SECTION E

POLICIES

I. Severe Weather Policy E-2

II. Alcohol Policy and Drug Policy E-3

III. Anti-Discrimination Policy E-7

IV. Bicycle Policy E-15

V. Buckley Amendment Policy E-16

VI. Confidentiality of Personnel Files E-17

VII. Conflicts of Interest in Personnel Decisions E-18

VII. Copyright Law E-18

IX. Dog Policy E-23

X. Fundraising Policy E-23

XI. Political Activity E-23

II Protest and Dissent E-24

XIII. Scholarly Misconduct E-25

POLICIES

I. Severe Weather Policy

The College's tight scheduling under the Block Plan makes it imperative that classes and supporting operations be maintained during severe weather insofar as prudently possible. Unless advised to the contrary by media announcements, students, faculty and staff will be expected to maintain normal class, office, and other operations as scheduled.

In the event of unusually severe weather conditions, faculty and staff members and non-resident students will be asked to use their best judgment about coming to the campus, but certain essential personnel will be expected to report. Non-essential personnel should make the decision as to whether to report to work in consultation with their supervisors and, if possible, the Human Resources Office. In the event of unsafe weather conditions, faculty supervisors are authorized to release their staff with pay. Support staff persons who live far from campus or are hesitant to drive in poor weather conditions may elect to use an accrued sick leave day or vacation day or to take leave without pay. For purposes of this policy, essential personnel are those associated with Food Services, Facilities Services, Boettcher Health Center, and Residence Halls and the College=s telephone switchboard. Campus security is available to transport essential personnel to campus.

Classes will be suspended only in the event of clearly hazardous conditions. When classes are in session, Tutt Library, El Pomar Sports Center and Worner Campus Center will remain open.

Facilities Services will advise the President about weather conditions; the President will make the decision as to whether to close the campus. The Office of College Relations will be advised of the President=s decision so that proper notice can be given to the College=s switchboard, KRCC and all three local TV channels. Such notice will normally be given no later than 7 A.M.. Employees should listen to KRCC (91.5 FM) or KRDO (1240 AM) for notification that the campus is closed.

In the event of deteriorating weather conditions during the working day, the decision as to whether to close offices early will be made by the President and communicated by the Human Resources Office.

II. Alcohol and Drug Policy

A. The College=s Policy

In compliance with the requirements of the Drug-Free Workplace Act of 1988 and the Drug-Free Schools and Communities Act Amendments of 1989, Colorado College has adopted this policy regarding the unlawful use of drugs and alcohol by students and employees. Abiding by this policy is a condition of continued employment for employees and continued enrollment for students. However, no policy can cover all possible situations. When this policy is not specific on a certain point, students and employees are expected to conduct their activities in a socially responsible manner, and sanctions may be invoked for failure to do so.

The unlawful use, possession, distribution, manufacture or dispensing of illicit drugs or alcohol is prohibited on Colorado College property or as part of any of the College=s activities. Illicit drugs refers to controlled substances as defined in Schedules I through V, Section 22 of the Controlled Substances Act (21 U.S.C. Section 812) and related regulations (21 C.F.R. 1308.11 through 1308.15) as amended from time to time, and as defined in Title 12, Article 22, Part 3 of the Colorado Statutes, as amended from time to time.

As an educational institution, Colorado College attempts to educate its community members about unlawful use of illicit drugs and alcohol, and to encourage appropriate, responsible behavior. The health risks associated with the abuse of alcohol and the use of illicit drugs are numerous. They include malnutrition, brain damage, heart disease, pancreatitis, cirrhosis of the liver, emotional illness, coma and death. In addition, use during pregnancy endangers the fetus. Personal relationships and the ability to work and study are at risk. There is also the possibility of blackout (temporary amnesia) when a person consumes a large amount of alcohol in a short period of time.

The College recognizes that chemical dependency of any sort is a major health problem and encourages employees and students who need help in overcoming such dependency to use the counseling, treatment and rehabilitation programs described in this policy.

