STUDENT RIGHTS & RESPONSIBILITIES

In this section

Colorado Student Bill of Rights

The Colorado general assembly hereby finds that students enrolled in public institutions of higher education shall have the following rights:

Students should be able to complete their associate of arts (A.A.) and associate of science (A.S.) degree programs in no more than sixty credit hours or their baccalaureate programs in no more than one hundred twenty credit hours unless there are additional degree requirements recognized by the commission;

A student can sign a two-year or four-year graduation agreement that formalizes a plan for that student to obtain a degree in two or four years, unless there are additional degree requirements recognized by the commission;

Students have a right to clear and concise information concerning which courses must be completed successfully to complete their degrees;

Students have a right to know which courses are transferable among the state public two-year and four-year institutions of higher education;

Students, upon completion of core general education courses, regardless of the delivery method, should have those courses satisfy the core course requirements of all Colorado public institutions of higher education;

Students have a right to know if courses from one or more public higher education institutions satisfy the students’ degree requirements;

A student’s credit for the completion of the core requirements and core courses shall not expire for ten years from the date of initial enrollment and shall be transferable.

View full text at: http://highered.colorado.gov/Academics/Appeals/#billofrights 23-1-125. Colorado Commission on Higher Education directive - Student Bill of Rights

Student Rights and Responsibilities

Classroom

Students have the right to inquire, to discuss, and to express their views by orderly means that do not infringe upon the rights of others or impede the progress of the course.
Students have the right to expect that instructors will conduct themselves professionally in the classroom in accordance with College policy.
Students have the right, through a printed syllabus and course outline, to be informed of the academic standards expected of them in each course. Academic standards shall include, but are not limited to, contents, objectives to be achieved, and grading criteria which will be applied to a particular course of study.
Students have the right to be evaluated solely on the basis of their academic performance, not on their opinions or conduct in matters unrelated to academic standards. Students have the right to be protected through established procedures against prejudiced or capricious academic evaluation. Students may not grieve a grade. Students can grieve violation of the state’s grading criteria or the inequitable application of grading criteria.
Students have the opportunity, through established institutional mechanisms, to assess the value of a course, services, facilities, and equipment; to make suggestions as to its direction; and to evaluate both the instructor and the instruction they have received.
Students have the right to privacy. Personal or scholastic information about students shall be considered confidential and shall not be disclosed to others except in accordance with College policy, Colorado State Open Records Act, The Family Educational Rights and Privacy Act (FERPA), and Freedom of information statutes.
Students have the right to reasonable academic assistance provided by the institution both in and out of the classroom, based on a resource available basis.
Students have the right to legally mandated absences, such as military duty, jury duty, or legal summons to a court of law. Students receiving financial aid or Veterans benefits should contact the Financial Aid Office.
No qualified individual with a self-identified disability shall, by reason of disability, be excluded

Campus

Outside the classroom, students have the right to discuss and express by orderly means, views in support of any cause, providing it does not disrupt the operation of the institution or infringe on the rights of other members of the College community, subject only to reasonable time, place, and manner restrictions. Students shall have the right to dress in any way that personal taste dictates and that does not interfere with the education process or with health and safety requirements and is not lewd, indecent, or obscene. Clothing with offensive and/or obscene wording or pictures will not be tolerated. Students wearing such items will be asked to change the item of clothing or leave campus. Students have the right to be free from harassment or discrimination based on race, national origin, gender, religion, disability, age or sexual orientation. Expect an environment free of drug and alcohol abuse. Family members or friends of students are welcome to wait for students to complete class time or school business in the Learning Resource Center (library). All other areas of campus, including the Student Center, are for student use and considered No Loitering zones.

Student Code of Conduct (SCOC)

Students are subject to the same federal, state, and local laws as non-students and are the beneficiaries of the same safeguards of individual rights. As members of the academic community, students are expected to conduct themselves in a reasonable manner.

Students should at all times try to promote a sense of cooperation and work to build an atmosphere that will be most conducive to the goals of higher education. Members of the College community shall recognize the authority of the College to publish and maintain its own set of rules and regulations. It is the responsibility of all members of the College community to make themselves aware of the rules and regulations of the institution and comply with those rules and regulations. All members of the College community, while on campus or while participating in College-sponsored activities (on or off campus), are expected to comply with College rules and regulations and with the regulations of off-campus sites.

Conduct that violates student rights and freedoms and is subject to disciplinary action includes, but is not limited to:

Academic Misconduct:

Plagiarizing, cheating, or committing any other form of academic misconduct including, but not limited to, unauthorized collaboration, falsification of information, and/or helping someone else violate reasonable standards for academic behavior. Students who engage in any type of academic dishonesty are subject to both academic consequences as determined by the instructor and to disciplinary action as outlined in the Morgan Community College disciplinary procedures.

Disruptive Behavior:

Engaging in any disruptive behavior that negatively affects or impedes teaching or learning (regardless of mode of delivery or class setting); or disrupts the general operation of the college.

Deceitful Acts:

Engaging in deceitful acts, including, but not limited to: forgery, falsification, alteration, misrepresentation, non-disclosure, or misuse of documents, records, identification and/or educational materials.

Conduct that is Detrimental to College or to Safety:

Conduct that is deemed detrimental, harmful and/or damaging to the college and/or that jeopardizes the safety of others as determined by the Vice President for Student Success. Examples include, but are not limited to, slamming doors, throwing chairs, and/or defacing of college property, or property of others.

Physical/Non-physical Abuse:

Physical abuse or conduct that threatens or endangers another person’s health or safety.
Non-physical abuse, threats, intimidation, coercion, influence, or any unwelcome conduct in any form that is sufficiently severe, pervasive or persistent that it alters the conditions of the learning environment or employment.
Knowingly falsifying, publishing or distributing, in any form, material that tends to impeach the honesty, integrity, virtue or reputation of another person.

Harassment and/or Discrimination:

Discrimination or harassment on the basis of sex/gender, race, color, age, creed, national or ethnic origin, physical or mental disability, veteran status, pregnancy status, religion or sexual orientation.

Sexual Misconduct:

Sexual Misconduct offenses include, but are not limited to Sexual Harassment, Non-Consensual Sexual Contact (or attempts to commit same), Non-Consensual Sexual Intercourse (or attempts to commit same), and/or Sexual Exploitation. (See SP 4-120a for more information:

https://www.cccs.edu/policies-and-procedures/system-presidents-procedures/sp-4-120a-sexual-misconduct/

Weapons:

Possession or distribution of any unauthorized firearms, ammunition, explosives, fireworks and/or other dangerous weapons (or chemicals/flammable liquids) or use/threat of use of any instrument (including, but not limited to paint ball guns, pellet guns, air soft guns, bow and arrows, knives) as a weapon to intimidate, harass, or cause harm to others.

Narcotics/Alcohol:

Use, being under the influence, manufacturing, possession, cultivating, distribution, purchase, or sale of alcohol and/or drugs (illegal and/or dangerous or controlled substance) and/or alcohol/drug paraphernalia while on college owned or college controlled property, and/or at any function authorized or supervised by the college and/or in state owned or leased vehicles. Note: Although possession and use of marijuana consistent with the requirements of the Colorado Constitution is no longer a crime in the State of Colorado, the possession and use of marijuana remains illegal under federal law. Consistent with federal law, including the Controlled Substances Act and the Drug Free Schools and Communities Act, the use and/or possession of marijuana continues to be prohibited while a student is on college owned or college controlled property, and/or any function authorized or supervised by the college and/or in state owned or leased vehicles.

Dress Code:

Dress or personal hygiene that fails to meet the established safety or health standards of specific classes or activities offered by the college.

Leaving Children Unattended:

Leaving children unattended or unsupervised in campus buildings or on campus grounds unless enrolled or participating in authorized campus activities.

Violation of Laws, Directives, and Signage:

Violating any municipal, county, state or federal law that adversely impacts the conditions of the educational or employment environment.

