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College-wide Policies

Gender-Based Discrimination, Sexual Harassment, and Sexual Violence Policy and Procedures

Responsible office
Title IX
Responsible party
Title IX Coordinator and Deputy Title IX Coordinators
Last revision
June 2017
Approved by
Board of Trustees
Approval date
June 2017
Effective date
July 2017
Last review
June 2017
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

The Colorado College believes that students, faculty,  staff, applicants for admission and employment, and visitors, regardless of gender, perceived gender, gender identification, gender expression, sexual orientation, sexual preference, or sexual behavior in the past or present,   have the right to be free from gender-based discrimination, sexual harassment and sexual violence (which may include intimate partner, dating and domestic violence; sexual assault; sexual exploitation; and stalking).  All sexual activity or contact between individuals must be with each person’s active consent.  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.)

The College prohibits, and does not tolerate, gender-based discrimination, sexual harassment, sexual violence, or retaliation.  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 IX of the Education Amendments of 1972, Title VII of the Civil Rights Act of 1964, and the Violence Against Women Act, all as amended.  The College does not discriminate on the basis of gender in its education programs and activities, and is required by Title IX, Title VII and other applicable law not to discriminate on the basis of gender so as to ensure the equal enjoyment of benefits, programs and aids provided by the College.

This purpose of this Policy is to strive to prevent gender-based discrimination, sexual harassment, sexual violence, and retaliation by educating students, faculty, and staff about behaviors that may constitute prohibited conduct, as well as about the meaning of active consent.  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 (except those exempted as privileged confidential resources or confidential resources, identified below) 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. 

This is the controlling Policy at the College addressing gender-based discrimination, sexual harassment, and sexual violence, as well as retaliation associated with any such prohibited conduct.  The College community should also be aware of the College’s Anti-Discrimination Policy and Procedures, which address discrimination on the basis of numerous other protected characteristics in accordance with federal, state and local law, as well as associated retaliation.

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) gender, perceived gender, gender identification, gender expression, sexual orientation, sexual preference, or sexual behavior in the past or present.

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, although the timing of when an incident occurred may affect the College’s ability to respond to the incident.

Procedures

II. PROCEDURES AND RESOURCES FOR ADDRESSING AND REPORTING SEXUAL HARASSMENT, SEXUAL MISCONDUCT, SEXUAL VIOLENCE, RETALIATION, AND OTHER PROHIBITED CONDUCT

If you are a student, staff, faculty, visitor, or applicant for admission to or employment with the College who has been subjected to, or who has knowledge of, alleged gender-based discrimination, sexual harassment, sexual violence, or retaliation, there are a number of options available for you to pursue including: reporting to the local police; confidential consultation with a member of the College community; informal resolution processes; and formal complaint procedures.  None of these options are mutually exclusive, meaning that you may choose any option and at any time choose to use another option.  (The only exception is that most faculty and staff are considered “responsible employees” under Title IX who must report prohibited conduct of which they become aware to the Title IX Coordinator or a Deputy Title IX Coordinator.  If a faculty or staff member has a question about whether to report conduct, they should err on the side of caution and confer with the Title IX Coordinator or a Deputy Title IX Coordinator.)

A. Immediate Response: If you or someone you know has been subject to sexual assault, sexual violence, or any other type of sexual misconduct that may be criminal in nature or otherwise requires an immediate response, you are strongly encouraged to seek immediate assistance, including from law enforcement. Preservation of evidence and prompt investigation following an incident of sexual violence, sexual assault/rape, or other sexual misconduct that may be criminal in nature is critical. If you need immediate assistance, please contact any of the following:

i. Colorado Springs Police Department : Call 911 (or 9-911 from an on-campus phone) for emergencies and (719) 444-7000 for non-emergency situations. If you are out of town and a situation arises, contact law enforcement in the jurisdiction in which you are located. Should an incident be reported to the police and simultaneously be reported to the College, the College will still investigate and resolve any reports made to the College under this Policy, and take whatever steps are needed to protect the reporting party in the College setting.

ii. 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.

iii. The Colorado College Sexual Assault Response Coordinator (SARC) : The SARC can be accessed by calling x8101 on campus or (719) 227-8101 off campus, or (719) 602-0960 for the on-call advocate. The SARC is available 24 hours a day, 7 days a week. The SARC is a College staff member, experienced in working with situations involving gender-based discrimination, sexual harassment, and sexual violence, and serves as a privileged confidential resource for individuals who want assistance from the College in handling their situation. Further information about the SARC’s role as a privileged confidential resource is described below.

