Please review all policies, processes and procedures as applicable to OIE matters. Policies and Procedures
The OIE Process and Procedures is also intended to be UCCS’s “Campus Complaint Process and Procedures” pursuant to the University of Colorado Sexual Misconduct Policy. Specific information regarding investigation and adjudication procedures can be found in Section H of the OIE Process and Procedures.
The Office of Institutional Equity (OIE) is committed to conducting fair and unbiased investigations and providing equitable resolutions of allegations of sexual misconduct, discrimination, harassment and related retaliation. The OIE investigators act as neutral, objective fact finders when investigating a complaint. When an individual has concerns about potential discrimination or harassment by a UCCS faculty member, staff member, student, or student employee, the OIE can address the conduct either through a formal investigation or via an informal resolution process (as described in more detail below). In each case, the OIE will explain which process is the most appropriate. Throughout either process, confidential resources are also available to provide support to either party as needed. Visit the Resources Tab for a list of available resources.
If a formal investigation is commenced, the OIE shall send the respondent and the complainant a Notice of Investigation which will:
- Provide a copy of the OIE Process and Procedures;
- Identify the complainant and respondent;
- Identify the factual description premising a charge of prohibited conduct;
- Identify the prohibited conduct provisions under Section G;
- Require that the respondent contact the OIE within three (3) days to set up a meeting.
The Notice of Investigation may be sent to the respondent and the complainant by email or permanent addresses appearing in the University’s information system, to an address appearing in a police report, or may be hand delivered. Notice will be considered furnished on the date of hand-delivery or on the date emailed. For student respondents, the Dean of Students will also receive a copy of the Notice of Investigation. For employee respondents, the employee’s supervisory upline including the employee’s appointing/disciplinary authority as well as Human Resources will also receive a copy of the Notice of Investigation. If the respondent does not schedule or attend an interview by the date specified in the Notice of Investigation, or if the respondent schedules an interview but does not attend or attends but does not participate, the OIE may complete the investigation based on the totality of information obtained, which may include police investigation reports and other relevant documents or information.
The OIE follows an investigative model whereby investigators interview the complainant and the respondent separately and provide each party the opportunity to be heard and to respond. There are no formal hearings. The complainant and the respondent shall each have the right to:
- Be notified at least 48 hours in advance of an interview or meeting where a party’s presence is requested. The party may waive this notice requirement by agreeing to attend a meeting with notice of less than 48 hours;
- Present relevant information to the investigator, including evidence and identifying witnesses;
- For sexual misconduct matters only, have an advisor of their choice present during any interview, which can include, but is not limited to an attorney. Advisors are not authorized to speak or participate on either the complainant or respondent’s behalf. If a complainant or respondent chooses to have an advisor present for interviews, it is the complainant or respondent’s obligation to select an advisor whose schedule allows attendance within the timeframes designated; advisors may not be potential witnesses in the investigation and must be identified to the OIE at least 24 hours prior to any meeting where they may be present.
- Review and respond to a Written Evidence Summary of the relevant and material facts gathered during the investigation prior to the issuance of the Final Outcome Letter and Investigative Report, as described more fully below. For sexual misconduct matters only, to access witness identities to the extent allowable by law;
- Receive a copy of the Final Outcome Letter at the conclusion of the investigation; and
- Participate in the sanction process if applicable.
The OIE may determine that the most prompt and effective way to address a concern is through the informal resolution process. The primary focus during an informal resolution remains the welfare 15 of the complainant and the safety of the campus community, but it does not involve a written report or a determination as to whether a policy has been violated. This type of approach provides the University with a “remedies-based” resolution option that allows the University to tailor responses to the unique facts and circumstances of an incident, particularly in cases where there is not a broader threat to individual or campus safety. In these cases, the OIE may do one or more of the following:
- Provide interim or long-term remedial measures to complainant that do not require notification to the respondent;
- Provide targeted or broad-based educational programming or training; and/or
- Meet with the respondent to
- discuss the behavior as alleged and provide an opportunity to respond;
- review prohibited conduct policies as applicable;
- identify and discuss appropriate conduct and behaviors moving forward and how to avoid behavior that could be interpreted as retaliatory;
- follow-up with the complainant regarding the respondent’s responses if appropriate; and
- notify the DOS or the respondent’s supervisor of the allegations and responses if necessary, who will determine whether any other disciplinary action is appropriate.
Although mediation may be appropriate as an additional resolution option for many allegations of prohibited conduct, it is not appropriate for allegations of sexual assault or other serious cases.