Student’s Rights and Responsibilities

Guide to the Rights, Responsibilities & Code of Student Conduct

The Student Affairs Office has prepared the Guide to Students’ Rights, Responsibilities, and 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 Colorado Mountain College 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.

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; contact information for coordinators is below.

Contact information for College Access, Inclusion & Disability Services follows.

Aspen, Carbondale, Glenwood Springs,
& Spring Valley
Dan Hammon
jdhammon@coloradomtn.edu
970-947-8256

Breckenridge & Dillon
Andrew Pyrc
apyrc@coloradomtn.edu
970-986-5816

Vail/ Eagle Valley
Jan Abbott
jlabbot@coloradomtn.edu
970-569-2975

Leadville & Salida
Jen Speight
jgspeight@coloradomtn.edu
719-486-4200 ext 4203

Rifle
Jennifer Boone
jboone@coloradomtn.edu
970-625-6928

Steamboat Springs
Elisha Colson
ecolson@colordomtn.edu
970-870-4450

Online Learning         
Contact the closest campus to the student’s residence.

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, administration 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 in a responsible, ethical, efficient, and professional manner 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.

Complete details of the Appropriate Use of Technology Statement and the Computer and Telecommunication policy may be obtained through the Campus Vice President, designee, Advisor, or College Counselor at your campus.

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 website of the U.S. Copyright Office at https://copyright.gov.

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. Additional information is available at https://highered.colorado.gov/filing-student-complaint.
3. Disability-Related or Discrimination Complaint Procedure
   See 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 Financial Aid Appeal Procedure under Policies on the Financial Aid web page.
5. Grade Appeal
   See Grade Appeal procedure.
6. Other Complaints
   Complaints unrelated to processes noted above may utilize a process outlined in the Discrimination Complaint Procedure.
7. Sexual Harassment and Sexual Misconduct Reporting and Grievance Procedure
   See Sexual Misconduct Policy and Procedure and Sexual Harassment Procedure.

Discrimination Complaint Procedure

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.

Disability-related or discrimination complaints, whether or not in writing, may be submitted to Lisa Doak, Assistant Vice President for Student Services, who serves as the ADA Officer at 802 Grand Avenue, Glenwood Springs, CO 81601, or ldoak@coloradomtn.edu, 970-947-8351. See the Discrimination Complaint Procedure below; contacts and resources are at the end of this section.

The College 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 CMC Procedures for Investigation of Discrimination and summarized below.

The College’s Title IX Coordinator will administer student discrimination complaints. (Disability complaints may be submitted, whether or not in writing.) A discrimination complaint includes the following information:

signed by the grievant or complainant;

describe in detail the specific incident(s), occurrence(s), decision(s), and other factual matters believed to constitute unlawful discrimination, harassment, or retaliation;

name as the respondent(s) the individual, department, committee, or other body whom the complainant believes to have engaged in prohibited behavior; and

include a brief statement describing the resolution, relief, or action requested by the complainant.

Notifications

The responsible administrators shall broadly disseminate written notice of the college’s policy of nondiscrimination in its publications, websites, handbooks, and other locations to reach the broadest possible audience, including students, employees, and vendors.  Such notice shall include contact information for the responsible administrators identified above.

Retaliation

The College prohibits retaliation against individuals who engage in the protected activity of filing a complaint, reporting prohibited discrimination, or participating in an investigation or complaint.  Retaliatory action is a basis for a separate complaint under the College’s Nondiscrimination Policy and accompanying procedures. It can lead to the same sanctions as may be imposed for findings of prohibited discrimination.  Retaliation complaints can be pursued against individuals who did not engage in discrimination but instead retaliated against complainants, witnesses, or others involved in an investigation or complaint.

Reporting, Investigation, and Grievance Procedures

The College 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 set forth below in response to complaints of such discrimination.  These procedures will replace any student conduct code or employee grievance procedures unless the College determines, at its discretion, that another procedure should be used to resolve a particular matter.  The College may, at its discretion, modify its investigation and grievance procedures to promote full and fair resolution of complaints regarding prohibited discrimination in accordance with applicable law.

Reporting Prohibited Discrimination

An individual with questions or a possible complaint of prohibited discrimination should contact the appropriate College official set forth above under “Administration of Complaints.”  Current contact information for these officials is outlined in an Addendum to these Procedures.

Any employee or student who is found to have made an intentionally false or malicious report or complaint of sexual harassment or retaliation may be subject to corrective or disciplinary action, up to and including termination or expulsion.