Disciplinary sanctions for violation of this policy by any employee may include, but are not limited to, reprimand, reassignment, demotion, suspension, or termination of employment. Disciplinary sanctions for students may include, but are not limited to, disciplinary warning, probation, suspension, or expulsion. A disciplinary sanction for either employees or students may include the completion of an appropriate rehabilitation program. Referral to the authorities for prosecution under criminal law may also be invoked, especially in cases of unlawful sale or distribution of drugs or alcoholic beverages. All disciplinary sanctions for violation of this policy shall be subject to other applicable College policies and regulations regarding disciplinary action with respect to students, faculty, administration and support staff.

In addition to internal disciplinary sanctions, any employee or student who is convicted of unlawful use, possession, distribution, manufacture or dispensing of illicit drugs or alcohol may be subject to applicable criminal sanctions under local, state and federal law. Penalties range in severity from relatively minor fines to fines of several million dollars. Imprisonment is also a possibility, for terms ranging from six months to a life sentence.

Any employee, whether faculty, administrator or support staff, who is convicted under a criminal drug statute for a violation occurring in the workplace must so notify the College=s Legal Counsel, within five (5) days from the date of conviction.

The Residence Hall staff, Student Life administrators, Legal Counsel, Human Resources, and Boettcher Health Center staff will provide information or counseling on the physiological, psychological, and legal aspects of drug and alcohol use.

B. College Resources

Drug and alcohol confidential assessment, referral, and counseling is available to students at Boettcher Health Center (for more information contact 389-6618). The Alcohol & Drug Education Coordinator may be reached at 389-6618. The College also offers an adjunct course on ADrugs and Alcohol in American Life@ (the Registrar can provide information on enrollment). Employees may contact Human Resources at 389-6421 for more information.

c. Community Resources

The following community counseling, treatment and rehabilitation programs are available to students and employees (students must be referred by Boettcher Health Center):

The Center for Behavioral Heatlh/

St. Francis Health Center - Riegel 776-8741

Alcoholics Anonymous (24 hour) 573-5020

Al-Anon/Al-Ateen 632-0063

Cocaine Anonymous 590-8720

Drug Hotline 1-800-378-4435

PacifiCare Behavior Health (HMO participants) 1-888-777-2735

Domestic Violence Prevention Center Crisis Line 633-3819

El Paso County Health Dept. Drug & Alcohol Treatment Clinic 578-32150

PacifiCare (PPO participants) 1-800-255-1180

Youth Power Clubs (Elementary age)/Teams (Jr./Sr. High) 1-800-258-2766

Narcotics Anonymous 637-1580

National Clearinghouse for Alcohol & Drug Information 1-800-729-6686

Pikes Peak Mental Health Chemical Dependency

Emergency (24 hour) 390-2400

- Response Team/Crisis Center 635-7000

- General Information 572-6100

Suicide Prevention 596-5433

Profile Employee Assistance Program 634-1825

A list of community resources for counseling, treatment and rehabilitation for drug and alcohol related problems is printed in the Colorado College Pathfinder, which is published annually by the Student Life Office. The Residence Hall Staff, Student Life Administrators, Legal Counsel, Human Resources, and Boettcher Health Center staff will provide information or counseling on the physiological psychological, and legal aspects of alcohol use. For more information, please contact their offices.

D. Alcohol Use at the College

While the College=s alcohol policy reflects current federal, state and local laws governing the possession, distribution, and use of alcohol, it also expresses the College=s commitment to responsibility in the use of alcohol. Non-College groups that use College facilities may NOT serve alcohol. Colorado law prohibits consumption of alcoholic beverages by people under age 21. The law also imposes social host liability on people who serve alcohol, or permit it to be served, to minors, visibly intoxicated persons, or habitual drunkards. Any attempt to sell alcoholic beverages without a license violates the Colorado State Liquor Code and is subject to College disciplinary action.