The SARC can explain your options in clear terms, and help you in the decision-making process, including whether or not to report to the police or campus safety—which is your decision.  The SARC can assist with the reporting of an incident to the police if an individual needs support or assistance in doing so.  The SARC can also assist in the reporting of an incident to the College if requested to do so.  The SARC also can arrange for transportation to a local hospital for a forensic examination by a trained professional, if desired, and the SARC can accompany a student, faculty member or staff member to the hospital.  Maria Mendez is the College’s current SARC and in addition to the telephone numbers listed above, she can be reached by email at SARC@coloradocollege.edu. Her office is Worner Campus Center 219.

B. Privileged Confidential Resources: If you are involved in a situation involving alleged gender-based discrimination, sexual harassment, sexual violence, or retaliation (whether as a reporting party (whether or not you are the subject or an alleged violation), a responding party, a witness, or a third party who is involved), you may contact a privileged confidential resource who is a member of the College community to discuss the conduct at issue and the options available to you including: seeking personal counseling; finding community resources to assist with the issue; pursuing resolution of the issue through the College’s informal or formal procedures; and reporting to the local police.  This consultation will remain confidential and these resources are not required to reveal your identity to the College or report alleged violations of the Policy, unless you request that they do so or if otherwise required by applicable law (for example, if there is an imminent risk of serious harm).

Further, the reason that the following confidential resources are referred to as “privileged” is that there are legal privileges under the law that may provide the communications with these individuals with further protection, and legally prevent them from disclosing what you tell them to the College and also in a criminal or civil proceeding, without your consent, a Court order or as otherwise required by law.  There is further information about confidentiality set forth below.

i. Colorado College Sexual Assault Response Coordinator (SARC) : Anyone may contact the College’s SARC.The SARC can be accessed by calling x8101 on campus or (719) 227-8101 off campus, or (719) 602-0960 for the on-call advocate. The SARC is available 24 hours a day, 7 days a week.  As described above, the SARC is a College staff member, experienced in working with situations involving gender-based discrimination, sexual harassment, and sexual violence, and serves as a privileged confidential resource for individuals who want assistance from the College in handling their situation. Maria Mendez is the College’s current SARC and in addition to the telephone numbers listed above, she can be reached by email at SARC@coloradocollege.edu. Her office is Worner Campus Center 219.

ii. Student Health and Counseling Center : Students may contact the Student Health Center, which can reached at x6384 or (719) 389-6384. Medical providers are available to assist you in a confidential manner with your medical and emotional needs. The CC Counseling Center can be reached at (719) 297-7233. Counselors and psychotherapy specialists are available to assist you in a confidential manner with your emotional needs. After hours and on weekends: you may call the Counseling Center number and press 1 to leave a non-urgent message; or press 2 to be immediately connected to a licensed counselor.

iii. Chaplains : Anyone may contact a College chaplain. The chaplains can be reached at x6638 or (719) 389-6638. The chaplains can assist with emotional and spiritual needs.

iv. Employee Assistance Program (EAP) : Staff and faculty may access the EAP which provides counseling services for employees. They can be reached at Penrose-St. Francis, The Center for Behavioral Health at (719) 634-1825 or 800-645- 6571.

C. Other Confidential Resources: There are other confidential resources available for information and support.They are referred to as confidential as they are not required by the College to disclose what you tell them or report prohibited conduct under this Policy unless: you authorize or request that they do so; there is an imminent risk of serious harm; or they are otherwise required by law to disclose or report what you tell them.  However, they are not referred to as “privileged” confidential resources as there is no legal privilege that applies to them; therefore, it is possible that a resource considered confidential by the College could be required by a Court or by law to disclose what you tell them in a criminal or a civil proceeding. These confidential resources are as follows:

i. College Ombudsperson: Staff and faculty may contact the College Ombudsperson, who is currently Paul Kuerbis. He can be reached at (719) 331-1733, or ombuds@coloradocollege.edu or pkuerbis@coloradocollege.edu, or at Worner Campus Center 010. 

ii. Gender and Identity Development Specialist: Students may contact the Gender and Identify Development Specialist at x6198 or (719) 389-6198. Tre Wentling is the College’s current Gender and Identity Development Specialist. His office is Worner Campus Center 205A.

iii. Student Title IX Assistance and Resource Team (START) is a student-run organization that functions under the supervision of the Sexual Assault Response Coordinator’s (SARC) Office. START members are trained to provide resources and information for students regarding Title IX at the College. They also provide information about other resources available on and off campus related to Title IX issues.  Students may schedule an appointment by emailing START@ColoradoCollege.edu

There is further information about confidentiality below, including what happens if you report an incident to someone other than a privileged confidential resource or a confidential resource, or you request that your name not be disclosed to the responding party.

