Sexual harassment is defined under federal Title IX regulations as conduct on the basis of sex that constitutes one or more of the following:

• An employee of the University conditioning the provision of an aid, benefit, or service of the University on an individual’s participation in unwelcome sexual conduct.
• Unwelcome conduct determined by a reasonable person to be so severe, pervasive, and objectively offensive that it effectively denies a person equal access to the University’s education program or activity. Depending upon the behaviors, examples of such conduct may include, but are not limited to:
  • Gender-based bullying, including towards trans and non-binary people
  • Direct propositions of a sexual nature
  • Pressure for sexual activity
  • A pattern of conduct that includes one or more of the following:
    • Unwelcome and unnecessary touching, patting, hugging, or brushing against a person’s body.
    • Remarks of a sexual nature about a person’s clothing or body, whether or not intended to be complimentary.
    • Remarks about sexual activity or speculations about previous sexual experience.
    • Other comments of a sexual nature, including sexually explicit statements, questions, jokes or anecdotes.
    • Written or digital communications such as emails, texts, live or streaming audio r video, social media posts, etc. containing sexual comments, words or images.
  • Visual displays of sexually oriented images outside the educational context.
• Sexual assault, dating violence, domestic violence, or stalking as defined in laws and regulations and set forth below.

Sexual assault as defined by the Clery Act is an offense that meets the definition of rape, fondling, incest, or statutory rape as used in the FBI’s Uniform Crime Reporting program. Per the National Incident-Based Reporting System User Manual from the FBI Uniform Crime Reporting program, a sex offense is “any sexual act directed against another person, without consent of the victim, including instances where the victim is incapable of giving consent.”

• Rape is the penetration, no matter how slight, of the vagina or anus, with any body part or object, or oral penetration by a sex organ of another person, without the consent of the victim.
• Fondling is the touching of the private body parts of another person for the purpose of sexual gratification, without the consent of the victim, including instances where the victim is incapable of giving consent because of his/her age or because of his/her temporary or permanent mental incapacity.
• Incest is sexual intercourse between persons who are related to each other within the degrees wherein marriage is prohibited by law.
• Statutory rape is sexual intercourse with a person who is under the statutory age of consent as determined by the law of the jurisdiction where the event takes place.

Sexual assault is also defined in Colorado by statute C.R.S. § 18-3-402 as follows: 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.

 Domestic violence as defined in the Clery Act includes felony or misdemeanor crimes of violence committed by someone who is a:

• Current or former spouse or partner of the victim.
• Person with whom the victim shares a child in common.
• Person who is cohabitating with or has cohabitated with the victim as a spouse or partner.
• Person similarly situated to a spouse of the victim under the domestic or family violence laws of Colorado.
• Or any other person against an adult or youth victim who is protected from that person’s acts under the domestic or family violence laws of the jurisdiction.

In Colorado, the criminal law definition of domestic violence is found in C.R.S. § 18-6-800.3, as follows:

• Domestic violence means 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.
• Intimate relationship means a relationship between spouses, former spouses, past or present unmarried couples, or persons who are both the parents of the same child regardless of whether the persons have been married or have lived together at any time.

It is notable that Colorado law requires a mandatory arrest in certain circumstances. Where an officer has probable cause to believe that an individual has violated a valid restraining order, or where an officer has probable cause to believe that a crime of domestic violence has been committed an arrest is mandated; officers have no discretion. Often, police receive calls from the victims, from friends, or from concerned neighbors who hear the noise of an argument or fight.

Dating violence as defined by the Clery Act 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 based on the reporting party’s statement and with consideration of:

• Length of the relationship
• Type of relationship
• Frequency of interaction between the people involved in the relationship

Colorado does not define the term dating violence in its statutes. However, the definition above for domestic violence is broad enough to encompass interpersonal violence between persons in an intimate relationship.

Stalking as defined by the Clery Act means engaging in a course of conduct directed at a specific person that would cause a reasonable person to fear for a person’s safety or the safety of others or suffer substantial emotional distress.

• Course of conduct means two or more acts, including but not limited to, acts which the stalker directly, indirectly, or through third parties, by any action, method, device, or means follows, monitors, observes, surveils, threatens, or communicates to or about, a person, or interferes with a person’s property.
• Reasonable person means a reasonable person under similar circumstances and with similar identities to the victim.
• Substantial emotional distress means significant mental suffering or anguish that may, but does not necessarily, require medical or other professional treatment or counseling.

Stalking is a crime in Colorado and is on the rise in many academic settings. Colorado law (C.R.S. §18‐3‐602) defines stalking as follows:

A person commits stalking if directly, or indirectly through another person, the person knowingly commits one or more of these acts:

• 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.
• 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.
• 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, a victim need not show that he or she received professional treatment or counseling to show that he or she suffered serious emotional distress.

