Section E - Colorado College

SECTION E>

POLICIES

I. Severe Weather Policy

Alcohol Policy and Drug Policy

Anti-Discrimination Policy

Bicycle Policy

Buckley Amendment Policy E-16

Confidentiality of Personnel Files E-17

Conflicts of Interest in Personnel Decisions

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

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                                                                      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.

VII.      Conflicts of Interest

A potential conflict of interest exists whenever any person performing in an official College capacity has the ability to make or influence a decision which may provide a benefit to that person and/or a member of his or her family or a partner.

Potential conflicts of interest are likely to arise in grading, hiring decisions, funding of grant proposals,  tenure and promotion decisions, and supervision and evaluation.

Because it is impossible to anticipate every circumstance in which a potential conflict of interest may arise, no list of solutions can be definitive.  However, certain procedures are generally applicable:

1.         No College employee shall directly supervise or evaluate another employee or student who is a spouse, partner, or family member.  The Dean of the College, in consultation with the President, will determine how to avoid a conflict of interest in such situations involving faculty members.  The President will make the determination for other employees.

2.         In circumstances in which a faculty member has a potential conflict of interest, the faculty member shall withdraw from the decision-making process until the potential conflict no longer exists.  In the event that a faculty member declines to withdraw from the decision-making process, the Dean of the College, in consultation with the President, may remove the faculty member from further involvement with the decision.  The President shall make this determination in the case of other employees.  In each case, the costs to the College of having a person withdraw from the decision-making process shall be weighed against the benefits of reducing potential conflicts of interest.

VIII.     Copyright Law

Copying and Reproducing Material for Classroom Use

Reproduction of copyrighted material without prior permission of the copyright owner, is an issue of concern for all academic institutions, including Colorado College.  Although copying all or part of a work, without first obtaining permission, may appear to be an easy and convenient solution to an immediate problem, such unauthorized copying may violate the rights of the author or publisher of the copyrighted work.

Copyright protection under the Copyright Act for works created after January 1, 1978 lasts at least 50 years after the author's death, and may last longer, depending on the circumstances.  The protection covers both published and unpublished works, and the fact that a previously published work is out of print does not affect its copyright.

Copyright serves a dual purpose: (1) encouraging the development of original works, and (2) stimulating their widest possible distribution.  Section 107 of the Copyright Act contains a concept--established over a period of years by the courts--called "fair use."   Educational use alone is not sufficient to make a particular use a fair one.  In the legislative history of the Copyright Act, Congress endorsed certain guidelines relating to copying for educational use.

Faculty should assume that copyright applies in the same manner to materials displayed on the World Wide Web. Specific questions regarding copying from the Web should be directed to a faculty member's Information Services divisional representative.

The guidelines for making multiple copies for use in an academic setting contain the following prohibitions:

A.        Unauthorized copying may not be used to create, replace or substitute for anthologies, compilations or collected works, whether or not such unauthorized copies are collected and bound together or are provided separately.

B.         Unauthorized copies may not be made of "consumable" works, including workbooks; exercises; standardized tests, test booklets and answer sheets; and the like.

C.        Unauthorized copying may not substitute for the purchase of books, publisher's reprints or periodicals.

D.        Unauthorized copying may not be directed by a higher authority, such as a dean or chair of the department.

E.         The same faculty member cannot copy the same item from term to term, or block to block, without permission.

F.         No charge may be made to the student beyond the actual cost of the photocopying.

The Congressional guidelines further indicate that multiple copying is allowed in the following situations (unless it falls within one of the above prohibitions):

A.        When an individual faculty member is "inspired" to use a work and the inspiration, decision to use it and moment of its use for maximum teaching effectiveness are so close in time that it would be unreasonable to expect a timely reply to a request for permission.

And

B.         The following limitations with regard to the amount of copying of a work are applied:

If a complete article, story or essay is copied, and the work copied is less than approximately 2,500 words.

If a prose work is excerpted and copied, and the excerpt copied is no longer than approximately 1,000 words or 10% of the work, whichever is shorter.

If a chart, graph, diagram, drawing, cartoon or picture is copied, and not more than one such illustration is copied per book or per periodical issue.

