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College-wide Policies

Anti-discrimination Policy and Procedures

Responsible office
Title IX
Responsible party
Title IX Coordinator and Deputy Title IX Coordinators
Last revision
November 2018
Approved by
Board of Trustees
Approval date
November 2018
Effective date
December 2018
Last review
November 2018
Additional references
None

Scope

All financial and administrative policies involving community members across campus are within the scope of this policy. If there is variance between departmental expectations and the common approach described through college policy, the college will look to the campus community to support the spirit and the objectives of college policy.

Policy

Colorado College does not discriminate and does not tolerate discrimination against students, faculty, staff, applicants for admission and employment, and visitors, in its education programs and activities and its employment practices on the basis of race, color, national or ethnic origin, marital status, disability, religion, veteran status, age or any other status protected under local, state or federal law. Discrimination includes harassment, which includes a wide range of abusive and humiliating verbal or physical behaviors that are directed against a particular person or persons because of one or more of the above protected characteristics. This includes creating a “hostile environment” where the conduct is sufficiently severe or pervasive to alter the conditions of the person’s employment or educational experience at the college. The college further believes that students, faculty, staff, applicants for admission and employment, and visitors have the right to be free from retaliation for reporting or participating in the investigation of alleged violations of this policy or in any related proceeding, including a criminal proceeding or a proceeding with a government agency. (All of the highlighted terms in this policy are defined below.)

Individuals who engage in such conduct will be subject to disciplinary and other remedial action under this policy. In addition to violating this policy, such conduct also may violate certain civil and criminal local, state and federal laws, including but not limited to Title VI and VII of the Civil Rights Act of 1964, Section 504 of the Rehabilitation Act of 1973, the Americans with Disabilities Act of 1990, the Age Discrimination Act of 1967, and the Age Discrimination Act of 1975, all as amended.

This purpose of this policy is to strive to prevent discrimination, harassment, and retaliation by educating students, faculty, and staff about behaviors that may constitute prohibited conduct. When prohibited conduct does occur, this policy guides affected students, faculty, and staff to support services, interim measures and other resources, and explains the procedures for how conduct may be reported, investigated and addressed. The college is committed to procedures that are equitable for everyone involved, including the reporting party (and the subject of an alleged violation if not the reporting party) and the responding party. The college strives to impartially and reliably investigate alleged violations of this policy, and take prompt and appropriate action when violations are found to have occurred so as to prevent their recurrence and remedy their effects.

The college requires faculty and staff to promptly report conduct that may violate this policy to the Title IX coordinator or one of the deputy Title IX coordinators.

The college also strongly encourages students, applicants for admission and employment, and visitors to promptly report conduct that may violate this policy. Even when a report is not made, the college will promptly and appropriately address conduct of which it becomes aware that may violate this policy. Finally, the college strongly encourages the prompt reporting of any conduct that may be criminal in nature to law enforcement.

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 policy. Certain types of behavior may be inappropriate even though it may not violate this policy and/or applicable law.

This is the controlling policy at the college addressing any form of discrimination or harassment other than gender-based discrimination, sexual harassment, and sexual violence, as well as retaliation associated with any prohibited conduct under this policy. The college community should also be aware of the college’s Gender-Based Discrimination, Sexual Harassment, and Sexual Violence Policy and Procedures, which address discrimination, harassment and retaliation that is based on gender-based discrimination, sexual harassment and sexual violence.

This policy may be interpreted, applied or changed by the college at any time, as determined solely by the college. This policy does not create any contractual rights with any third party, including with students, faculty or staff, applicants or visitors. The college retains sole discretion to take appropriate action depending on the facts and circumstances of any particular situation and consistent with applicable law.

RELATIONSHIP TO OTHER POLICIES

All financial and administrative policies involving community members across campus are within the scope of this policy. If there is variance between departmental or other policies and expectations and the common approach described in this college policy, this policy will control.

I. SCOPE

This Policy applies to students, faculty, staff, applicants for admission to or employment with the College, visitors or any third party who otherwise has some relationship with the College.  The conduct prohibited by this Policy may be committed by any individual (or group) against any other individual (or group), regardless of such individual’s (or group’s) race, color, national or ethnic origin, marital status, disability, religion, veteran status, age or other protected status.