Violations of college traffic and parking rules, regulations, or signage.

Damage to or falsely using fire alarms and/or fire extinguishers.

Creating an intentional obstruction that unreasonably interferes with freedom of movement, either pedestrian or vehicular. This includes, but is not limited to leading or inciting to disrupt college activities. Failure to comply with the lawful directives of College employees acting within the scope of their duties, including those directives issued by a College administrator to ensure the safety and well-being of others.

Violations of college policies, protocols, procedures or signage.

Illegal Gambling:

Participation in illegal gambling activities on college owned or college controlled property, and/or any function authorized or supervised by the college and/or in state owned or leased vehicles.

Unauthorized Entry and/or Unauthorized Possession:

Entry into or use of any building, room, or other college-owned or college-controlled property, grounds, or activities without authorized approval. This also includes, but is not limited to the unauthorized possession, duplication or use of college keys, lock combinations, access codes, and access cards and/or credentials and/or propping open or tampering with doors/windows.

Unacceptable Use of College Equipment, Network or System:

Unacceptable uses of any college-owned or operated equipment, network or system including, but not limited to: knowingly spreading computer viruses; reposting personal communications without author’s consent; copying protected materials; using the network for financial or personal gain, commercial activity, or illegal activity; accessing the network using another individuals account; unauthorized downloading/uploading software and/or digital video or music; downloading/uploading, viewing or displaying pornographic content, or any other attempt to compromise network integrity.

Unauthorized Pets/Animals:

Possession of any unauthorized pet or animal, excluding trained service animals (For residential dorms only: and/or assistance animals) while on college-owned or college-controlled property.

Tampering with Student Organization, Election, or Vote:

Tampering with the process of any college recognized student organization, election or vote.

Group or Organization Conduct:

Students who are members of a college recognized student organization or group and commit a violation of the Student Code of Conduct may be accountable both as an individual and as a member of the student organization.

Abuse of the Student Disciplinary and/or Grievance Procedure:

Abuse of the Student Disciplinary and/or Grievance Procedure includes, but is not limited to the following:

Disruption or interference with the orderly conduct of the student disciplinary/grievance procedure.

Falsification, distortion, or misrepresentation, or knowingly pursuing malicious, frivolous, or fraudulent charges.

Attempting to discourage an individual’s proper participation in, or use of, the student disciplinary/grievance procedure.

Attempting to influence the impartiality of a participant and/or the student disciplinary/grievance procedure.

Harassment (verbal or physical) and/or intimidation of a participant in the student disciplinary/grievance procedure.

Failure to comply with directives and/or sanctions imposed under student disciplinary/grievance procedure.

Influencing or attempting to influence another person to commit an abuse of the student disciplinary/grievance procedure.

Engaging in retaliatory acts in any form against any person or person(s) involved in the student disciplinary/grievance procedure

Unauthorized Entry into College Events:

Entering or attempting to enter any college-sponsored activity without proper credentials for admission.

Preventing or attempting to prevent any student(s) from attending any class or other College activity, impeding, or disrupting any class or other College activity, or attempting to prevent any person from lawfully entering, leaving, or using any College facility. Intentional and unauthorized interference with a right of access to College facilities, freedom of movement or freedom of speech.
Damaging, destroying, or stealing College property or private property of students, College staff or guests when such property is located upon or within College buildings or facilities.
Failure to comply with the verbal or written directions of a College official, violating any College suspension, probation, or conditions thereof. Failing to comply with contractual obligations with the College (such as defaults on payments, loan agreements, terms of work-study, employment, etc.)
Influencing or attempting to influence any employee or any student enrolled in the College through the offerings or acceptance of favors (including sexual), bribery, or any kind of threats.
Violation of college rules regarding the operation and parking of motorized vehicles on college property.
Aiding, abetting, or inciting others to commit any of the acts listed above.

Note: Additional disciplinary policies may be in effect for the health occupations. Please refer to these programs for specific information. Students in the above programs do not in any way forgo their right of due process through the grievance procedure.

Also note: In most circumstances, college will treat attempts to commit code of conduct violations as if those attempts had been completed.

Violations of the above may result in, but are not limited to, fines, restitution, community service, and/or disciplinary procedures.

Student Disciplinary Procedure

APPLICATION

The procedure applies to students within the Colorado Community College System (CCCS).

BASIS

Students are expected to adhere to the Student Code of Conduct and policies and procedures of the College. If a student is charged with violating her/his College’s Code, these are the procedures to be used in resolving the charge.

DEFINITIONS

Chief Student Services Officer (CSSO): The individual designated by the College President to administer student affairs and be responsible for administering the College’s Student Code of Conduct and this procedure. The CSSO may delegate student discipline to another individual (designee).

Code of Conduct: A document developed and published by each College which, defines prescribed conduct of students.

Complainant(s): A person(s) who is subject to the alleged misconduct or related retaliation. For purposes of this procedure, a complainant can be a CCCS employee(s), student(s), authorized volunteer(s), guest(s), or visitor(s).

Day: Refers to working day unless otherwise noted below.

Jurisdiction: Applies to behaviors that take place on the campus, at System or College sponsored events; and may also apply off-campus and to online activity when the Chief Student Services Officer (CSSO), or designee, determines that the off-campus conduct affects a substantial System or College interest. A substantial College interest is defined to include the following:

Any action that constitutes criminal offense as defined by federal or Colorado law. This includes, but is not limited to, single or repeat violations of any local, state or federal law committed in the municipality where the System or the College is located;

Any situation where it appears that the accused individual may present a danger or threat to the health or safety of self or others;

Any situation that significantly impinges upon the rights, property or achievements of self or others or significantly breaches the peace and/or causes social disorder; and/or

Any situation that is detrimental to the educational interests of the System or the College.

Any online postings or other electronic communication by students, including cyber-bullying, cyber-stalking, cyber-harassment, etc. occurring completely outside of the System or the College’s control (e.g., not on System or College networks, websites or between System or College email accounts) will only be subject to this procedure when those online behaviors can be shown to cause a substantial on-campus disruption. Otherwise, such communications are considered speech protected by the First Amendment to the Constitution.

Notice: Notices which are required to be given by this procedure shall be considered served upon the student when given by personal delivery, mailing by certified mail, or emailing the student to their official College email address requesting a delivery receipt notification. If notice is mailed, student shall be given three (3) additional days to respond.

Respondent: A student whose alleged conduct is the subject of a complaint or incident.

Retaliatory Acts: Include but not limited to intimidation, verbal or physical threats, harassment, coercion, or other adverse action(s) against a person who reports an incident of misconduct.

Sanctions: One or more of the following may be imposed when there is a finding that a student has violated the College’s Code of Conduct:

Warning: A Notice served upon the student advising her/him that he/she is violating or has violated College regulations.

Probation: After a finding of violation of the Code of Conduct, restriction of student’s privileges for a designated period of time including the probability of more severe disciplinary sanctions if the student is found to be violating any College regulations during the probationary period.

Other Disciplinary Sanction: Fines, restitution, denial of privileges (including extra-curricular activities or holding office in student organizations), assignment to perform services for the benefit of the College or community; educational sanctions such as mediation, letter of reflection, attendance at a workshop, seminar, or training writing a letter of apology seeking academic advising; re-assignment or eviction from campus housing, substance abuse screening, re-assignment to another class section, including a potential online section, or other sanction that doesn’t result in the student being denied the right of attending classes, or any combination of these.

College Suspension or Expulsion: An involuntary separation of the student from the College for misconduct not based on academic performance for a specified period of time.

