Student Rights and Responsibilities

Guide to the Rights, Responsibilities, Academic Expectations & Code of Student Conduct

Student Affairs has prepared this Guide to Students Rights, Responsibilities and Code of Student Conduct. It is updated annually to serve as a ready reference to the significant policies relevant to students at Colorado Mountain College.

Many policies are presented here in an abridged form, and more detailed statements may be obtained from the Campus Vice President or designee. Students should also consult the Academic Catalog for policies relevant to academic programs. On-campus residents must adhere to specific guidelines, policies, and procedures in the Residence Hall and Student Handbooks. In this document and college-related policies, the terms “classroom” and “campus” pertain to all college-owned or controlled property, any place of instruction on- or off-campus, and any college-sponsored or supervised activities or events.

As an academic community, Colorado Mountain College exists for the pursuit of learning and truth, for the development of students as scholars and citizens, and, ultimately, for the well-being of society. Free inquiry and free expression are indispensable to the attainment of these goals. The College’s responsibility for creating and maintaining an atmosphere conducive to these freedoms is shared by students, faculty, administrative personnel and the board of trustees.

Inherent in the policies of Student Rights, Responsibilities, and Code of Student Conduct is the concept that at Colorado Mountain College, students must demonstrate respect for authority, public and private property, and the rights and privileges of others. Colorado Mountain College, in return, shall provide the facilities and opportunities and guarantee certain rights necessary for students to achieve a high-quality education in the field of their choice within the limits of the educational programs available. Each right carries equal responsibility for both the institution and the student.

Student Rights & Responsibilities

Student Rights in the Classroom

1. Students have the right to inquire, discuss, and express their views by orderly means that do not infringe upon the rights of others or impede the progress of the course.
2. Students have the right to expect that instructors will conduct themselves professionally in the classroom in accordance with college policy.
3. Students have the right to be informed of the academic standards and requirements of each course. Instructors shall publish a course syllabus in Canvas, CMC’s online learning platform, to outline expectations and requirements for each class. 
4. Students have the right to be protected through established procedures against prejudiced or capricious academic evaluation. Students have the right to be evaluated on their academic performance and course requirements defined in the syllabus, established program expectations, or the Code of Student Conduct, and not on their opinions or conduct in matters unrelated to academic standards. Students may appeal a grade through the official CMC grade appeal procedure.
5. Through established institutional mechanisms, students have the opportunity to assess the value of a course, services, facilities and equipment. Students have the right to make suggestions as to the course’s direction and to evaluate both the instructor and the instruction they have received.
6. Students have the right to privacy. Personal or scholastic information about students shall be confidential and not be disclosed to others except in accordance with college policy, the Colorado State Open Records Act, the Family Educational Rights and Privacy Act and Freedom of Information statutes.
7. No qualified individual with a documented disability shall, by reason of disability, be excluded from participation in or be denied the benefits of the services, programs, or activities of a public entity or be subject to discrimination by such entity.

Student Responsibilities in the Classroom

1. Students are responsible for inquiring about course requirements if they do not understand them or are in doubt about them.
2. Students are responsible for maintaining academic performance standards established for individual courses and programs of study.
3. Students are responsible for initiating an investigation if they believe their academic rights have been violated.
4. Students are responsible for learning the content of any course of study.
5. Students with a disability are responsible for requesting accommodations and services, if desired, from an Access Coordinator.
6. Students are responsible to act in accordance with commonly accepted standards of academic conduct. Free discussion, inquiry and expression are encouraged in class. Classroom behavior that interferes with either (a) the instructor’s ability to conduct the class or (b) the ability of students to benefit from the instruction is not acceptable. Examples may include routinely entering class late or departing early; use of beepers, cellular phones, or other electronic devices; repeatedly talking in class without being recognized; talking while others are talking or arguing in a way that is perceived as crossing the civility line. Students are expected to carefully review course syllabi to be aware of individual instructor expectations regarding the use of cell phones and computers during class. 

Student Rights and Responsibilities Outside the Classroom

1. Outside the classroom, students have the right to discuss and express by orderly means any view in support of any cause, providing it does not disrupt the operation of the College or infringe on the rights of other members of the college community, subject only to reasonable time, place and manner restrictions.
2. According to the College’s affirmative action policy, students have the right to be free from discrimination.
3. Students are responsible for appreciating and respecting the diverse population on campus.
4. Students are responsible for resolving issues affecting their academic performance and have the right to seek assistance in resolving those issues.
5. CMC is committed to creating a community environment where students develop a high standard of behavior and personal values. Being a member of such a community is a challenging task but one that individuals are capable of achieving if the following guidelines are maintained:

• Respect and tolerance for the rights and dignity of others;
• Respect for the rights and needs of the CMC community to develop and maintain an atmosphere conducive to academic study and personal development;
• Willingness to assist others in need of support, guidance, or friendship;
• Respect for federal, state, and local laws and ordinances;
• Respect for the policies and procedures established by CMC for the well-being of the college community, as well as respect for those given the authority to administer them; and
• Respect for the individuals and resources of the local neighborhoods and communities in which we reside.

Academic Expectations

The current Colorado Mountain College Academic Catalog contains all academic policies and regulations concerning the following: grading system, incompletes, audits, credits, withdrawal, repetition of courses, course load, attendance, degree requirements and academic standards. See College Counselors/Advisors and Campus Administration for more details in these areas.

To encourage and foster academic excellence, the College expects students to conduct themselves per generally accepted norms of scholarship and professional behavior. Because of this expectation, the College does not condone any form of academic misconduct. Academic misconduct includes but is not limited to plagiarism, cheating, fabrication, and knowingly or recklessly encouraging or making possible any act of plagiarism, cheating or fabrication.

Academic misconduct is an unacceptable activity in scholarship and conflicts with academic and professional ethics and morals. The College will use the Academic Misconduct Procedure to address academic misconduct. The procedure can be viewed on the Student Consumer Information - Your Right to Know page, under Academic Expectations and Policies. Generally, students who are found responsible for engaging in some form of academic misconduct shall be subject to:

• A zero or an “F” on the work in question;
• Other academic penalties as outlined in the instructor’s course requirements and expectations; Disciplinary action; or
• Any combination thereof.

If cheating occurs on the placement test, the student’s scores will not be accepted, and the student will not be allowed to retake the placement test until six months have passed.