Informal Resolution Process

Discrimination or other complaints alleging violation of College Policy may be resolved using an informal resolution process overseen by one or more College representatives if (i) the College determines, in its discretion, that such a process would be appropriate; and (ii) all parties agree to participate in the informal resolution process and agree to a resolution.  The College may provide mediation, using trained mediators, between the involved parties and coordinate other informal and voluntary resolution measures.  Any party may request that the informal resolution process be terminated at any time, at which time the formal resolution process (described below) commences. In addition, any party can initiate the formal resolution process if the party is dissatisfied with a proposed informal resolution.

Investigations and Formal Resolution Process

The College will initiate a formal resolution process in any matter where the informal resolution process is not available or when the College deems it appropriate.

• Following a report of a violation of College Policy involving prohibited discrimination by an employee, the Director of Human Resources, or a designee, will review the complaint to determine whether the conduct may be a violation, and also may investigate to determine whether or not the conduct occurred and, if the conduct occurred, what actions should be taken by the College.
• Following a report of a violation of College Policy involving prohibited discrimination by a student, the College employee designated in the Student Handbook, or a designee, will review the complaint to determine whether the conduct may be a violation, and also may investigate to determine whether or not the conduct occurred and, if the conduct occurred, what actions should be taken by the College.

In all cases, a formal investigation will include the following steps:

Promptly following a report as described above, any employee or student suspected or accused of violating College Policy 5.4 or 6.1 will be provided with a written explanation indicating that an investigation has commenced, a description of the alleged actions or conduct leading to the investigation, and the specific policy provisions that relate to the alleged violation.

The College will commence the investigation as soon as is practicable under the circumstances, using all reasonable efforts to complete its investigation within 60 days of the filing of a complaint or within 60 days of the date on which the College becomes aware of suspected discrimination or harassment, subject to any factors which delay the investigation beyond the College’s control.  As part of the investigation, the College will establish a timeframe for how long it will take to issue a written outcome of the complaint by scheduling dates for a hearing, completion of the initial investigation, completion of the investigation report, final decision-making and/or determination of sanctions.

The nature and extent of the investigation will vary depending upon the circumstances, including whether the parties are amenable to pursuing an informal resolution if appropriate.  The person designated as an investigator for any complaint (the “Investigator”) will conduct fact-finding, review of written and other evidence, and witness interviews.  The Investigator will interview both the complainant and the respondent and allow both parties to provide information regarding the complaint.  To help ensure a prompt and thorough investigation, the complainant and the respondent may be required to provide as much information as possible relating to the conduct, including the individuals involved, all relevant details and circumstances pertaining to the conduct, names of witnesses, and any other information that the complainant or the respondent believes to be relevant to the investigation.  As appropriate, the Investigator will interview witnesses with pertinent information.

Complainants and respondents will be provided with the following procedural protections in connection with the resolution of suspected or alleged violations of college nondiscrimination policies:

• 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 opportunity to identify witnesses who can provide information about the alleged conduct at issue.
• The right to bring a victim advocate or advisor of the respondent or complainant’s choice to all phases of the investigation and campus conduct proceeding, provided that such advisor does not directly participate in the investigation, interviews, or other proceedings.
• The opportunity to speak, ask questions, or present witnesses and other evidence on their own behalf.  Questions may be posed to the Investigator, but cross-examination by either the complainant or the respondent will not be permitted.
• The right to be informed of the outcome of the investigation.
• The opportunity to appeal the outcome of the investigation.

At the conclusion of the investigation, the Investigator will prepare a written report summarizing the investigation and findings.  The Investigator will include in the report findings of facts based solely on the evidence presented at the hearing.

The official designated by the College as the Decision-Maker for purposes of the investigation will review the Investigator’s report and determine whether a violation of policy has occurred.  The standard used to determine whether the respondent has violated College Policies 5.4 or 6.1 is whether it is more likely than not that the respondent has engaged in behavior prohibited by the Policy.  This is often referred to as a “preponderance of the evidence” standard.  For purposes of both the investigation and decision-making process, the College will strive to be complete, thorough, and impartial, basing all decisions on evidence and information determined to be reliable.