If you believe you are being stalked, let someone know. Document all activities related to the person who you believe may be stalking you and report the incident to the police. Don’t discount the situation and ignore red flags. Trust your judgment. If a situation doesn’t feel right, ask for help.

Consent is defined under Colorado law as “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 under the provisions of this [statute]. Submission under the influence of fear shall not constitute consent.” [C.R.S. §18‐3‐401(1.5)].

It is the responsibility of every individual to ensure they have the consent of others to engage in sexual activity. Communication regarding consent consists of mutually understandable words or actions that indicate an unambiguous willingness to engage in specific sexual activity at the same time, in the same way. In the absence of clear communication or outward demonstration, there is no consent. Lack of protest, lack of resistance, or silence do not alone constitute consent.

Consent must be all of the following:

• Knowing: All individuals understand, are aware of, and agree as to the “who” (same partners), “what” (same acts), “where” (same location), “when” (same time), and “how” (the same way and under the same conditions) of the sexual activity.
• Active: Consent must take the form of “clearly understandable words or actions” that reveal one’s expectations and agreement to engage in specific sexual activity. This means that silence, passivity, submission, or the lack of verbal or physical resistance (including the lack of a “no”) should not – in and of themselves – be understood as consent. Consent cannot be inferred by an individual’s manner of dress, the giving or acceptance of gifts, the extension or acceptance of an invitation to go to a private room or location, or on a date.
• Voluntary: Consent must be freely given and cannot be the result of respondent’s intimidation (extortion, menacing behavior, bullying), coercion (severe or persistent pressure causing fear of significant consequences from respondent if one does not engage in sexual activity), force (violence, physical restraint, or the presence of a weapon), threats (indications of intent to harm, whether direct or indirect), or fraud (misrepresentation or material omission about oneself or the present situation in order to gain permission for sexual or intimate activity).
• Present and ongoing: Consent must exist at the time of the sexual activity. Consent to previous sexual activity does not imply consent to later sexual acts; similarly, consent to one type of sexual activity does not imply consent to other sexual acts. Consent to engage in sexual activity with one person does not constitute consent to engage in sexual activity with another person.

Consent may also be withdrawn at any time, for any reason, provided the person withdrawing consent makes that known in clearly understandable words or actions. Even if a person agreed to a sexual interaction or continued sexual interaction, that person has the right to change their mind, at any time, irrespective of how much sexual interaction may have already taken place.

Consent to any one form of sexual activity does not imply consent to any other forms of sexual activity. The existence of a dating relationship or past sexual relations between the individuals involved is not conclusive evidence of consent in another instance (nor will subsequent sexual relations or dating relationship alone suffice as evidence of previous consent).

Reporting Interpersonal Violence

Victims are not required to report to law enforcement to receive assistance. However, reporting enables the university to act to prevent a recurrence and protect both the victim and the university community. Anyone who may be the victim of sexual harassment, sexual misconduct, relationship violence, or stalking, or who is a bystander observing such behavior, is encouraged to report it.

Procedures Victims Should Follow

When an incident of sexual assault, domestic violence, dating violence, or stalking is reported, victims are informed in writing that it is important to preserve evidence so that a successful criminal prosecution remains an option. This also aids in any action to obtain a protective order. The victim of a sexual assault should not wash, douche, use the toilet, or change clothing prior to a medical exam – which is important both to address any health issues that may arise and so that evidence may be collected. Any clothing removed should be placed in a paper, not plastic, bag.

When an incident of interpersonal violence occurs, consider taking one or all of the following steps.

Report to Office of Title IX Programs

Report the to the Office of Title IX programs through the following options:
https://titleix.colostate.edu/
titleix@colostate.edu
970-491-1715

Document evidence of violence, such as bruising or other visible injuries, by taking photographs.

Save evidence of stalking including any communication, such as written notes, text messages, emails, voice mail or other communications. Do not alter these messages by forwarding them or changing them in any way.

Additional reporting options

Victims of sexual assault, domestic violence, dating violence, or stalking who engage with the Office of Title IX Programs and Gender Equity are informed, in writing, that they have several options available to them for involving law enforcement and university authorities.

Additional options and how to complete them are as follows:

Report the incident to the police:

• The victim or bystander may make a report to the CSU Police Department whenever a person has been impacted by one of these crimes. In an emergency or when threat of harm is imminent, immediately call 911. In non-emergencies, contact CSU police at 970‐491‐6425, or file a report online at police.colostate.edu/report-crime/. You may also go in person to the CSU Police Department in Green Hall.
• For crimes occurring off‐campus, contact law enforcement for the local jurisdiction. Fort Collins Police Services may be reached at 970‐221‐6540. When a police report is made, the police will interview the person making the report, the victims, any witnesses, and the person or people alleged to have committed a crime.

