Protected Class Nondiscrimination

When the university receives a report of prohibited conduct against an individual, whether the conduct occurred on or off campus, the campus shall provide the individual with notification of the following, as applicable:

1. Reporting rights and options, including:
   1. to whom and how to report an alleged offense, including campus authorities and local law enforcement authorities;
   2. to be assisted by campus authorities in making a report; and
   3. to decline to notify such authorities.
2. The importance of preserving evidence that may assist in proving a criminal offense occurred or may be helpful in obtaining a protective order;
3. The method by which a person can seek No-Contact Orders, orders of protection, restraining orders, or similar lawful orders issued by a court or other competent authority;
4. Counseling, health, mental health, victim advocacy, legal assistance, visa and immigration assistance, and other services available on campus or in the community; and
5. Options for, and available assistance in, changing transportation and working situations, in addition to any available academic and residential accommodations. This notification shall be made and accommodations afforded if they are reasonably available, regardless of whether the person who reported experiencing prohibited conduct chooses to participate in any campus investigation or disciplinary proceeding or to report the crime, if any, to law enforcement.

Reporting Options and Assistance for each campus:

CU Boulder
CU Denver | Anschutz
CU System Administration
UCCS

1. Confidential Employees/Independent Notification Obligations:  The university supports the use of confidential resources for all parties. Employees who are confidential resources are not Responsible Employees who are required to report allegations of prohibited conduct under this Policy. A confidential employee must explain to an individual alleging prohibited conduct (1) their status as a confidential employee for purposes of this Policy and that they are not responsible employees who report to the Equity Office; (2) how an individual may contact the Equity Office and make a complaint under this Policy; and (3) that the Equity Office may be able to offer and coordinate supportive measures, as well as initiate an informal or formal resolution process. 
   
   A person who is a confidential resource under this Policy may have an independent obligation to report some forms of criminal conduct to law enforcement officials.
2. Confidential Resources: The links below provide information on how to contact the university’s confidential employees.
    

CU Boulder
CU Denver | Anschutz
CU System Administration 
UCCS

Communications of prohibited conduct to a Responsible Employee are not confidential, and these employees must report prohibited conduct to the Equity Office when it is disclosed to them.

3. Privacy and Information Disclosure: The university will not disclose the identity of any individual involved in a complaint of prohibited conduct (parties or witnesses for example) except as may be permitted by prior written consent, required by law, or to carry out an informal or formal resolution or judicial proceeding related to this Policy. This may require sharing information, including identification information, between internal university offices.
    

4. Requests Not to Proceed and Overriding Factors:  If an individual has allegedly been subjected to prohibited conduct, but wishes to maintain privacy or requests that no resolution process be pursued nor disciplinary action taken, the Equity Office will explain that the university prohibits retaliation and explain the steps the campus will take to prevent retaliation if the individual participates in a resolution process, and that the campus will take responsive action if it occurs. 
   
   If, having been informed of the campus’s prohibition of retaliation and its obligations to prevent and respond to retaliation, the individual allegedly subjected to prohibited conduct would still like to maintain privacy or requests that no investigation be conducted nor disciplinary action taken, the Equity Office will weigh that request against the university’s obligation to provide a safe, non-discriminatory environment for all students, faculty, and staff. In making that determination, the Equity Office will consider a range of potentially overriding factors that would cause the campus to commence an investigation or take disciplinary action after an investigation of prohibited conduct occurred.
    
5. Findings of a Policy Violation:  The university recognizes that third parties (either employers and/or institutions receiving transferring students) may have a legitimate interest in knowing whether a university employee or student has been found responsible for engaging in prohibited conduct. In the event that, after a grievance process and any rights of appeal have been completed, an employee or student has been found responsible for engaging in prohibited conduct, the university may confirm upon inquiry from a potential employer, or licensing or credentialing agency or institution, that the employee or student has been found responsible for violation of this Policy subject to applicable state and federal laws (e.g., Family Educational Rights and Privacy Act) regarding such disclosures. The university may also confirm upon inquiry that an investigation under this Policy is pending against an employee or student or that an employee or student resigned employment or withdrew while an investigation under this Policy was pending, again subject to applicable state and federal laws.

1. Purpose of Reporting: The university provides mechanisms for members of the university community to report allegations of prohibited conduct. Reporting allows the university to pursue resolution processes when appropriate, and to inform those who have been involved of support services and to facilitate access to those services. Reporting also allows the university to identify institutional risks, increase the effectiveness of its training programs, and identify the need for additional services that will protect the university community from harm. Reporting allegations of prohibited conduct is fundamental to the university’s ability to provide campus environments that allows equal access to educational and employment opportunities.
    