Suspension is a separation that shall not exceed three academic terms (including summer term) per suspension for any singular offense or situation. While a student is suspended, he or she is not eligible for admission or re-admission at any of the community Colleges within the System. Additionally, if a student is suspended at any of the other Auraria Campus Institutions (i.e., Metropolitan State University of Denver [MSUD] or the University of Colorado Denver [UCD]), he or she will not be eligible for admission or re-admission at the Community College of Denver (CCD). Consequently, if a student is suspended at MSUD or UCD and attempts to enroll at one of the other twelve community Colleges within the System, he or she may be denied pursuant to the process under Board Policy 4-10, Admission, Continued Enrollment and Re-enrollment of Students. Once the suspension is lifted at any of the community Colleges within the System, MSUD or UCD, the student may be eligible for admission or re-admission. Examples of suspension include, but are not limited to the following: the College, a department or program, a class, use of a College facility or an activity. Students may be suspended from one class period by the responsible faculty member or adjunct instructor. Longer suspensions can only be implemented by the CSSO or designee in accordance with this procedure.

Expulsion is an indefinite separation from the College. The expelled student is not eligible for admission or re-admission at any of the community Colleges within the System. Additionally, if a student is expelled at MSUD or UCD, he or she will not be eligible for admission or re-admission at CCD. Consequently, if a student is expelled at MSUD or UCD and attempts to enroll at one of the other twelve community Colleges within the System, he or she may be denied pursuant to the process under Board Policy 4-10, Admission, Continued Enrollment and Re-enrollment of Students. In exceptional cases where a student wants to be considered for admission or re-admission after an expulsion has been implemented, the student bears the burden to prove that the behavior resulting in the expulsion has been resolved. It is the College’s discretion to admit or deny the student.

Interim Action: An immediate action taken by the CSSO or designee, to ensure the safety and well-being of members of the System or College community; preservation of System or College property; or if the student poses a definite threat of disruption or interference to others or the normal operations of the System or College. In the event of an interim action, the hearing before the CSSO or designee shall occur as soon as possible following the interim action. If the College issues a permanent sanction, the student shall be afforded appeal rights as discussed below. If the College does not implement a permanent sanction, the interim action will be removed from the student’s record.
The College may issue a “Cease Communications”, “No Contact”, and/or “No Trespass” directive, also referred to as a persona non grata.
Student: All persons currently taking courses at or sponsored by the College(s), pursuing either credit or non-credit courses (or both), including those concurrently attending secondary or post-secondary institutions and College. Persons who are not officially enrolled for a specific term, but who have a continuing relationship with the College are considered students.
Continuing Relationship: A student registered for an upcoming term or has indicated intent via a transaction such as a financial aid application to register for an upcoming term. A continuing relationship also includes students who are first time enrollees who engage in misconduct prior to the time of enrollment. For students in a continuing relationship status, jurisdiction and the reasonable person standard must be considered in pursuing disciplinary charges. The Student Conduct Code shall apply to a student's conduct even if the student withdraws from school while a disciplinary matter is pending.
Title IX Coordinator(s) and Title VI and VII Coordinator(s) (EO Coordinator): Designated by the College President to oversee all civil rights complaints.
Training: All College officials involved with the investigation and discipline process will be trained annually on the issues related to domestic violence, dating violence, sexual assault, and stalking.

PROCEDURES

The CSSO or designee shall receive all allegations of student misconduct, investigate the complaints, which includes meeting with the student to give him/her the opportunity to respond to the allegations of misconduct. If the allegations of misconduct are discrimination and/or harassment based on federal or state civil rights laws, the College will investigate those incidents through the Civil Rights Grievance and Investigation Process, System President’s Procedures (SP) 3-50b and (SP) 4-31a via the following link: https://www.cccs.edu/about-cccs/state-board/policies-procedures/.

Once the investigation is complete, either through this process or the Civil Rights Grievance and Investigation Process, the CSSO or designee shall render a sanction decision.

The CSSO or designee may decide that the charges can be disposed of administratively by mutual consent of the parties involved on a basis acceptable to them. If an administrative resolution is not achieved, the CSSO or designee shall issue a decision which determines whether the alleged conduct occurred; whether the conduct violated the Code of Conduct or College procedures; and impose a sanction(s) if appropriate.

In cases of domestic violence, dating violence, sexual assault and stalking, the complainant and the respondent will be notified simultaneously in writing of the outcome of any disciplinary proceeding, as well as any changes to those results or disciplinary actions prior to the time that such results become final and shall be given the rationale for the discipline decision.

The student shall receive written notice of the decision and be advised of her/his right to appeal the decision, subject to the grounds below, by filing a written appeal with the CSSO or designee within seven (7) days of service of the decision.

APPEAL

In the event of an appeal, the CSSO or designee shall give written notice to the other party (e.g., if the accused student appeals, the appeal is shared with the complainant who may also wish to file a response), and then the CSSO or designee will draft a response memorandum (also shared with all parties). All appeals and responses are then forwarded to the Appeals Officer or committee for initial review to determine if the appeal meets the limited grounds and is timely. The original finding(s) and sanction(s) will stand if the appeal is not timely or substantively eligible, and the decision is final.

If the appeal has standing, the documentation is reviewed. Because the original finding(s) and sanction(s) are presumed to have been decided reasonably and appropriately, the party appealing the decision must specifically cite the error(s) in the original determination on which the appeal is based. The only grounds for appeal are as follows:

A material procedural or substantive error occurred that significantly impacted the outcome of the hearing (e.g. substantiated bias, material deviation from established procedures); which must be explained in the written appeal; or
To consider new evidence, unavailable during the investigation or hearing that could substantially impact the original finding or sanction. A summary of this new evidence and its potential impact must be included in the written appeal, as well as the reasons the new evidence was not available during the original proceeding. Failure to participate in the initial process does not constitute as new information for the appeal process.

If the Appeals Officer or committee determines that a material procedural or substantive error occurred, it may return the complaint to the CSSO or designee with instructions to reconvene, in order to cure the error. In rare cases of bias, where the procedural or substantive error cannot be cured by the CSSO or designee, the Appeals Officer or committee may order that a new hearing be held by a different individual acting in the place of the designated CSSO or designee. The results of a reconvened hearing cannot be appealed. The results of a new hearing can be appealed once on (either or both of) the two applicable grounds for appeals.

If the Appeals Officer or committee determines that new evidence should be considered, it will return the complaint to the CSSO or designee to reconsider in light of the new evidence, only. If the subject matter pertains to civil rights violations pursuant to SP 4-31a Civil Rights Grievance and Investigation Process, the Appeals Officer or committee will return the complaint to the Title IX/EO Coordinator to reconsider in light of the new evidence, only. The reconsideration of the CSSO, designee, or Title IX/EO Coordinator is not appealable.

The procedures governing the hearing of appeals include the following:

All parties should be timely informed of the status of requests for appeal, the status of the appeal consideration, and the results of the appeal decision.
If the Appeals Officer or committee determines there is new evidence or error in the original proceeding, every opportunity to return the appeal to the CSSO or designee for reconsideration (remand) should be pursued.
Appeals are not intended to be a full rehearing of the complaint (de novo). In most cases, appeals are confined to a review of the written documentation or record of the original hearing, and pertinent documentation regarding the grounds for appeal.
An appeal is not an opportunity for an Appeals Officer or committee to substitute their judgment for that of the CSSO or designee, merely because they disagree with her/his finding and/or sanctions.
Appeals decisions are to be deferential to the original decision, making changes to the findings only where there is clear error and a compelling justification to do so.
Sanctions imposed are implemented immediately, unless the CSSO or designee stays their implementation in extraordinary circumstances, pending the outcome of the appeal.
The Appeals Officer or committee will render a written decision on the appeal to all parties within seven (7) days of receiving the appeal request. The committee’s decision to deny appeal requests is final.