D. Informal Resolution Procedures: Students, faculty or staff may pursue a voluntary informal resolution procedure (which may include mediation) for resolving some types of prohibited conduct under this Policy. However, informal resolution procedures will not be used to resolve incidents involving certain types of sexual violence, including rape, or a student complaint of gender-based discrimination, sexual harassment, sexual violence, or retaliation against a faculty or staff member.  You may contact any of the above named privileged confidential resources, confidential resources, or the Title IX Coordinator or one of the Deputy Title IX Coordinators to pursue an informal resolution procedure, which 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 without the involvement of any third party.

ii. The above privileged confidential resources or confidential resources could help in facilitating communication with the responding party where the reporting party should not communicate directly with the accused individual.

iii.  The reporting party, along with a privileged confidential resource or confidential resource if desired, may discuss and attempt to resolve the matter informally with the Title IX Coordinator or the applicable Deputy Title IX Coordinator and the person who has engaged in the allegedly prohibited conduct.

iv. 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.

v. The reporting party may at any time end the informal resolution process and begin the formal complaint procedures. 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 complaint procedures, and/or reporting to the local police. 

E. Formal Complaint Procedures:

 i. Filing a Complaint

1. If you wish to formally report an incident involving alleged gender-based discrimination, sexual harassment, sexual violence, or retaliation, to begin the formal complaint procedures, 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 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.

· 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 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.

· 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 current Deputy Title IX Coordinator for Staff is Barbara Wilson, the Director of Human Resources, and 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 filing a written complaint.  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 incident occurred may affect the College’s ability to respond to the complaint.   The College welcomes complaints at any time, in our attempt to maintain a safe and productive educational community.

In making a decision whether to file a complaint, the reporting party may want to confer with one of the confidential resources listed above.  Once the formal complaint procedures have been initiated, the complaint will be investigated and resolved in a manner deemed appropriate  by the College regardless of whether the reporting party, the subject of the alleged violation (if not the reporting party), or the responding party leaves the College.

2. 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. 

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

4. 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.

5. 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.

ii. Complaint 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 complaint procedures will still move forward.  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 or the Vice President for Finance and Administration, 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.

2. 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 Title IX Coordinator or the applicable Deputy Title IX Coordinator 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 complaint procedures/investigation process, they should contact the College’s Title IX Coordinator or the applicable Deputy Title IX Coordinator to discuss their concern.

3. 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 reporting party and responding party will be kept apprised of the status and anticipated timeframes of the investigation.

4. The reporting party or responding party may have an advisor of their choice to assist them through the formal complaint 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.

5. 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.

6. 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.

7. 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 Vice President for Finance and Administration (for Complaints regarding staff); and the Dean of the Faculty (for Complaints regarding faculty).

8. 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:

a. The nature and severity of the conduct, including whether the conduct involved a single incident or repeated acts;

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

c. The individual’s conduct history;

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

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

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

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

9. 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. 

10. 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.

11. 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

12. 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.

13. 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 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.

14. Confidentiality of the formal complaint 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 complaint procedures is not permitted.  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.

15. 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, lack of corroborative evidence does not equate to lack of good faith on the part of the reporting party or the cross-reporting party.

iii.  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.

iv. Timeline for Complaint Procedures: The application of the formal complaint 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, no more than 60 days from the date of submission of the complaint. On rare occasions, stated timelines under the formal complaint procedures may be extended for good cause.  The timeframe for the appeal process is outside of the 60-day time period, but any appeal will be conducted in a timely manner.

v. Post-Decision Follow-Up: Should the respondent be found to have committed a violation of the Policy, the SARC, the Title IX Coordinator or the applicable Deputy Title IX Coordinator, will follow-up with the reporting party periodically to ensure that the prohibited conduct has ceased and that no acts of retaliation have occurred.

vi. 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 gender-based discrimination, sexual harassment, sexual violence, 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 formal 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. CONFIDENTIALITY

A. Because faculty and staff (except those exempted as privileged confidential resources or confidential resources) as “responsible employees” have an obligation to report alleged violations of this Policy to the Title IX Coordinator or one of the Deputy Title IX Coordinators, before a student, faculty or staff member reveals information that he or she may wish to keep confidential, a “responsible employee” should make every effort to ensure that the student, faculty or staff member understands:

i. the responsible employee’s obligation to report the names of the alleged subject of the prohibited conduct and the person who alleged committed the prohibited conduct, as well as the relevant facts related to the incident, to the Title IX Coordinator or one of the Deputy Title IX Coordinators; and

ii. the privileged confidential resources and the confidential resources available to the student, faculty or staff.