Generally, a student’s intentions will not be the primary consideration in determining whether academic misconduct has occurred. A student’s intentions will usually only be considered when deciding on the appropriate sanctions or penalties.

Plagiarism is appropriating another person’s written, artistic, or musical composition, or portions thereof, or ideas, language, or symbols, and conveying the material as the product of one’s mind without giving credit to the originator.

Regarding written work, in particular direct quotations, statements that are the results of paraphrasing or summarizing the work of another, and other information which is not considered common knowledge, must be cited or acknowledged, usually in the form of a footnote. Quotation marks or a proper form of identification shall be used to indicate all direct quotations.

As long as a student adequately acknowledges their sources and there is no reason to believe that the student has attempted to pose as the originator, the student will not be charged with plagiarism even though the form of the acknowledgment may be unacceptable to the instructor.

Cheating is the act of using or attempting to use, during an examination or other academic work, material, information, or study aids that the instructor does not permit. Cheating includes but is not limited to using books, notes, calculators, copying from or conversing with others during an examination (unless the instructor permits such external aids), having another person do research, write papers, or take examinations for someone else. The submission of large portions of the same work as part of the academic work for more than one course can be considered cheating unless the instructor permits such submission.

Fabrication is the invention of material or its source and its use as an authority in academic work. Fabrication includes but is not limited to inventing the data for a scientific experiment, inventing the title and author of a publication to use the invented publication as a source, or knowingly attributing material to an incorrect source.

Code of Student Conduct

Standards of Conduct

Students are expected to comply with all college policies and procedures at all times. Standards of conduct, rules, and regulations are primarily set forth in the Colorado Mountain College Academic Catalog, this Student Handbook and the Residence Hall Handbook. Students are expected to read all pertinent materials to make informed choices about their actions. Ignorance of policies is not an acceptable excuse for violating them.

Students and community members are subject to the same federal, state, and local laws as non-students and are the beneficiaries of the same safeguards of individual rights. As academic community members, students and community members are expected to conduct themselves reasonably. Students and community members should always try to promote a sense of cooperation and work to build an atmosphere that will be most conducive to higher education goals.

Members of the college community shall recognize the authority of the College to publish and maintain its own set of rules and regulations. It is the responsibility of all members of the college community to make themselves aware of the rules and regulations of the institution and comply with those rules and regulations.

All college community members, while on and off campus, are expected to comply with college rules and regulations. The conduct listed below is not compatible with the College’s mission, is considered misconduct, and is subject to sanctions as set forth below. The College may impose sanctions for misconduct on college-owned or -controlled property, at off-campus activities or functions sponsored or supervised by the College or recognized student organizations, or at other off-campus locations that adversely affect the college community or the pursuit of its objectives.

Specific acts that are not in accordance with the CMC Code of Conduct include:

1. Academic Misconduct including plagiarizing, cheating, and/or facilitating violations of reasonable standards of academic behavior. Matters relating to academic standards and achievement fall within the responsibility of instructional staff. Examples of Academic Misconduct may include but are not limited to:

• Copying, writing, or presenting another person’s information, ideas, or phrasing without proper acknowledgment of their true source.
• Using a commercially-prepared term paper or project.
• Using artificial intelligence (AI) to complete coursework in a manner not allowed by the instructor. See course syllabi, authorized usage may vary by instructor.
• Copying information from the test of another student.
• Using unauthorized materials during an examination.
• Obtaining illegally or attempting to obtain unauthorized knowledge of a test.
• Giving or selling to another student unauthorized copies of tests.
• Taking a test in place of another student or having someone take a test in their place.
• Unauthorized collaboration between two or more students on a test, paper, project or activity.
• Forging, altering, or misuse of academic materials, documents, records, forms or instruments.

Please see the Academic Misconduct Procedure for more details. 

2. Theft, abuse, or misuse of information technology, (e.g., computer, computer time, electronic mail, voice mail, telephone, fax), including but not limited to:

• Unauthorized entry into a file to use, read, change the contents, or for any other purpose.
• Unauthorized transfer or distribution of a file.
• Unauthorized use of another individual’s identification and password.
• Use of information technology to interfere with the work of another student, faculty member or college official.
• Use of information technology to send obscene or threatening messages.
• Use of information technology that interferes with normal operations of the College’s systems.
• Any violation of the 3-7 Computer and Telecommunications Policy or the Appropriate Use of Technology Statement.

