APPROVED: March 27, 2015
EFFECTIVE: March 27, 2015
REFERENCE: Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act,” 20 U.S.C. § 1092(f) (the “Clery Act”)
/ Nancy J. McCallin /
Nancy J. McCallin, Ph.D.
This procedure applies to the Community Colleges within the Colorado Community College System (CCCS).
Pursuant to Board Policy (BP) 19-20, Colleges shall establish a Clery Committee to meet at least annually to review the College’s Clery Act compliance efforts. The College President shall designate a Clery Compliance Officer. The Clery Compliance Officer shall work with the Clery Committee to develop and implement policies and procedures regarding the College’s Clery Act obligations.
Annual Fire Report: A required annual report that discloses fire safety policies and procedures for on-campus student housing and statistics for fires in on-campus student housing.
Annual Security Report: A required annual report setting forth statistics for Clery Act Crimes and disciplinary referrals for drug, alcohol, and weapon offenses by type, location, and year; statistics for fires in on-campus student housing; campus security and safety policy statements; policies and procedures for dealing with dating violence, domestic violence, sexual assault, and stalking pursuant to the Violence Against Women Reauthorization Act (VAWA); procedures for issuing to the campus community Timely Warnings of potentially dangerous criminal and emergency situations; campus evacuation procedures; and locations for obtaining information concerning registered sex offenders from state law enforcement agencies.
Campus Security Authority (CSA): Any individual who meets the following criteria at the College:
Clery Act Crimes: Certain crimes specified in the Clery Act on which the campus must compile statistics of reports made to campus safety/security, CSAs and local law enforcement, including: aggravated assault, arson, burglary, motor vehicle theft, murder and non-negligent manslaughter, negligent manslaughter, robbery, forcible and non-forcible sex offenses, hate crimes, domestic violence, dating violence, and stalking.
Clery Committee: A committee comprised of campus officials who meet to review the campus’ Clery Act compliance efforts and make recommendations to the Clery Compliance Officer regarding the campus’ Clery Act obligations.
Clery Compliance Officer: The official who the College President designates to coordinate the College’s’ Clery Act compliance program.
Clery Geography Map: A map depicting the Core Campus and surrounding area that identifies On-Campus Property, Non-Campus Property, and Public Property.
Clery Liaison: Person representing a college department, in order to provide pertinent Clery information to the Clery Compliance Officer. A Clery Liaison may also serve on the College Clery Committee.
Core Campus: The same reasonably contiguous area of buildings or property owned or controlled by the College that the campus and its students consider to be, and treat as, an integral party of the main campus; that are directly supported, or related to the campus’ educational purposes; and that are covered by the same security and safety policies.
Daily Crime Log: A log maintained of any and all alleged criminal incidents reported to the College police or public safety.
Emergency Notification: An announcement to inform the campus community of a significant emergency or dangerous situation involving an immediate threat to the health or safety of students or employees on the campus.
Fire Log: A daily log maintained of any report to a campus official of a fire occurring in on-campus student housing.
Missing Student Notification: Following the determination that a student who resides in on-campus student housing has been missing for 24 hours, a notification issued to a student’s designated confidential contact, parent or legal guardian, and the local law enforcement agency with jurisdiction.
Pastoral Counselor: An employee of an institution, who is associated with a religious order or denomination, recognized by that religious order or denomination as someone who provides confidential counseling and who is functioning within the scope of that recognition as a pastoral counselor.
Professional Counselor: A campus employee whose official responsibilities pursuant to the job description include, providing psychological counseling to members of the campus community and who is functioning within the scope of his or her license or certification.
Timely Warning: An announcement called a “Crime Alert” to inform the campus community of Clery Act Crimes and other serious incidents when a reported crime may pose a serious or continuing threat to the campus and surrounding community.