E. College Functions at Which Alcohol is Served

For the purposes of this policy a function is defined as a gathering sponsored by Colorado College, or any of its constituent groups, at which alcohol is served. The presence of alcohol at these functions creates a need to manage the activity with care and to be more concerned with the conduct of those present. Those who plan or choose to attend functions where alcoholic beverages will be served and consumed must assume responsibility for the consequences of their actions.

(i) Employee Functions on Campus (including the Stabler-Gilmore cabin and the Baca Conference Center)

a. Faculty, administrators and support staff who wish to sponsor a College function must register the function with the office of the Legal Counsel and General Secretary. Registration forms must be received at least one week prior to the function. Sponsors must follow the AProcedures for Employee Functions At Which Alcohol is Served.

b. Generally, alcoholic beverages are not permitted in academic buildings, but exceptions will be made for employee functions in Gates Common Room, Packard Lounge and Gallery, Armstrong Great Hall, Hulbert and Mierow.

c. Only wine and beer with food may be served at functions in Worner Center and Bemis Dining Room.

d. No alcoholic beverages may be served in campus areas that can be viewed from a public thoroughfare.

(ii) Off-Campus College Functions

a. College functions which take place off-campus at establishments licensed to sell alcohol are not governed by the College=s alcohol policy

b. College functions which take place off-campus at locations not licensed to sell alcohol are governed by the College=s alcohol policy.

c. Federal, state and local laws (and not the College=s alcohol policy) govern off-campus employee sponsored and/or supervised functions, such as class parties and field trips; however, sponsors have the right to prohibit alcohol consumption.

5. Procedures for Employee Functions At Which Alcohol is Served

All functions must be registered with the Legal Counsel and General Secretary at least one week in advance, using the Employee Alcohol Activity Registration Form provided by that office.

Trained servers/bartenders must be used at functions where guests under age 21 will be present.

Cover charges, donations, gifts, or costs of any kind for a function at which alcohol is served constitutes a violation of the Colorado State Liquor Code, unless a Special Events Permit to sell alcohol has been obtained.

Sponsors must provide adequate food and non-alcoholic beverages.

Campus publicity for functions may not include any reference to the availability of alcohol; however, personal invitations may reference cocktail hour, etc..

III. Anti-discrimination Policy

COLORADO COLLEGE DOES NOT DISCRIMINATE ON THE BASIS OF RACE, COLOR, NATIONAL ORIGIN, SEX, AGE, RELIGION, DISABILITY, OR SEXUAL ORIENTATION IN ITS EDUCATIONAL PROGRAMS AND ACTIVITIES OR EMPLOYMENT PRACTICES. ANY PERSON FOUND TO HAVE VIOLATED THIS ANTI-DISCRIMINATION POLICY WILL BE SUBJECT TO APPROPRIATE DISCIPLINARY ACTION.

A. Definition of Discrimination

Discrimination occurs when race, national origin, color, gender, age, religion, disability, or sexual orientation are used as irrelevant criteria for action. Discrimination is particularly condemned when it exploits and jeopardizes the trust that should exist among members of an educational institution. To preserve a work and study atmosphere that fosters such trust, Colorado College affirms the principle that students, faculty, administrators and support staff must be treated equitably and evaluated on the basis of merit rather than irrelevant criteria. Particularly, when a person intentionally or inadvertently abuses the power and authority that is inherent in his or her position, there are potential negative consequences both to the individuals involved as well as to the educational and working environment of the College. Members of the College community have a responsibility to report discrimination and those in supervisory roles have a special responsibility to take action to correct it.[1]

Students, faculty, administrators, or support staff who believe that they have been discriminated against may obtain redress through the complaint procedures adopted as a part of this Anti-Discrimination Policy.[2] They may choose to pursue the matter through informal consultation or formal grievance procedures, or both. The College will respond promptly and equitably to both informal and formal complaints, and will respect, insofar as possible, the right to confidentiality of all members of the College community. Retaliation against persons who bring complaints of discrimination in good faith is prohibited and is, in itself, a form of discrimination that is actionable under this policy.

