The university may receive reports of interpersonal violence from a variety of sources including:
- Victims and witnesses
- Campus security authorities
- Responsible employees
- Other law enforcement agencies
- University offices such as the Office of Support & Safety Assessment
- Members of the community who are not campus security authorities but who learn of an incident and choose to report it
A report of interpersonal violence can be made online (https://cm.maxient.com/reportingform.php?ColoradoStateUniv&layout_id=17), via email at firstname.lastname@example.org, by phone at 970-491-1715, and in person at the Office of Title IX Programs and Gender Equity 123 Student Services Building Colorado State University Fort Collins, CO, 80523.
For complaints against an employee for sexual harassment, sexual assault, domestic violence, dating violence, or stalking, complainants may also contact the Office of Equal Opportunity by phone at 970‐491‐5836, via email at email@example.com or in person at Room 101 in the Student Services Building.
In all cases, whether involving a disciplinary process for students or employees, the university will provide a prompt, equitable, fair and impartial process from the initial investigation to the final result.
Information About Disciplinary Proceedings for Students Under the Title IX Policy
In the case of a report of sexual assault, domestic violence, dating violence, or stalking that occurs on campus or as part of CSU education programs and activities, proceedings are governed under the CSU policy on Title IX Sexual Harassment (http://policylibrary.colostate.edu/policy.aspx?id=773) and the related procedures for investigating and responding to complaints of sexual harassment under Title IX Laws and Regulations (https://titleix.colostate.edu/procedures/).
The main steps in the disciplinary process for students when handled by the Title IX office and anticipated timelines for each include:
- Report Office of Title IX Programs and Gender Equity is responsible for receiving and reviewing reports of interpersonal violence.
- Preliminary Office of Title IX Programs and Gender Equity is the responsible decisionmaker and determines if the reported behaviors may constitute a policy violation. The approximate timeline for this step is 30 days.
- Investigation and issuance of investigation report is the responsibility of Office of Title IX Programs and Gender Equity. This step may take approximately 90 days.
- Informal resolution, where applicable involving student responding Student Resolution Center is the responsible office for assisting in informal resolution (defined below) within approximately 60 days.
- All parties (complainant and respondent) are given 10 business days of time to review and respond to investigation report.
- Formal hearing or issuance of findings is the responsibility of a hearing This process may take up to 45 days.
- The complainant and respondent are provided 10 business days to file
- If an appeal is filed, an appeal panel has 21 days to consider the appeal and decide.
The informal resolution process is voluntary. It is designed to resolve complaints without a hearing while meeting the needs and interests of the parties. It is available only after a formal complaint has been filed and at any time during the investigation. All parties and the Title IX Coordinator or designee must agree in writing to participate for an informal resolution procedure to be used, and all parties must agree in writing to the proposed resolution. If the parties are unable to agree, or if any party chooses not to engage in or to withdraw from the informal resolution procedure before it concludes, then the informal resolution procedure will terminate, and formal grievance procedures will be followed.
Pursuing an informal resolution does not preclude later use of a formal investigation if new information becomes available or if the informal resolution does not achieve its intended purpose. The Title IX Coordinator or designee may initiate an investigation at any time that the Title IX Coordinator deems it appropriate, solely at the discretion of the Title IX Coordinator.
Extensions of time are granted in circumstances where there is good cause. Every situation is different and many factors can affect the timeline.
Procedures for institutional disciplinary action in cases of alleged dating violence, domestic violence, sexual assault, or stalking when governed under the Title IX Sexual Harassment policy include the following:
- A signed written, formal complaint submitted by impacted party outlining allegations requesting a formal investigation into the allegations.
- Complaint is reviewed by the Title IX Coordinator who issues a determination to open investigation or dismiss complaint.
- The need for accommodations or protective measures is assessed and these measures are issued if needed.
- A notice of investigation is issued simultaneously to both impacted party and responding party.
- Both impacted party (the complainant or victim) and responding party (the accused) are entitled to updates throughout the investigation.
- Both parties are afforded the same rights during the investigation, adjudication and appeal stages of the proceedings.
If disciplinary proceedings are appropriate, written notice will be provided to both parties and a hearing will be scheduled.
A hearing officer will conduct a live hearing. The parties will have the opportunity to cross examine each other and witnesses. At no time may parties conduct cross examination. All cross examination will be conducted by party’s advisor.
Determinations are made by the hearing officer using the preponderance of the evidence standard, which means that a responding party is found responsible for violating the policy if it is more likely than not that the alleged misconduct occurred. This standard of evidence is used for all interpersonal violence allegations.