2. Responsible Employees Must Report Prohibited Conduct to the Equity Office: Responsible Employees are defined as any employee who: (1) has the authority to hire, promote, discipline, evaluate, grade, formally advise or direct faculty, staff, or students; (2) has the authority to take action to redress prohibited conduct; and/or (3) has been given the duty of reporting incidents of prohibited conduct by the Equity Office. The Equity Office may designate in campus procedures that certain individuals who might otherwise not be considered Responsible Employees are subject to mandatory reporting requirements. Responsible Employees must promptly report allegations of prohibited conduct as defined by the Policy to the Equity Office. A “Failure to Report” as defined by section II.C.2 is considered Prohibited Conduct.
   1. Any Responsible Employee who witnesses or receives a written or oral report alleging that a member of the university community has been subjected to or has committed an act of prohibited conduct must promptly report the allegations to the Equity Office. Members of the university community include students, faculty, staff, contractors, patients, visitors to campus, volunteers, regents and employees of affiliated entities. Because the university may have the ability to address or prevent future prohibited conduct the obligation to report exists independently of whether the individual who was subjected to or accused of prohibited conduct is currently enrolled or employed at the university.
   2. The Responsible Employee is required to promptly report to the Equity Office, all known details about the alleged prohibited conduct including:
      1. Name(s) of the person allegedly subjected to prohibited conduct;
      2. Name(s) of the person allegedly accused of prohibited conduct;
      3. Name(s) of any alleged witnesses; and
      4. Any other relevant facts, including the date, time, and specific location(s) of the alleged incident.
         
         If the Responsible Employee is unable to provide this information at the time of making an initial report, but later becomes aware of additional information, the Responsible Employee must supplement the prior report.
         ​
         Responsible Employees employed by university law enforcement are required to report pursuant to this section unless the information is otherwise excluded by state or federal law (e.g., information related to juveniles).
          
   3. In many instances, it may not be immediately apparent whether a person is a member of the university community, whether the alleged prohibited conduct occurred on university property, or whether the alleged prohibited conduct occurred in the course of an education program or activity of the university. Rather than conduct their own inquiries to determine whether these conditions exist, Responsible Employees should report potential prohibited conduct to the Equity Office to allow a preliminary inquiry to occur.
        
   4. Responsible Employees are not required to report information disclosed during an individual’s participation as a subject in an Institutional Review Board-approved human subjects research protocol. Institutional Review Boards (IRB) may, in appropriate cases, require researchers to provide reporting information to all subjects of IRB Research.
       
   5. Responsible Employees who receive information related to prohibited conduct in the course of serving in the capacity as ombuds, as designated by the university, are not required to report to the Equity Office. Otherwise, as a confidential employee, in the capacity as an ombuds, an employee must explain to an individual alleging prohibited conduct: (1) their status as a confidential employee for purposes of this Policy and that they are not Responsible Employees who report to the Equity Office; (2) how an individual may contact the Equity Office and make a complaint under this Policy; and (3) that the Equity Office may be able to offer and coordinate supportive measures, as well as initiate an informal or formal resolution process. These Responsible Employees must report alleged prohibited conduct disclosed to them when they are not serving in their capacity as ombuds.
       
   6. Responsible Employees who receive information related to an allegation of prohibited conduct in the course of providing professional services within a privileged relationship, such as healthcare providers or counselors, are not required to report to the Equity Office. As confidential employees, these employees must explain to an individual alleging prohibited conduct (1) their status as a confidential employee for purposes of this Policy and that they are not Responsible Employees who report to the Equity Office; (2) how an individual may contact the Equity Office and make a complaint under this Policy; and (3) that the Equity Office may be able to offer and coordinate supportive measures, as well as initiate an informal or formal resolution process.  These Responsible Employees must report allegations of prohibited conduct disclosed to them when they are not providing professional services within a privileged relationship. These Responsible Employees may also have independent professional obligations to report some forms of criminal conduct to law enforcement officials. 
       
   7. A Responsible Employee does not satisfy the reporting obligation by reporting allegations of prohibited conduct to a supervisor or university personnel other than the Equity Office.
       
   8. Responsible Employees are not required to report allegations of prohibited conduct to which they have been personally subjected to the Equity Office but are nonetheless encouraged to report.
3. Other Employees: All employees who are not confidential employees (see section III.B.1) or Responsible Employees (see section III.C.2) must provide the following information to any person who discloses to them information about prohibited conduct: (1) the contact information of the Equity Office; and (2) information about how to make a complaint of prohibited conduct. When a person discloses a pregnancy or related condition to an employee, that employee must provide that person with the Title IX Coordinator’s contact information and inform the person that the Title IX Coordinator can coordinate specific actions to ensure that person’s equal access to the university’s education programs or activities.
   
   Contact information for the Title IX Coordinator/Equity Offices and how to make a complaint for each campus are listed below:
        Campus Title IX Coordinators
        CU Boulder
        CU Denver | Anschutz
        CU System Administration
   
    
4. Employees who are designated Campus Security Authorities (CSAs) have additional obligations under the Clery Act to report certain criminal offenses under the law that occur on university property for statistical purposes. See the links below for Clery resource and information.
   