This Policy protects individuals in connection with all the academic, educational, employment, extracurricular, athletic, and other programs of the College, whether those programs take place in a College facility or on campus, at an off-campus class, program or activity sponsored by the College, or on College-provided transportation.  Additionally, the Policy protects individuals who experience prohibited conduct off-campus when the conduct has continuing effects on the individual in the College setting.  Incidents should be reported to the College as soon as possible after an incident occurs, but there is no statute of limitations for reporting an incident to the College; provided, however, that the timing of when an alleged incident occurred may affect the College’s ability to respond to the incident, including whether a report will be investigated or dismissed.

II. DEFINITIONS

Please see Definitions section below Procedures.

Procedures

III. PROCEDURES FOR ADDRESSING AND REPORTING DISCRIMINATION, HARASSMENT, RETALIATION, AND OTHER PROHIBITED CONDUCT

If you are a student, faculty, staff, visitor, or applicant for admission to or employment with the College who has been subjected to, or who has knowledge of, alleged discrimination, harassment, or retaliation, you may make a complaint or report with the Title IX Coordinator or a Deputy Title IX Coordinator, which may be resolved through informal or formal resolution procedures described in this Policy.  These are not mutually exclusive, meaning that you may pursue an informal resolution procedure, but then at any time choose to pursue formal resolution procedures.

A. Filing a Complaint or Otherwise Reporting Alleged Prohibited Conduct.

i. If you wish to report an incident involving alleged discrimination, harassment, or retaliation, you must report the incident to one of the following College officials:

• The College’s Title IX Coordinator: If the responding party is a student, staff, or faculty, you may report to the College’s Title IX Coordinator. The College’s Title IX Coordinator is Gail Murphy-Geiss and she can be reached by calling x6868 or (719) 389-6868, emailing gmurphygeiss@coloradocollege.edu, or going to Palmer 131C.

• Deputy Title IX Coordinator for Students: If the responding party is a student, you may report to the College’s Deputy Title IX Coordinator for Students. The College’s Deputy Title IX Coordinator for Students is Rochelle Mason, the Senior Associate Dean of Students, and she can be reached by calling x6800 or (719) 389-6800, emailing RMason@coloradocollege.edu, or going to Worner Center 230.

• Deputy Title IX Coordinator for Staff: If the responding party is a staff member, you may report to the College’s Deputy Title IX Coordinator for Staff. The College’s Deputy Title IX Coordinator for Staff is Barbara Wilson. She can be reached by calling x6421 or (719) 389-6421, emailing bwilson@coloradocollege.edu, or going to Spencer Center, Suite 101.

After you contact one of these individuals they will assist you in completing a written complaint/report form.  Reporting an incident to one of these individuals should be done as soon as possible after the incident occurred.  However, there is no statute of limitations on such complaints, although the timing of when an alleged incident occurred may affect the College’s ability to respond to the complaint, including whether a report will be investigated or dismissed.  Nevertheless, the College welcomes complaints at any time, in our attempt to maintain a safe and productive educational community.

Once the complaint procedures have been initiated, the complaint will be investigated and/or otherwise resolved in a manner deemed appropriate  by the College, even if the reporting party, the subject of the alleged violation (if not the reporting party), or the responding party leaves the College.

ii. If you report an incident to someone other than the above-listed individuals (for example, to a professor or a supervisor), they will refer the incident to the Title IX Coordinator or a Deputy Title IX Coordinator who will then determine the appropriate action to take. You may be contacted to determine if you would like to file a complaint or otherwise participate in an investigation.

iii.  The Title IX Coordinator may decide to initiate a complaint with the College acting as the reporting party.

iv. If a complaint regarding a student also alleges violations of the Student Honor and Community Standards Policies and Procedures or other College policies, those allegations will be investigated pursuant to the same process that alleged violations of this Policy are investigated or those allegations may be investigated separately, in the College’s sole discretion.

v. As part of the intake process, the Title IX Coordinator or a Deputy Title IX Coordinator will determine if a complaint falls under this Policy or should be referred to another College official.

vi. Once a complaint is made or an incident has otherwise been reported, the informal resolution procedures may be pursued, if the involved parties are interested in, and agree to participate in an informal resolution procedure. The informal resolution procedures are voluntary and may be stopped at any time by any involved party.  If informal resolution procedure are not pursued, the following formal procedures will be followed.

vii. If multiple complaints or reports are received involving some of the same involved parties (for example, if multiple students report that the same student has engaged in different incidents of alleged conduct prohibited by this Policy), the College will determine how to address such multiple complaints or reports, including whether such complaints or reports should be investigated together or separately, and including whether some may be resolved through informal resolution procedures and some may be resolved through the formal resolution procedures.   