ADDITIONAL PROCESS PROVISIONS

The student may have the opportunity to be advised by a personal advisor of their choice, at their expense, at any stage of the process and to be accompanied by that advisor at any meeting or hearing. An advisor may only consult and advise her/his advisee, but not speak for the advisee at any meeting or hearing. These procedures are entirely administrative in nature and are not considered legal proceedings. The CSSO may remove or dismiss an advisor who becomes disruptive or who does not abide by the restrictions on their participation.
The student is responsible for presenting her/his own case and, therefore, advisors are not permitted to speak or to participate directly in any hearing, except when the student is under the age of eighteen (18) or incapacitated.
Student shall have the right to identify documents, witnesses and other material he/she would like the CSSO or designee to review before making a final decision.
Any hearing held shall be conducted in private unless all parties agree otherwise.
A record of the hearing should be maintained by the CSSO or designee.
Audio and/or Video Recording – the College, at its discretion, may audio or video record any meeting throughout the process. Should a recording exist, the student may request a copy at the end of the process. No other audio or video recording will be allowed.
If student has a disability and would like to request an accommodation to assist her/him through the discipline process, he/she may do so by informing the CSSO or designee. The CSSO or designee will then work with disability support services to accommodate the request.
Proceedings under this procedure may be carried out prior to, simultaneously with, or following civil or criminal proceedings off-campus
Standard of proof – the College will use the preponderance of evidence standard in the disciplinary proceedings, meaning, the College will determine whether it is more likely than not that a conduct code was violated.
All sanctions imposed by the original decision maker will be in effect during the appeal. A request may be made to the CSSO or designee for special consideration in exigent circumstances, but the presumptive stance of the College is that the sanctions will stand. Graduation, study abroad, internships/externships, clinical placements, extra-curricular activities, etc. do not (in and of themselves) constitute exigent circumstances, and students may not be able to participate in those activities during their appeal. In cases where the appeal results in reinstatement to the College or of privileges, all reasonable attempts will be made to restore the student to their prior status, recognizing that some opportunities lost may be irretrievable in the short term.
The procedural rights afforded to students above may be waived by the student.
All timelines may be extended as agreed upon by both parties.

RETALIATORY ACTS

It is a violation of this procedure to engage in retaliatory acts against any employee or student who reports an incident(s) of Code of Conduct violations or any employee or student who testifies, assists or participates in the discipline proceeding, investigation or hearing relating to such allegation(s) of Code of Conduct violations.

REVISING THIS PROCEDURE

CCCS reserves the right to change any provision or requirement of this procedure at any time and the change shall become effective immediately.

NOTE: The full procedure may be viewed at: https://www.cccs.edu/bp-4-30-student-discipline/ or https://www.cccs.edu/sp-4-30-student-disciplinary-procedure/

Sexual Misconduct/Sexual Harassment

If you believe you have been or are the victim of sexual misconduct or sexual harassment, including sexual assault, sexual violence, you may report such conduct or file a complaint under Title IX with the Title IX Coordinator. Complaints of student sexual misconduct are addressed by the Title IX Coordinator and are governed by the CCCS Sexual Misconduct Procedure SP 4-120a.

Sexual Misconduct Procedure

For complete copy of the Colorado Community College System - System President's Procedure - Sexual Misconduct Procedure SP 4-120a (Revised September 23, 2016) go to: https://www.cccs.edu/sp-4-120a-sexual-misconduct/

APPLICATION

This procedure applies to the Community Colleges within the Colorado Community College System (CCCS) and the System Office.

Allegations that an individual has engaged in any of these prohibited behaviors will be investigated under System President’s Procedure (SP) 3-50b, Civil Rights Grievance and Investigation Process (if the accused is a CCCS employee, authorized volunteer, guest, or visitor), or SP 4-31a, Civil Rights Grievance and Investigation process (if the accused is a student).

BASIS

The System and College communities have the right to be free from sexual violence. All members of the System and College communities are expected to conduct themselves in a manner that does not infringe upon the rights of others. CCCS believes in a zero tolerance policy for sex/gender-based misconduct. When an allegation of misconduct is brought to an appropriate administrator’s attention, and a respondent is found to have violated this procedure, serious sanctions will be implemented to reasonably ensure that such actions are never repeated. This procedure has been developed to reaffirm these principles and to provide recourse for those individuals whose rights have been violated.

This procedure is intended to define the System and College’s expectations and to establish a mechanism for determining when those expectations have been violated.

When both the complainant and respondent are CCCS employees, authorized volunteers, guests and/or visitors, the System and Colleges will comply with Title VII of the Civil Rights Act of 1964. When a complainant and/or respondent is a student, the System and Colleges will comply with Title IX of the Education Amendments of 1972 (Title IX). For all individuals who this procedure applies to, the System and Colleges will adhere to their obligations under the Violence Against Women Reauthorization Act (VAWA) of 2013.

DEFINITIONS

ADA, Title VI and Title VII/Equal Opportunity Coordinator(s) (EO Coordinator) is the employee designated by the System or College President to oversee all civil rights complaints, including sexual misconduct, when employees are both the complainant and the respondent. The President may also designate a “Deputy” EO Coordinator.

The EO Coordinator’s responsibilities include, but need not be limited to:

Contact for government inquiries;

Point person for all civil rights complaints involving employees as complainant and respondent;

Creator and implementer of appropriate procedures;

Assurance of First Amendment protection;

Prevention and remediation of stalking;

Prevention and remediation of intimate partner and relationship violence;

Prevention and remediation of bullying and cyberbullying;

Oversight and coordination of prompt and equitable grievance procedures;

Coordinator of the interaction of multiple student and employee grievance processes;

Supervisor of investigations;

Compliance auditor; and

Trainer or convener of broad training requirements for CCCS employees, boards, investigators and appeals officers.

Coercion is unreasonable pressure for sexual activity. Coercive behavior differs from seductive behavior based on the type of pressure someone uses to get consent from another. When someone makes clear to you that they do not want sex, that they want to stop, or that they do not want to go past a certain point of sexual interaction, continued pressure beyond that point can be coercive.

Complainant is a person who has been subjected to alleged sexual misconduct and/or related retaliation. For purposed of this procedure, a complainant can be a CCCS employee, student, authorized volunteer, guest, or visitor.

Consent must be clear, knowing and voluntary. Consent is active, not passive. Silence, in and of itself, cannot be interpreted as consent. Consent can be given by words or actions, as long as those words or actions create mutually understandable clear permission regarding willingness to engage in (and the conditions of) sexual activity. Also, in order to give effective consent, one must be of legal age. Further, consent to any one form of sexual activity cannot automatically imply consent to any other forms of sexual activity. Previous relationships or prior consent cannot imply consent to future sexual acts.

Disciplinary Authority is the individual with authority, or delegated authority, to impose discipline upon a respondent.

Force is the use of physical violence and/or imposing on someone physically to gain sexual access. Force also includes threats, intimidation (implied threats) and coercion that overcomes resistance or produces consent.

Incapacitation is a state where someone cannot make rational, reasonable decisions because they lack the capacity to give knowing consent. Incapacitation could result from mental disability, sleep, involuntary physical restraint, or from the ingestion of rape drugs. Possession, use and/or distribution of any of these substances, including, but not limited to Rohypnol, Ketomine, GHB, Burundanga, etc. is prohibited, and administering one of these drugs to another person is a violation of this policy.

Sexual activity with someone whom one should know to be—or based on the circumstances should reasonably have known to be—mentally or physically incapacitated (by alcohol or other drug use, unconsciousness or blackout), constitutes a violation of this procedure.

Use of alcohol or other drugs will never function as a defense to a violation of this procedure.

Jurisdiction applies to behaviors that take place on the campus, at System or College sponsored events, and may also apply off-campus and to actions online when the Title IX/EO Coordinator determines that the off-campus conduct affects a substantial System or College interest. A substantial System or College interest is defined to include:

Any action that constitutes criminal offense as defined by federal or Colorado law. This includes, but is not limited to, single or repeat violations of any local, state or federal law committed in the municipality where the System or College is located;
Any situation where it appears that the accused individual may present a danger or threat to the health or safety of self or others;
Any situation that significantly impinges upon the rights, property or achievements of self or others or significantly breaches the peace and/or causes social disorder; and/or
Any situation that is detrimental to the educational interests of the System or College.