B. Harassment

Harassment is a special form of discrimination. It may be based on a person's race, color, national origin, sex, age, religion, disability or sexual orientation. It includes a wide range of abusive and humiliating verbal or physical behaviors which are directed against a particular person or persons. In some cases, the conduct may be such that it is clear that it is directed against a particular person or persons, even though the person(s) may not be explicitly identified. While the College considers all discriminatory slurs and conduct to be reprehensible, the creation of a hostile climate for the person(s) against whom the behavior is directed requires more than a casual comment or incidental behavior. The conduct must be sufficiently severe or pervasive to alter the conditions of the person's employment or educational experience at the College.[3]

Sexual harassment is a unique form of harassment.[4] It may be similar to other types of harassment in that unwelcome sexual remarks or conduct are directed at a particular person or persons, and this conduct persists despite the target's lack of encouragement of the conduct. It may also take the form of quid pro quo harassment, which occurs when submission to sexual advances is made, or threatened as, a condition of employment or educational benefits.

C. Civility, Consideration, Tolerance

Members of the College community should understand that standards of civility, consideration and tolerance must shape our interactions with one another, regardless of whether the violation of such standards subjects one to sanctions under this Anti-Discrimination Policy. Certain types of behavior may be inappropriate even though they may not be violations of the policy. Such behaviors will be dealt with by suasion rather than sanctions. In keeping with the need to protect academic freedom, it should also be understood that a greater degree of latitude will be permitted in academic settings than in performing administration and support functions. Sanctions for the creation of a hostile climate in the workplace, unlike in academic settings, will be imposed without regard for faculty members' right to determine the appropriate content and presentation of academic material.

D. Procedures for Resolving Complaints

The College's methods of handling complaints of discrimination include informal consultation and formal grievance procedures. Regardless of the procedure selected by the complainant, prompt reporting is important; formal complaints must be filed within six months after the last alleged incident of discrimination.

1. Informal Consultation Procedures

a. Persons who believe that they have been discriminated against (hereinafter referred to as the "complainant") may seek information and advice from specially designated advisors. A list of these advisors is circulated to the College community at the beginning of each academic year. It usually includes the following persons:

- Administrator designated by the Committee on Administrative Issues

- Associate Dean of the College

- Chairperson of the Minority Concerns Committee

- Chairperson or Co-Chair of the Women's Concerns Committee

- College Chaplain

- College Vice Presidents

- Dean of the College

- Dean of Students

- Director of Human Resources

- Director of Minority Student Life

- Faculty Advisor to Gay and Lesbian Alliance

- International Students Advisor

- Members of the Victim Assistance Team

- Security Education Coordinator

- Support staff member designated by the Support Staff Advisory Committee

b. The purpose of the initial informal consultation is to discuss possible courses of action available to the complainant. These include:

i) The complainant may communicate directly, orally or in writing, with the person who has engaged in the allegedly discriminatory behavior (hereinafter referred to as the "respondent"), and ask that person to cease the behavior.

ii) With the agreement of the complainant, the advisor may contact the respondent in an effort to reach an acceptable resolution without recourse to the formal grievance procedures outlined in this policy. The name of the complainant need not be disclosed.

iii) The complainant and/or the advisor (with the agreement of the complainant) may discuss and attempt to resolve the matter with the respondent's supervisor, or with the Dean of the College (for complaints by or against faculty), the President of the College (for complaints by or against the Senior Staff), the Dean of Students or the Dean of Residential Life (for complaints by or against students), or the Director of Human Resources (for complaints by or against administrators and by or against support staff). The name of the complainant need not be disclosed.

iv) The advisor may encourage the complainant and the respondent to seek mediation by a member of the College community acceptable to both parties. The mediator shall not have punitive power, but shall attempt to resolve the complaint by mutual agreement of the complainant and respondent.

c. All complainants are strongly encouraged to avail themselves of the benefits of informal consultation before pursuing formal grievance procedures. Students who have complaints about faculty conduct in the classroom and in other academic contexts must consult informally with the Dean or Associate Dean of the College, or the Dean of Students, or the Vice President for Student Life, before they may file a formal complaint. If any one of these administrators determines that the behavior complained about is within a faculty member's academic freedom and/or does not come within this policy's definition of harassment, the administrator will attempt to resolve the problem by means of the informal procedures outlined in this policy. If this is not possible, the administrator will issue a written report of his or her findings. This report will be available to the grievance committee, if a formal complaint is filed.