B. Informal Resolution Procedures: Students, faculty or staff may pursue a voluntary informal resolution procedure for resolving some types of prohibited conduct under this Policy. However, informal resolution procedures may not be appropriate to resolve all allegations of discrimination, harassment, or retaliation.  Before parties agree to participate in an informal resolution procedure, they will be provided full disclosure of the allegations and their options for formal resolution procedures, provided that a complaint or report has been made.  Sometimes informal resolution procedures may be pursued for a particular situation when there has not been a complaint or other report of prohibited conduct under this Policy.

You may contact one of the advisors listed below to pursue informal resolution:  Associate Dean of the College; Co-Chairperson of the Diversity and Equity Advisory Board; College Chaplains; College Vice Presidents; Dean of the College; Associate Dean of the Faculty; Dean of Students; Senior Associate Deans of Students; Title IX Coordinator; Deputy Title IX Coordinators; Director of Human Resources; ADA/504 Coordinator; Assistant Vice President and Director of the Butler Center; International Students Advisor; and Residential Life and Housing professional staff.

Informal resolution procedures may include the following:

i. The reporting party may communicate directly, orally or in writing, with the person who has engaged in the allegedly prohibited conduct, and ask that person to cease the behavior. This informal procedure can be done with or without the involvement of any third party.

One of the above listed individuals could help in facilitating communication with the responding party where the reporting party (or the subject of an alleged violation) should not communicate directly with the responding party.

ii. The reporting party (and/or the subject of an alleged violation) and the responding party may discuss and attempt to resolve the matter informally with the assistance of one of the individuals listed above or a mediator.

iii.  All aspects of the informal resolution procedures will remain confidential to the extent possible; however, the College cannot guarantee confidentiality in cases where such protection allows the behavior to continue, such that future harm is possible, or the College otherwise has an obligation to address the behavior or disclose it on a need-to-know basis.

iv. There may be other informal resolution procedures not described here that are used by the parties and the College, if determined appropriate for a particular situation, and if agreed upon by the parties.

v. Informal resolutions may be documented in writing by the College, and signed by the involved parties.

vi. The reporting party (and/or the subject of an alleged violation) or the responding party may at any time end the informal resolution process and pursue the formal resolution procedures (described below). Further, the College’s Title IX Coordinator or the applicable Deputy Title IX Coordinator may determine that a particular incident is not appropriate for the informal resolution process, but instead is sufficiently serious to require immediate interim measures, resolution through the formal resolution procedures, and/or reporting to the local police. 

C. Formal Investigation and Resolution Procedures:

i. Investigation and Adjudication Procedures

1. Once a written complaint is submitted, the responding party will be notified in writing within 24 hours, if possible, of the factual allegations in the complaint and the provisions of this Policy and any other applicable Policy alleged to have been violated, and the College’s prohibition against retaliation.

The responding party will then have 7 calendar days to respond in writing to the complaint and/or file a cross-complaint, all of which will be decided in the same investigation and adjudication process.  If a cross-complaint is filed by a reporting party (also referred to as the cross-reporting party), the original reporting party (also referred to as the cross-responding party) will be notified in writing of the cross-complaint and will have 7 calendar days to respond in writing to the cross-complaint.

Any complaint or cross-complaint that is filed in bad faith may be found to be retaliation against the reporting party who filed the original complaint or against the responding party, and may be a separate violation of this Policy.

If no response is received from the responding party (or from a cross-responding party, in response to a cross-complaint), the formal resolution procedures will still move forward, unless the reporting and responding parties have decided to participate in informal resolution procedures (as described above), in which case the formal resolution procedures will be temporarily halted and resumed if the informal resolution procedures do not result in a resolution.

2. The Title IX Coordinator or the applicable Deputy Title IX Coordinator will choose one or two impartial investigators to investigate the complaint.

a. For cases involving allegations regarding students, the investigators will be trained College staff members.

b. For cases involving allegations regarding staff, the investigators will be trained College staff and/or faculty members.

c. For cases involving allegations regarding faculty, the investigators will be trained College faculty members.

d. For cases involving allegations regarding the President, the Senior Vice President for Finance and Administration, or the Provost, the Title IX Coordinator will contact the Executive Committee of the Board of Trustees. The Executive Committee will appoint an appropriate investigator or investigators to investigate the complaint.

e. The College may utilize external trained investigators in its discretion, if appropriate. Cases in which an external investigator may be used include, but are not limited to, cases in which there is a pending complaint or case filed with an external agency or court, and cases which are particularly complex.