Any online postings or other electronic communication by students, including but not limited to cyber-bullying, cyber-stalking, and/or cyber-harassment, occurring completely outside of the System or College’s control (e.g., not on System or College networks, websites or between System or College email accounts) will only be subject to this procedure when those online behaviors can be shown to cause a substantial on-campus disruption. Otherwise, such communications are considered speech protected by the First Amendment.

Off-campus discriminatory or harassing speech by employees may be regulated by the System or College only when such speech is made in an employee’s official or work-related capacity.

Offensive conduct that does not rise to the level of discrimination or harassment may not result in the imposition of discipline under the System President’s Procedures, but will be addressed through civil confrontation, remedial actions, education and/or effective conflict resolution mechanisms.

Respondent is a person whose alleged conduct is the subject of a complaint. For purposes of this procedure, a respondent can be a CCCS employee, authorized volunteer, guest, visitor, or student.

Title IX Coordinator is the employee designated by the System and the College President to oversee all civil rights complaints, including sexual misconduct, when students are complainants and/or respondents. The Title IX Coordinator’s responsibilities include, but need not be limited to:

Contact for government inquiries;
Point person for all civil rights complaints involving a student as complainant and/or respondent;
Creator and implementer of appropriate procedures;
Assurance of First Amendment protection;
Prevention and remediation of stalking;
Prevention and remediation of intimate partner and relationship violence;
Prevention and remediation of bullying and cyber-bullying;
Oversight and coordination of prompt and equitable grievance procedures;
Coordinator of the interaction of multiple student and employee grievance processes;
Supervisor of investigations;
Compliance auditor; and
Trainer or convener of broad training requirements for CCCS employees, boards, investigators and appeals officers.

Sexual Misconduct Offenses include, but are not limited to:

Sexual Harassment
Non-Consensual Sexual Contact (or attempts to commit same)
Non-Consensual Sexual Intercourse (or attempts to commit same)
Sexual Exploitation

Sexual Harassment may be the result of a hostile environment, quid pro quo, and/or retaliation.

A hostile environment exists when a person is subjected to sex- or gender-based verbal or physical conduct that is sufficiently severe, persistent, or pervasive to alter the conditions of a person’s employment and/or unreasonably interfere with a person’s ability to participate in or benefit from the System or College’s educational program and/or activities, from both a subjective and objective viewpoint.

The determination of whether conduct constitutes prohibited harassment can be based on the following circumstances:

the frequency of the conduct;
the nature and severity of the conduct;
whether the conduct was physically threatening;
whether the conduct was humiliating;
the effect of the conduct on the alleged victim’s mental or emotional state;
whether the conduct was directed at more than one person;
whether the conduct arose in the context of other discriminatory conduct;
whether the conduct unreasonably interfered with the alleged victim’s educational or work performance;
whether a statement is a mere utterance of an epithet which engenders offense in an employee or student, or offends by mere discourtesy or rudeness; and
whether the speech or conduct deserves the protections of the First Amendment and/or academic freedom.

Quid pro quo sexual harassment exists when a person engages in unwelcome sexual advances, requests for sexual favors, or other verbal or physical conduct of a sexual nature, and submission to or rejection of such conduct is used in determining educational and/or employment decisions.

Retaliatory sexual harassment is any adverse employment or educational action taken against a person because of the person’s perceived participation in a complaint or investigation of sexual misconduct.

Non-Consensual Sexual Contact is:

any intentional sexual touching,
however slight,
with any object,
by any individual upon any individual,
that is performed without consent and/or by force.

Sexual touching includes any bodily contact with the breasts, groin, genitals, mouth or other bodily orifice of another individual, or any other bodily contact in a sexual manner.

Non-Consensual Sexual Intercourse is:

any sexual penetration or intercourse (anal, oral or vaginal);
however slight,
with any object,
by any individual upon any individual,
that is performed without consent and/or by force.

Sexual Exploitation occurs when a person takes non-consensual or abusive sexual advantage of another for his/her own advantage or benefit, or to benefit or advantage anyone other than the one being exploited, and that behavior does not otherwise constitute one of the other sexual misconduct offenses.

Examples of sexual exploitation include, but are not limited to:

Invasion of sexual privacy.
Prostituting another person.
Non-consensual video or audio-taping of sexual activity.
Going beyond the boundaries of consent (such as letting uninvolved persons hide in a closet to secretly observe an act of otherwise consensual sex).
Engaging in voyeurism.
Knowingly transmitting a sexually transmitted infection (STI) or human immunodeficiency virus (HIV) to another person.
Exposing one’s genitals in non-consensual circumstances and/or inducing another to expose their genitals.
Viewing or possessing child or adult pornography at work or on System or College-owned property.
Sexually-based stalking and/or bullying may also be forms of sexual exploitation.

Other forms of sexual misconduct include, but are not limited to, the following, when the act is based on a person’s actual or perceived sex or gender:

Threatening or causing physical harm, extreme verbal abuse or other conduct which threatens or endangers the health or safety of any person.
Intimidation, defined as implied threats or acts that cause an unreasonable fear of harm in another.
Hazing, defined as acts likely to cause physical or psychological harm or social ostracism to any person within the System or College community, when related to the admission, initiation, pledging, joining, or any other group-affiliation activity; hazing is also illegal under Colorado law.
Bullying, defined as repeated and/or severe aggressive behavior likely to intimidate or intentionally hurt, control or diminish another person, physically or mentally.
Stalking, defined as a course of conduct directed at a specific person that is unwelcome and would cause a reasonable person to feel fear.
Violation of any other System or College rule.

PROCEDURE

The System President delegates to each College President the responsibility to ensure procedures for the effective investigation and remediation of prohibited conduct is implemented at their College. The System President will be responsible to ensure such procedures are implemented at the System office.

Conflicts of Interest

While a particular interaction must be offensive to both a reasonable person and to the complainant to be defined as harassment, CCCS employees and other persons of authority should be sensitive to questions about mutuality of consent that may be raised and to the conflict of interests that are inherent in personal relationships that result from professional and educational interactions. Harassment is particularly damaging when it exploits the educational dependence and trust between students and faculty/staff. When the authority and power inherent in faculty/staff relationships with students, whether overtly, implicitly, or through misinterpretation, is abused in any way, there is potentially great damage to the individual student, to the accused individual, and to the climate of the institution.

It is the policy of the State Board for Community Colleges and Occupational Education that none of its employees or its Board members shall engage in any activity or relationship that places them in a conflict of interest between their official activities and any other interest or obligation. Conflict of interest requires all employees to disqualify themselves from participating in a decision when a personal interest is present; therefore, SP 3-70a, Conflict of Interest-Relationships, requires all employees involved in an amorous relationship to excuse themselves from any authority or evaluative role with respect to the other person. Please refer to SP 3-70a for more information and disclosure requirements. https://www.cccs.edu/policies-and-procedures/system-presidents-procedures/sp-3-70a-conflicts-of-interest-relationships/

Education and Prevention Programs

The College engages in comprehensive educational programming to prevent domestic violence, dating violence, sexual assault and stalking. Educational programming consists of primary prevention and awareness programs for all incoming students and new employees and ongoing awareness and prevention campaigns for students and faculty that:

Identifies domestic violence, dating violence, sexual assault and stalking as prohibited conduct;
Defines what behavior constitutes domestic violence, dating violence, sexual assault, and stalking pursuant to Colorado law;
Defines what behavior and actions constitute consent to sexual activity in the State of Colorado;
Provides safe and positive options for bystander intervention that may be carried out by an individual to prevent harm or intervene when there is a risk of domestic violence, dating violence, sexual assault, or stalking against a person other than the bystander;
Provides information on risk reduction so that students and employees may recognize warning signs of abusive behavior and how to avoid potential attacks; and
Provides information on the procedures the college will adhere to after a sex offense occurs.

Retaliatory Acts

If any person who reports an incident of sexual misconduct or any person who testifies, assists or participates in a proceeding, investigation or hearing relating to such allegation of sexual misconduct, feels they are being subjected to retaliatory acts may report such incidences to the EO or Title IX Coordinator.