Receive assistance in reporting the incident to the police:

• For help in making a report to law enforcement, contact the Office of Title IX Programs and Gender Equity by calling 970‐491‐1715. They will explain the steps required and what is involved, and will contact the appropriate law enforcement agency on your behalf to help you make the report.
• Assistance may also be obtained by contacting the Women and Gender Advocacy Center at 970‐492‐4242.

Decline to contact law enforcement, but still get help:

• A victim of a crime may decline to contact law enforcement.
• The Office of Title IX Programs and Gender Equity provides victims with written notice of their rights and options and can help obtain supportive measures such as no-contact orders. A no-contact order is issued by the University to a student or employee requiring them to stay away from the other party, while a restraining order, also known as a “civil protection order,” is a court order which protects one party by prohibiting another from certain conduct, communications, or requiring them to stay a certain distance away from the protected person’s home, school or workplace. Violation of the protection order is a criminal offense.

Victims are informed in writing that the Office of Title IX Programs and Gender Equity can issue no‐ contact orders to a student who is alleged to have committed discrimination, harassment, sexual harassment, sexual assault, interpersonal violence, stalking, or retaliation. The Office of Title IX Programs and Gender Equity can be reached at (970)491-1715 or email titleix@colostate.edu. 

No‐contact orders and other interim and supportive measures may be issued by the the Office of Title IX Programs and Gender Equity (see “Accommodations and Supportive Measures against Interpersonal Violence” in this report).

Criminal and civil courts can also issue restraining orders and other protective orders to crime victims, whether before, during, or after a criminal or civil trial (for example, by prohibiting the alleged perpetrator of the crime from having any contact with, or being within a certain distance of, the victim).

The University is not responsible for enforcing a restraining order issued by the court, however, the existence or violation of a court order may be considered by the University when determining if interim measures or disciplinary action may be warranted under University policy.

Restraining orders are obtained by petitioning the local court for the jurisdiction, and assistance with the process may be provided through Women and Gender Advocacy Center by calling 970-491-6384 or emailing WGAC@colostate.edu.

Any accommodations or supportive measures provided by the university to the victim will be maintained as confidential, to the extent that maintaining confidentiality would not impair the ability of the institution to provide such measures. Information is shared with university officials on a need-to-know basis as determined by the Office of Title IX Programs and Gender Equity.

To file a request for an accommodation or supportive measure, students should contact the Office of Title IX Programs and Gender Equity online at https://cm.maxient.com/reportingform.php?ColoradoStateUniv&layout_id=17, via email at titleix@colostate.edu, 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.

The Office of Equal Opportunity (970‐491‐5836) assists employees who have been impacted by these crimes.

Procedures the University Will Follow When a Crime of Domestic Violence, Dating Violence, Sexual Assault or Stalking is Reported

The university has procedures in place to help victims report sexual misconduct, including sexual assault, domestic violence or dating violence, or stalking. Victims are encouraged to report sexual misconduct to CSUPD or the Office of Title IX Programs and Gender Equity.

Procedures taken when a report is made include informing individuals of their right to file or choose not to file criminal charges; the availability of counseling, health, mental health, victim advocacy, legal assistance referrals, visa and immigration assistance, and other university and non-university services; and additional remedies to prevent contact between a complainant and an accused party, such as no-contact directives or housing, academic, transportation, or working accommodations, if reasonably available.

The university will make accommodations, if the victim requests them and if they are reasonably available, regardless of whether the victim chooses to report the crime to local law enforcement.

Victim Confidentiality

CSU recognizes the often‐sensitive nature of sexual assault, domestic violence, dating violence, and stalking incidents. CSU offers confidential resources and protects the privacy of any individual who makes a report to the extent possible, while also meeting any obligations related to the investigation and response to known reports to protect the victim, prevent a recurrence or protect campus safety.

Information about reports will only be shared with university personnel as needed to investigate and effectively respond to the report. Every effort will be made to limit the scope of information shared on an as-needed basis.

Reports made to medical professionals, licensed mental health counselors, and Victim Assistance Team members will not be shared with any third parties except in cases of imminent danger to the victim or a third party, or when abuse of someone currently under 18 is reported.

Advocates receive special training in the physical, psychological, and legal ramifications of sexual assault.

Advocates are bound by state statute to maintain strict confidentiality. All publicly available records, including crime statistics published in this report given by advocates to other offices at the university will keep the confidentiality of the victim and any other necessary parties, to the extent allowed by law.

Advocates will provide information about options related to crime reporting, but the final decision is up to the individual victim.

Information about Registered Sex Offenders

Information about sex offenders currently registered at the university is available at the CSU Police Department Records Section during normal business hours by calling 970-491-6425.

The Larimer County sex offender registry can be found at https://www.larimer.org/sheriff/sexoffenders#/app/agree.

The Colorado convicted sex offender search website (https://apps.colorado.gov/apps/dps/sor/) includes information regarding sexually violent predators, multiple offenders, persons who have been convicted of a felony sex offense, and those sex offenders who have failed to register.