Specifically, Campus safety/security shall work with the campus departments to establish primary prevention and awareness programs for incoming students and employees and ongoing prevention and awareness campaigns for students and employees for VAWA that must cover domestic violence, dating violence, sexual assault, and stalking. All educational programs for VAWA must:
CCCS reserves the right to change any provision or requirement of this procedure at any time and the change shall become effective immediately.
POLICY STATEMENT FOR ANNUAL SECURITY REPORT
JEANNE CLERY DISCLOSURE OF CAMPUS SECURITY POLICY AND CAMPUS CRIME STATISTICS ACT, AS AMENDED BY THE VIOLENCE AGAINST WOMEN REAUTHORIZATION ACT OF 2013
[NAME] College does not discriminate on the basis of sex in its educational programs; sexual harassment and sexual violence are considered types of sex discrimination. Other acts may also be defined as forms of sex-based discrimination and are also prohibited whether sexually based or not and include dating violence, domestic violence, and stalking. As a result, [NAME] College issues this statement of policy to inform the community of our comprehensive plan that addresses sexual misconduct, educational programs, and procedures that address sexual assault, domestic violence, dating violence, and stalking, whether the incident occurs on or off campus and when it is reported to a College official. In this context, [NAME] College prohibits the offenses of domestic violence, dating violence, sexual assault and stalking and reaffirms its commitment to maintain a campus environment to emphasize the dignity and worth of all members of the College community.
[NAME] College is a part of the Colorado Community College System (CCCS) and is governed by the State Board for Community Colleges and Occupational Education (SBCCOE). Vie all SBCCOE Board Policies (BP) governing sexual misconduct. BP 3-120, Affirmative Action/Anti-Discrimination, prohibits employee sexual misconduct and BP 4-120, Prohibition of Discrimination or Harassment, prohibits student sexual misconduct.
Additionally, the Board has delegated procedural authority to the Colorado Community College System Chancellor. As a result, view the pertinent CCCS System President’s Procedures (SP) on Sexual Misconduct. SP 3-120a applies to CCCS employees, authorized volunteers, guests and visitors. SP 4-120a applies to students.
All Sexual Misconduct complaints are investigated pursuant to System President’s Procedures, Civil Rights Grievance and Investigation Process. If the respondent to a complaint is a CCCS employee, authorized volunteer(s), guest(s), or visitor(s), SP 3-50b will apply. If the respondent is a student, SP 4-31a applies.
Consent, Unlawful Sexual Behavior: Colorado Revised Statutes (C.R.S.) 18-3-401, 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.
Sexual Assault: C.R.S. 18-3-402, any actor who knowingly inflicts sexual intrusion or sexual penetration on a victim commits sexual assault if:
The actor causes submission of the victim by means of sufficient consequence reasonably calculated to cause submission against the victim’s will; or
The actor knows that the victim is incapable of appraising the nature of the victim’s conduct; or
The actor knows that the victim submits erroneously, believing the actor to be the victim’s spouse; or
At the time of the commission of the act, the victim is less than fifteen years of age and the actor is at least four years older than the victim and is not the spouse of the victim; or
At the time of the commission of the act, the victim is at least fifteen years of age but less than seventeen years of age and the actor is at least ten years older than the victim and is not the spouse of the victim; or
The victim is in custody of law or detained in a hospital or other institution and the actor has supervisory or disciplinary authority over the victim and uses this position of authority to coerce the victim to submit, unless the act is incident to a lawful search; or
The actor, while purporting to offer a medical service, engages in treatment or examination of a victim for other than a bona fide medical purpose or in a manner substantially inconsistent with reasonable medical practices; or
The victim is physically helpless and the actor knows the victim is physically helpless and the victim has not consented.
Sexual Assault on a Child: C.R.S. 18-3-405. Any actor who knowingly subjects another not his or her spouse to any sexual contact commits sexual assault on a child if the victim is less than fifteen years of age and the actor is at least four years older than the victim.
Domestic Violence: C.R.S. 18-6-800.3. 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.