d. All aspects of the informal consultation process shall remain confidential. Advisors may not reveal any details of a particular case except to a counselor at Boettcher Health Center, the College's Legal Counsel, or an investigating committee, if the complainant files a formal complaint. In each case of an informal complaint, the advisor will file a report with the College's Legal Counsel, outlining (a) the names of the complainant and the respondent, (b) the date of the alleged discrimination, (c) the nature of the incident, (d) the relationship of the parties involved, e.g., student and faculty, and (e) the resolution or outcome. No copies of the report shall be retained anywhere else, including the advisor's file.

e. The Legal Counsel may determine that a particular informal complaint is sufficiently serious to be referred to the Dean of the College, the appropriate Vice President or the President for possible disciplinary measures, or to a trained mediator for resolution.

2. Formal Grievance Procedures

a. Colorado College Employees[5]

i) Persons who believe that they have been discriminated against by a Colorado College employee may file a formal written complaint with the College's Legal Counsel. Although informal resolution is highly encouraged, formal complaints may be filed without first proceeding through informal consultation (except as noted in Section (A)(3) of this policy). The formal complaint should be filed as soon as possible after the allegedly discriminatory conduct but, in no event, later than six months after the last alleged incident of discrimination.

ii). Upon receiving the formal complaint the Legal Counsel immediately contacts the respondent. The respondent ordinarily has ten days to respond in writing. If no response is received within ten days, the formal process proceeds (the response time may be extended in special circumstances, e.g., the respondent is on temporary leave from the College). The Legal Counsel then forwards the complaint and the response to an ad hoc grievance committee (described below). If more than one complaint has been filed against a respondent, the complaints may be investigated by the same grievance committee.

iii) Formal complaints are investigated by a five-person committee selected by the Legal Counsel. With due attention to racial and gender balance, at least two of these persons are selected from the same College constituency (i.e., student, faculty administration or staff) as the complainant, and at least two are from the same constituency as the respondent. The Director of Human Resources serves as a staff person to the grievance committee but does not vote. The committee selects its own chairperson at the beginning of its deliberations. The identities of the persons selected are made known to the complainant and the respondent, who will have the opportunity to provide information which might indicate bias or conflict of interest on the part of any person selected.

iv) The five-person grievance committee is selected from a panel of sixteen persons: four faculty, four administrators, four support staff and four students. These sixteen persons are selected by the President on the basis of recommendations from the following committees: (a) the Faculty Executive Committee, which solicits nominations from the faculty at large and from these nominations recommends tenured faculty members, (b) the Committee on Administrative Issues, which recommends administrators, (c) the Support Staff Advisory Committee, which recommends support staff persons, and (d) the Colorado College Campus Association, which recommends students.

v) All persons on the panel serve for staggered renewable terms of two years, with initial appointments to be divided equally between one and two year appointments. All members of the panel are expected to understand the problems related to discrimination and harassment, as well as the potential tension between academic freedom and harassment. All are expected to become familiar with federal, state and local non-discrimination laws and with the College's Anti-Discrimination Policy, as well as with the proper investigation of formal complaints. This training is provided annually prior to hearing any cases. The names of the persons on the panel are made known to the College community at the beginning of each academic year.

vi) The grievance committee consults with the Legal Counsel regarding its responsibilities, reviews the matter, examines the relevant evidence, hears at least the complainant and the respondent and may also call other witnesses. The complainant and the respondent shall each have the right to request that the committee interview up to three additional witnesses. The complainant and the respondent may each be accompanied by a personal representative of their choice, who shall not be permitted to participate in the hearing, and who may be a specially designated advisor under this Anti-Discrimination Policy. The complainant and the respondent may also consult the College's Legal Counsel or the Director of Human Resources, either of whom will ensure that both parties are treated equitably, are not subject to retaliation, and are minimally disrupted in their continuing relationship with the College.

vii) When the grievance committee completes its investigation, it reports its findings in writing to the Dean of the College or the appropriate Vice President, or the President (for cases involving Senior Staff), and to each of the parties. If the respondent is found to have violated this Anti-Discrimination Policy, the grievance committee recommends disciplinary action appropriate to the nature of the conduct, and may also recommend a remedy for the complainant. Considerations affecting the committee's recommendation should include:

-- The severity of the respondent's conduct.