B. As explained above, if a student, or faculty or staff member seeks assistance from the SARC, chaplains, the Student Health Center, the Counseling Center, the Ombudsperson, or the Employee Assistance Program in dealing with an issue of alleged gender-based discrimination, sexual harassment, sexual violence, or retaliation, these individuals are not required to report your identity to the College unless you request that they do, and therefore they serve as a privileged confidential resources and confidential resources. Individuals can talk with any of these privileged confidential resources and confidential resources before, during, or after deciding to go through the informal resolution process or formal complaint procedures.

C. If student, or faculty or staff member requests confidentiality from someone other than a confidential resource or ask that a formal complaint not be pursued, the College will assess such request in accordance with Title VII, Title IX, and any other applicable law. The College will evaluate whether it can honor such a request while still providing a safe and nondiscriminatory environment for the entire College community. The College may elect to take all reasonable steps to investigate and respond to the allegations including taking steps to prevent the recurrence of the conduct and limiting the effects of the conduct on the reporting party consistent with the request for confidentiality. However, if a reporting party insists that their name or other identifiable information not be disclosed to the responding party and the College agrees to such request, the College’s ability to respond to the incident may be limited.

D. The College cannot ensure complete confidentiality should a reporting party desire to pursue informal resolution procedures or formal complaint procedures. However, the College will preserve the confidentiality of all parties to the maximum extent possible.  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.

E. The College is required by the Clery Act, which is a federal law, to report the occurrence of various crimes, including certain sex offenses covered by this Policy, in an annual report of College-related crime statistics. This report does not include personally identifiable information about the people involved in the offenses, but some College faculty and staff who receive complaints or other information under this Policy may also be required to report such information in the College’s Clery Act report.  More information about the Clery Act can be found on the College’s website.

 VI. MISCELLANEOUS

A. Education and Training of the College Community: In addition to their other duties and responsibilities under this Policy, the Anti-Discrimination Policy, and applicable law, the College’s Title IX Coordinator, the Deputy Title IX Coordinators, and the SARC have the responsibility of educating students, faculty, and staff regarding this Policy, and the nature and negative consequences of gender-based discrimination, sexual harassment, sexual violence, 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 confidential resources, responsible employees, 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 gender-based discrimination, sexual harassment, sexual violence, and retaliation, and active bystander intervention techniques, to include watching out for the safety and well-being of College community members.

B. Immunity for Students - Reporting Violations when Drugs and Alcohol are Involved: The College encourages students, including witnesses, to report incidents of alleged gender-based discrimination, sexual harassment, sexual violence, or retaliation, including when drugs and alcohol are involved and students are concerned about whether they will face disciplinary action based on their use of drugs or alcohol. The College’s primary concern is the safety of the members of the College community and it encourages behavior that demonstrates care and concern for members of the College community.  Accordingly, the College may provide a reprieve from disciplinary actions for students who exhibit responsible and proactive behavior in reporting alleged gender-based discrimination, sexual harassment, sexual violence, or retaliation, or acting as a witness during the formal complaint procedures, when they used drugs or alcohol in relation to the incident.

C. 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.

D. 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.

VII.      STUDENT, STAFF AND FACULTY CONSENSUAL RELATIONSHIP POLICY

A. The educational mission of the College depends upon a learning and working environment marked by mutual respect and trust among members of the College community and by confidence in the fundamental fairness of decisions that affect their well-being. Personal relationships that have the potential to undermine personal trust or the perception of fairness are thus contrary to the College's central purpose.  Particularly problematic are consensual sexual relationships, past or present, between two members of the College community in which one person exercises direct supervisory or evaluative authority over the other (for example, supervisor and subordinate employee, chair and member of his or her department).  Because of their inherent power differential, such relationships are fraught with possibilities for abuse.  They can lessen confidence in any evaluation process that affects the subordinate party.  They can hamper the effectiveness of established procedures and subtly alter the dynamics of collegial relations.  In these and other ways such relationships can interfere with the proper fulfillment of professional responsibilities.