3. Disruption or obstruction of teaching, research, administration, disciplinary procedures, and other college activities, as well as unauthorized entry, use or occupation of CMC facilities.
4. Forgery, alteration, falsification, or misuse of college documents, records, or identification provided to the College or other agencies or educational institutions.
5. Physical abuse, which includes any action that is likely to be detrimental to the health, safety, and/or well-being of another, or psychological abuse, which consists of any activity which unreasonably interferes with the psychological well-being of another (e.g., hazing, assault, harassment).
6. Sexual Misconduct, a form of unlawful discrimination, encompasses all forms of prohibited sexual or gender-based conduct which unreasonably interferes with an employee’s or student’s work, educational, or social performance, at the College or any of its programs or activities (whether on- or off-campus) or creates an intimidating, hostile, or offensive work, educational or social environment. Sexual Misconduct includes sexual harassment and sexual violence. All Sexual Misconduct violations will be processed as stated in the CMC Sexual Misconduct Policy and Procedures.
7. Disorderly, indecent, or obscene conduct or expression.
8. Unlawfully discriminatory acts against or harassment of individuals due to race, creed, color, religion, sex, sexual orientation, disability, age, marital status, national origin, veteran status, or on any other basis prohibited by federal or state law.
9. Conduct that threatens or endangers any person’s health, safety or welfare.
10. Intentional or reckless destruction, damage, abuse, or misuse of college property or the property of others.
11. Theft or conversion of property or service belonging to the College, members of the college community or others.
12. Using, possessing, or storing firearms, explosives, or other dangerous weapons - instruments that are designed to, or could potentially produce, bodily harm or destruction. This policy shall not apply to a police officer, peace officer, or anyone authorized by the state, the Campus Vice President or their designee. Weapons may include, but are not limited to, BB guns, pellet guns, paint guns, martial art devices, brass knuckles, hunting knives, daggers, or similar knives or switchblades. Any instrument designed to look like a firearm, explosive, or dangerous weapon or used by a person to cause fear in or to harass another person is expressly included within the meaning of a firearm, explosive or dangerous weapon. See the Assistant or Associate Dean of Student Affairs for more information.
13. Intentional initiation or circulation of any false report, warning, or threat of fire, bombs or explosives.
14. Alteration, misuse of, abuse of, or damage to fire or other safety equipment.
15. Possessing, consuming, or distributing any alcoholic beverage; alcoholic packaging or paraphernalia; or appearing while intoxicated as defined by state and local laws. Illegally possessing, using, distributing, or manufacturing any narcotic, drug, or controlled substance or drug paraphernalia, as classified by federal, state, and local laws or appearing while under the influence of any illegally obtained narcotic, drug or controlled substance. Although possession and use of marijuana is no longer a crime in the State of Colorado, the possession and use of marijuana remains illegal under federal law. Consistent with federal law, including the Controlled Substances Act and the Drug-Free Schools and Communities Act, the use and/or possession of marijuana continues to be prohibited while a student is on college property, including residence halls or as part of college courses/activities.
16. Failure to comply with the verbal or written directions of college officials acting in performance of their duties. Failing to comply with contractual obligations with the College (e.g. behavioral contract, payment obligation/agreement, housing, food service agreement, etc.).
17. Leaving children or pets unattended or unsupervised in campus buildings or grounds.
18. Influencing or attempting to influence any employee or student enrolled in the College through offering or accepting favors (including sexual), bribery or any threats.
19. Intentionally publishing or disseminating any written instrument, sign, picture, object, or verbal statement that impeaches another person’s honesty, integrity, or reputation, with knowledge or reckless disregard of its falsity.
20. Violation of any college policies, regulations or procedures.
21. Violations of federal, state, or municipal laws, or any other conduct not included above, which unreasonably or unlawfully interferes with the operations of the College, and the pursuit of its educational purposes and objectives or the rights of others; or which renders a person or organization unfit or unsuitable for continued association or affiliation with the College.
22. Abuse of the student adjudication system, including but not limited to:

• Failure to obey the direction of an adjudication body or college official.
• Falsification, distortion, or misrepresentation of information before an adjudication body.
• Disruption or interference with the orderly conduct of an adjudication proceeding knowingly without cause.
• Initiation of an adjudication proceeding knowingly without cause.
• Use of intimidation to discourage an individual’s proper participation in or use of, the adjudication system.
• Attempting to influence the impartiality of a member or an adjudication body before and/or during the judicial proceeding.
• Harassment (verbal or physical) and/or intimidation of a member of an adjudication body or a student witness before, during, and/or after an adjudication proceeding.
• Failure to comply with the sanction(s) imposed under the Code of Student Conduct.
• Influencing or attempting to influence another person to commit an abuse of the adjudication system.

24. Aiding, abetting or inciting others to commit any of the above acts.
25. COVID-19 or Other Infectious Disease Mitigation Guidelines

The College reserves the right to modify or amend these guidelines for any reason, including without limitation, to align with guidance or orders from local, county, state, and federal public health agencies and government officials. All CMC community members and students must make themselves aware of and act in accordance with updates to behavioral expectations and commitments related to infectious disease guidelines. 

The success of a college experience during the current pandemic requires collective efforts by all students, and by all others who come into contact with students, to meet minimum safety standards that may change in response to the spread of the COVID-19 virus. The College may impose health and safety requirements on every student, faculty, and staff member on campus to mitigate the risk of virus exposure and transmission.

The College will continue to provide updated information about specific locations and campus COVID-19 requirements for social distancing, face coverings/masks, vaccinations, and other considerations on CMC’s COVID-19 Information page.

By enrolling at the College or attending college courses or events, and as a matter of shared responsibility, each student understands that face coverings, physical distancing, self-assessment for symptoms, hand washing, and other pandemic-related measures will minimize the risk of infection. The Code of Student Conduct includes this COVID-19 Addendum to list the measures that may be utilized to satisfy our shared responsibilities to each other. While the College will monitor the changing environment and the requirements or recommendations by public health officials, there is no guarantee that the risk of infection by the COVID-19 virus can be eliminated.

Specific acts that violate the CMC Code of Student Conduct COVID-19 Addendum include:

Violating College requirements or public health orders in place to reduce the risk of spreading infectious disease, including but not limited to the following:

• Failure to follow applicable federal, state, county, and/or local public health orders as required by the College. If multiple orders apply or in the event of a conflict between or among them, students are required to follow the most restrictive public health order.
• Failure to comply with any additional or more specific actions required by a campus, department, unit, or college representative, to limit the spread of infectious diseases, while participating in a program or activity, utilizing a service or benefit, or using college facilities, including but not limited to, CMC’s Code of Student Conduct COVID-19 Addendum and CMC’s COVID Prevention Guidelines.
• Failure to participate in updated CMC requirements or public health orders, including but not limited to vaccinations, if required, testing for COVID-19, contact tracing, quarantine and isolation.

Adjudication procedure: Behavior not in compliance with the College’s COVID-19-related requirements and health orders will be adjudicated using the College’s adjudication procedure listed in this Student Handbook. To address reported COVID-19 violations promptly, the College will use the following rubric to guide sanctions.

Level 1: Violation is unintentional, a single violation. Sanction options include but are not limited to educational requirements, warning or probation.

Level 2: Willful non-compliance or multiple violations. Sanction options include but are not limited to education, probation, removal from the course, or removal from the College.

Accessibility: Students may submit requests for reasonable accommodations regarding face coverings or other COVID-19 requirements to the Access Coordinator at the CMC location they are attending or living closest to.

Please note: Additional disciplinary policies may be in effect for select instructional programs. Please refer to these programs for specific information. Students in these programs do not forgo their right to due process through adjudication.

Students/community members may be required to withdraw from CMC for an extended period or indefinitely for failing to meet academic standards, observe the standards of conduct or other CMC regulations, or meet financial obligations to CMC.

Students/community members may be held independently accountable to civil authorities and the College for acts that constitute violations of law and/or violations of college policies, regulations, or procedures. Disciplinary action will not be challenged on the grounds that criminal charges involving the same incident have been dismissed, reduced, or are in process.