If a short poem is copied, and the poem is less than 250 words and printed on not more than two pages, or if an excerpt from a longer poem is copied, and the excerpt is not longer than 250 words.

And

C.        The copying is for only one course.

And

D.        No more than one short poem, article, story or essay or two excerpts are copied from the same author.  In addition, no more than three works or excerpts may be copied from the same collected work or periodical volume during one course, and no more than nine instances of such multiple copying may occur for one course.  (These limitations do not apply to current news periodicals and newspapers.

And

E.         A copyright notice appears on all copies.

Copyright Clearance

Copyright clearance refers to the process of requesting and receiving permission from the copyright owner in order to make a copy of a copyrighted work.  Permission may be contingent upon the payment of a royalty or other fee.

Copying material that exceeds "fair use" limits requires clearance  from the copyright holder.  Clearance may be obtained by sending a letter to the copyright holder to make a certain number of copies for a specified purpose, or by requesting blanket permission in advance from certain publishers who are willing to have their materials widely accessible for educational purposes.  The Bookstore Manager will help faculty obtain copyright clearances.

Reproduction by Libraries

Section 108 of the 1976 Copyright Act permits libraries to make copies of copyrighted works under certain limited circumstances.  However, these rights do not apply to musical, pictorial, graphic or sculptural works.  Hence, the copying of films and other audiovisual works is not permitted, unless the request for reproduction of audiovisual materials would be protected under the "fair use" doctrine.

Therefore, the Colorado College library may reproduce limited copies of a work, provided (1) the reproduction or distribution is made without any purpose of direct or indirect commercial advantage; (2) the library collection is available not only to researchers affiliated with Colorado College, but also to other persons doing research in a specialized field; and (3) the reproduction or distribution of the work includes a notice of copyright.           

Videotapes

The use of copyrighted videotapes presents unique problems.  Copyright laws generally prohibit the reproduction of videotapes, and confer upon the copyright owner the exclusive right of public showings of the videotape.  However, the Copyright Act also specifies that certain public performances are not infringements of copyright.  Most important to faculty is Section 110(1) of the Act, which states:

performance or display of a work...in the course of face-to-face teaching activities of a nonprofit educational institution [is not a copyright infringement] unless, in the case of a motion picture or other audiovisual work, the performance...is given by means of a copy that was not lawfully made...and the person responsible for the performance knew...that it was not lawfully made...

In general, even videotapes labeled "For Home Use Only" may be used for classroom purposes.  However, charging a user fee or permitting groups of people not enrolled in the same class to view a copyrighted videotape, increases the likelihood that the showing will be considered an infringing "public performance."

The College may itself be liable if the library appears to authorize unlicensed public showings if it is in a position to control the use of copyrighted videotapes.  If a borrower expresses any intention to use a videotape owned by the College library for an unlicensed public showing, the library is under a legal obligation to inform the borrower that such a use may be prohibited by copyright law.  Therefore, most showings of a videotape as part of an entertainment or cultural program, whether or not a fee is charged, require a performance license from the copyright owner.

Copyright of Software                                                                         

Most software packages used at Colorado College are protected by copyright.  Colorado College has expended a substantial amount of money to purchase licenses for this software.  This enables the College to make software available for student and office use.  Generally, the College has purchased either a site license or a single individual license.

It is the faculty member's responsibility to ensure that the software he or she uses on College-owned computers is covered by a College license.  If the College does not own a license, the faculty member is expected to purchase his or her own license.  Colorado College may, in some cases, purchase a license for needed software.  Faculty should contact their Information Services divisional representative if there is any question regarding the use, licensing or purchasing of a particular software program. 

Making copies and giving them to other people for free or in exchange for money or other software is a violation of copyright law.  Copying the office's software and taking it home may be permitted by some licenses.  Faculty should contact their Information Services divisional representative before copying software and taking it home. Most licenses allow for one back-up copy of software .