3. The name(s) of the investigator(s) will be disclosed to the reporting party and the responding party, and if either the reporting party or responding party has objections to an investigator (for example, a reporting party or responding party does not believe that an investigator can be impartial), they must notify the Title IX Coordinator or the applicable Deputy Title IX Coordinator of their objection in writing within three business days of being advised of the names of the investigators. The College retains sole discretion on whether to replace any investigator originally chosen.  If at any time during the subsequent investigation, the reporting party or responding party has concerns about the formal resolution procedures/investigation process, they should contact the College’s Title IX Coordinator or the applicable Deputy Title IX Coordinator to discuss their concern.

4. Once chosen, the investigator(s) will review the complaint and response, and conduct an adequate, reliable and impartial investigation into the allegations, which will include obtaining and evaluating available evidence. The investigator(s) will communicate individually with both the reporting party and the responding party and may contact other witnesses. The reporting party and responding party may provide information to the investigator(s), including documents and the names of potential witnesses.  The investigator(s) will not interview, and the College will not consider, witnesses who are presented solely for purposes of supporting or criticizing a person’s character or reputation.  Interviews will only be conducted of witnesses with knowledge of the facts surrounding the alleged incident(s).  The number of witnesses that are interviewed in each case will vary depending on the facts; however, the investigators will strive to interview at least three witnesses offered by each side.  The reporting party and responding party will be kept apprised of the status and anticipated timeframes of the investigation.

5. The reporting party or responding party may have an advisor of their choice to assist them through the formal resolution process. This advisor may be an attorney, or the College can provide a trained College process advisor. The advisor is for support and information only and cannot actively participate in the investigation and adjudication process.  The advisor may attend interviews or proceedings, but they cannot speak or actively participate in the interview or proceeding.  Further, advisors cannot communicate orally or in writing with the investigators or any other College official involved in the investigation and adjudication process.

6. Once the investigator(s) has completed the investigation, including all interviews, the investigator(s) will prepare a document summarizing the pertinent facts. The summary, along with the statements of the reporting party and the responding party, will be separately shared with both the reporting party and the responding party so that each can respond to the evidence and provide any additional evidence to the investigator(s). The investigator(s) will then decide whether additional interviews or other fact-gathering are necessary before preparing their final written report. If any additional information is added to the investigation after the reporting and responding parties have responded to the evidence, the additional information will be shared with the parties before the investigation is completed.  

7. The standard of proof used to determine whether a violation of the Policy has occurred is a “preponderance of the evidence” meaning that the evidence shows that it is more likely than not, or more than a 50% likelihood, that the individual is responsible for the violation.

8. When the investigator(s) complete the investigation, the investigator(s) will prepare a final written report, which will include factual findings and recommended findings as to whether the responding party/cross-responding party is responsible for violating this Policy or any other related Policy. The report will address the credibility of the witnesses, and will address how any credibility issues were resolved, if necessary.   The written report will be submitted to the Title IX Coordinator, the applicable Deputy Title IX Coordinator, and to the final decision-maker: the Vice President for Student Life/Dean of Students or their designee (currently the Senior Associate Dean of Students) (for Complaints regarding students); the Senior Vice President for Finance and Administration (for Complaints regarding staff); and the Dean of the Faculty (for Complaints regarding faculty).

9. The final decision-maker will review the report and decide whether to impose one or more sanctions if one or more violations of Policy have been found. In deciding appropriate sanctions, the decision-maker may consider various factors, including but not limited to the following: The nature and severity of the conduct, including whether the conduct involved a single incident or repeated acts;

a. The impact of the conduct on the reporting party (or cross-reporting party), other individuals and/or the community;

b. The individual’s conduct history;

c. How the College has sanctioned similar incidents in the past;

d. Whether the responding party (or cross-responding party) has accepted responsibility;

e. Whether the responding party (or cross-responding party) is reasonably likely to engage in the conduct in the future; and

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

10. The final decision-maker may impose any sanction on a student or group of students, which may include one or more of the following sanctions (in alphabetical order):

• Deferred Sanction: A sanction of suspension or dismissal may be deferred pending a student’s successful completion of conditions imposed by the Vice President for Student Life/Dean of Students, or their designee; these conditions may include other sanctions.

• Disciplinary Probation: A formal notice that any additional findings of responsibility will likely result in suspension or dismissal from the College.

• Dismissal: Permanent exclusion from the College, its premises, and all of its activities.