Dating Violence: 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. There is no Colorado state law on dating violence; therefore the college abides by the definition used in the Violence Against Women Reauthorization Act (VAWA) of 2013.
For purposes of this definition, dating violence includes, but is not limited to, sexual or physical abuse or the threat of such abuse. Dating violence does not include acts covered under the definition of domestic violence.
Stalking: C.R.S. 18-3-602. 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.
Additional definitions as it relates to “Stalking” under Colorado law:
Conduct “in connection with” a credible threat means acts that further, advance, promote, or have a continuity of purpose, and may occur before, during, or after the credible threat.
“Credible threat” means a threat, physical action, or repeated conduct that would cause a reasonable person to be in fear for the person’s safety or the safety of his or her immediate family or of someone with whom the person has or has had a continuing relationship. The threat need not be directly expressed if the totality of the conduct would cause a reasonable person such fear.
“Immediate family” includes the person’s spouse and the person’s parent, grandparent, sibling, or child.
“Repeated” or “repeatedly” means on more than one occasion.
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.
Source: 34 CFR §668.46(j)(1)(i)(A)-(F)
Educational programs are offered to raise awareness for all incoming students and employees, and are often conducted during new student and new employee orientation and throughout an incoming student’s first semester. These programs and others offered throughout the year include strong messages regarding not just awareness, but also primary prevention. Bystander engagement is encouraged through safe and positive intervention techniques and by empowering third-party intervention and prevention such as calling for help, using intervention-based apps, identifying allies and/or creating distractions.
Programs also offer information on risk reduction that strives to empower victims, how to recognize warning signals and how to avoid potential attacks, and do so without victim-blaming approaches. Throughout the year, ongoing awareness and prevention campaigns are directed to students and employees, including faculty, often taking the form of campaigns, emails, guest speakers and events such as [insert examples].
The College has developed an annual educational campaign consisting of presentations that include distribution of educational materials to new students; [The following is SAMPLE LANGUAGE – Insert College specific information here regarding participation in and presenting information and materials during new employee orientation; participating in the Spring and Fall Faculty orientation program; presenting programs throughout the year on at least a quarterly basis, including sessions such as: skits, clothes line projects, a residence hall speaker series, an annual poster series and web-based training programs regarding the role of faculty in assisting students who disclose abuse or an assault].
Add any information you have for these tables in the format below for the reporting year:
The College offered the following primary prevention and awareness programs for all incoming students in [YEAR]:
The College offered the following primary prevention and awareness programs for all new employees in [YEAR]:
The College offered the following ongoing awareness and prevention programs for students in [YEAR]:
*DoV means Domestic Violence, DaV means Dating Violence, SA means Sexual Assault and S means Stalking
The College has procedures in place that serve to be sensitive to those who report sexual assault, domestic violence, dating violence, and stalking, including informing individuals about their right to file criminal charges as well as the availability of medical attention, counseling and support services, and additional remedies to prevent contact between a complainant and an accused party, such as housing, academic, transportation and working accommodations, if reasonably available. Students and employees should contact [INSERT NAME AND CONTACT INFORMATION FOR THE INDIVIDUAL OR OFFICE WHO WOULD HANDLE THESE ACCOMMODATIONS AT YOUR INSTITUTION].
After an incident of sexual assault and domestic violence, the victim should consider seeking medical attention as soon as possible at [INSERT NAME OF HOSPITAL OFFERING PHYSICAL EVIDENCE RECOVERY KIT COLLECTION/ACCESS TO FORENSIC NURSE EXAMINERS/SEXUAL ASSAULT NURSE PRACTICIONERS]. In Colorado, evidence may be collected even if you choose not to make a report to law enforcement. It is important that a victim of sexual assault not bathe, douche, smoke, change clothing or clean the bed/linen/area where they were assaulted, if the offense occurred within the past 96 hours so that evidence (as may be necessary to the proof of criminal activity) may be preserved. In circumstances of sexual assault, if victims do not opt for forensic evidence collection, health care providers can still treat injuries and take steps to address concerns of pregnancy and/or sexually transmitted disease.