B. In the interest of ensuring a living, learning, and working environment that supports its mission, the College has adopted the following policy regarding consensual sexual relationships:

i. The College prohibits all sexual relationships between members of the faculty and students.

ii. The College prohibits all sexual relationships between members of the staff and students, with one limited exception: A relationship between a student and a College alumnus/alumna who immediately upon graduation, or at the start of the semester immediately following graduation, begins working for the College and is in an existing relationship with a student on the start date of their employment, provided that they do not otherwise have any direct supervisory or evaluative authority over the student.t

iii.  The College does not allow any member of the College community who is involved in a sexual relationship with a person over whom they have direct supervisory or evaluative authority to continue to exercise such authority over the subordinate party.

C. Enforcement of the consensual relationship policy:

i. Any faculty member or staff member who violates the College’s prohibition of sexual relationships between faculty members and students will be subject to disciplinary action up to and including dismissal.

ii. Should a staff member meet the exception regarding graduates who immediately begin working at the College upon graduation and at the time of beginning work is in an existing relationship with a student, such staff member must notify the College Human Relations Department of the relationship immediately upon starting work for the College.

iii.  Should a sexual relationship develop between members of the faculty or staff in which one of the partners in the relationship has direct supervisory or evaluative authority over the other, the College requires the person with authority to recuse themselves in a timely manner from exercising that authority over the subordinate party and to assume no direct supervisory or evaluative authority over the other person in the future.  To these ends, the person with authority must inform their supervisor or the Dean of the College or the appropriate Vice President, of the consensual relationship in which they have become involved.  While keeping this information as confidential as possible, the superior so informed will take the steps necessary to ensure that the staff or faculty member with supervisory or evaluative authority does not exercise that authority over the other party involved in the relationship and that some other person assumes the role of supervisor or evaluator, if possible and in the best interests of the College.  The person with authority over the other person in the relationship is prohibited from having direct supervisory or evaluative authority over the other person in the relationship at any time in the future.  Any staff or faculty member who fails to inform their superior of a consensual relationship covered under this consensual relationship policy will be subject to disciplinary action that may range from a written reprimand to suspension without pay to termination.

VIII.    FREQUENTLY ASKED QUESTIONS

A. Will my parents be told?

Whether you are the reporting party, the subject of an alleged violation, the responding party, or a witness, the College’s primary relationship is to the student and not to the parent.  However, in the event of major medical, disciplinary, or academic jeopardy, students are strongly encouraged to inform their parents.  College officials will directly inform parents when requested to do so by a student, in a life-threatening situation, in certain other emergency situations, or if a student has signed the acknowledgment at registration, which allows such communication.  In all cases, such reporting shall comply with the Family Educational Rights and Privacy Act (“FERP A”) and any other applicable law.  The College reserves the right to inform parents of circumstances affecting a student when that student has been claimed as financially dependent according to IRS guidelines.

B. Do I have to name the person whom I accuse of violating the Policy?

If you want to pursue the informal resolution procedures or the formal complaint procedures then you must name the person.  If you choose to have a confidential consultation and do not pursue informal resolution procedures or file a formal Complaint, then you do not have to name the person.

C. What do I do if a complaint is filed regarding me?

You will be informed that a complaint has been filed regarding you and you will be informed on the processes involved, including the formal complaint procedures.  If you would like to have a process advisor through the investigation and decision making process, you may have an advisor of your choice, including an attorney, or the College can provide you a trained College staff member as a process advisor.  You may also contact the Office of Student Life, which can further discuss with you the informal and formal complaint procedures and your rights and responsibilities under this Policy.

D. Will I have to pay for counseling or medical care?

You should not let the cost of treatment deter you from seeking treatment as the College can assist with costs.  The College’s primary concern is that students receive the treatment they need.  Hospital and off-campus fees are covered according to your own insurance policy.  The Student Health Center charges reasonable fees for care provided by the medical director, nursing staff, and counselors.  Emergency money may be available through the Director of Student Loans and Accounts (loans), the Vice President for Student Life/Dean of Students (emergency grants), and/or the SARC office (emergency funds).  You may also be able to get your expenses paid from the Victim’s Compensation Fund through the local district attorney’s office if you file criminal charges.

E. Are there peers that I can reach out to for more information about sexual harassment and sexual violence issues?

Yes, there are two student groups that are working to provide peer-to-peer information regarding sexual harassment and sexual violence issues.

