/Institutions/Colorado-Technical-University/json/2018/Catalog-local.json

/Institutions/Colorado-Technical-University/json/2018/Catalog.json

2018 CTU Course Catalog > University Policies > Policy Against Discrimination, Harassment, and Retaliation > Investigation and Grievance Procedures

Investigation and Grievance Procedures

Colorado Technical University is committed to the prompt and equitable resolution of all alleged or suspected violations of its Anti-Discrimination and Anti-Harassment Policy about which the school knows or reasonably should know, regardless of whether a complaint alleging a violation of this policy has been filed and regardless of where the conduct at issue occurred. The School’s ability to investigate in a particular situation, or the extent of the investigation in any given situation, may be affected by any number of factors, including whether the complainant is willing to file a complaint or to consent to an investigation, the location where the alleged conduct occurred, and the School’s access to information relevant to the alleged or suspected violation of this policy. The School is nonetheless committed to investigating all alleged and suspected violations of this policy to the fullest extent possible under the circumstances.

These Investigation & Grievance Procedures apply to all suspected or alleged violations of this policy and will be used in place of any “Student Grievance Policy” that may be contained in any School catalog, handbook, or other publication or appear on the School’s web site. In addition, any sanctions or other corrective actions imposed against students shall be imposed pursuant to these Investigation & Grievance Procedures, rather than pursuant to any “Student Code of Conduct Policy” or other set of policies and procedures governing student conduct, unless the School determines in its discretion that a Student Code of Conduct or other similar policy governing student conduct should be used to resolve a particular matter. In addition, the School may, upon finding good cause, modify these Investigation & Grievance Procedures in the interests of promoting full and fair resolution of suspected or alleged violations of this policy in accordance with applicable law.

Reporting Alleged Violations of this Policy; Investigation

An individual who has a complaint against a student, faculty, staff member, or other individual involving an alleged violation of this policy should contact the appropriate official as designated below either by telephone or in writing. The School will promptly and equitably investigate and resolve all suspected or alleged violations of this policy. Although there is no specific time limit for reporting a suspected violation of this policy, an individual who believes that he or she has been subjected to conduct that violates this policy is encouraged to contact the appropriate official as soon as possible after the alleged act of discrimination, harassment, or retaliation to discuss the available options for proceeding.

Alleged violations of the ADA/Section 504 Reasonable Accommodations Policy shall be reported to the office of the Vice Provost, 231 N. Martingale Road, Schaumburg, IL 60173.

Alleged violations of the Policy Against Sex Discrimination should be reported to the Deputy Title IX Coordinator identified above. In addition to contacting the Deputy Title IX Coordinator for his or her school, a student who has experienced a sexual assault or other act of sexual violence may contact proper law enforcement authorities (e.g., by calling 911), including local police and any law enforcement officials at the school, about possibly filing a criminal complaint. The Deputy Title IX Coordinator is available to assist students in making contact with appropriate law enforcement authorities upon request. Any pending criminal investigation or criminal proceeding may have some impact on the timing of the School’s investigation, but the School will commence its own investigation as soon as is practicable under the circumstances. The School reserves the right to commence and/or complete its own investigation prior to the completion of any criminal investigation or criminal proceeding.

All other alleged violations of this policy should be reported to the Deputy Title IX Coordinator identified above.

Depending upon the nature of the alleged or suspected policy violation, the relevant official (or his or her designee) will conduct an investigation either alone or with one or more other school officials as deemed appropriate by the school. The investigation of any suspected or alleged violation of this policy will be completed within 60 days of the filing of a complaint or the date on which the school becomes aware of a suspected violation of this policy unless the school determines in its discretion that more time is required to complete the investigation. The nature and extent of the investigation will vary depending upon the circumstances, including whether the parties are amendable to pursuing an informal resolution (and the matter is eligible for informal resolution, as discussed below). As part of the investigation, the relevant official (or his or her designee) will seek to interview the complainant and the accused. To help ensure a prompt and thorough investigation, complainants are asked to provide as much information as possible:

• The name, department, and position of the person or persons allegedly causing the prohibited discrimination, harassment, or retaliation.
• A description of any relevant incident(s), including the date(s), location(s), and the presence of any witnesses.
• The alleged effect of the incident(s) on the complainant’s opportunity to benefit from the school’s programs or activities.
• The names of other individuals who might have been subject to the same or similar acts of discrimination, harassment, or retaliation.
• Although it is not required, any steps the complainant has taken to try to stop the discrimination, harassment, or retaliation.
• Any other information the complainant believes to be relevant to the alleged discrimination, harassment, or retaliation.

Any accused parties are also expected to provide as much information as possible in connection with the investigation.

The school reserves the right to suspend any member of the school community suspected or accused of violating this policy or to take any other interim measures the school deems appropriate, pending the outcome of an investigation or grievance. Such interim measures can include, but are not limited to, removing a student from campus housing, modifying course schedules, and issuing a “no contact” order. In situations involving suspected or alleged violations of the Policy Against Sex Discrimination, the School also reserves the right to take steps to protect the complainant as deemed necessary during the pendency of the investigation and resolution process (e.g., allowing for a change in academic situation, issuing a “no contact” order to the accused, etc.). Any such interim steps will be taken in a manner that minimizes the burden on the complainant to the extent possible.