Victims of sexual assault, domestic violence, stalking, and dating violence are encouraged to also preserve evidence by saving text messages, instant messages, social networking pages, other communications, and keeping pictures, logs or other copies of documents (if they have any) that would be useful to College hearing boards/investigators or police.
Although the College strongly encourages all members of its community to report violations of this policy to law enforcement, it is the victim’s choice whether or not to make such a report and victims have the right to decline involvement with the police. The College [INSERT THE NAME OF THE DEPARTMENT OR INDIVIDUAL AND TITLE WHO WILL ASSIST HERE] will assist any victim with notifying local police if they so desire. [INSERT NAME OF LOCAL POLICE AGENCY WITH JURISDICTION] Police Department may also be reached directly by calling [INSERT TELEPHONE NUMBER], in person at [INSERT ADDRESS]. Additional information about the [INSERT NAME] Police department may be found online at: [INSERT LOCAL PD WEBSITE].
If you have been the victim of domestic violence, dating violence, sexual assault, or stalking, you should report the incident promptly to the Title IX Coordinator, [INSERT NAME OF YOUR INSTITUTIONS TITLE IX COORDINATOR, AS WELL AS HIS/HER OFFICE ADDRESS, EMAIL AND TELEPHONE NUMBER] and Campus Police/Security (if the victim so desires).
The Title IX Coordinator is ultimately responsible to assure (in all cases) that the behavior is brought to an end, the College acts to reasonably prevent its recurrence and the effects on the victim and the community are remedied. The Coordinator is also responsible to assure that training is conducted annually for all advocates, investigators, hearing officers, panelists and appeals officers that encompass a hearing process that protects the safety of victims and promotes accountability. Training will focus on sexual misconduct, domestic violence, dating violence, sexual assault, stalking, sexual harassment, retaliation and other behaviors that may be considered forms of sex or gender discrimination covered by Title IX and Clery Act. Training will help those decision-makers in the process to protect the safety of victims and to promote accountability for those who commit offenses.
The College will provide resources to persons who have been victims of sexual assault, domestic violence, dating violence, or stalking, and will apply appropriate disciplinary procedures to those who violate this policy. The procedures set forth below are intended to afford a prompt response to charges of sexual assault, domestic or dating violence, and stalking, to maintain confidentiality and fairness consistent with applicable legal requirements, and to impose appropriate sanctions against violators of this policy.
As time passes, evidence may dissipate or become lost or unavailable, thereby making investigation, possible prosecution, disciplinary proceedings, or obtaining protection from abuse orders that may be related to the incident more difficult. If a victim chooses not to make a complaint regarding an incident, he or she nevertheless should consider speaking with Campus Public Safety or other law enforcement, in order to preserve evidence in the event that the victim changes her/his mind at a later date.
If a report of domestic violence, dating violence, sexual assault or stalking is reported to the College, the below are the procedures that the College will follow as well as a statement of the standard of evidence that will be used during any judicial hearing on campus arising from such a report:
Procedure Institution Will Follow:
Evidentiary Standard: Sexual assault cases are referred to the Title IX Coordinator and are adjudicated by the institution’s Sexual Misconduct and Civil Rights Grievance and Investigation Procedures using the preponderance of the evidence standard.
Procedure Institution Will Follow:
Evidentiary Standard: Stalking cases are referred to the Chief Conduct Officer and adjudicated using the preponderance of the evidence standard. If the stalking is sexually based, it may fall under the institution’s Sexual Misconduct Procedure and if so, would be referred to the Title IX Coordinator and adjudicated under the institution’s Sexual Misconduct and Civil Rights Grievance and Investigation.Procedures using the preponderance of the evidence standard.