-- Whether the conduct was intentional or unintentional.

-- Whether the conduct involved a single incident or repeated acts of discrimination.

-- Any mitigating or aggravating circumstances with respect to either party.

viii) If the grievance committee reports a finding of discrimination, the Dean of the College, or the appropriate Vice President, or the President (for cases involving Senior Staff) takes appropriate disciplinary action, up to and including dismissal or discharge from the College. The complainant is informed of the administrator's action. If the grievance committee determines that there were insufficient grounds for the complaint, it recommends that no disciplinary action be taken against the respondent. In all cases, the Committee's final report and a record of the administrator's action, if any, are placed in the respondent's personnel file.

ix) If the grievance committee finds that the complaint was not brought in good faith, and that the charges of discrimination were fabricated or malicious, it may recommend that the Dean, or the appropriate Vice President, or the President (for cases involving Senior Staff) take appropriate disciplinary action, up to and including dismissal or discharge of the complainant from the College. However, grievance committees should keep in mind that charges of discrimination cannot always be substantiated, and that lack of corroborating evidence should not be interpreted as lack of good faith on the part of the complainant.

x) Whenever possible, the grievance committee's recommendation is arrived at by the unanimous vote of its members. In cases where a unanimous vote is not possible, that fact shall be stated in the committee's report.

xi) The confidentiality of all parties to a discrimination complaint must be strictly observed, insofar as it does not interfere with the College's obligation fully to investigate allegations of discrimination and to take corrective action. Dissemination of information or written materials to persons not involved in the formal grievance procedure is not permitted. Violations of this paragraph by either the complainant or the respondent may lead to disciplinary action against either party.

xii) Either party may appeal the grievance committee's findings but only the respondent may appeal the disciplinary action taken by the Dean of the College or a Vice President. Appeals must be submitted in writing to the President, whose decision in all cases is final.

xiii) The application of the formal grievance procedures to any particular case must be concluded within ninety days, excluding periods when classes are not in session, or as otherwise agreed by both the complainant and the respondent. Charges of retaliation resulting from the filing of a formal complaint shall be considered as separate complaints for purposes of this provision.

b. Colorado College Students

i) When the respondent is a Colorado College student, the complainant may pursue student judicial charges. College judicial sanctions for students range from oral warnings to permanent expulsion. Two judicial procedures are available to persons alleging discrimination by a student: an administrative hearing and a Student Conduct Committee hearing. Both types of judicial hearings are supervised by the Dean of Students. If the respondent denies the charge, the complainant may pursue the complaint through either an administrative hearing or the Student Conduct Committee. If the respondent admits the charge, the complaint is forwarded to the Dean of Students, who determines an appropriate sanction. In making a decision as to which judicial procedure to follow, complainants are encouraged to consult with a Student Life administrator and/or a member of the Student Conduct Committee (listed in the College directory), all of whom can provide more specific information about the College's judicial system for students.

ii) Persons alleging discrimination by a student may also file a formal complaint pursuant to Section (B)(1) of this policy. In the event that the complainant first pursues student judicial charges, the formal complaint shall constitute an appeal from the results of the student judicial procedure and shall not be filed until the student judicial procedure has been completed. The student judicial system is not available for purposes of appeal from the results of the formal grievance procedures set forth in this policy.

E. Education of College Community

1. The Legal Counsel and the Director of Human Resources have the responsibility of educating the College community regarding the negative consequences of discrimination. Among their responsibilities, they conduct workshops and train the informal advisors under this Anti-Discrimination Policy and the grievance committees appointed to investigate formal complaints of discrimination.