Adjudication Process

Philosophy

From the student/community members’ perspective, the adjudication process at Colorado Mountain College is designed to provide a learning experience that encourages growth and personal understanding of one’s responsibilities and privileges within the college environment. From the College’s perspective, the goal of the adjudication process is to balance an understanding and knowledge of students/community members and their needs with the needs of other students and the college community.

The aim of the college adjudication proceedings is to arrive at decisions that ensure that individuals assume full responsibility for their actions and that ensure the rights, freedom and safety of all members of the college community.

Corrective and punitive actions by the College may be required if a student violates specific rules of conduct or if their actions endanger the property or well-being of individuals or organizations. The College takes corrective actions to reorient students while protecting the college community.

The authority of the College to discipline students for violations of its regulations differs from the power of civil authority to deal with violations of criminal law. Adjudication proceedings in the college community are administrative rather than criminal. The standard used in determining whether a violation occurred is “preponderance of information,” which means it appears “more probable than not” that the incident occurred as alleged.

Students/community members may be held independently accountable to civil authority and the College for acts that constitute violations of law and/or violations of college policies, regulations or procedures. Disciplinary action will not be challenged on the grounds that criminal charges involving the same incident have been dismissed, reduced or are in process.

Adjudication Records

Any student records or files produced by an Adjudication Officer/Board become the property of Colorado Mountain College. They are maintained by Student Services staff and are not available to persons other than the student, except as provided by the Family Educational Rights and Privacy Act and Colorado Open Records Law.

Campus Adjudication Process

The process, in brief, consists of (1) a reported incident; (2) contact and notification of alleged involvement; (3) discussion between the responding student and a school official; (4) examination of relevant information; (5) decision determining responding student’s involvement in the incident; and (6) application of sanctions, if appropriate.

1. Reported violation: Any student, staff, or community member may report a concern or possible violation using CMC Cares, an online reporting tool. All reports are reviewed by an appropriate staff member who determines next steps.
2. Contact and notification: After reviewing an incident report form, a staff member may determine that a meeting is required. In this case, an incident notification card, email or letter will be delivered to the student(s) involved. Failure to comply with a meeting request will be considered a violation of the Code of Student Conduct.
3. Meeting: Whenever possible, the adjudication official with the closest jurisdiction to the student(s) and area of concern will make decisions.

• Possible adjudication officials:
  Vice President and Campus Dean or designee
  Assistant or Associate Dean of Student Affairs
  Director of Student Life and Housing
• Two possible types of meetings:
  Informal: Inquiry
  Formal: Hearing

4. Examination of the information: During the Inquiry/Hearing, the student should be aware of their rights in adjudication. Students are ensured the following:

• Written notice via email to the student regarding the nature of the charges;
• The right to a fair and timely meeting before an adjudication official;
• The right to present witnesses or evidence on the student’s behalf;
• The right to be heard by an impartial adjudication official;
• The right to the assistance of any person of their choosing;** and
• The right to appeal.

The school official will ask the responding student to discuss their involvement in the incident. The discussion intends to allow the school official to gather enough information to decide on the student’s participation in the matter and the level of responsibility.

If an incident is complex or involves many students, additional meetings may be necessary to gather sufficient information.

**The student can bring an advisor or observer of their choice and expense. Such advisor may be an attorney. The advisor is limited to counseling the student. The advisor may not act as a student representative, speak on the student’s behalf, or participate, by questions or otherwise, in the meeting or the hearing.

5. Decisions: Decisions regarding incidents or involvement will be based on a preponderance of information available, even if the student involved chooses not to attend the hearing. Once all relevant information has been presented, the adjudication official will decide whether it is more probable than not that the student violated the Code of Student Conduct.

The adjudication official will attempt to notify the student of the decision or the course of action in writing via email within five business days of the hearing. Any determinations or sanctions are in effect once the student is notified in person or in writing via email.

6. Application of sanctions: If the responding student has admitted to or has been found guilty of violating college policies, the Code of Conduct School Official will also determine which sanctions are appropriate for that behavior (see Code of Conduct Sanctions). Students are advised that violations are cumulative.

A sanction imposed by one campus is applicable at all campuses college-wide. Decisions to alter a sanction within the terms of the sanction imposed may be adjusted by review of the primary campus of desired future attendance with the location of the originating decision.

The Code of Conduct School Official has a wide range of sanctions that may be applied in cases where the student has been determined to violate the Code of Student Conduct or college policy. Sanctions may be assigned individually or in combination with other sanctions. Failure to comply with specific conditions, guidelines, or requirements may result in more severe disciplinary action.

Any record of prior conduct will be taken into consideration in determining sanctions. Sanctions are in effect from the time of notification, either in person or in writing via email. All college-imposed sanctions shall be confirmed in writing via email.

7. Appeal procedures: A student is entitled to one appeal of a decision rendered in an initial adjudication action. If an appeal is requested, suspension or expulsion shall not be imposed until the appeal procedures below have been completed unless an immediate or summary suspension has been imposed in cases requiring immediate action for the safety or welfare of the college community. Other mandated sanctions remain in effect during the appeal process until they may be reversed or modified. All appeals must be submitted in writing via email and to the appropriate appeal officer within the timeframe determined by the Code of Conduct School Official. The student must submit the appeal form and any additional supporting material to the Code of Conduct School Official within three business days after receipt of the decision of the Code of Conduct School Official. The student will forfeit their appeal opportunity if not filed within this defined timeframe.

The written appeal petition must clearly explain, in detail, the basis for the appeal. The basis for the appeal must address one or more of the following:

• Whether appropriate adjudication procedures were followed.
• Whether the sanction(s) imposed is (are) appropriate, reasonable and just.
• Whether the evidence supported the decision. No new evidence may be presented on appeal except as otherwise determined and at the discretion of the school official. Whether the responding student had the opportunity to present relevant information at the time of the original meeting or hearing.

The Campus Vice President or designee will serve as the appeals review body.

The appeal opportunity will be forfeited if the student fails to follow through with the above-outlined process.

8. Appeal decision: The Campus Vice president or designee is charged with upholding the policies and procedures of the College and has the authority to uphold or overturn (and may modify) the initial decision. The Campus Vice President or designee must ensure adjudication proceedings and decisions adhere to the College’s policies and procedures. All appeal decisions will be rendered to the student within five business days of the review’s conclusion. All appeal decisions are final.