The Student Organization for Sexual Safety (SOSS) is comprised of students who are dedicated to creating a healthy and safe sexual climate, as well as shifting the culture on the College’s campus with a goal of preventing sexual harassment and sexual violence. You can reach out to members or attend group meetings on Thursdays at 5:30 pm in the Interdisciplinary House. SOSS serves as a resource to inform and empower people to make safe decisions that feel right for them, whether that involves sexual activity or not. You can reach out to them at SASS@ColoradoCollege.edu.

The Student Title IX Assistance and Resource Team (START) members, as mentioned above, are trained to provide resources and information for students regarding Title IX at the College. They also provide information about other resources available on and off campus related to Title IX issues. You can schedule an appointment by reaching out to START@ColoradoCollege.edu.

F. What about changing residential rooms?

If you want to move, you may request a room change.  Room changes under these circumstances are considered emergencies.  It is the College’s policy that in emergency room changes, the student is moved to the first available suitable room.  If you do not want to disclose any information about the incident but simply want to request a room change, the wait list process is also an option for you.  The College also has discretion to impose a room change as an interim measure or remedy.

G. In the definition of active consent, reference is made to a person whose judgment ‘‘is substantially impaired by drugs or alcohol.” What does this mean and what is my responsibility for assessing the other person’s physical or mental state?

Substantial impairment generally means that a person cannot make a reasonable or rational decision about an important matter, such as the decision to engage in sexual activity with another person.  Before you engage in sexual contact with another person, you are responsible for assessing whether the other person is freely, willingly, and knowingly agreeing to such contact.  If you know or should know that the other person has had too much to drink or has taken drugs or if you suspect at any time that they have, you must refrain from and stop all sexual contact even if they say “yes” to sexual contact and even if such contact has already started.  Even if you do not know for sure how much a person has had to drink or if they have taken drugs and you were not with them when such actions occurred, you may be found responsible for violating the Policy if you should have known they were substantially impaired because of behaviors they displayed or circumstances surrounding the contact and have sexual contact with them anyway.

H. What do I do about preserving evidence of a sexual assault?

Physical evidence of a criminal sexual assault generally must be collected as soon as possible after the incident, and ideally no more than 72 hours after the incident.  If you believe you have been a victim of a criminal sexual assault, you should go to the Memorial Hospital emergency room (1400 East Boulder Street, Colorado Springs, Colorado 80909), before washing yourself or your clothing.  The sexual assault nurse examiner (a specially trained nurse) at Memorial Hospital is on call 24 hours a day, seven days a week (call the emergency room at (719) 365-5221 if you first want to speak to the nurse; ER will refer you).  The police will be notified by hospital staff.  The SARC (call (719) 227-8101 or (719) 602-0960), or other College staff can also accompany you to Memorial Hospital and campus security can provide transportation.

I. What kinds of behaviors are included in the definition of stalking?

It is important to recognize that context is important in determining whether a behavior is stalking or not.  Stalkers often engage in behavior that will have specific meaning for the person who is being stalked.  Stalking behaviors may include, but are not limited to:

· Unwanted communication with the other person, including in-person communication, telephone calls, voice messages, text messages, email messages, social networking site postings, instant messages, posting of pictures or information on web sites, written letters, gifts or any other communications that are undesired and/ or place another person in fear;

· Following, pursuing, waiting or showing up uninvited at a workplace, place of residence, classroom or other locations frequented by an individual;

· Surveillance and other types of observation, whether by physical proximity or electronic means;

· Use of electronic devices or software to track or obtain private information;

· Trespassing;

· Vandalism;

· Direct physical and/or verbal threats against an individual or an individual’s loved ones;

· Gathering of information about an individual from family, friends, co-workers and/or classmates;

· Manipulative and controlling behaviors such as threats to harm oneself, or threats to harm someone close to the individual; or

· Defamation or slander against an individual.

J. What should I do if I am receiving unwanted communications?

It is recommended that you do not engage with the person sending you unwanted communication.  In other words, do not respond to any emails, social media posts (e.g.  Facebook and Twitter), or text messages; if the communication is a phone call, do not engage in conversation.  It is also important to document these kinds of unwanted communications.  It is recommended that you keep any emails, text messages, or social media posts (e.g.  Facebook and Twitter) without altering or forwarding them.  If the communication was verbal, try to write down verbatim what was said.  A stalker tracking sheet is available through the SARC, as well as on-line at:

http://www.victimsofcrime.org/docs/src/stalking-incident-log_pdf.pdf?sfvrsn=4.