• Educational Sanctions: Required attendance at an event or interview that is relevant to a specific topic. This is often accompanied by a reflection/research paper.  Participating and completing relevant educational programs or trainings, and paying the cost of such programs.

• Fine: A monetary sanction issued in the form of a charge to a student account or a deduction from the Housing & Conferences housing damage deposit.

• Housing Restriction: Official notice from the College that any additional findings of responsibility will likely result in relocation to a different (usually more supervised) residential community.  Students sharing a room/apartment are responsible for the activities in that space and thus all students sharing a room/apartment may be placed on housing restriction, regardless of who was present at the time of an incident.

• Official Conversation: A documented conversation with a College official.

• Official Warning: A written notice from the College that the conduct is unacceptable.

• Persona Non Grata: Prohibiting entry on campus (or at specific places on campus) and/or at College-related events, for a specific amount of time or indefinitely.

• Reflection/Research Papers: A document requiring critical analysis and articulation of a specified topic.

• Restitution: A monetary or service sanction required to pay for the cost of repairing or replacing physical damage or any other cost incurred as a result of the student’s conduct.

• Roommate Agreement: A mutually agreed upon written contract that students sharing a living space create and agree to uphold.

• Room Change: Relocation to a different (usually more supervised) residential community.

• Suspension: Exclusion from the College with the opportunity to rejoin after a designated time period.  During a suspension, the student generally cannot participate in any College activities such as academic coursework, student employment, student activities, or College events.  The student cannot be on College property for the duration of a suspension and will receive no financial refunds.  Return to campus may be contingent upon completing specified requirements.  Students who are suspended generally may not take classes at other institutions for credit.  In rare cases, the Vice President for Student Life/Dean of Students, or their designee, may make an exception.

The following additional sanctions (in alphabetical order) may be imposed on a group of students:

• Disciplinary Probation: A formal written notice that any additional conduct violations could result in suspension of the student group’s status.

• Social Probation: Limiting the student group’s social activities including, but not limited to, limitations on living units, Greek chapters, and student organizations.

• Suspension of Status: Suspending recognition, registration, or chartering of a student group.

Note:  A student may be required to attend an assessment with a counselor or other appropriate professional to assess if further action by the College is warranted due to conduct impacting the sanctioned student or the surrounding community.  The sanctioned student will be responsible for the cost of the assessment.  If assessment results indicate a need for further action or follow-up, that will be required.  Students not facing conduct sanctions may still be required to participate in an assessment if there are concerns for student well-being.

11. Student Withdrawal: If a student who is a responding party (or a cross-responding party) decides to voluntarily withdraw from the College during a pending investigation or adjudication process, the student’s record will reflect that the student withdrew during a pending Title IX process.  Whether the student is eligible for re-admission or is allowed on campus thereafter depends on how the complaint is processed after the student’s withdrawal, including whether the student participates in the investigation and is found responsible for one or more Policy violations.  If a student withdraws, the College will continue the investigation, although the College may elect to conclude the investigation if the reporting party and the responding party do not participate in the continued investigation.  Even if an investigation is concluded due to the lack of participation by the reporting and responding parties, the College will take any remedial measures that are necessary in light of the circumstances and to comply with applicable law.

12. One or more appropriate sanctions may be imposed at the College’s sole discretion on faculty and staff including, but are not limited to, the following:

• Verbal Warning

• Written Warning

• Performance Improvement Plan

• Suspension

• Termination

13. In addition to discipline, the College will take any remedial measures that are necessary to remedy the effects of any discrimination, harassment and/or retaliation found to have occurred, including if a responding party found responsible is a visitor or other third party over whom the College has limited, if any, authority. For example, the College may bar the person from the campus and all College activities.

14. The responding party and reporting party will be notified of the final decision in writing as to whether a violation is found to have occurred and, if so, the sanction imposed, in the form of a letter issued by the Vice President for Student Life/Dean of Students or their designee (for complaints regarding students), the Senior Vice President for Finance and Administration (for complaints regarding staff), and the Dean of the Faculty (for complaints regarding faculty). The notice shall be in sufficient detail to enable the parties to understand the outcome, and to decide whether to appeal.

15. Confidentiality of the formal resolution procedures will be strictly observed, insofar as it does not interfere with the College’s obligation to investigate complaints appropriately and to take necessary remedial action, or the College’s ability to advise or report on a need-to-know basis. Dissemination of information or materials to persons not involved in the formal resolution procedures is not permitted, unless required by law or on a need-to-know basis.  When a complaint is made by or regarding a member of the faculty or staff, if deemed appropriate by the Title IX Coordinator, the supervisor of the faculty or staff member will be informed.