Procedure Institution Will Follow:
Evidentiary Standard: Dating Violence cases are referred to the Chief Conduct Officer and adjudicated using the preponderance of the evidence standard. If the dating violence incident is sexually based, it may fall under the institution’s Sexual Misconduct Procedure and if so, would be referred to the Title IX Coordinator and adjudicated under the institution’s Sexual Misconduct and Civil Rights Grievance and Investigation.Procedures using the preponderance of the evidence standard.
Procedure Institution Will Follow:
Evidentiary Standard: Domestic Violence Cases are referred to the Chief Conduct Officer and adjudicated using the preponderance of the evidence standard. If the act of domestic violence is sexually based, it may fall under the institution’s Sexual Misconduct Procedure and if so, would be referred to the Title IX Coordinator and adjudicated under the institution’s Sexual Misconduct and Civil Rights Grievance and Investigation. Procedures using the preponderance of the evidence standard.
Regardless of whether a victim elects to pursue a criminal complaint, the College will assist victims of sexual assault, domestic violence, dating violence, and stalking and will provide each victim with a written explanation of their rights. In Colorado, a victim of domestic violence, dating violence, sexual assault or stalking has the following rights:
Rights Afforded to Victims: C.R.S. 24-4.1-302.5
In order to preserve and protect a victim’s rights to justice and due process, each victim of a crime shall have the following rights:
The right to be treated with fairness, respect, and dignity, and to be free from intimidation, harassment, or abuse, throughout the criminal justice process;
The right to be informed of, be present or not present for, and receive notification of critical stages of the criminal justice process as specified in state statute (C.R.S. 24-4.1-302(2) and 302.5);
The right to be informed of the filing of a petition by a perpetrator of the offense to terminate sex offender registration pursuant to section 16-22-113(2)(c), C.R.S.;
The right to be informed, upon request by the victim, when a person who is accused or convicted of a crime against the victim is released or discharged from county jail; and
The right to be informed, upon written request by the victim, when a person who is accused or convicted of a crime against the victim is released or discharged from custody other than county jail, is paroled, escapes from a secure or non-secure correctional facility or program, or absconds from probation or parole.
Further, [NAME OF COLLEGE] complies with Colorado law in recognizing orders of protection by: [ENTER WHAT YOUR INSTITUTION DOES TO COMPLY WITH PROTECTIVE ORDERS AND ASSIST VICTIMS. For Example: Any person who obtains an order of protection from Colorado or any reciprocal state should provide a copy to Campus Police/Safety and the Office of the Title IX Coordinator. A complainant may then meet with Campus Police to develop a Safety Action Plan, which is a plan for campus police and the victim to reduce risk of harm while on campus or coming and going from campus. This plan may include, but in not limited to: escorts, special parking arrangements, providing a temporary cell phone, changing classroom location or allowing a student to complete assignments from home, etc.]
Protection from abuse orders may be available through Emergency Protection Orders, C.R.S. 13-14-103.
Any county or district court shall have the authority to enter an emergency protection order, which may include:
Restraining a party from contacting, harassing, injuring, intimidating, threatening, molesting, touching, stalking, sexually assaulting or abusing any other party, a minor child of either of the parties, or a minor child who is in danger in the reasonably foreseeable future of being a victim of an unlawful sexual offense or domestic abuse;
Excluding a party from the family home or from the home of another party upon a showing that physical or emotional harm would otherwise result;
Awarding temporary care and control of any minor child of a party involved;
Enjoining an individual from contacting a minor child at school, at work, or wherever he or she may be found;
Restraining a party from molesting, injuring, killing, taking, transferring, encumbering, concealing, disposing of or threatening harm to an animal owned, possessed, leased, kept, or held by any other party, a minor child of either of the parties, or an elderly or at-risk adult; or
Specifying arrangements for possession and care of an animal owned, possessed, leased, kept, or held by any other party, a minor child of either of the parties, or an elderly or at-risk adult.