        CU Boulder
        CU Denver | Anschutz
        UCCS

The Equity Office is responsible for overseeing complaints of prohibited conduct pursuant to this Policy and for identifying and addressing any patterns or systemic problems that arise during review of those complaints.

For all matters within the scope of this Policy, at a minimum, the Equity Office shall be specifically responsible and have delegated authority from the chancellor or president for implementing this Policy. Subject to the Equity Office’s ultimate responsibility and authority, the Equity Office may further delegate responsibility and authority for the following functions:

1. Providing notice of resolution procedures to parties and ensuring that complaints of prohibited conduct are handled appropriately and in a timely manner;
2. Initiating and overseeing adequate, reliable, and impartial resolutions of complaints of prohibited conduct as appropriate and requested by the parties as applicable and ensuring that parties are treated equitably;
3. Evaluating any request for privacy by a person allegedly subjected to prohibited conduct pursuant to section III.B.4 (override provision); 
4. Evaluating whether a complaint should be dismissed on jurisdictional bases pursuant to section IV.B;
5. Referring matters for further action or discipline for inappropriate or unprofessional conduct under other applicable policies or procedures even if a prohibited conduct violation is not found. No provision of this Policy shall be construed as a limitation upon the authority of the disciplinary authority, under applicable policies and procedures, to initiate disciplinary action;
6. Offering and coordinating supportive measures for all parties either before or during the resolution process as applicable;
7. Ensuring broad publication of the campus complaint process and procedures, including posting the process and procedures on an appropriate campus website;
8. Creating an annual report documenting:  (1) the number of reports or complaints of alleged violations of this Policy; (2) the categories (e.g., students, faculty, and staff) of parties involves; (3) the number of Policy violations found; (4) the number of appeals taken and the outcomes of those appeals; and (5) examples of sanctions imposed for Policy violations;
9. Reviewing and confirming that the relevant policy statements of the campus Annual Security Report pursuant to the Clery Act are consistent with this Policy and campus complaint process and procedures;
10. Ensuring there is ongoing training and education regarding reporting and preventing prohibited conduct for all students, faculty, and staff;
11. Coordinating actions to prevent discrimination and ensure equal access for pregnant students, faculty and staff.
12. Ensuring that investigators and all decision-makers are thoroughly trained;
13. Maintaining records and related documentation of compliance with this Policy including, but not limited to, retaining copies of any training documentation, tracking student and employee training participation, documenting each step of the campus complaint process and procedures, including supportive measures and resolutions; and
14. Ensuring broad dissemination of the statement that the university shall not discriminate on the basis of sex in employment or in its education programs and activities.

1. This Policy applies to all members of the university community, including students, faculty, staff, contractors, patients, volunteers, affiliated entities, regents, and other third parties. Subject to any rights of appeal, any person found responsible for engaging in prohibited conduct as defined in this Policy may be subject to disciplinary action, up to and including expulsion or termination of employment. The university will consider what potential actions should be taken, including contract termination or property exclusion, regarding third-party conduct alleged to have violated this Policy, but those options may be limited depending on the circumstances of the affiliation.
    
2. This Policy applies to conduct that occurs on campus. This Policy also applies to off-campus conduct, including online or electronic conduct, in the following circumstances: 
   1. If the person accused of prohibited conduct is affiliated with the university;
   2. If the conduct occurred in the context of an employment or education program or activity of the university; or
   3. In all other cases not falling under (a) or (b), the Equity Office will consider the degree of the university’s control over the persons(s) accused of prohibited conduct, the relationship between the parties, the affiliation of the person allegedly subjected to prohibited conduct, and assess the surrounding circumstances of the alleged conduct for the presence of the following factors:
      1. Targets or causes harm to an individual connected with the university;
      2. Threatens violence against the person(s) allegedly subjected to prohibited conduct or others and there is reasonable fear that such further conduct could target or cause harm to someone connected with the university;
      3. Is of a violent nature or was frequent or severe;
      4. Prior or current similar complaints about the person(s) accused of prohibited conduct or the person(s) has a known history or record from a prior school indicating a history of violence;
      5. Use of, or threat to use, a weapon, access to or attempts to access weapons, or a history of bringing weapons to the university;
      6. Multiple persons allegedly subjected to prohibited conduct or persons accused of prohibited conduct.
      7. The person allegedly subjected to prohibited conduct is a minor;          
      8. Whether the alleged prohibited conduct reveals a pattern of perpetration at a given location or by a particular group; and/or
      9. Any other signs of predatory behavior.
          

If the Equity Office determines that at least one of the above factors is present, then the Equity Office may exercise jurisdiction for off-campus conduct that does not fall under (a) or (b) above.

The Equity Office is solely authorized to determine whether this Policy applies to alleged prohibited conduct and whether the university has jurisdiction to take any action pursuant to this Policy.