Sanctions and Corrective Actions

If at the conclusion of the investigation, the College Decision-Maker determines that it is more likely than not that a violation of a College’s nondiscrimination policy has occurred, they will, in consultation with student affairs and/or human resources representatives, determine what, if any, sanctions or corrective actions are appropriate.  The range of potential sanctions 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 College.  Employees may be subject to corrective actions including disciplinary action up to and including termination.  Guests and other third parties who are found to have violated a College nondiscrimination policy are subject to action deemed appropriate by the College, which may include removal or exclusion from the College, termination of any applicable contractual or other arrangements with the College and any other remedies available through law or equity. In instances where the College is unable to take disciplinary or other corrective action in response to a violation of a nondiscrimination policy because a complainant requests confidentiality or for some other reason, the College will nonetheless pursue other steps to limit the effects of the misconduct at issue and prevent its recurrence.

Interim Measures

The College reserves the right to provide appropriate interim measures to address both parties’ safety and well-being prior to the investigation’s final outcome.  The College may temporarily suspend any member of the College community suspected or accused of violating a College nondiscrimination policy or take any other interim measures the College deems appropriate.  The College will provide a written explanation of assistance and accommodation options to each complainant.  Such interim measures may include, but are not limited to, removing or relocating a student from campus housing, modifying course schedules, and imposing a “no contact” requirement.  Any such interim measures will be taken to minimize the burden on the complainant to the extent possible.  The College will take reasonable steps to prevent the recurrence of any prohibited discrimination, including retaliation, and to correct discriminatory effects on the complainant and others.

Right to Appeal

Either the complainant or the respondent may appeal, provided that the grounds for any appeal shall be limited to one of the following:

• The established procedures were not followed in a significant way and, as a result, the factual findings, the sanction, or both, were not correct.
• The severity of the sanction imposed was not appropriate based on the nature of the violation or the circumstances.
• The discovery of new evidence unavailable during the original hearing or investigation, which could substantially impact the original finding or sanction.  A summary of the new information must be included with the student’s request for appeal.

The President’s decision on whether or not to overturn or modify the outcome shall be solely based on the grounds for appeal listed above. Neither party shall be entitled to a hearing concerning any appeal, but the President may request written submissions from the parties or consider any other information as deemed appropriate.  If the President cannot resolve the appeal for any reason, the College will designate another representative to decide the appeal.  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 President determines that additional time is required.

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

U.S. Department of Education, Cesar E. Chavez Memorial Building, 1244 Speer Boulevard, Suite 310, Denver, CO 80204-3582, Telephone: 303-844-5695, OCR.Denver@ed.gov, https://www2.ed.gov/about/offices/list/ocr/complaintprocess.html

• Colorado Department of Higher Education, 1600 Broadway, Suite 2200, Denver, CO 80202, Telephone: 303-862-3001, http://highered.colorado.gov
• U.S. Equal Employment Opportunity Commission, Denver Field Office, 950 17th Street, Suite 300, Denver, Colorado 80202, Telephone 800-669-4000, www.eeoc.gov/employees/howtofile.cfm
• Colorado Civil Rights Division, 1560 Broadway, Suite 825, Denver, Colorado 80202, Telephone 303-894-2997, DORA_CCRD@State.co.us, https://ccrd.colorado.gov/

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 site.

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 Colorado Mountain College Catalog.

1. FERPA gives students certain rights concerning their education records.
2. Students have the right to inspect and review their education records maintained by the school.
3. Students have the right to request that a school correct records they believe to be inaccurate or misleading.
4. Generally, schools must have written permission from the student to release any information from a student’s permanent record. However, FERPA allows schools to disclose those records, without consent, to specified individuals and agencies (34 CFR § 99.31):

• School officials with legitimate educational interest;
• Other schools to which a student is transferring;
• Specified officials for audit or evaluation purposes;
• Appropriate parties in connection with financial aid to a student;
• Organizations conducting certain studies for or on behalf of the school;
• Accrediting organizations;
• To comply with a judicial order or lawfully issued subpoena;
• Appropriate officials in cases of health and safety emergencies; and
• State and local authorities within a juvenile justice system, pursuant to specific state law.

Colorado Mountain College designates the following items as Directory Information: student name, dates of attendance, enrollment status, degrees, and awards received, activity and sport participation, and major. The college will disclose any of those items without prior written consent unless notified in writing to the contrary by the first official class meeting date of each term. This date is found in the college catalog. This notification of non-disclosure is good until rescinded, in writing, by the student.

Colorado Mountain College does not release lists of students for commercial use. The college does release lists of students, upon written request, to military recruiters in accordance with the Federal Solomon Amendment.

General Marijuana Information

Where can I consume marijuana legally?