In cases involving a minor child, the juvenile court and the district court shall have the authority to issue emergency protection orders to prevent an unlawful sexual offense or domestic abuse, when requested by the local law enforcement agency, the county department of social services, or a responsible person who asserts (in a verified petition supported by affidavit) that there are reasonable grounds to believe that a minor child is in danger in the reasonably foreseeable future of being the victim of an unlawful sexual offense or domestic abuse, based upon an allegation of a recent actual unlawful sexual offense or domestic abuse or threat of the same. Any emergency protection order issued shall be on a standardized form prescribed by the Justice Department and a copy shall be provided to the protected person.
A verbal emergency protection order may be issued only if the issuing judge finds that an imminent danger in close proximity exists to the life or health of one or more persons or that a danger exists to the life or health of the minor child in the reasonably foreseeable future.
To the extent of the victim’s cooperation and consent, College offices, including [LIST WHICH OFFICES WORK TOGETHER TO PROTECT VICTIM PRIVACY AND TO ENSURE CONFIDEITALITY TO THE EXTENT IN WHICH IT MAY BE KEPT] will work cooperatively to ensure that the complainant’s health, physical safety, work and academic status are protected, pending the outcome of a formal College investigation of the complaint. For example, if reasonably available, a complainant may be offered changes to academic, living, or working situations in addition to counseling, health services and assistance in notifying appropriate local law enforcement. [LIST HERE WHICH OFFICE IS RESPONSIBLE FOR ASSISTING THE VICTIM WITH THESE ACCOMODATIONS]. Additionally, personal identifiable information about the victim will be treated as confidential and only shared with persons with a specific need to know who are adjudicating/investigating the complaint, or delivering resources or support services to the complainant. The College does not publish the name of crime victims nor house identifiable information regarding victims on the [campus police, public safety] department’s Daily Crime Log or online. Victims may request that directory information on file be removed from public sources by request [INSERT NAME OF OFFICE OR PERSON WHOM VICTIMS WOULD REQUEST DIRECTORY INFORMATION BE PROTECTED].
If a student victim would like information regarding financial aid services, please contact [INSERT NAME AND CONTACT INFORMATION FOR COLLEGE]. The College can assist students with information such as how to apply for a withdrawal from classes or about options for addressing concerns about loan repayment terms and conditions.
Whether or not criminal charges are filed, the College or a person may file a complaint under the Civil Rights Grievance and Investigation Process. If the respondent to a complaint is a CCCS employee(s), authorized volunteer(s), guest(s), or visitor(s), SP 3-50b will apply. If the respondent is a student, SP 4-31a applies. Reports of all domestic violence, dating violence, sexual assault and stalking made to [Campus Police, Public Safety] will automatically be referred to the Title IX Coordinator for investigation regardless if the complainant chooses to pursue criminal charges.
The College’s civil rights grievance and investigation process, as well as the discipline process, will provide prompt, fair, and impartial investigation and resolution that is:
Completed within reasonably prompt timeframes which, pursuant to our procedure, is sixty (60) days. If the College finds it necessary to extend this timeline, they may do so for good cause. The College will provide written notice to the accuser and the accused of the delay and the reason for the delay;
The processes shall be conducted in a manner that is transparent to the accuser and accused;
The processes allow for timely notice of meetings at which the accuser or accused, or both, may be present;
Provides timely access to the accuser, the accused, and appropriate officials to any information that will be used after the fact-finding investigation but during the disciplinary meetings and hearings; and
Conducted by officials who do not have a conflict of interest or bias for or against the accuser or the accused.
All College officials involved with the investigation and discipline process are trained annually on the issues related to domestic violence, dating violence, sexual assault, and stalking. These employees are taught how to conduct an investigation and hearing process that protects the safety of the victim and promotes accountability.
After the civil rights grievance and investigation process is concluded, the findings are shared with the disciplinary authority to begin the College’s discipline process.