Sanctions for Misconduct

The College seeks to ensure fair and equal treatment of students and recognized student organizations subject to disciplinary or academic sanctions and to impose similar sanctions under similar circumstances. Any record of prior conduct will be taken into consideration in determining sanctions. All college-imposed sanctions shall be confirmed in writing. A sanction imposed by one campus applies to all campuses college-wide. Decisions to alter a sanction within the term of the sanction imposed may be adjusted only by review of the primary campus of desired future attendance and in consultation with the campus of the originating decision.

Code of Conduct Sanctions

Sanctions for violations of college policy by individuals or recognized student groups include:

College or residence hall warning: A college or residence hall warning is an official notice to a student/community member or recognized student organization that the conduct violates college standards. The continuation of such conduct or actions may result in further disciplinary action.

Residence hall probation: Residence hall probation is a period of observation and conduct review during which the student must comply with College and Residence Hall Standards of Conduct. Terms of this probationary period will be determined at the time probation is imposed.

A written reprimand for violation of specified regulations will be given. Probation is for a designated period and includes the probability of more severe disciplinary sanctions if the student violates any College or Residence Hall Standards of Conduct during the probationary period. Individual violations are considered on a cumulative basis.

Residence hall suspension: Residence hall suspension is the separation of the student from the residence hall for a definite period, after which the student is eligible to return. Conditions for application and readmission to the residence hall may be specified.

Students suspended from the residence hall typically have up to 72 hours from the moment of the incident or decision to vacate their residence unless the severity of the incident or related issues mandates a more prompt departure. Residence hall suspension may or may not include exclusion from the residence halls and/or revoking of cafeteria privileges. Residence hall suspension results in the loss of all room and board charges, plus the security/damage deposit. Sanctions may also exclude the student from the College’s residential, dining, and/or student life areas and college-sponsored activities.

Residence hall expulsion: Residence hall expulsion permanently terminates a student’s college residence and/or campus boarding privileges. Residence hall expulsion results in the loss of all room and board charges, plus the security/damage deposit. The student may also be prevented from returning to college premises. This sanction may be imposed in conjunction with additional college disciplinary action. 

College disciplinary probation: Disciplinary probation is a period of observation and review of conduct during which the student, community member, or recognized student organization must comply with the College and Residence Hall Standards of Conduct if applicable. The terms of this probationary period will be determined at the time probation is imposed.

A written reprimand for violation of specified regulations will be given. Probation is for a designated period and includes the probability of more severe disciplinary sanctions if the student or community member violates the College or Residence Hall Standards of Conduct during the probationary period.

College disciplinary suspension: Disciplinary suspension immediately suspends the student’s enrollment. The suspension may be for a specified period or for an indefinite period until stated conditions are met. The student or community member may also be prevented from returning to college premises. This suspension is subject to a formal hearing.

Summary suspension: Summary suspension is an immediate suspension of a student’s or community member’s privilege to attend the College and its related functions. Summary suspension is appropriate when there is a reasonable cause to believe that the student has been involved in a code of conduct violation and the continued presence of the student on campus (1) presents a danger to the student or other members of the campus community, or (2) threatens to disrupt college operations or activities.

A student or community member who has been summarily suspended may not attend classes, may not participate in any college activities and may be excluded from college property.

The authority for summary suspension is vested in the Campus Vice President or designee. The Campus Vice President or designee may summarily suspend a student without a pre-suspension hearing. In the event of a summary suspension, the student will be afforded the opportunity within five business days to have a suspension hearing before the Campus Vice President or designee. At the suspension hearing, the Campus Vice President or designee may determine that suspension of the student continues to be necessary pending the outcome of any campus adjudication process, or that suspension of the student continues to be necessary pending the resolution of the campus adjudication process to protect the student or other members of the campus community, or to avoid disruption of college operations or activities. A student subject to summary suspension remains entitled to participate in the campus adjudication process and is subject to the application of sanctions by that process.

College expulsion: Expulsion is the act of terminating a student’s academic program and the right to future enrollment. The student may also be prevented from returning to college premises. Expulsion is subject to a formal hearing.

Non-academic withdrawal: In some instances where a student’s behavior or mental or emotional health may render them unfit for continued participation within the college community, the Campus Vice President or designee may require the student to withdraw from the College. The College may require that certain conditions be met before allowing the student to be readmitted.

Loss of recognition: Recognized student organizations may lose recognition after an administrative hearing before the Campus Vice President or designee. This action deprives the organization of campus resources, the use of the College’s name, and the right to participate in college-sponsored activities. This loss of recognition may be for a specific period, an indefinite period or until stated conditions are met.

Fines: In addition to restitution or other sanctions, a student may be assessed fines for violation of established standards of conduct or residence hall rules and regulations. Previously established and published fines may be imposed.

Restitution: The student, group of students, or recognized student organization may be required to make payment to the College or other persons, groups, or organizations for damages caused. Restitution includes compensation for loss, damage or injury. This may take the form of appropriate service and/or monetary payment or material replacement.

Other sanctions: For educational purposes, other sanctions may be imposed instead of, or in addition to, specific sanctions listed in this section. These include but are not limited to recommendation or requirement for counseling, work sanctions, restriction of privileges, the establishment of mandatory behavioral conditions required as a condition of continuing enrollment and/or re-enrollment, or a special educational project designed to assist the student or community member in better understanding the overall impact of their behavioral infraction.

Information Students Have a Right to Know - Consumer Information

You have a right to know certain information that the College is required by law to provide. Much of this information is safety-related or financial in nature, but other categories are included such as graduation rates, accreditation, voter registration and more. CMC posts and updates this information on the Student Consumer Information - Your Right to Know page.

Applicable Laws & Policies

Americans with Disabilities Amended Act (ADAAA)

Under Section 504 of the Vocational Rehabilitation Act of 1973, the ADA Amendments Act of 2008 (ADAAA), and Title II, Colorado Mountain College will implement procedures that ensure equal access to educational opportunities for all persons with disabilities. It is the student’s responsibility to provide appropriate documentation of disabilities. Reasonable accommodations will be provided based on the College’s evaluation of the documentation. With accommodations, students are required to meet the College’s academic standards. Access Coordinators are available to work with students.

