/Institutions/Colorado-Technical-University/json/2020/Catalog-local.json

/Institutions/Colorado-Technical-University/json/2020/Catalog.json

2020 CTU University Catalog > University Policies > Policy Against Discrimination, Harassment, Sexual Misconduct, and Retaliation > Sexual Misconduct - Sexual Harassment Policy Under Title IX > Investigation and Grievance Procedures

Investigation and Grievance Procedures

Investigation and Grievance Procedures

The University is committed to undertaking prompt, thorough, impartial and fair investigations upon receiving formal notice or allegation of a complaint of sexual misconduct and/or sexual harassment.The University will make no determination regarding responsibility for the alleged conduct until the conclusion of teh investigative and adjudicative process. From the initial investigation to final result, the University will treat all involved individual with respect and sensitivity. Depending upon the nature of the alleged or suspected policy violation, the relevant University official (or their designee) will conduct an investigation either alone or with one or more other University officials as deemed appropriate by the University. Although the length of each investigation may vary depending on the totality of the circumstances, the University strives to complete each investigation within sixty (60) to ninety (90) days of the transmittal of the written notice of Formal Complaint.

The University will offer and make available Supportive Measures to the Complainant regardless of whether the Complainant elects to file a Formal Complaint. Contemporaneously with the Respondent being notified of a Formal Complaint, the Title IX Coordinator will notify the Respondent of the availability of Supportive Measures for the Respondent, and the University will offer and make available Supportive Measures to the Respondent in the same manner in which it offers and makes them available to the Complainant. The University will also offer and make available Supportive Measures to the Respondent prior to the Respondent being notified of a Formal Complaint, if the Respondent requests such measures.

The University will maintain the confidentiality of Supportive Measures provided to either a Complainant or Respondent, to the extent that maintaining such confidentiality does not impair the University's ability to provide the Supportive Measures in question.

At any time after receiving a report of Sexual Harassment, the Title IX Coordinator may remove a student Respondent from one or more of the University's Education Programs or Activities on a temporary basis if an individualized safety and risk analysis determines that an immediate threat to the physical health or safety of any student or other individual arising from the allegations of Sexual Harassment justifies removal. In the event the Title IX Coordinator imposes an interim removal, the Title IX Coordinator must offer to meet with the Respondent within twenty-four hours and provide the Respondent an opportunity to challenge the interim removal.

In the case of a Respondent who is a non-student employee (administrator, faculty, or staff), and in its discretion, the University may place the Respondent on administrative leave at any time after receiving a report of Sexual Harassment, including during the pendency of the investigation and adjudication process (see "Investigation" and "Adjudication").

For all other Respondents, including independent contractors and guests, the University retains broad discretion to prohibit such persons from entering onto its campus and other properties at any time, and for any reason, whether after receiving a report of Sexual Harassment or otherwise.

Informal Resolution Process

Violations of the Sexual Misconduct Policy, including allegations of sexual harassment, may be resolved using an informal resolution process overseen by one or more University representatives if (i) the University determines, in its discretion, that such a process would be appropriate; and (ii) all parties provide their signed consent to participate. The parties to any such informal process will not be required to deal directly with one another without the University's involvement. Instead, one or more University 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 by completing the appropriate paperwork provided by the Title IX Coordinator or designee. In these instances, the formal resolution process (described below) would commence. A party may withdraw their consent to participate in informal resolution at any time before a resolution has been finalized. Informal resolution will not be permitted if the Respondent is a non-student employee accused of committing Sexual Harassment against a student.

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 misconduct, as well as complaints of an employee violating this policy with a student). The Title IX Coordinator may also elect to use the formal resolution process in any matter when the University deems it appropriate, including when complaints are brought forward anonymously and/or the Title IX Coordinator has received reports of serious misconduct and not particular alleged victim wishes to sign a formal complaint. Formal complaints may be filed with the Title IX Coordinator in person, by mail, or by e-mail. This process applies to both students and University employees.

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. This standard is utilized in all investigations under Title IX for both students and employees.

• Rights of Complainants and Accused Parties; Timing of Resolution. The University shall provide all parties 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 as well as review any evidence offered by the other party in support of their position (to the greatest extent possible and consistent with FERPA or other applicable law), as well as timely and equal access to any other information that will be used during any informal or formal disciplinary proceedings. Evidence will be provided to the alternate party with a minimum of 10 days to review prior to a scheduled hearing.
  • The opportunity to review any additional information related to the outcome of the internal investigative proceedings.
  • The opportunity to be accompanied to any meeting or proceeding related to the University's resolution of an alleged or suspected violation of this policy by an advisor of their choice. The University will not limit the choice of advisor or presence for either the complainant or accused party. Should the complainant or accused party/parties not have an advisor to accompany the live hearing, one will be provided to them on behalf of the University.
  • Receive a copy of the Investigative Report with ability to review the document for a minimum of 10 days. 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 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 for one of the following reasons: 1) a procedural irregularity that affected the outcome, 2) new evidence that was not reasonably available that could have affected the outcome, or 3) conflict of interest or bias by the institutional participants that affected the outcome.
  • Parties have the right to select an advisor of their choice during an investigation as well as to attend a live hearing for formal adjudication. While an advisor does not have to be an attorney, it can be if preferred. The role of an advisor is to provide support, strategic information, as well as to participate in the live hearing by conducting cross examination to the responding party. If either the complainant(s) or reporting parties do not have an advisor, the institution will provide an advisor to them.