16. If the investigator(s) finds that a complaint or cross-complaint was not brought in good faith, and that the allegations of misconduct were fabricated or malicious, it may recommend that sanctions be imposed on the reporting party or cross-reporting party. However, allegations of violations of the Policy cannot always be substantiated, and lack of corroborative evidence does not equate to lack of good faith on the part of the reporting party or the cross-reporting party.

ii. Appeals

1. Either the reporting party or the responding party may appeal in writing the final finding of responsibility or non-responsibility based only on one or more of the following reasons:

a. New Evidence or Information: New evidence or information sufficient to alter a decision, or other relevant facts not known at the time of the original investigation.

b. Failure of Investigative or Decision Making Process: Allegations that the investigators or decision-makers deviated from the Policy in a way that substantially altered the outcome of the case.

c. Bias in Investigative or Decision Making Process: Evidence that an investigator or decision-Maker had bias or a conflict of interest, and such bias or conflict of interest affected the outcome of the case.

Disagreeing with an imposed sanction is not a ground for an appeal.

2. Appeal Procedures:

a. The reporting party and the responding party each may appeal the decision, but each is limited to submitting one appeal per case. Written appeal requests should include: The grounds for the appeal; supporting documentation; and information and arguments relevant to support the appeal.

b. Appeals by students will be decided by the Vice President of Student Life/Dean of Students, or their designee, and appeals by faculty and staff will be decided by the President of the College, or their designee.

c. Anyone that wishes to appeal must submit the appeal in writing to the Vice President of Student Life/Dean of Students (for appeals by students) or the President of the College (for appeals by staff or faculty) within seven calendar days of receiving the letter (not including the date of receipt) outlining the finding of responsibility or non-responsibility.

d. If the responding party wishes to have a sanction suspended pending the outcome of the appeal, the responding party must request this when they request an appeal. It is within the sole discretion of the College to grant a suspension of the sanction pending an appeal determination.

e. Upon receipt of an appeal, the other party and the decision-maker will be provided a copy of the appeal, and will be provided a designated time period to respond to the appeal. The other party and the decision-maker shall keep the content and fact of the appeal confidential to protect the integrity of the appeal process.  The College may redact information from the appeal that is confidential or otherwise not appropriate to share with the other party.

f. The Vice-President of Student Life/Dean of Students, or their designee (for students), or the President of the College, or their designee (for faculty/staff), will review the appeal materials, along with the underlying record of the case, to determine whether there are sufficient grounds for the appeal to move forward.

g. If it is determined that an appeal should move forward, three individuals will be designated to sit as an Appeal Panel to review the appeal and make a recommendation on its outcome. If the allegations are regarding a student or staff, the Appeal Panel members will be chosen from the Student and Staff Appeals Board.  If the allegations are regarding a faculty member, the Appeal Panel members will be chosen from the Faculty Appeals Board.

h. The Appeal Panel reviews the appeal materials, including the underlying record of the case, and may interview the Investigators or any other person that participated in the investigation and decision-making process. The Appeal Panel does not substitute its judgment for that of the Investigators or the Decision-Maker and limits its review to the three grounds for appeal stated above: (1) new evidence or information; (2) failure in investigative or decision making process; and (3) bias in decision making process.  The Appeal Panel then makes a recommendation on the outcome of the appeal to the Vice-President of Student Life/Dean of Students, or their designee (for students), or the President of the College, or their designee (for faculty/staff). 

i. The recommendation by the Appeal Panel, and the decision by the Vice-President of Student Life/Dean of Students, or their designee (for students), or the President of the College, or their designee (for faculty/staff), are in their sole discretion, and may include, but are not limited to, the following; the original decision may be upheld, modified or reserved (which includes the possibility that different or additional sanctions may be imposed); the case may be referred for additional investigation by the same or different investigator(s); or the case may be referred for some other appropriate resolution.

j. The final appeal decision will be sent to the complainant and respondent in a letter.  This final decision cannot be appealed.

iii.  Timeline for Investigation and Adjudication Procedures: The application of the formal resolution procedures to any case must be promptly completed, with the reporting party and responding party being informed of the outcome, excluding any outcome of an appeal, generally no more than 60 days from the date of submission of the complaint.  However, stated timelines under the formal resolution procedures may be extended for good cause, including if the parties participate in an informal resolution procedure.  The timeframe for the appeal process is outside of the 60-day time period, but any appeal will be conducted in a timely manner.

iv. Post-Decision Follow-Up: Should the respondent be found to have committed a violation of the Policy, the Title IX Coordinator or the applicable Deputy Title IX Coordinator, will follow-up with the reporting party and the responding party, if necessary, periodically to ensure that the prohibited conduct has ceased, no acts of retaliation have occurred, and otherwise to address any issue that may arise.

v. Continuing Effects: The College acknowledges that even after a sanction is served, a reporting party may feel continuing effects of the incident. The College retains discretion to address continuing effects by instituting reasonable measures.