2. The Legal Counsel and Director of Human Resources submit an annual report to the College community, outlining the number of informal and formal complaints filed, the College constituencies involved, and the outcome of each case. The identities and positions of the parties are not included in the report.

Inquiries regarding this Anti-Discrimination Policy may be directed to the Legal Counsel, who is also the Title IX coordinator, in Room 205, Armstrong Hall.

IV. Bicycle Policy

Bicycles are not permitted inside academic buildings, with the exception that employees of the College may bring their bicycles into their offices for safekeeping. Employees are responsible for any damage caused by their bicycles.

Bicycle riding is not permitted inside any building. Bicycles blocking entryways, doors, stairwell-banisters, or disability access ramps will be picked up by College Security or residence hall staff and held at the Heating Plant; hindering traffic flow in and out of buildings violates both the City fire code and College policy. Owners of bicycles that have been impounded will be fined $5.00. Parked bicycles should be kept locked at all times.

V. Family Educational Rights and Privacy Act

(The Buckley Amendment)

The rights of all students under the Family Educational Rights and Privacy Act (otherwise known as the Buckley Amendment) are as follows:

A. Right of Inspection or Access

Each student has the right to:

1. be provided with a list of personal educational records, files, and documents maintained by Colorado College or by a person acting on behalf of the College;

2. inspect and review the content of such records;

3. obtain copies of records at the student=s expense;

4. receive a response from the College to a reasonable request for explanation or interpretation of records; and

5. have a hearing to challenge the content of the records.

Faculty should be aware that educational records are subject to the Family Educational Rights and Privacy Act regardless of the method of compiling the information or the medium in which it is presented.

B. Release of personally Identifiable Student Information

Information other than directory information may be released or made available to others only under the following circumstances:

1. To Colorado College officials who have a legitimate educational interest in such information.

2. To the parent(s) of a dependent student, as defined by the Internal Revenue Code.

3. In an emergency if the release of such information is necessary for the protection of the student=s health or safety.

4. Under court order or subpoena.

5. To a victim of a crime of violence alleged to have been perpetrated by a student.

6. To companies that have been contracted by the College to manage a College operation. (For example, AT&T has been contracted to manage the billing for student long-distance telephone service.) These companies sign a contract stating that this information is confidential and will not be made public.

Copies of the Family Educational Rights and Privacy Act of 1974, as amended, and the regulations published by the Department of Education are available for examination in the College library.

VI. Confidentiality of Personnel Files

Responsible personnel decisions depend on the College=s ability to obtain objective information and candid evaluations of faculty and administrators. Confidentiality encourages candor and openness in the evaluation process.

This policy is issued in response to these considerations and also in recognition of the importance of preserving the confidentiality of records requested by third parties.

A. Personal Access to Files

A member of the faculty or administration of the College shall, upon written request, receive a written summary of the information in his or her file. The written request should be directed to the person who has custody of the file. The faculty member or administrator shall have the right to add to the file materials and information pertinent to the matters disclosed in the written summary. In some cases, the faculty member or administrator may also be provided with copies of letters and other materials in his or her file, redacted of all identifying information. In cases of reappointment, performance reviews, promotion and granting of tenure, the candidate, upon written request, shall be given a written summary of his or her strengths and weaknesses, as indicated in evaluations. The identities of the evaluators will not be disclosed.

B. Third Party Access

Unless the law mandates disclosure, Colorado College will not release any confidential information contained in personnel files to third parties. Confidential information includes, but is not limited to, objective information (such as curriculum vitae and unpublished manuscripts), opinions expressed and conclusions reached in appointments, performance reviews, promotion, grant of tenure and termination. In the event that the College is required by law to furnish confidential information, the release of such information will be confined to the narrowest scope possible under the circumstances.

Nothing contained in this policy shall be construed to deny access to persons or groups engaged in carrying out their defined and legitimate responsibilities on behalf of the College.