In all proceedings, including any related meetings or hearings, both the impacted party and responding party are entitled to the same opportunities to have others present at the hearing. This includes the right to be accompanied by a support person of their choice as well as an advisor. A support person is any individual who provides the party support, guidance or advice and may, but need not be, an attorney. An advisor is someone who during a live hearing will conduct cross‐examination of the other parties and witnesses; the party cannot personally conduct cross‐examination of the other party. If during the hearing a party does not have an advisor present the university will appoint one to conduct cross examination on their behalf.
Both parties are informed simultaneously in writing of the outcome of the proceeding and the procedure and timeframe in which to file an appeal of the outcome, of any change to the results that occurs because of the appeal, and when such results become final
Responding parties found responsible for interpersonal violence face university disciplinary action. Remedies will be issued to the impacted party.
All investigations and proceedings are conducted by officials who receive annual training on interpersonal violence investigation and adjudication, how to investigate fairly and impartially, and how to conduct a proceeding in a manner that protects the safety of the parties and promotes accountability.
Full text of procedures, policies, and definitions can be found at this Title IX website (https://titleix.colostate.edu/procedures/).
Information About Disciplinary Proceedings for Students Under the Student Conduct Code
The student conduct process begins when Student Conduct Services receives a written report of an incident. These reports include but are not limited to police reports, investigation reports from the Office of Title IX Programs and Gender Equity, or incident reports from faculty, staff, or students. A Hearing Officer will review the information available to decide next steps. If a Hearing Officer reviews a report and determines that alleged behaviors do not violate the Code, no action will be taken. If, however, it appears the student may have engaged in prohibited conduct as identified in the Code, a Hearing Officer may assign charges and schedule a hearing or pursue an alternative resolution process.
If a hearing is necessary, it is facilitated by a Hearing Officer authorized by the Director of the Student Resolution Center. The purpose of the student conduct hearing is to discuss alleged violations of the Code. As part of this process, students will be asked to share their perspective related to the alleged violations and discuss personal responsibility as well as community impact. Those charged with engaging in prohibited conduct will have the opportunity to receive a fair hearing. The formal rules of process, procedure and evidence used by the criminal justice system do not apply to the student conduct process.
The standard of proof for Code violations is a preponderance of the evidence standard. The evidence must demonstrate that it is more likely than not that the violation occurred.
Parties involved in the hearing may bring a support person/advisor to the hearing, at their own expense. The support person/advisor may be an attorney. The support person/advisor may not speak on directly on the student’s behalf. The support person/advisor may not serve in a dual role as a witness in the hearing. In cases involving alleged violence (including domestic violence and dating violence), sexual misconduct, or stalking a support person/advisor may not be another student except for extraordinary circumstances and approved by a Hearing Officer.
The parties may bring or request relevant witnesses. A request for witnesses must be made at least one (1) business day prior to a scheduled hearing. Witnesses may be present only when they are giving information. Witnesses may not serve in the dual role as a support person. The Hearing Officer has the discretion to ensure questions are relevant to the case.
Student Conduct Services is committed to providing necessary accommodations to ensure a fair and safe process for participants. Accommodations will take into consideration disabilities, personal safety and language differences.
The Hearing Officer makes a decision and determines the finding of responsibility for each charge based on the preponderance of information standard. If found responsible for engaging in prohibited conduct as outlined in the Student Conduct Code, the Hearing Officer will determine appropriate sanctions based on the incident’s severity, impact on others, and the Responding Party’s student conduct record. A Hearing Officer has ten (10) business days from the date of the hearing to provide a decision to a Responding Party. The number of days may be extended at the discretion of the Hearing Officer, who will notify all parties of any delay. The hearing outcome will include the findings of responsibility, rationale for the findings, sanctions (if applicable), and information on the appeal process.
An appeal must be submitted online within ten (10) business days after the Hearing Officer’s decision is sent to the involved parties. A Hearing Officer’s decision is considered final if an appeal is not submitted within the specified time. Appeals submitted by another party on a student’s behalf will only be accepted when a student acknowledges and affirms that the appeal represents their position. Once an appeal is submitted it is reviewed by the Chair of the Appeal Committee. While an appeal is pending, the Responding Party must comply with all sanctions and restrictions from the Hearing Officer’s decision, unless otherwise specified by the Hearing Officer. An appeal is limited to a review of the record of the hearing and supporting information that was evaluated in the decision making process. New information will only be considered if the Chair determines that the information was not available at the time of the hearing.
Information About Disciplinary Proceedings Involving Employees
Investigation of interpersonal violence incidents are coordinated between the Title IX office and the Office of Equal Opportunity (OEO). Incidents that occur on campus or as part of University education programs and activities are addressed under the Title IX policy, as set forth above. Incidents that are not subject to Title IX are reviewed under CSU’s Discrimination and Harassment policy and Sexual Harassment Complaint Procedures.