IX. Dog Policy

Persons with dogs on the Colorado College campus should be aware that they must assume complete responsibility for the animal's behavior. Dogs are only allowed in College buildings in the case of College employees who wish to bring their dogs into their offices and in the case of seeing eye and other trained assistance dogs. Dogs should not be left unattended in offices; any dog which becomes a nuisance will be barred from the building and/or the campus. Employees are responsible for any damage their dogs cause.The administration reserves the right to remove unleashed, noisy or menacing dogs from campus.>The College, with the cooperation of the Colorado Springs Humane Society, will, when necessary, pick up and impound such animals. THESE RESTRICTIONS DO NOT APPLY TO GUIDE DOGS BELONGING TO DISABLED STUDENTS OR EMPLOYEES.

Fundraising Policy

All fundraising efforts undertaken on behalf of Colorado College by individuals, departments, student organizations, athletic teams, etc. must receive the approval of the Development Office before any fundraising occurs.

If you have any questions about the College campus fundraising policy, please contact the Vice President for Development, Alumni and College Relations.

XI. Political Activity

As a tax-exempt organization, the College must be scrupulous in avoiding partisan political activity.  This generally means that campus facilities or mail cannot be used to promote particular political candidates or parties.  However, this policy does not forbid balanced presentations for educational purposes.  Questions should be addressed to the Director of Worner Center or to the Legal Counsel.

XII.Protest and Dissent (Copied from the Pathfinder)

Policy

Freedom of Expression at Colorado College: As a private institution, Colorado College is a voluntary association of persons invited to membership with the understanding that they will respect the principles by which the College is governed. Freedom of thought and expression is essential to any institution of higher learning. Uncensored speech which does not include a right to harass, injure or silence others is essential in an academic community and will be vigorously defended. Members of the College community should understand that standards of civility, consideration, and tolerance must shape our interaction with each other.Infringing upon the expression of views, either by interfering with a speaker or by defacing or removing properly posted or distributed notices or materials, will not be tolerated.

(See Section B and E.IV.A)

Controversial Events and Speakers as Well as Campus Demonstrations:  The College reserves the right to control the time, place and manner of events which occur on campus.  The College does not seek to censor the expression of ideas, but rather to maintain campus safety and order.  Protesters may be assigned to particular places on campus by the College's security force.

Demonstrations by members of the College community may occur on campus, but must not disrupt the regular operation of the College community.  The scheduling of a speaker of event known or considered to provoke public controversy requires adequate advance notice (usually 4 weeks).In addition, the sponsor must consult with the Dean of the College (for a departmental or employee-sponsored event) or the Vice President for Student Life (for a student or student organization event) regarding the logistic arrangements.

Guidelines for Dissent and Protest:  Reasoned dissent is welcome at Colorado College; disruption of College activities will not be tolerated.  Members of the College community are free to support causes by orderly means which do not disrupt the regular operation of the College community.  Individual members of the College community speak only for themselves in their public expressions or demonstrations.  Institutional responses to the media are coordinated by the College Relations Office.  Members of the College community are welcome to distribute literature where it will not interfere with classes or other College functions.  Protesters may neither impede nor harass people wishing to attend an event, or to see or hear a speaker.  Disruption, force, or threat of force are not acceptable forms of protest at Colorado College.  The College may call upon local law enforcement agencies and may choose to impose its own disciplinary sanctions upon persons who violate the College's guidelines.

XIII.     Scholarly Misconduct

Scientific misconduct in the scholarly work of faculty is considered a serious offense by the College.  Scientific misconduct is defined as fabrication, falsification, plagiarism, or other practices which seriously deviate from those that are commonly accepted within the scientific community for proposing, conducting, or reporting research.  Scientific misconduct does not extend to honest error or honest differences in interpretations or judgments about scientific data.

Apparent cases of scientific misconduct should be brought to the attention of the Dean of the College.  The Dean will conduct an inquiry into the allegations, in consultation with the Executive Committee of the Natural Science or Social Science Divisions, as appropriate.

If the hearing committee finds the faculty member guilty of scientific misconduct, the results of the hearing will be reported to the President of the College and to any federal or other granting agencies involved in funding the faculty member's research.  The President will decide upon and implement such institutional sanctions as he or she deems appropriate, following consultation with the Dean of the College, the Faculty Executive Committee, the hearing committee, and the affected faculty member.