Informal Resolution Process

Allegations of sexual assault or sexual violence may not be resolved using an informal resolution process (i.e., mediation). However, other alleged violations of this policy, including some allegations of sexual harassment, may be resolved using an informal resolution process overseen by one or more school representatives if (i) the school determines, in its discretion, that such a process would be appropriate; and (ii) all parties agree to participate. The parties to any such informal process will not be required to deal directly with one another without the school’s involvement. Instead, one or more school representatives may arrange for or facilitate mediation between the involved parties and coordinate other informal resolution measures. Any party may request that the informal resolution process be terminated at any time, in which case the formal resolution process (described below) would commence. In addition, any party can pursue formal resolution if he or she is dissatisfied with a proposed informal resolution.

Formal Resolution Process

The formal resolution process applies (i) when any party so requests in connection with a matter that is eligible for informal resolution; and (ii) to all matters that are not eligible for informal resolution (i.e., matters involving alleged or suspected sexual assault or sexual violence). The School may also elect to use the formal resolution process in any matter when the School deems it appropriate. As part of the formal resolution process, the school may determine that further steps are required to complete the school’s investigation. The following procedural protections apply to matters that are not resolved using the Informal Resolution Process described above:

• Standard for Determining Responsibility. The standard used to determine whether this policy has been violated is whether it is more likely than not that the accused violated this policy. This is often referred to as a “preponderance of the evidence” standard.
• Rights of Complainants and Accused Parties; Timing of Resolution. The School shall provide any individual suspected or accused of violating this policy with a written explanation of the suspected or alleged violations of this policy. Complainants and accused parties shall both be provided with the following in connection with the resolution of suspected or alleged violations of this policy.
  • The opportunity to speak on their own behalf.
  • The opportunity to identify witnesses who can provide information about the alleged conduct at issue.
  • The opportunity to submit other evidence on their behalf.
  • The opportunity to review any information that will be offered by the other party in support of the other party’s position (to the greatest extent possible and consistent with FERPA or other applicable law).
  • The right to be informed of the outcome of the investigation (to the greatest extent possible and consistent with FERPA or other applicable law).
  • The opportunity to appeal the outcome of the investigation.
• Sanctions; Corrective Actions. The official conducting the investigation will determine whether a violation of this policy has occurred and what, if any, corrective action is appropriate. The school will take reasonable steps to prevent the recurrence of any violations of this policy and to correct the discriminatory effects on the complainant (and others, if appropriate). The range of potential sanctions/corrective actions that may be imposed against a student includes but is not limited to the following: written or verbal apology, discrimination or harassment education, verbal or written warning, probation, suspension, and dismissal from the school. Employees who are found to have violated this policy may be terminated or subjected to other disciplinary action in accordance with the Code of Business Conduct & Ethics. Guests and other third parties who are found to have violated this policy are subject to corrective action deemed appropriate by the School, which may include removal from the School and termination of any applicable contractual or other arrangements. In instances where the School is unable to take disciplinary or other corrective action in response to a violation of this policy because a complainant insists on confidentiality or for some other reason, the School will nonetheless pursue other steps to limit the effects of the conduct at issue and prevent its recurrence.
• Notification of Outcome. After the conclusion of the investigation, the school will provide written notification to the complainant and the accused of the outcome (i.e., whether a violation of this policy has occurred) within seven (7) calendar days after the conclusion of any hearing or proceeding unless the school determines that additional time is required. This notice shall be issued contemporaneously to both parties to the extent practicable. The school may also disclose to the complainant information about any sanctions or corrective actions taken that relate directly to the complainant (e.g., a “no contact” order). The school will maintain documentation of all hearings or other proceedings, which can take various forms (e.g., notes, written findings of fact, transcripts, or audio recordings, etc.). In no event will the complainant in matters involving an alleged violation of the Policy Against Sex Discrimination be required to abide by a nondisclosure agreement that would prevent disclosure of the outcome.
• Right to Appeal. Once written notification of the resolution has been provided, either the complainant or the accused will have the opportunity to appeal the outcome (including the issue of whether there is a policy violation and any sanction(s) imposed). Any appeal must be submitted in writing to the Chief Compliance Officer within seven (7) calendar days of being notified of the outcome and must set forth the grounds upon which the appeal is based. If the Chief Compliance Officer is unable to resolve the appeal for any reason, the School will designate another representative to decide the appeal. Neither party shall be entitled to a hearing in connection with any appeal, but the Chief Compliance Officer may request written submissions from the parties or consider any other information as deemed appropriate. Both parties will be informed in writing of the outcome of any appeal within fourteen (14) days of the date by which all requested information is received unless the Chief Compliance Officer (or designee) determines that additional time is required.

Prohibition Against Retaliation

No individual who makes a complaint alleging a violation of this policy or who participates in the investigation or resolution of such a complaint shall be subject to retaliation as a result of such activity or participation. Retaliation exists when action is taken against a complainant or participant in the complaint process that (i) adversely affects the individual’s opportunity to benefit from the school’s programs or activities; and (ii) is motivated in whole or in part by the individual’s participation in the complaint process. Any acts of retaliation, as defined in this policy, shall be grounds for disciplinary action, up to and including dismissal for students and termination of employment for faculty and staff.

Confidentiality

To the extent permitted by law, the confidentiality of all parties involved in the resolution of alleged or suspected violations of this policy will be observed, provided that it does not interfere with the School’s ability to conduct an investigation and take any corrective action deemed appropriate by the School and/or its schools.

Fabricated Allegations

Any allegations suspected to be fabricated for the purpose of harassing the accused party or disrupting the school’s operations are subject to these investigation and grievance procedures and could result in disciplinary action, up to and including dismissal for students and termination of employment for faculty and staff.