Sanctions; Corrective Actions

The range of potential sanctions/corrective actions that may be imposed are as follows:

Student sanctions may include but are not limited to: written or verbal apology; sexual assault, dating violence, domestic violence or stalking prevention education; verbal, written or final warning; no-contact order issued by the University; probation, suspension, and/or dismissal from the University.
Employee sanctions may include but are not limited to: verbal coaching; documented coaching; formal policy reminder; written warning; final written warning; termination of employment; administrative leave of absence; sexual assault, dating violence, domestic violence or stalking prevention education; training; and/or no-contact order issued by the University. Note: Employees are also subject to all Employee Handbook, department, and workplace policies, including but not limited to the Code of Business Conduct & Ethics.
Guests and other third party sanctions may include but are not limited to: removal from the University property; referral to law enforcement; requirement to complete prevention education training prior to resuming a relationship with the University; and/or termination of contractual or other arrangements.

The University 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 University 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.). Under no circumstances will either party be required to abide by a nondisclosure agreement that would prevent disclosure of the outcome.

Notification of Outcome

After the conclusion of the investigation, the University 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 University determines that additional time is required. This notice shall be issued contemporaneously to both parties to the extent practicable. The University 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 University 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 Sexual Misconduct - Sexual Harassment Policy Under Title IX be required to abide by a nondisclosure agreement that would prevent disclosure of the outcome.

Right to Appeal

Either party may appeal the determination of an adjudication, or a dismissal of a Formal Complaint, on one or more of the following grounds:

• A procedural irregularity affecting the outcomes;
• There is new evidence that was not reasonably available at the time the determination or dismissal was made, that could have affected the outcome;
• The Title IX Coordinator, investigator, hearing council, or administrative officer, as the case may be, had a conflict of interest or bias for or against complainants or respondents generally, or against the individual Complainant or Respondent, that affected the outcome.

No other grounds for appeal are permitted.

A party must file an appeal within seven (7) days of the date they receive notice of dismissal or determination appealed from or, if the other party appeals, withing three (3) days of the other party appealing, whichever is later. The appeal must be submitted in writing to the appeals officer, who is identified and serves as the appeal officer for the formal case. The appeal must specifically identify the determination and/or dismissal appealed from, articulate which one or more of the three grounds for appeal are being asserted, explain in detail why the appealing party believes the appeal should be granted, and articulate what specific relief the appealing party seeks.

If the appeal officer confirms that the appeal is timely and invokes at least one permitted ground for appeal, the appeal officer will provide written notice to the other party that an appeal has been filed and that the other party may submit a written opposition to the appeal within seven (7) days. The appeal officer should also promptly obtain from the Title IX Coordinator any records from the investigation and adjudication necessary to resolve the grounds raised in the appeal.

No further review beyond the appeal is permitted.

Although the length of each appeal will vary depending on the totality of the circumstances, the University strives to issue the appeal officer's written decision withing (21) days of an appeal being filed.

Retaliation

It is a  violation of this policy to engage in Retaliation. Reports and Formal Complaints of retaliation may be made in the manner specified in "Reporting Sexual Harassment," and "Formal Complaint." 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 University'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 fro students and termination of employment for faculty and staff. The University retains discretion to consolidate a Formal Complaint of Retaliation with a Formal Complaint of Sexual Harassment for investigation and/or adjudication purposes if the two Formal Complaints share a common nexus.

Confidentiality

The University will keep confidential the identity of any individual who has made a report or Formal Complaint of Sexual Harassment or Retaliation including any Complainant, the identity of any individual who has been reported to be a perpetrator of Sexual Harassment or Retaliation including any Respondent, and the identity of any witness. The University will also maintain the confidentiality of its various records generated in response to reports and Formal Complaints, including, but not limited to, information concerning Supportive Measures, notices, investigation materials, adjudication records, and appeals records. Notwithstanding the foregoing, the University may reveal the identity of any person or the contents of any record if permitted by FERPA, if necessary to carry out the University's obligations under Title IX and its implementing regulations including the conduct of any investigation, adjudication, or appeal under this policy or any subsequent judicial proceeding, or as otherwise required by law. Further, notwithstanding the University's general obligation to maintain confidentiality as specified herein, the parties to a report or Formal Complaint will be given access to investigation and adjudication materials in the circumstances specified in this policy.

Note that certain types of Sexual Harassment are considered crimes for which the University must disclose crime statistics in its Annual Security Report that is proved to the campus community and available to the public. These disclosures will be made without including personally identifying information.

Fabricated Allegations

Any allegations suspected to be fabricated for the purpose of harassing the accused party or disrupting the University'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.

Additional detail as it relates to equal opportunities for both parties, documentation (including the Investigative Report), access to evidence, and the adjudication process, live hearing and pre-live hearing meetings can be found via the full policy link here.