It is a violation of this procedure to engage in retaliatory acts against any person who reports an incident of sexual misconduct, or any person who testifies, assists or participates in a proceeding, investigation or hearing relating to such allegation of sexual misconduct. Such act will be subject to discipline, up to and including expulsion for students, termination for CCCS employees, and dismissal for authorized volunteers, guests or visitors.

Interpretation and Revision

This procedure defines and prohibits sexual misconduct. If statutory provisions, regulatory guidance, or court interpretations change or conflict with this procedure, the procedure can be deemed amended as of the time of the decision, ruling or legislative enactment to assure continued compliance.

CCCS reserves the right to change any provision or requirement of this procedure at any time and the change shall become effective immediately.

REPORTING AN INCIDENT OF SEXUAL MISCONDUCT

The System and the Colleges do not permit sexual misconduct. The System and Colleges can respond to a complaint only if it is aware of the allegations made. Further, the System and Colleges can more effectively investigate the sooner the allegation is brought to its attention.

Any person who believes they have been subjected to sexual misconduct should file a grievance pursuant to SP 3-50b and SP 4-31a, Civil Rights Grievance and Investigation Process.

https://www.cccs.edu/sp-3-50b-civil-rights-grievance-and-investigation-process/

https://www.cccs.edu/sp-4-31a-civil-rights-grievance-and-investigation-process/

MCC can only respond to allegations of misconduct if it is aware of the misconduct. Further, MCC can more effectively investigate the sooner the allegation is brought to its attention. Any employee, student, authorized volunteer, guest or visitor who believes that he or she has been subjected to sexual misconduct, or believes someone else a part of the MCC community is being subjected to sexual misconduct, shall contact:

The Title IX Coordinator when the alleged victim and/or respondent is a student.

The EO Coordinator when the alleged victim and the respondent are a composition of employees, authorized volunteers, guests or visitors.

Anyone can request advice and information about possible ways to proceed and to put the college on notice.

MCC Contacts:

Director of Human Resources

Julie Beydler

(970) 542-3129

Julie.Beydler@MorganCC.edu

Vice President of Student Success

Kent Bauer
(970) 542-3111

Kent.Bauer@MorganCC.edu

Vice President of Administration and Finance

Susan Clough

(970) 552-3127

Susan.Clough@MorganCC.edu

Director of Access and Enrollment/ADA Coordinator

Iván Díaz
(970) 542-3157

Ivan.Diaz@MorganCC.edu

Other Contacts:

Sexual Assault Response Advocates (S.A.R.A.)
418 Ensign St. | Fort Morgan, CO 80701
(970) 867-2121
Toll Free: 1-855-440-SARA (7272)
Fax: (970) 867-4714
http://www.sarainc.org

CONFIDENTIALITY AND REPORTING INCIDENT(S) OF SEXUAL MISCONDUCT VIOLATIONS

CCCS employees and officials affiliated with the System and Colleges, depending on their roles within CCCS, have varying reporting responsibilities and abilities to maintain confidentiality. In order to make informed choices, one should be aware of confidentiality and mandatory reporting requirements when consulting System and College resources.

On campus, some resources may maintain confidentiality, offering options and advice without any obligation to inform an outside agency or individual unless you have requested information to be shared. Other resources exist for you to report crimes and policy violations and these resources will take action when you report victimization to them. Most resources on campus fall in the middle of the two extremes; neither the College, nor the law, requires them to divulge private information that is shared with them, except in rare circumstances. The following describes the reporting options at the System and Colleges.

Further, any person has the right to file a police report. Should a complainant want to do so, and needs further assistance, please contact the Title IX and/or EO Coordinator, or the College designee in charge with overseeing the Clery Reporting obligations. Each College must publish and notify the College community of who this individual is.

EMPLOYEE'S OBLIGATION TO REPORT

CCCS employees, unless deemed a confidential resource by law, have an ethical obligation to report any incidences they are aware of concerning sexual misconduct. If the employee is unsure, s/he may direct their questions to the Title IX and/or EO Coordinator at the System or at the Colleges. Failure to report will be considered a violation of BP 3-70, Colorado Community College system Code of Ethics, and may result in discipline, up to and including termination.

All CCCS employees receiving reports of potential sexual misconduct violations are expected to promptly contact the Title IX and/or EO Coordinator, within 24 hours of becoming aware of a report or incident. In all cases, the System and the Colleges' Title IX and/or EO Coordinator will give consideration to the victim in how the grievance is pursued, but reserves the right, when necessary to protect the community, to investigate and pursue a resolution when an alleged victim chooses not to initiate or participate in a formal grievance.

TO REPORT A COMPLAINT CONFIDENTIALLY¹⁰

If one desires that details of the incident be kept confidential, they should speak with mental health counselors, either on or off campus, campus health service providers, or off-campus rape crisis resources who can maintain confidentiality.

The System and Colleges will provide on and/or off-campus mental health counselors free of charge. In addition, another confidential resource you may speak to off-campus, are members of the clergy and chaplains. If you speak to a confidential resource that is endorsed by the College, these individuals are asked to submit anonymous statistical information to the College for Clery Act purposes unless they believe it would be harmful to their client, patient, or parishioner.

If you are unsure of someone's duties and ability to maintain privacy, ask them before talking to them. They will be able to explain and help a reporting party to make decisions about who is in the best position to help.

CLERY ACT-FEDERAL STATISTICAL REPORTING OBLIGATIONS

Certain campus officials have a duty to report criminal misconduct for federal statistical reporting purposes (Clery Act). All personally identifiable information is kept confidential, but statistical information must be passed along to campus law enforcement regarding the type of incident and its general location (on or off-campus, in the surrounding area, but no addresses are given) for publication in the annual Campus Security Report. This report helps to provide the community with a clear picture of the extent and nature of campus crime, to ensure greater community safety.

Mandated federal reporters include: student affairs/student conduct officers, campus law enforcement, local police, coaches, athletic directors, residence life staff, student activities staff, human resources staff, advisors to student organizations and any other official with significant responsibility for student and campus activities. The information to be shared includes the date, the location of the incident (using Clery location categories) and the Clery crime category. This reporting protects the identity of the victim and may be done anonymously.

CLERY ACT-FEDERAL TIMELY WARNING REPORTING OBLIGATIONS

Victims of criminal misconduct should also be aware that College administrators must issue immediate timely warnings for incidents reported to them that are confirmed to pose a substantial threat of bodily harm or danger to members of the campus community. The College will make every effort to ensure that a victim's name and other identifying information is not disclosed, while still providing enough information for community members to make safety decisions in light of the danger.

For more information on Clery Act reporting requirements please contact the College's designee in charge with overseeing the Clery Reporting obligations. Each College must publish and notify the College community of who this individual is.

FILING A COMPLAINT

All complaints shall be made as promptly as possible after the occurrence. A delay in reporting may be reasonable under some circumstances; however, an unreasonable delay in reporting is an appropriate consideration in evaluating the merits of a complaint or report.

The System and the Colleges must include a web link to the Civil Rights Incident Report Form, as attached to SP 3-50b and SP 4-31a, Civil Rights Grievance and Investigation Process, to initiate a sexual misconduct allegation.

https://www.cccs.edu/sp-3-50b-civil-rights-grievance-and-investigation-process/ or https://www.cccs.edu/sp-4-31a-civil-rights-grievance-and-investigation-process/

If you do not want to make a report through the online form, please report all concerns or complaints relating to sexual misconduct to the Title IX/EO Coordinator(s) at the System or the Colleges. The System and the Colleges are required to publish the name, title, address, phone number, and email of the Title IX and EO Coordinator(s).

