the law.

Appendix 1: Definitions and procedures for sexual misconduct, intimate partner violence, and stalking.

A. Definitions

1. Intercourse. Intercourse includes vaginal penetration by a penis, object, tongue or finger, anal penetration by a penis, object, tongue, or finger, and oral copulation (mouth to genital contact or genital to mouth contact).

2. Sexual Touching. Sexual touching is any contact with the breasts, buttock, groin, or genitals, or touching another with any of these body parts, or making another touch you or themselves with or on any of these body parts.

3. Consent. Consent is informed, 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. Consent is absent when a person has sexual contact with another when the initiator knew, or reasonably should have known, that the person is incapacitated due to illness, consumption of alcohol or drugs, is unconscious, etc.

4. What Consent Means

1. 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).
2. Consent to some form of sexual activity does not necessarily imply consent to other forms of sexual activity.
3. The initiator must obtain consent at every stage of sexual interaction.
4. 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 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.
5. Consent which is obtained through the use of fraud or force (actual or implied) whether that force be physical force, threats, intimidation, or coercion, is ineffective consent;
  1. Physical force exists, for example, when someone acts upon you physically, such as 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 are sufficient to constitute threats.
Intimidation. Intimidation exists where someone uses their physical presence to menace you, though 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.
Coercion.
1. 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.
2. Consent may never be given by:
  1. A minor to an adult.
  2. Mentally disabled persons.
  3. Physically incapacitated persons.
Additional Clarifying Rules of Consent.
1. A person who is the object of sexual aggression is not required to physically or otherwise resist a sexual aggressor.
2. Silence, previous sexual relationships, and/or current relationship with the respondent do not imply consent.
3. Consent cannot be implied by attire, or inferred from the buying of dinner or the spending of money on a date.
4. Consent to sexual activity may be withdrawn at any time, as long as the withdrawal is communicated clearly.
5. Respondent's intentional use of alcohol/drugs does not excuse a violation of the sexual misconduct policy.

Investigations

1. The Office of the Dean of Students shall coordinate with the Office of Public Safety to investigate and resolve reports or complaints of Sexual Misconduct, Intimate Partner Violence and Stalking by a person as promptly as practicable. Ordinarily, investigations shall be concluded and reports submitted to the reviewing committee no later than 90 days following the receipt of a complaint. 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 to determine the most appropriate means for addressing the report or complaint alleging Sexual Misconduct, Intimate Partner Violence or Stalking by a student. Options include: 1) investigating the report or complaint as described below, 2) with the agreement of the parties, attempting to resolve the report or complaint through a form of alternative dispute resolution (e.g., mediation), or 3) determining that the facts of the complaint or report, even if true, would not constitute a violation of this Policy.

3. The Office of the Dean of Students may use police investigation reports and may designate another individual (either from within the University, including an administrator, or from outside the University) to conduct or assist with the investigation or to manage an alternative dispute resolution process. Outside investigators shall have training, qualifications and experience as will, in the judgment of the Dean of Students, facilitate the investigation. Anyone designated to address an allegation must adhere to the requirements of this Policy and confer with the Dean of Students about his or her progress.

4. 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.)

5. If an investigation is conducted: The complainant and the respondent shall have the right to:

Receive written notice of the report or complaint, including a statement of the allegations, as soon after the commencement of the investigation as is practical and to the extent permitted by law;
Present relevant information to the investigator(s); and
Receive, at the conclusion of the investigation and appropriate review, a copy of the investigation report, to the extent permitted by law.

6. In cases covered by this policy, the Chancellor shall be notified that an investigation is taking place.

7. If the complainant resides in University housing, the Office of the Dean of Students shall consult Housing about whether either the respondent or the complainant, or both, should be moved during the investigation and review. If complainant and respondent are taking the same class or other educational activity, the Office of the Dean of Students shall consult with the responsible faculty member about any arrangements needed to separate the two during the investigation and review.

8. 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 and whether a conduct process should be initiated against the respondent. The report shall be presented for review to the Chancellor and her designated review committee.

9. The standing review committee may consult with the Office of the Dean of Students; 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 standing review committee may adopt the investigator's report as its own or may prepare a separate report based on the findings of the investigation. The review committee may not, however, conduct its own investigation or hearing. Once the standing review committee has completed its review, the report(s) shall be sent to the Office of the Dean of Students, the complainant and the respondent, to the extent permitted by law. The report shall also be sent to the Chancellor.

11. The Office of the Dean of Students shall advise the complainant and respondent of the resolution of any investigation conducted under this Policy. A copy of the investigator's written report as approved by the review committee shall be provided to: (1) the complainant, (2) the respondent, (3) the Vice Chancellor for Student Success, and (4) the Chancellor.

12. In all cases, the Office of the Dean of Students shall retain the investigator's report, as approved by the standing review committee, for a minimum of seven years after the charged student graduates or permanently withdraws from the University.

13. All records of Sexual Misconduct, Intimate Partner Violence and Stalking reports and investigations shall be considered confidential and shall not be disclosed publicly except to the extent required by law.

14. 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 of the affected campus of the progress and results of the investigation.

15. 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 Policy 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.

Disciplinary Process

The disciplinary process for Student Sexual Misconduct, Intimate Partner Violence and Stalking shall be the same as set forth in Sections I and J of the Student Conduct Policies and Procedures.

D. Sanctions

The sanctions for Student Sexual Misconduct, Intimate Partner Violence and Stalking shall be the same as set forth in Section L of the Student Conduct Policies and Procedures.

E. Appeals

The appeals process for Student Sexual Misconduct, Intimate Partner Violence and Stalking shall be the same as set forth in Section M of the Student Conduct Policies and Procedures.