IV. INTERIM MEASURES, ACCOMMODATIONS, AND REMEDIES

A. At any time, the College may take, or a reporting party, responding party, witness or other individual involved in the enforcement of this Policy, may request, whatever interim measures, accommodation or remedies necessary and appropriate to eliminate alleged discrimination, harassment, or retaliation, prevent its recurrence and address its effects, and/or protect an individual’s safety, physical and mental well-being, and rights.

Such interim measures, accommodations and remedies include but are not limited to:

i. Safety accommodations, which may include reporting to local police, or obtaining protection orders from a Court. If safety is an immediate concern, you are encouraged to contact Campus Safety or the Colorado Springs Police Department. 

To reach Campus Safety:  For emergencies, call x6911 on campus or (719) 389-6911 off campus.  For non-emergencies, call x6707 on campus or (719) 389-6707 off campus.  You may also go to Campus Safety at 833 N. Tejon Street.

To reach the Colorado Springs Police Department:  Call 911 (or 9-911 from an on-campus phone) for emergencies and (719) 444-7000 for non-emergency situations. 

ii. Modifying a reporting party, responding party, or witness’s living arrangements, class schedule, extracurricular activities, or working arrangements;

iii. Ordering the reporting and responding parties to have no contact with each other and/or other third parties;

iv. Removing a responding party (or cross-responding party) from campus and/or temporarily suspending them;

v. Providing support resources, including academic support, counseling, disability services, and health and mental health services; and

vi. Targeted training

B. Any interim measure, accommodation or remedy may be imposed at any time after prohibited conduct has become known to the College; provided, however, that a reporting party or a responding party will have an opportunity to respond to a proposed interim measure, accommodation or remedy that affects them, unless the College is unable to do so in order to ensure the safety of the College community or the College otherwise has sufficient information to warrant the immediate implementation of the interim measure, accommodation remedy. For example, before a responding party is temporarily suspended pending an investigation and adjudication of a complaint, the responding party will be advised of the allegations and provided with an opportunity to respond to the allegations. The College has sole discretion on what type of interim measures, accommodations or remedies to implement.

V. MISCELLANEOUS

A. Education and Training of College Community:  In addition to their other duties and responsibilities under this Policy, the Gender-Based Discrimination, Sexual Harassment and Sexual Violence Policy, and applicable law, the College’s Title IX Coordinator and the Deputy Title IX Coordinators have the responsibility of educating students, faculty, and staff regarding this Policy, and the nature and negative consequences of discrimination, harassment, and retaliation.  Their responsibilities also include: conducting workshops for students, faculty, and staff; training members of the College community involved in the enforcement of this Policy, including investigators, Appeal Panel members, and others to ensure that they understand the Policy, applicable law, and their obligations in enforcing this Policy; and training students, faculty, and staff about how to identify and report alleged discrimination, harassment, and retaliation, and active bystander intervention techniques, to include watching out for the safety and well-being of College community members.

B. Recordkeeping and Reporting: The College will comply with all recordkeeping obligations required by applicable law.  The College may report violations of this Policy to other employers, educational institutions, and other third parties as required or allowed by law, as authorized by a current or former student or current or former employee, or as otherwise determined in the best interests of the College. 

If you have any questions about recordkeeping and reporting, including when and how information is reported to third parties, contact the Student Life Office if you are or were a student, and contact the Director of Human Resources if you are or were a faculty or staff member or an applicant for employment.

C. Allegations Related to Academic Freedom: If allegations are made about faculty conduct in the classroom and in other academic contexts that may implicate academic freedom, the Title IX Coordinator may consult with the Dean of the College and/or the Dean of the Faculty regarding any issues of academic freedom.

D. Disability Accommodation. If you need an accommodations based on a disability, you should contact Accessibility Resources (located at Armstrong Hall, Room 211, 719/227-8285), the ADA/504 Coordinator, or the Director of Human Resources (if you are a faculty or staff member). 