Appropriate Use of Technology Statement

Colorado Mountain College owns and operates a variety of technology and telecommunications equipment, systems, networks, and resources which are provided for use by faculty, students, and staff in support of the programs and mission of the College, and are to be used only for education, instruction, administration, public service and other purposes related to the mission of the College. Commercial uses are prohibited.

Use of the College’s technology and telecommunications resources is not a right, but a privilege, much like the privilege of using CMC libraries. All users of college technology resources are expected to use those resources responsibly, ethically, efficiently, and professionally consistent with all applicable laws and policies. Violation of these policies may be grounds for loss of privileges, disciplinary action under other college policies, or legal sanctions under federal, state and local laws.

Please see the 3-7 Computers and Telecommunications Policy for further information. 

Copyright Infringement Information

Colorado Mountain College is committed to compliance with the laws and preservation of the rights of copyright owners and users of copyrighted materials. Copyright infringement is the act of exercising, without permission or legal authority, one or more of the exclusive rights granted to the copyright owner under section 106 of the Copyright Act (Title 17 of the United States Code). These rights include the right to reproduce or distribute a copyrighted work. In the file-sharing context, downloading or uploading substantial parts of a copyrighted work without authority constitutes an infringement. As outlined in CMC’s Student Code of Conduct, unauthorized distribution of copyrighted material, including unauthorized peer-to-peer file sharing, or any other violations of copyright laws may be grounds for disciplinary action up to and including suspension or termination from the College and may subject the student to civil and criminal liabilities. Reports of copyright infringement should be submitted through CMC Cares and will be promptly processed by the appropriate administration. In general, anyone found liable for civil copyright infringement may be ordered to pay either actual damages or statutory damages affixed at not less than $750 and not more than $30,000 per work infringed. For “willful” infringement, a court may award up to $150,000 per work infringed. A court can, at its discretion, also assess costs and attorneys’ fees. See Title 17, United States Code, Sections 504, 505. Willful copyright infringement can also result in criminal penalties, including imprisonment of up to five years and fines of up to $250,000 per offense. For more information, please see the U.S. Copyright Office website.

Complaint Processes

The goal of complaint processes at Colorado Mountain College (CMC) is to respond to students promptly, provide information that answers the student’s questions and concerns, and come to a resolution agreeable to the student and the college. The College has established the following formal and informal processes to be followed depending on the type of complaint:

1. CMC Code of Student Conduct or Policy Violation

See CMC Code of Conduct and Adjudication Process.

2. Credit Transfer Questions and Complaints

If you are denied transfer credit after meeting the requirements, please contact your college transfer advisor for policies and procedures. See the Colorado Department of Higher Education page for more details. 

3. Disability-Related or Discrimination Complaint Procedure

See the Discrimination Complaint Procedure for concerns, inquiries, or specific complaints of alleged discrimination or non-compliance with state or federal regulations.

4. Financial Aid Appeal

See CMC’s Financial Aid Policies page for more information.

5. Grade Appeal

See CMC’s Academic Catalog and Registrar’s page for details and forms. 

6. Other Complaints

Complaints unrelated to the processes noted above may utilize a process outlined in the Discrimination Complaint Procedure.

7. Sexual Harassment and Sexual Misconduct Reporting and Grievance Procedure

See the Title IX Sexual Harassment and Misconduct Policy and Procedure.

Discrimination Complaint Procedure

CMC expressly prohibits any prohibited discrimination carried out by employees, students or third parties. The College will take steps to prevent the recurrence of such conduct and correct its discriminatory effects on the complainant and others. To that end, the College will follow reporting, investigation, and grievance procedures in substantially the form outlined in the 5-A Procedures for Investigation of Discrimination Complaints (does not include Sexual Misconduct Complaints) and summarized below.

Students with a disability-related concern are encouraged to first discuss their complaint or issue with the campus Access Coordinator. Most disability-related issues or complaints about accommodations, services, faculty, staff, other campus departments, programs or facilities are generally resolved at this level. A student may bypass the campus level and initiate the College Discrimination Complaint process by filing a disability-related complaint.

Discrimination and other complaints may be filed using the CMC Cares system. Whether or not in writing, complaints may be submitted directly to:

Lisa Doak
Title IX Coordinator, ADA Officer
ldoak@coloradomtn.edu
(970) 947-8351
802 Grand Avenue
Glenwood Springs, Colorado 81601

A discrimination complaint includes the following information:

• Details of the specific incident(s), occurrence(s), decision(s), and other factual matters believed to constitute unlawful discrimination, harassment, or retaliation;
• Name of the individual, department, committee, or other body whom the complainant believes to have engaged in prohibited behavior;
• A brief statement describing the resolution, relief, or action requested by the complainant; and
• Signature of the complainant.

Please see the full details of CMC’s 5-A Procedures for Investigation of Discrimination Complaints. 

Contact Information and Resources

Colorado Mountain College does not discriminate on the basis of age, color, disability, gender identity, marital status, national or ethnic origin, political affiliation, race, religion, sex (including pregnancy), sexual orientation, veteran status, and family and genetic information, in its programs and activities as required by Title IX of the Education Amendments of 1972, Title II of the Americans with Disabilities Act of 1990, as amended, Section 504 of the Rehabilitation Act of 1973, Titles VI and VII of the Civil Rights Act of 1964, the Age Discrimination Act of 1975, and as provided in other applicable statutes and college policies. The College prohibits sexual and gender-based harassment, including sexual assault, and other forms of interpersonal violence.

Student Inquiries

The following person has been designated to serve as the overall coordinator of student inquiries under Title IX, the Disabilities Act, the Rehabilitation Act, and other college policies prohibiting discrimination:

Lisa Doak
Title IX Coordinator
ldoak@coloradomtn.edu
(970) 947-8351
802 Grand Avenue
Glenwood Springs, Colorado 81601

Employee Inquiries

The following person has been designated to handle employee inquiries regarding the Americans with Disabilities Act, the Rehabilitation Act, and other employee complaints of unlawful discrimination other than Title IX matters:

Angela Wurtsmith
Executive Director of Human Resources
awurtsmith@coloradomtn.edu
(970) 947-8311
802 Grand Avenue
Glenwood Springs, Colorado 81601

Employee inquiries under Title IX should be directed to the Title IX Coordinator listed under Student Inquiries above.