Appendix 2: Colorado Law Regarding Hazing

Section 18-9-124 (2), C.R.S defines hazing as follows:

(2) As used in this section, unless the context otherwise requires:

'Hazing' means 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; except that "hazing" does not include customary athletic events or other similar contests or competitions, or authorized training activities conducted by members of the armed forces of the state of Colorado or the United States.
'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;
3. Prolonged deprivation of sleep, food, or drink.

Appendix 3: Colorado Law Regarding Ethnic Intimidation

Section 18-9-121, C.R.S. states:

Ethnic Intimidation.

The general assembly hereby finds and declares that it is the right of every person, regardless of race, color, ancestry, religion, or national origin, to be secure and protected from fear, intimidation, harassment, and physical harm caused by the activities of individuals and groups. The general assembly further finds that the advocacy of unlawful acts against persons or groups because of a person's or group's race, color, ancestry, religion, or national origin, for the purpose of inciting and provoking bodily injury or damage to property, poses a threat to public order and safety and should be subject to criminal sanctions.
A person commits ethnic intimidation if, with the intent to intimidate or harass another person because of that person's actual or perceived race, color, religion, ancestry, or national origin, he or she:
1. Knowingly causes bodily injury to another person; or
2. By words or conduct, knowingly places another person in fear of imminent lawless action directed at that person or that person's property and such words or conduct are likely to produce bodily injury to that person or damage to that person's property; or
3. Knowingly causes damage to or destruction of the property of another person.
Ethnic intimidation as described in paragraph (b) or (c) of subsection (2) of this section is a class 1 misdemeanor. Ethnic intimidation as described in paragraph (a) of subsection (2) of this section is a class 5 felony; except that ethnic intimidation as described in said paragraph (a) is a class 4 felony if the offender is physically aided or abetted by one or more other persons during the commission of the offense.
The criminal penalty provided in this section for ethnic intimidation does not preclude the victim of such action from seeking any other remedies otherwise available under law.

Appendix 4: Colorado Law Regarding Riots

Section 18-9-101(2), Colorado Revised Statutes states:

"Riot means a public disturbance involving an assemblage of three or more persons who by tumultuous and violent conduct creates grave danger of damage, destruction or death."

Section 18-9-102 C.R.S. states:

Inciting riot.

A person commits inciting riot if he:
1. Incites or urges a group of five or more persons to engage in a current or impending riot; or
2. Gives commands, instructions, or signals to a group of five or more persons in furtherance of a riot.
A person may be convicted under sections 18-2-101, 18-2-201, or 18-2-301 of attempt, conspiracy, or solicitation to incite a riot only if he engages in the prohibited conduct with respect to a current or impending riot.
Inciting riot is a class 1 misdemeanor, but, if injury to a person or damage to property results wherefrom, it is a class 5 felony."

Section 18-9-103, C.R.S. states:

Arming rioters.

A person commits arming rioters if he:
1. Knowingly supplies a deadly weapon or destructive device for use in a riot; or
2. Teaches another to prepare or use a deadly weapon or destructive device with intent that any such thing be used in a riot.
Arming rioters is a class 4 felony."

Section 18-9-104, C.R.S. states:

Engaging in a riot.

1. A person commits an offense if he or she engages in a riot. The offense is a class 4 felony if in the course of rioting the actor employs a deadly weapon, a destructive device, or any article used or fashioned in a manner to cause a person to reasonably believe that the article is a deadly weapon, or if in the course of rioting the actor represents verbally or otherwise that he or she is armed with a deadly weapon; otherwise, it is a class 2 misdemeanor.

2. The provisions of section 18-9-102 (2) are applicable to attempt, solicitation, and conspiracy to commit an offense under this section."

Section 23-5-124, C.R.S. states:

Student enrollment - prohibition - public peace and order convictions.

1. No person who is convicted of a riot offense shall be enrolled in a state-supported institution of higher education for a period of twelve months following the date of conviction.

2. A student who is enrolled in a state-supported institution of higher education and who is convicted of a riot offense shall be immediately suspended from the institution upon the institution's notification of such conviction for a period of twelve months following the date of conviction; except that if a student has been suspended prior to the date of conviction by the state-supported institution of higher education for the same riot activity, the twelve month suspension shall run from the start of the suspension imposed by the institution.

3. Nothing in this section shall be construed to prohibit a state-supported institution of higher education from implementing its own policies and procedures or disciplinary actions, in addition to the suspension in subsection (2) of this section, regarding students involved in riots.

4. (a) The court in each judicial district shall report to the Colorado commission on higher education the name of any person who is convicted in the judicial district of a riot offense.

(b) The Colorado commission on higher education shall make the conviction reports received pursuant to paragraph (a) of this subsection (4) available to all state-supported institutions of higher education with the notification that the persons included in the conviction reports are subject to the provisions of this section and that the state-supported institution of higher education in which any of such persons are enrolled shall consider appropriate disciplinary action against the student.

5. Each state-supported institution of higher education shall notify its students and prospective students of the requirements of this section. The governing board of each state-supported institution of higher education shall prescribe the manner in which this information shall be disseminated.

6. For purposes of this section, unless the context otherwise requires:

'Convicted' means having received a verdict of guilty, pleaded guilty or “nolo contendere,” or having received a deferred judgment and sentence.
'Riot offense' means:
1. Inciting riot, as described in section 18-9-102, C.R.S.;
2. Arming rioters, as described in section 18-9-103, C.R.S.;
3. Engaging in a riot, as described in section 18-9-104, C.R.S.