All proceedings involving employees will:
- Include a prompt, fair, and impartial process from the initial investigation to the final
- Be conducted by officials who, at a minimum, receive annual training on the issues related to dating violence, domestic violence, sexual assault, and stalking and on how to investigate and hearing process that protects the safety of victims and promotes accountability.
- Provide the accuser and the accused with the same opportunities to have others present during any institutional disciplinary proceeding, including the opportunity to be accompanied to any related meeting or proceeding by the advisor of their choice.
- Not limit the choice of advisor or presence for either the accuser or the accused in any meeting or institutional disciplinary proceeding; however, the institution may establish restrictions regarding the extent to which the advisor may participate in the proceedings, as long as the restrictions apply equally to both parties.
- Provide for simultaneous notification, in writing, to both the accuser and the accused, of:
- The result of any institutional disciplinary proceeding that arises from an allegation of dating violence, domestic violence, sexual assault, or stalking.
- The institution’s procedures for the accused and the victim to appeal the result of the institutional disciplinary proceeding, if such procedures are available.
- Any change to the
- When results become
- Options for appeal.
Tenured faculty members found responsible for policy violation may be entitled to additional due process pursuant to Section E.15 of the Faculty Manual (https://facultycouncil.colostate.edu/faculty-manual-section-e/#E.15). If a tenured faculty member does not accept disciplinary action in response to a finding of responsibility for a policy violation, the matter may proceed to formal hearing, which includes notice of the alleged violation; a discussion to determine if an agreement may be reached on appropriate discipline (within 3 days of notice); if no agreement is reached, the faculty member may provide a written response to the allegations (within 10 days of notice); a hearing committee will be convened and a hearing will be conducted; following the hearing, if 2/3 of the committee believe disciplinary action is appropriate, the committee will make a recommendation for disciplinary action; the applicable academic supervisor will review the recommendations and make a recommendation to the appliable Dean of the College; and the Dean will make a recommendation for disciplinary action to the Provost; the Provost will then make a recommendation to the President for final disciplinary action.
Discipline of state classified employees is governed by the State Personnel Board Rules. Prior to imposing discipline, the appointing authority for the University must meet with the employee to present information about the reason for potential discipline, disclose the source of that information unless prohibited by law, and give the employee an opportunity to respond. The purpose of the meeting is to exchange information before making a final decision. The appointing authority and employee are each allowed one representative of their choice. Statements during the meeting are not privileged. The employee will be allowed up to 5 business days after the meeting to provide the appointing authority any additional information relating to issues discussed at the meeting. The appointing authority must provide written notice of the meeting at least 3 business days prior to the meeting. The written notice must contain the date, time, and location of the meeting; the purpose of the meeting; general information about the underlying reasons for scheduling the meeting; the employee’s right to present information at the meeting; and the right to have a representative of choice accompany the employee to the meeting. If reasonable attempts to hold the meeting fail, the appointing authority may send written notice advising the employee of the possibility of discipline and stating the alleged reasons. The employee has 10 days from receipt of the notice to respond in writing. After the meeting and/or review of any information submitted by the employee, discipline may be imposed.
Disciplinary Sanctions for Students
For a student found responsible for violating the Student Conduct Code, disciplinary sanctions may be imposed pursuant to the Student Conduct Code, up to and including expulsion from CSU.
Disciplinary sanctions include:
- Disciplinary standings
- Disciplinary probation
- Loss of good standing
- Disciplinary suspension
- Deferred disciplinary suspension
- Disciplinary expulsion
- Loss of student organization recognition
- Discretionary sanctions
- Alcohol and drug education, intervention, or treatment
- A continuum of conflict resolution processes
- Withholding or revocation of a degree
- Educational sanctions
- Restorative sanctions
- Temporary or permanent University housing modification including removal from University housing
- Interpersonal violence evaluation/treatment
- Parent/guardian notification (student under the age of 21)
- Compliance with court-ordered sanctions
Disciplinary Sanctions for Employees
For an employee found responsible for violating a university policy, disciplinary sanctions may be imposed pursuant to applicable policies and procedures, up to and including termination from university employment. Any disciplinary action for a tenured faculty member must follow the procedures outlined in Section E.15, Disciplinary Action for Tenured Faculty, of the Faculty and Administrative Professional Manual.
Disciplinary sanctions include:
- Verbal reprimand, documented conversation
- Pay reduction
- Suspension without pay
- Facilitation or mediation
- Change in job responsibilities
- Letter of expectation
- Loss of tenure, if applicable
For state classified employees, may include a corrective action, which is intended to correct and improve performance or behavior and does not affect current base pay, status, or tenure. Additional disciplinary actions may include, but are not limited to: an adjustment of base pay to a lower rate in the pay grade; base pay below the grade minimum for a specified period not to exceed 12 months; prohibitions of promotions or transfers for a specified period of time; demotion; dismissal; and suspension without pay.