E. Religious Accommodation. If you need an accommodations based on your religion, you should contact the Office of Student life if you are a student, or the Director of Human Resources if you are a faculty or staff member.

If you have questions about the Anti-Discrimination Policy and Procedures, you should contact the Title IX Coordinator or a Deputy Title IX Coordinator or any of the advisors listed in the informal resolution procedures section of this Policy.

Definitions

A. Discrimination: Treating a person (or group) unfavorably or differently because of that person’s (or group’s) race, color, national or ethnic origin, marital status, disability, religion, veteran status, age or other protected status. 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, the college affirms the principle that students, faculty, and staff must be treated equitably and evaluated on the basis of merit rather than irrelevant criteria. When a person intentionally or inadvertently abuses the power and authority inherent in his or her position, there can be negative consequences both to the individuals involved as well as to the educational and working environment of the college.

B. Harassment: Harassment based on a person’s (or group’s) race, color, national or ethnic origin, marital status, disability, religion, veteran status, age or other protected status is a form of discrimination. Harassment includes a wide range of abusive and humiliating verbal or physical behaviors that are directed against a particular person or group. 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. Harassment includes conduct that has the purpose or effect of unreasonably interfering with a person’s academic or work performance, or creating an intimidating, hostile, or offensive educational or working environment (otherwise known as hostile environment harassment). Harassment has the purpose or effect of unreasonably interfering with a person’s academic or work performance if, for example, it is sufficiently serious, pervasive or persistent as to create a hostile environment under both an objective (i.e., a reasonable person’s view) and subjective (i.e., the subject of an alleged violation’s view) standard. The college will consider the effects of off-campus conduct when evaluating whether there is a hostile environment on campus. To be the subject of an alleged violation, one need not be the direct recipient of the conduct; anyone affected or offended by the conduct may be a subject.

Harassment may include but not be limited to: unwelcome texts, phone calls, internet-based communications, or other electronic communications that are based on a person’s (or group’s) race, color, national or ethnic origin, marital status, disability, religion, veteran status, age or other protected status.

C. Reporting party: A person reporting an alleged violation(s) of the policy.  The reporting party may or may not be the subject of an alleged violation.

D. Responding party: A person who is accused of violating the policy who must respond to the allegation(s).

E. Retaliation: Any adverse or negative action or behavior against an individual as a consequence of such individual: raising good faith concerns about conduct prohibited by this policy; opposing discrimination or harassment; reporting, making a complaint, cooperating, and/or participating in any way in the college’s procedures under this policy (including as a witness); or otherwise participating in a process administered by any other third party (including, for example, a criminal process or a complaint with a government agency). Retaliation may result in immediate disciplinary action. Examples of retaliation include but are not limited to:

i. Attempting to discourage an individual’s use of or participation in the procedures addressed in this policy.

ii. Harassment (verbal or physical), coercion, intimidation, or threatening of any member of the college community, including a reporting party or responding party, subject of an alleged violation (if not the reporting party), witnesses, investigators or others involved in the process.

F. Subject of an alleged violation: The person to or against whom conduct prohibited by this policy is directed.  The subject of an alleged violation may or may not be the reporting party.  The subject of an alleged violation may choose not to report the alleged violation or may otherwise not be the one who reports the alleged violation, but who nevertheless is covered by this policy and is able to participate in the procedures and pursue the resources set forth in this policy.

G. Title IX Coordinator and Deputy Title IX Coordinators: The Title IX coordinator and the deputy Title IX coordinators oversee the college’s response to discrimination, harassment and retaliation reports and complaints, including those made under this policy, and other duties and responsibilities as required by law.

  • The college’s current Title IX coordinator is Gail Murphy-Geiss and she can be reached by calling x6868 or (719) 389-6868, emailing gmurphygeiss@coloradocollege.edu, or going to Palmer 131C.
  • The College’s current deputy Title IX coordinator for students is Rochelle Mason, the senior associate dean of students, and she can be reached by calling x6800 or (719) 389-6800, emailing RMason@coloradocollege.edu, or going to Worner Center 230.
  • The College’s current deputy Title IX coordinator for staff is Barbara Wilson. She can be reached by calling x6421 or (719) 389-6421, emailing bwilson@coloradocollege.edu, or going to Spencer Center, Suite 101.

To the extent any of the above definitions may overlap, the intent is that they are to be construed broadly and to be illustrative in nature of the conduct prohibited by this Policy.  If you have questions about these definitions or would like further explanations or examples of any of these definitions, please contact the Title IX coordinator or a deputy Title IX coordinator.