External Complaints

Students with complaints of this nature also have the right to file a formal complaint with the United States Department of Education:

Office for Civil Rights (OCR)

U.S. Department of Education

Cesar E. Chavez Memorial Building

1244 Speer Boulevard, Suite 310

Denver, CO 80204-3582

Telephone: (303) 844-5695

Facsimile: (303) 844-4303

Email: OCR.Denver@ed.gov

Web: http://www.ed.gov/ocr

For employees with complaints of this nature also have the right to file a formal complaint with the Colorado Department of Regulatory Agencies:

Colorado Civil Rights Division

1560 Broadway #1050

Denver, CO 80202

Telephone: (303) 894-2997

Facsimile: (303) 894-7830

Web: https://www.colorado.gov/pacific/dora/civil-rights

United States Equal Employment Opportunity Commission

303 E. 17th Avenue

Suite 410

Denver, CO 80203

Telephone: (800) 669-4000

Facsimile: (303) 866-1085

Web: http://www.eeoc.gov/field/denver/index.cfm

All other grievances where the complainant is a student(s) and the basis of the complaint is not based on federal or state civil rights laws will be addressed pursuant to SP 4-31, Student Grievance Procedure: https://www.cccs.edu/sp-4-31-student-grievance-procedure/.

All other grievances by an employee(s) and the basis of the complaint is not based on federal or state civil rights laws will be addressed pursuant to SP 3-50a, Employee Grievances: https://www.cccs.edu/sp-3-50a-employee-grievances/.

¹CCCS has elected to use the term “Sexual Misconduct” to comply with its federal obligations pursuant to Title VII of the Civil Rights Act of 1964 and Title IX of the Education Amendments of 1972, and the Violence Against Women Reauthorization Act (VAWA) of 2013 The term “sexual misconduct” is intended to include incidences that may rise to the level of Sexual Assault, as defined by C.R.S. 18-3-402, or Sexual Assault on a Child, as defined by C.R.S. 18-3-405, and/or applicable local jurisdictional crimes. The decision to investigate and sanction an incident under this procedure does not constitute a determination that the incident is a criminal offense. The decision to criminally charge an incident as a “sexual assault,” and/or applicable local jurisdictional crimes, is a determination for law enforcement.

²Colorado law does not define "dating violence"; therefore the System and College will use the definition set forth in the Violence Against Women Reauthorization Act (VAWA) of 2013. Dating Violence means violence committed by a person who is or has been in a social relationship of a romantic or intimate nature with the victim. The existence of such a relationship shall be determined based on the reporting party's statement and with consideration of the length of the relationship, the type of relationship, and the frequency of interaction between the persons involved in the relationship.

³Colorado law, C.R.S. 18-6-800.3, defines "domestic violence" as an act or threatened act of violence upon a person with whom the actor is or has been involved in an intimate relationship. Domestic violence also includes any other crime against a person, or against property, including an animal or any municipal ordinance violation against a person, or against property, including an animal, when used as a method of coercion, control, punishment, intimidation, or revenge directed against a person with whom the actor is or has been involved in an intimate relationship. This definition is applicable to criminal prosecutions, and it will also be used as the definition for this procedure.

⁴Colorado Law, C.R.S. 18-3-602, defines "stalking", which is applicable to criminal prosecutions, but defers from the definition used in this procedure, is defined as a person commits stalking if directly, or indirectly through another person, the person knowingly:

Makes a credible threat to another person and, in connection with the threat, repeatedly follows, approaches, contacts, or places under surveillance that person, a member of that person's immediate family, or someone with whom that person has or has had a continuing relationship; or

Makes a credible threat to another person and, in connection with the threat, repeatedly makes any form of communication with that person, a member of that person's immediate family, or someone with whom that person has or has had a continuing relationship, regardless of whether a conversation ensues; or

Repeatedly follows, approaches, contacts, places under surveillance, or makes any form of communication with another person, a member of that person's immediate family, or someone with whom that person has or has had a continuing relationship in a manner that would cause a reasonable person to suffer serious emotional distress and does cause that person, a member of that person's immediate family, or someone with whom that person has or has had a continuing relationship to suffer serious emotional distress. For purposes of this paragraph (c), a victim need not show that he or she received professional treatment or counseling to show that he or she suffered serious emotional distress.

⁵Colorado law, C.R.S. 18-9-124, "hazing", which is applicable to criminal prosecutions, but defers from the definition used in this procedure, is defined as any activity by which a person recklessly endangers the health or safety of or causes a risk of bodily injury to an individual for purposes of initiation or admission into or affiliation with any student organization; except that "hazing" does not include customary athletic events or other similar contests or competitions, or authorized training activities conducted by members of the armed forces of the state of Colorado or the United States.

⁶The state definition of "Consent" regarding "Unlawful Sexual Behavior", C.R.S. 18-3-401, for criminal prosecutions, but defers from the definition used in this procedure, means cooperation in act or attitude pursuant to an exercise of free will and with knowledge of the nature of the act. A current or previous relationship shall not be sufficient to constitute consent. Submission under the influence of fear shall not constitute consent.

⁷The System and Colleges may designate one employee to be the Title IX Coordinator as well as the EO Coordinator or they may designate two separate employees.

⁸Colleges are required to notify the U.S. Department of Education of their designated Title IX Coordinator, including contact information. Please cc CCCS Legal Affairs to the notice.

⁹CCCS has adopted parts of the National Center for Higher Education Risk Management (NCHERM) Group and the Association of Tile IX Administrators (ATIXA policy, "The NCHERM Group/ATIXA Model Policy and Procedure for Civil Rights Equity Grievance Resolution For all Faculty, Students and Employees." Use and Adaptation of this model with citations to the NCHERM Group/ATIXA is permitted through a license to the Colorado Community College System. All other rights reserved © 2014. The NCHERM Group, LLC/ATIXA.

¹⁰The System and the Colleges are expected to establish on and/or off-campus mental health resources. These resources must be publicized for the System and College community.

Student Grievances

Student Grievance Procedure

For a complete copy of Colorado Community College System - System President's Procedure - Student Grievance Procedure SP 4-31 (Revised January 20, 2015) go to https://www.cccs.edu/sp-4-31-student-grievance-procedure/.

APPLICATION

The procedure applies to students within the Colorado Community College System (CCCS).

BASIS

This Student Grievance Procedure is intended to allow students an opportunity to present an issue which they feel warrants action, including the right to secure educational benefits and services.

If the basis of the claim is discrimination and/ or harassment based on federal or state civil rights laws, the student must file a grievance under the Civil Rights Grievance and Investigation Process.

If the accused (Respondent) is a student, please refer to SP 4-31a (https://www.cccs.edu/sp-4-31a-civil-rights-grievance-and-investigation-process/).

If the Respondent is a CCCS Administrator/Professional Technical employee(s), Faculty or Adjunct Instructor(s), Classified employee(s), hourly employee(s), which would include student hourlys and workstudys (CCCS employee(s)), authorized volunteer(s), guest(s) or visitor(s), please refer to SP 3-50b (https://www.cccs.edu/sp-3-50b-civil-rights-grievance-and-investigation-process/).

DEFINITIONS

Chief Student Services Officer (CSSO) is the College employee designated by the College President to administer student grievances. The CSSO may delegate the responsibility over student grievances to another person

Complainant(s) is a person who is subject to alleged inequity as it applies to Board Policies, System President’s Procedures, or College Procedures. For purposes of this procedure, a Complainant(s) is a student who was enrolled at the time of the alleged incident.

Day refers to calendar day unless otherwise noted below.

Grievance: A grievable offense is any alleged action which violates or inequitably applies State Board Policies, System President's Procedures, and College Procedures. The Complainant must be personally affected by such violation or inequitable action.

Non-grievable matters: The following matters are not grievable under this procedure except as noted:

Matters over which the college is without authority to act.
Grades and other academic decisions unless there is an allegation that the decision was motivated by discrimination and/or harassment which should be filed under the appropriate Civil Rights Grievance and Investigation Process.

