EFFECTIVE: July 1, 1998
RETITLED: September 14, 2000
RETITLED: August 25, 2001
REVISED: January 10, 2011
REVISED: May 9, 2012
REVISED: July 31, 2013
REVISED: June 1, 2014
REVISED: October 1, 2014
REVISED: June 30, 2015
REFERENCE(S): Board Policy (BP) 4-30; System President’s Procedure (SP) 4-31a
/ Nancy J. McCallin /
Nancy J. McCallin, Ph.D.
The procedure applies to students within the Colorado Community College System (CCCS).
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.
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 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:
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.
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.
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.
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.
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.
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:
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, 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:
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.
CCCS reserves the right to change any provision or requirement of this procedure at any time and the change shall become effective immediately.