The SARC can also assist you in documenting communications and/or making decisions about safety planning, reporting options, etc.

K. How can I help ensure that a person will be held accountable for a violation of this policy?

It is important to document the incident.  Documentation should include the date, time, location and names of people involved, as well as a description of what occurred.  It is best not to erase or remove graffiti, vandalism, or public postings until a campus official and/or police officer has seen and documented it.  If the incident was verbal, try to write down verbatim what was said.  Keep any emails in your in-box.  Do not delete, alter, or forward them.  Take a “screen shot” or print the webpage with any social media messages.  The SARC can also assist you in making decisions about safety planning, reporting options, etc.

L. Will the use of drugs or alcohol by either me or the other person affect the outcome of a sexual misconduct case?

Use of alcohol or drugs never makes an individual at fault for alleged gender-based discrimination, sexual harassment, sexual violence, or retaliation that is directed at them.  Alcohol and drug use is not an excuse for a violation of the Policy, and it is the College’s policy that a person who is impaired from their use of alcohol or drugs CANNOT give consent to sexual activity.  Alcohol and/or drug use may affect the reporting party’s and the responding party’s memory and, therefore, in this context, it may affect the outcome of the case.

M. What should I do if I am uncertain about what happened?

If you believe that you have experienced a non-consensual sexual contact or other potential violation of this Policy, but are unsure as to exactly what happened or whether it would constitute a violation of the Policy, you may contact the SARC, the Student Health Center, the Title IX Coordinator, the Deputy Title IX Coordinators, or any other person whom your trust to assist you in evaluating the situation and deciding which option(s) and/or resources to pursue.

N. What if I have other questions that aren’t answered here?

You should contact the Title IX Coordinator or a Deputy Title IX Coordinator.

Definitions

A. Active consent: When each person involved in sexual activity or contact expressly agrees to the sexual activity or contact freely, willingly, and knowingly. Active consent is an affirmative process.

i. All sexual activity or contact between individuals must be with each person’s active consent.

ii. A person cannot give active consent if, for example, they are:

1. Physically pressured or forced;

2. Psychologically pressured or forced;

3. Threatened;

4. Intimidated;

5. Coerced;

6. Frightened;

7. Unconscious or asleep;

8. Substantially impaired by drugs (including prescription, over-the-counter or illegal drugs) or alcohol; or

9. Their judgment is otherwise substantially impaired, including due to a physical or psychological condition or impairment.

iii.  It is the responsibility of the initiator of sexual activity or contact to obtain consent from the other person and to determine whether such consent is freely, willingly, and knowingly given.  Engaging in sexual activity or contact with a person who did not give active consent or who withdrew active consent is a violation of this Policy.

iv. It is also a violation of this Policy to engage in sexual activity or contact with another person if it is determined that the person knew or should reasonably have known that the other person was not able to give active consent due to substantial impairment based on drugs, alcohol, or any other physical or mental condition or impairment.

v. Active consent to one form of sexual activity or contact does not provide active consent to other forms of sexual activity or contact. Similarly, neither previous relationships nor prior consensual activities provide active consent to future sexual activity or contact.  Active consent must be present throughout the sexual activity or contact and can be revoked at any time.  It is important not to make assumptions.

vi. The best practice is to obtain or give active consent verbally in order to avoid misunderstandings inherent in non-verbal communication. Silence or non-communication should never be interpreted as active consent.  A lack of communication is a signal to stop and ask a partner verbally what they would like to do.  No sexual activity or contact should be initiated, and sexual contact or activity should be stopped, until communications are received.  A verbal “NO” or physical resistance, no matter how indecisive or weak or passive, always means NO.  If there is any doubt about whether a person’s judgment is substantially impaired or whether a person who initially agreed to sexual contact has changed their mind, sexual contact should not be initiated or should be stopped immediately.

vii.  Use of alcohol or drugs never makes a subject of an alleged violation at fault for gender-based discrimination, sexual harassment or sexual violence.

viii.  The College prohibits all sexual activity or contact between students and faculty, and between students and staff.  For the purpose of active consent, this means that a student cannot give active consent to sexual activity or contact with a faculty or a staff member.  (The only limited exception to this is if there otherwise is active consent between a student and a College alumnus/alumna who immediately upon graduation, or at the start of the semester immediately following graduation, begins working for the College and is in an existing relationship with a student on the start date of their employment and does not otherwise have any direct supervisory or evaluative authority over the student).

ix. The College prohibits all sexual activity or contact between staff and faculty when one of the individuals holds direct supervisory or evaluative authority over the other person. Thus, a staff or faculty member cannot give active consent to sexual activity or contact with a member of the staff or faculty who has direct supervisory or evaluative authority over them unless the person with the supervisory or evaluative authority has informed their superior and recused themselves from exercising any supervisory or evaluative authority over the other person.