Other Resources

Office for Civil Rights, U.S. Department of Education, Cesar E. Chavez Memorial Building, 1244 Speer Boulevard, Suite 310, Denver, CO 80204-3582, Telephone: (303) 844-5695 or email OCR.Denver@ed.gov.

Colorado Department of Higher Education, 1600 Broadway, Suite 2200, Denver, CO 80202, Telephone: (303) 862-3001.

U.S. Equal Employment Opportunity Commission, Denver Field Office, 950 17th Street, Suite 300, Denver, Colorado 80202, Telephone 1(800) 669-4000.

Colorado Civil Rights Division, 1560 Broadway, Suite 825, Denver, Colorado 80202, Telephone (303) 894-2997 or email DORA_CCRD@State.co.us.

Drug and Alcohol Use/Abuse Prevention Program

Colorado Mountain College complies with the Drug-Free Schools and Communities Amendments of 1989 (PL 101-226 in Federal Law). The College adopts the following drug and alcohol abuse prevention program:

1. Standards of conduct
   Students and employees shall not engage in the unauthorized or unlawful use, possession, manufacture, distribution, or dispensation of alcohol and/or illicit drugs on college property or as part of college courses or activities. Although possession and use of marijuana is no longer a crime in the State of Colorado, the possession and use of marijuana remain illegal under federal law. Consistent with federal law, including the Controlled Substances Act and the Drug-Free Schools and Communities Act, the use and/or possession of marijuana continues to be prohibited while a student or employee is on college property, including residence halls or as part of college courses/activities.
2. Penalties that the College may impose
   Students and/or employees who violate the above standard of conduct will be subject to disciplinary action under employee and student disciplinary policies. The sanctions include but are not limited to a requirement to complete an appropriate rehabilitation or re-entry program; suspension from college housing; expulsion from the College or termination of employment; and/or referral to authorities for prosecution. See Student Amnesty for Alcohol and Drug Emergencies.
3. Legal sanctions that may be imposed by law enforcement agencies
   The unauthorized or unlawful possession, use, or distribution of illicit drugs or alcohol may subject the individual to specific penalties. The penalties include the imposition of a citation and a fine to a jail term. Any student or employee who is convicted of the unlawful possession, use of, or distribution of illicit drugs or alcohol is subject to criminal penalties under local, state and federal law. The exact penalty depends upon the nature and severity of the individual offense and the municipality where the event occurred.
4. Health risks associated with the use of illicit drugs and alcohol abuse
   Health risks associated with drugs and alcohol include but are not limited to malnutrition, brain damage, heart disease, pancreatic disease, cirrhosis of the liver, mental illness, death, low birth weight babies and babies with drug addictions.
5. Available counseling, treatment, rehabilitation, or re-entry program
   Counseling, treatment, rehabilitation, or re-entry program information can be procured from the Campus Vice President or designee at each campus.

Family Educational Rights and Privacy Act (FERPA)

The Family Educational Rights and Privacy Act (FERPA) (20 U.S.C. § 1232g; 34 CFR Part 99) is a federal law that protects the privacy of the student’s permanent educational records. Details of this act and the College’s related policies may be found in the current Academic Catalog.

Marijuana/Cannabis/THC Information

Under the Drug-Free Schools and Communities Act, Colorado Mountain College is required to maintain a drug-free community to receive federal education funding. At the federal level, Marijuana/cannabis/THC, in all forms, remains an illicit drug and is prohibited from being possessed, consumed, distributed, or produced on campus.

The intent of defining marijuana/cannabis/THC within the policy is to recognize the unique context of its use. Marijuana/cannabis/THC, within the College policy, refers to all parts of the plant Genus Cannabis L., whether growing or not; the seeds thereof, and every compound, manufacture, salt, derivative, mixture, or preparation of the plant or its seeds, containing tetrahydrocannabinol (THC) and/or utilized as a psychoactive substance. It includes products such as resin, wax, butter/budder, shatter, taffy, etc. Commonly acknowledged marijuana/cannabis/THC paraphernalia is defined as equipment, products, or materials of any kind intended for use to plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, test, analyze, pack, repack, store, contain, conceal, ingest, inhale, or otherwise introduce into the human body.

Residents who engage in marijuana/cannabis/THC, drugs, or controlled substance activities on- or off-campus and who are disruptive and/or noticeably under the influence by odor, sight, or sound in the building or when they return to the residence hall or other campus property, may be held responsible for a Code of Conduct violation. If staff members become aware of any physical evidence of drugs, or drug paraphernalia, or have “sufficient reason” to believe that a policy violation is occurring or has occurred, the room may be searched and items will be confiscated.

Physical evidence of marijuana/cannabis/THC, drugs or drug paraphernalia on college premises is prohibited. Items will be confiscated and will not be returned. Law enforcement may be contacted.

Additionally, in the interest of public health and the safety of our residents, the College prohibits the possession and consumption of legal or illegal substances not intended for human consumption, experimental drugs, incense, bath salts, and mind-altering plants, including “K-2/Spice,” and “Salvia” and other substances used to induce intoxication or impairment.

Additional information is available in the Residence Hall Handbook.

Parking on Campus

All students are expected to register their vehicle (plated and unplated) as necessary for their respective campus and park in the appropriate/designed lot. Students are responsible for complying with posted parking and traffic signs on campus. Violations for improper parking may result in warnings, disciplinary action, fines added to the student account or towing of the vehicle.

Student Amnesty for Alcohol and Drug Emergencies

Colorado Mountain College is committed to ensuring a student’s health, safety and well-being. To that end, the College seeks to reduce barriers for students who may need to seek emergency assistance for themselves or others when alcohol or other drugs may be involved. Any student who actively seeks to contact a member of the college staff or certified emergency medical personnel to report incidents of domestic violence, dating violence, stalking, sexual assault, or a medical emergency when their or another person’s health or safety may be in jeopardy will not be referred to the student conduct process as it relates to alcohol or other drugs.