If the accused is an employee, sanction decisions are outlined in:
The student discipline process, in all cases, provides that:
The accuser and the accused each have the opportunity to meet with the CSSO, for students, or the Appointing Authority/Disciplinary Authority, for CCCS employees, authorized volunteers, guests and visitors;
Attend a hearing before a properly trained hearing panel or person;
The accuser and the accused each 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 System or College may remove or dismiss an advisor who becomes disruptive or who does not abide by the restrictions on their participation as explained above.
An employee and student conduct decision is based on the preponderance of evidence standard (“more likely than not to have occurred” standard). In other words, the conduct process asks: “is it more likely than not that the accused violated SBCCOE Policy, CCCS, or College Procedure”.
The accuser and the accused will be notified simultaneously in writing of the outcome of any disciplinary proceeding, and shall be given the rationale for the discipline decision.
When a complainant does not consent to the disclosure of his or her name or other identifiable information to the alleged perpetrator, the College’s ability to respond to the complaint may be limited.
The College will protect the identity of persons who report having been victims of sexual assault, domestic violence, dating violence, or stalking to the fullest extent of the law.
In all cases, investigations that result in a finding (of more likely than not) that a violation(s) has occurred, may lead to the initiation of disciplinary procedures against the accused individual. Examples of College sanctions may include, but are not limited to:
For students – warning, probation, fines, restitution, denial of privileges, assignment to perform services for the benefit of the college or community, reassignment to another class section including online, suspension, expulsion, a “Cease Communications” directive, or a “No trespass” directive (PNG).
For CCCS employees – warning, written warning, corrective actions, probation, restitution, denial of privileges, suspension, demotion, termination of employment, a “Cease Communications” directive, or a “No trespass” directive (PNG).
For authorized volunteers, guest(s), or visitors-warning, writing warning, denial of privileges, dismissal from College, a “Cease Communications” directive, or a “No trespass” directive (PNG).
Additionally, the College may implement protective measures following the report of domestic violence, dating violence, sexual assault and/or stalking, which may include some or all of the following actions: [INSERT ALL YOU CAN THINK OF HERE]. For students, sexual assault, domestic violence, dating violence, and stalking are violations of the Student Conduct Code. Employees who violate this policy will be subject to discipline, up-to-and-including termination of employment. Sexual assault, domestic violence, dating violence, and stalking are criminal acts which also may subject the perpetrator to criminal and civil penalties under federal and state laws.
The Title IX Coordinator will determine whether interim interventions and protective measures should be implemented, and, if so, take steps to implement those protective measures as soon as possible. Examples of interim protective measures include, but are not limited to: an order of no contact, residence hall relocation, adjustment of course schedules, a leave of absence, or reassignment to a different supervisor or position. These remedies may be applied to one, both, or multiple parties involved. Violations of the Title IX Coordinator’s directives and/or protective measures will constitute related violations that may lead to disciplinary action. Protective measures imposed may be temporary pending the results of an investigation or may become permanent as determined by [INSERT NAME] College.
In accordance to the Campus Sex Crimes Prevention Act of 2000, which amends the Jacob Wetterling Crimes Against Children and Sexually Violent Offender Registration Act, the Jeanne Clery Act and the Family Educational Rights and Privacy Act of 1974, the College is providing a link to the Colorado State Sex Offender Registry. All sex offenders are required to register in the state of Colorado and to provide notice of each institution of higher education in Colorado at which the person is employed, carries a vocation or is a student.
In Colorado, convicted sex offenders must register with the Colorado Bureau of Investigation (CBI). View the Colorado sex offender website. [IF APPLICABLE-You can also access this information, through the CAMPUS PUBLIC SAFETY WEBSITE LINK].
An institution, or an officer, employee, student or agent of an institution, may not retaliate, intimidate, threaten, coerce, or otherwise discriminate against any individual for exercising their rights or responsibilities under any provision in this policy.