B. Gender-based discrimination: Treating a person (or group) unfavorably or differently because of that person’s gender, perceived gender, gender identification, gender expression, sexual orientation, sexual preference, or sexual behavior in the past or present.  Gender-based discrimination may or may not be conduct that is sexual in nature. Gender-based discrimination may include gender-based harassment that is not sexual in nature.     

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 gender-based discrimination, sexual harassment or sexual violence; 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 informal or formal 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. Sexual harassment: Sexual harassment is a form of gender-based discrimination.  Sexual harassment is any unwelcome conduct of a sexual nature, such as unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature when:

i. Either explicitly or implicitly, submission to such conduct is made a term or condition of a person’s educational or employment endeavors (otherwise known as quid pro quo harassment);

ii. submission to or rejection of such conduct is used as a basis for education or employment decisions (otherwise known as quid pro quo harassment); or

iii.  such conduct 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).  Sexual 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.

Sexual harassment may include but not be limited to:  unwelcome texts, phone calls, internet-based communications, or other electronic communications of a sexual nature; crude, obscene, or sexually offensive gestures or unwelcome sexual comments;

G. Sexual violence: The act of committing any unwelcome or unwanted physical activity or contact of a sexual nature toward another person without their active consent or when a person is incapable of giving active consent.  Sexual violence may be committed by force, intimidation or coercion, or when a person is otherwise incapable of giving active consent (e.g., due to the person’s substantial impairment by drugs or alcohol, or because a physical or psychological condition or impairment otherwise impairs a person’s judgment).  There are many types of sexual violence, including but not limited to the following:  

i. Intimate partner, dating and domestic violence: Violence committed by a person who is or has been in a relationship of an intimate, dating or domestic nature with the other person.  The current or former existence of such a relationship will be determined based on a person’s statement and with consideration of the lengthy of the relationship, the type of relationship, and the frequency of the interaction between the persons involved in the relationship.  Intimate partner, dating and domestic violence includes, but is not limited to, sexual or physical abuse or the threat of such abuse; intentionally violent and/or controlling behavior by a person against the other person; psychological abuse; and may include other types of conduct prohibited under this Policy.

ii. Sexual assault: This includes any unwanted sexual contact or penetration (anal, oral or vaginal) with any body part or object.  One type of sexual assault is rape, which is the penetration, no matter how slight, of the vagina or anus, with any body part or object, or oral penetration by a sex organ of a person, without the active consent of the other person.  Another type of sexual assault is fondling, which is the touching of the private body parts of another person for the purpose of sexual gratification, without the active consent of the other person.  There are other types of sexual assault, including those defined by applicable law.

iii.  Sexual exploitation: When a person takes sexual advantage of another  person without active consent for any purpose.  Sexual exploitation can take many forms including, for example:  photographing, videotaping, or audiotaping sexual activity or contact without active consent; invasion of sexual privacy; sexually-based bullying; sexually-based defamation and slander; or engaging in behavior that is beyond the boundaries of the other person’s active consent (such as having a friend hide in the closet to watch you have sexual activity or contact with another person who is unaware that the friend is in the closet; live streaming sexual activity or conduct); exposing one’s intimate parts, such as genitalia, groin, breast and/or buttocks to someone without their active consent, including by electronic means (also referred to as indecent exposure).

iv. Stalking: A course of conduct directed at a specific person that would cause a reasonable person to fear for their own safety or the safety of another, or to suffer substantial emotional distress.  Course of conduct means two or more acts, including acts in which the stalker directly, indirectly, or through third parties, by any action, method, device, or means, follows, monitors, observes, surveils, threatens, or communicates to or about a person, or interferes with a person’s property.  Stalking includes “cyber stalking,” a form of stalking that may be over an electronic medium such as the internet, social network, blogs, cell phones, texts, or other similar devices.  Examples of stalking are set forth in the frequently asked questions below.

H. 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.

I. 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, the Director of Human Resources, and 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.