Students that commit other college or criminal violations (e.g., vandalism, disorderly conduct, possession of false identification, sale to minors, etc.) associated with the incident may be referred to the student conduct process. No part of this policy will preempt any civil or criminal charges/proceedings brought forth by non-college parties. While individuals who invoke the medical amnesty policy for themselves or another student will not be referred to the student conduct process as it relates to alcohol or other drugs, individuals may be required, depending on the circumstances, to complete educational and/or health requirements as deemed necessary by the Office of Student Life and Housing or the Assistant or Associate Dean for Student Affairs. These educational and/or health requirements may include but are not limited to, an online or in-person educational program, a substance abuse evaluation, independent treatment as warranted, and/or appropriate follow-up with internal or external agencies. Students who fail to complete required programs will be charged with violating the Student Code of Conduct. Students are allowed to invoke this policy as needed proactively; however, repeated use of the policy may require further action by the College to ensure a community member’s health, safety and well-being. This policy applies only when a person provides the first notification for an emergency, and its use retroactively would be contrary to the policy’s intent.

Title IX Sexual Harassment and Sexual Misconduct Policy and Procedure

Colorado Mountain College strives to create and maintain a study and work environment that is fair, humane, and responsible so that each member of the College community is treated with dignity and rewarded for such relevant considerations as ability and performance. CMC’s Sexual Misconduct policy and procedures define expectations for appropriate conduct and outline a resolution process to address conduct that does not meet these expectations. When allegations of this nature are reported, and a student or employee is found to have violated CMC policy, sanctions will result and may include expulsion or separation from CMC. All members of the CMC community are expected to not infringe upon the rights of others.

Complete Title IX Sexual Misconduct information is available on the Basecamp Title IX - Sexual Assault - Sexual Misconduct page, 3-12 Sexual Misconduct Policy, 3_A Sexual Misconduct Procedure and 3_B Investigation of Title IX Sexual Harassment Procedure. 

How to Report

​You may pursue reporting to any or all of the following:

1. Title IX Coordinator/Deputy Title IX Coordinators**
2. College Counselor*
3. CMC staff member**
4. Local law enforcement**
5. CMC Cares‡

*To Discuss Confidentially 
CMC College counselors are designated confidential advocates providing support, resources and reporting options and can assist in contacting law enforcement and medical facilities. Community advocacy centers are also confidential and have no duty to report information to CMC. In some circumstances, confidential resources are legally required to share information if someone presents an imminent threat or danger to themselves or others.

**Non-Confidential Reporting 
Students may choose to talk to a staff member; all CMC employees other than College Counselors are considered to be “responsible employees” which requires them to provide notice to the Title IX Coordinator including identifying information as shared with them.

You may also non-confidentially report to your local law enforcement.

‡Anonymous Reporting
CMC uses CMC Cares, an online reporting tool, that allows students, parents, and the general public to report non-emergent issues of concern. All reports received through CMC Cares remain private and are processed on most weekdays between 8-5 pm. 

Contact Information for Title IX Inquiries or Complaints

Reports, complaints, or inquiries regarding possible Sexual Misconduct or application of Title IX may be referred to the College’s Title IX Coordinator, any Deputy Title IX Coordinator or to the U.S. Department of Education’s Office for Civil Rights.

The following person has been designated to serve as the overall coordinator of student inquiries under Title IX, the Disabilities Act, the Rehabilitation Act and other College policies prohibiting discrimination:

Lisa Doak
Title IX Coordinator
ldoak@coloradomtn.edu
(970) 947-8351
802 Grand Avenue
Glenwood Springs, Colorado 81601

Students also may contact the following persons who have been designated as Deputy Title IX Coordinators:

Aspen and Carbondale campuses
K Cesark, Associate Dean of Academic & Student Services, kcesark@coloradomtn.edu, (970) 236-0446 extension 2446

Breckenridge and Dillon campuses
Nicole Fazande Larson, Associate Dean of Academic & Student Services, nfazande@coloradomtn.edu, (970) 968-5805 extension 2805

Leadville and Salida campuses
Evan Weatherbie, Assistant Dean of Student Affairs, eweatherbie@coloradomtn.edu, (970) 486-4290

Rifle Campus
Jennifer Boone, Assistant Dean of Student Affairs, jboone@coloradomtn.edu, (970) 625-6928

Spring Valley and Glenwood Springs campuses
Lisa Runck, Associate Dean for Student Affairs, lrunck@coloradomtn.edu, (970) 947-8212

Steamboat Springs campus
Sean Griffin, Associate Dean for Student Affairs, smgriffin@coloradomtn.edu, (970) 870-4463

Vail Valley at Edwards campus
Paula Hauswirth-Cummings, Associate Dean of Academic & Student Services, pcummings@coloradomtn.edu, (970) 569-2922

The Office for Civil Rights contact information is:
Office for Civil Rights, U.S. Department of Education, Cesar E. Chavez Memorial Building, 1244 Speer Boulevard, Suite 310, Denver, CO 80204-3582. Telephone: (303) 844-5695, or email OCR@ed.gov. 

Tobacco Policy

Colorado Mountain College is responsible to its employees and students for providing a safe and healthful environment. CMC has initiated a tobacco and smoking use policy that specifies:

Each campus and center will identify designated smoking areas. Smoking will be limited to these designated areas only. All smoking areas shall be clearly marked with signs.

Colorado Mountain College locations in Breckenridge, Dillon and Rifle are tobacco-free. This means the use of tobacco products is prohibited at these locations.

Use of Surveillance Equipment for Security Purposes

The College presently utilizes video surveillance as a security measure for public portions of its various campuses. The College expects to issue college-wide procedures for the installation and operation of electronic surveillance equipment and include specific procedures for placing, operating, and monitoring electronic surveillance equipment, including surveillance cameras, software, computers, and servers in accordance with the procedures. Electronic surveillance equipment will only be utilized on public portions of the campus or in non-public areas requiring enhanced security measures. When appropriate, cameras may be placed campus-wide, inside and outside buildings.

Campus procedures will include restrictions to avoid abuse or violation of legitimate privacy interests and specify legitimate needs for safety and security. Signage shall be placed in areas where video surveillance is taking place to advise the public of its presence and whether monitoring includes video, audio or both. All video data storage will be by digital means. Stored surveillance data will be retained for a specified period, depending on storage availability, unless the data is part of an ongoing investigation. Unless otherwise required by law, access to stored surveillance data will be limited to designated CMC employees, law enforcement authorities, judicial officers and other personnel with a legitimate need.