Notices which are required to be given by this procedure shall be considered served when given by personal delivery, mailing by certified mail, or emailing the parties to their official college email address requesting a delivery receipt notification. If notice is mailed, the parties shall be given three (3) additional days to respond.

Respondent(s) is a person whose alleged conduct is the subject of a complaint. For purposes of this procedure, a Respondent can be a CCCS employee(s), student(s) who was enrolled at the time of the alleged incident, authorized volunteer(s), guest(s) visitor(s), or College.

FILING A COMPLAINT

PROCEDURES

Students must timely submit all grievances in writing (See Appendix) to the CSSO. The grievance should clearly and concisely describe the alleged incident(s), when and where it occurred, and the desired remedy sought. The grievance should be signed by the initiator or, in the case of an email submission, sent as an email attachment, in letter format and should contain the name and all contact information for the grievant. Any supporting documentation and evidence should be referenced within the body of the formal grievance. Additionally, the initiator of a formal grievance should submit any supporting materials in writing as quickly as is practicable.

The Complainant’s supporting documentation should clearly demonstrate all informal efforts, if any, to resolve the issue(s) with the person involved and the person’s supervisor. This includes names, dates and times of attempted or actual contact along with a description of the discussion and the manner of communication made in the course of each effort. If contacting the person involved and/or the supervisor is impracticable, the Complainant should state the reasons why.

The CSSO shall initially determine whether the complaint is grievable or non-grievable.

If grievable, the CSSO shall inform the Complainant and Respondent of the grievance.

If the CSSO determines the complaint is not grievable, s/he shall inform the Complainant of this decision in writing. This decision is final.

INFORMAL GRIEVANCE PROCESS

Complainant is encouraged to resolve the issue with the Respondent through the informal process. The CSSO shall facilitate the informal process. If the informal grievance process is unsuccessful, or if the College or the Complainant chooses not to pursue the informal process, the CSSO will open a formal grievance case.

FORMAL GRIEVANCE PROCESS

Participation in the Grievance Process

The CSSO will contact or request a meeting with both the Complainant and Respondent. Both parties will be given the opportunity to discuss the allegations of the grievance and may offer any documentation, witnesses, or other materials in support of the complaint.

The CSSO may also contact or request a meeting with relevant college staff, students, or others as part of the investigation.

At the CSSO’s discretion, he/she may discontinue meetings with anyone that is causing disruption, and will proceed to make a determination based on the information known at that time.

The Complainant(s) and the Respondent(s) have the opportunity to be advised by a personal advisor of their choice, at their expense, at any stage of the process and to be accompanied by that advisor at any meeting or hearing.

An advisor may only consult and advise his or her advisee, but not speak for the advisee at any meeting or hearing. These procedures are entirely administrative in nature and are not considered legal proceedings. The CSSO may remove or dismiss an advisor who becomes disruptive or who does not abide by the restrictions on their participation.

AUDIO and/or VIDEO RECORDING

The College, at its discretion, may audio or video record any meeting throughout the process. No other audio or video recording will be allowed.

DECISION

Based on the preponderance of evidence, the CSSO shall issue a decision, in writing, to both the Complainant and Respondent. The decision shall reject or grant the grievance and make recommendation(s) to resolve the issue(s). The Complainant and Respondent shall be advised of his/her right to appeal the decision, subject to the grounds below, by filing a written appeal with the CSSO within seven (7) days of service of the decision.

APPEAL

In the event of an appeal, the CSSO shall give written notice to the other party to allow him/her the opportunity to submit a response in writing. The CSSO will also draft a response memorandum (also shared with all parties). All appeals and responses are then forwarded to the appeals officer or committee for initial review to determine if the appeal meets the limited grounds and is timely. The original finding will stand if the appeal is not timely or substantively eligible, and the decision is final. The party requesting appeal must show error as the original finding is presumed to have been decided reasonably and appropriately. The ONLY grounds for appeal are as follows:

A procedural or substantive error occurred that significantly impacted the outcome of the hearing (e.g. substantiated bias, material deviation from established procedures); or

To consider new evidence, unavailable during the original hearing or investigation, that could substantially impact the original finding. A summary of this new evidence and its potential impact must be included in the written appeal.

If the appeals officer or committee determines that new evidence should be considered, it will return the complaint to the CSSO to reconsider in light of the new evidence, only.

If the appeals officer or committee determines that a material procedural or substantive error occurred, it may return the complaint to the CSSO with instructions to reconvene the hearing to cure the error. In rare cases, where the procedural or substantive error cannot be cured by the CSSO in cases of bias, the appeals officer or committee may order a new hearing be held by a different individual acting in the place of the designated CSSO. The results of a reconvened hearing cannot be appealed. The results of a new hearing can be appealed, once, on the two applicable grounds for appeals.

SPECIAL GRIEVANCE PROCESS PROVISIONS

The student is responsible for presenting his/her own case and, therefore, advisors are not permitted to speak or to participate directly in any hearing except when the student is under the age of eighteen or incapacitated.

Student shall have the right to identify documents, witnesses and other material he/she would like the CSSO to review before making a final decision.

Any hearing held shall be conducted in private unless all parties agree otherwise.

A record of the hearing should be maintained by the CSSO.

If student has a disability and would like to request an accommodation to assist him/her through the grievance process they may do so by informing the CSSO. The CSSO will then work with disability support services to accommodate the request.

If the grievance is against the CSSO, the Chief Academic Officer or other person designated by the president shall perform the duties of the CSSO.

Proceedings under this procedure may be carried out prior to, simultaneously with, or following civil or criminal proceedings off-campus.

Standard of proof-the college will use the preponderance of evidence standard in the grievance proceedings, meaning, the college will determine whether it is more likely than not the Complainant was subjected to inequity as it applies to Board Policies, System President’s Procedures, or College procedures.

False Reports-College will not tolerate intentional false reporting of incidents. False reporting could lead to disciplinary action, up to and including expulsion for students.

The procedural rights afforded to students above may be waived by the student.

RETALIATORY ACTS

If any person who files a grievance, or any person who testifies, assists or participates in a proceeding, investigation or hearing relating to such grievance, feels they are being subjected to retaliatory acts may report such incidences to the CSSO.

It is a violation of the grievance procedure to engage in retaliatory acts against any person who files a grievance or any person who testifies, assists or participates in the grievance proceeding, investigation or hearing relating to such grievance. Such act will be subject to discipline, up to and including expulsion for students, termination for CCCS employees, and dismissal for authorized volunteers, guests or visitors.

REVISING THIS PROCEDURE

CCCS reserves the right to change any provision or requirement of this procedure at any time and the change shall become effective immediately.

FORMS AND WHO TO REPORT TO

Student Grievance Incident Report Form:

To file a non-civil rights complaint, complete the Student Grievance Incident Report Form found at:

http://www.morgancc.edu/grievances

Submit all Student Grievance Incident Report forms to:

Morgan Community College
CCSO: Kent Bauer,
Vice President for Student Success
920 Barlow Road
Fort Morgan, CO 80701
Telephone: (970) 542-3111
Email: Kent.Bauer@MorganCC.edu

Complaint Incident Report Form (Civil Rights):

To file a civil rights grievance complete the Complaint Incident Report Form found at www.morgancc.edu/grievances

Report all concerns or complaints relating to discrimination or harassment to the Title IX/EO Coordinator:

Morgan Community College
Julie Beydler, Director of Human Resources/Title IX Coordinator
920 Barlow Road, Fort Morgan, CO 80701
Telephone: 970-542-3129
Email: Julie.Beydler@MorganCC.edu

Students with complaints of this nature also have the right to file a formal complaint with the United States Department of Education at:

Office for Civil Rights (OCR)
The United States Department of Education
Cesar E. Chavez Memorial Building
1244 Speer Boulevard, Suite 310
Denver, CO 80204-3582
Telephone: (303) 844-5695
Facsimile: (303) 844-4304
Email: OCR.Denver@ed.gov
Web: http://www.ed.gov/ocr

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2019-2020 Academic Catalog w/Addendum