Colorado Mountain College DOES NOT allow the possession or use of marijuana (medical or retail) on school property. Marijuana remains illegal under federal law and is addressed in the Student Handbook under the code of conduct.

Any person consuming marijuana off-campus, coming to the college under the influence, or having a distracting odor may be asked to leave the building. Students on campus having a distinct odor of marijuana may be questioned to determine if CMC policies have been violated on campus.

The open and public consumption of marijuana is not allowed in the following locations:

• Any public lands, grounds, or outdoor areas, such as public ways, streets, sidewalks, alleys, parking lots, or playgrounds
• Common areas of buildings usually open to the general public, and

Any other outdoor areas open to the general public.

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 (i.e., 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 Associate Dean of 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

1. Introduction

​CMC prohibits discrimination on the basis of sex in its education and employment programs and activities in furtherance of its inclusivity objectives, as detailed in College policies 1.1 (inclusivity) and 3.12, together with the college’s sexual misconduct procedure 3-A. This procedure is added in order to comply with the 2020 implementing regulations (34 C.F.R. Part 106) under Title IX of the Education Amendments of 1972 (20 U.S.C. §§ 1681-88).  The college has retained its policy and procedures relating to sexual misconduct so that certain conduct not covered by this Procedure may be prohibited under CMC’s sexual misconduct policy and procedure.

Inquiries regarding the application of Title IX and implementing regulations may be referred to the Title IX Coordinator identified in this Procedure, to the Assistant Secretary of the U.S. Department of Education, or both.

2. Definition

The following definitions apply throughout this Policy:

2.1. “Complainant” means an individual who is alleged to be the victim of conduct that could constitute Sexual Harassment.

2.2. “Decision-Maker” means the person, or group of persons, designated to make final decisions concerning findings of fact, determinations of responsibility for policy or procedural violations, or sanctions to be imposed upon any person who is determined to be responsible for engaging in prohibited conduct.  There may be more than one Decision-Maker.  For example, a hearing officer or panel may decide on final findings of fact along with recommendations to another Decision-Maker for final determinations of responsibility and sanctions.

2.3. “Education Program or Activity” includes locations, events, or circumstances over which the Institution exercised substantial control over the Respondent and the context in which the Sexual Harassment occurs, and any building owned or controlled by a student organization that the Institution officially recognizes.

2.4. “Formal Complaint” means a document filed by a Complainant or signed by the Title IX Coordinator alleging Sexual Harassment against a Respondent and requesting that the Institution investigate the allegation of Sexual Harassment.

2.5. “Mandatory Reporter” means an employee who is obligated under this Procedure to report instances of conduct that may constitute Sexual Harassment or Retaliation to the Title IX Coordinator.

2.6.”Party” means Complainant or Respondent.

2.7. “Respondent” means an individual who has been reported to be the perpetrator of conduct that could constitute Sexual Harassment or Retaliation.

2.8. “Retaliation” means intimidation, threats, coercion, or discrimination against any individual to interfere with any right or privilege secured by Title IX or its implementing regulations, or because the individual has made a report or complaint, testified, assisted, or participated or refused to participate in any manner in an investigation, proceeding, or hearing under this Policy.

2.9. “Sexual Harassment” means conduct on the basis of sex that satisfies one or more of the following:

2.9.1. An employee conditions the provision of an aid, benefit, or service of the Institution on an individual’s participation in unwelcome sexual conduct;

2.9.2. Unwelcome conduct determined by a reasonable person to be so severe, pervasive, and objectively offensive that it effectively denies a person equal access to the Institution’s Education Program or Activity; or

2.9.3. Sexual assault as defined in 20 U.S.C. § 1092(f)(6)(A)(v), dating violence as defined in 34 U.S.C. § 12291(a)(1), domestic violence as defined in 34 U.S.C. § 12291(a)(8), or stalking as defined in 34 U.S.C. 12291(a)(30).

2.10. “Supportive Measures” means non-disciplinary, non-punitive individualized services offered to the Complainant or Respondent, as further described in Section 5 below.

2.11. “Title IX Coordinator” shall be appointed by the college President & CEO from time to time.  As of the date of this Procedure, CMC’s Title IX Coordinator is Lisa Doak, ldoak@coloradomtn.edu, 970-947-8351, CMC Central Services Office, Student Affairs, 802 Grand Avenue, Glenwood Springs, CO, 81601. Information regarding non-discrimination may be found at https://coloradomtn.edu/notice-of-nondiscrimination/. For the purpose of this Policy, actions to be taken by the Title IX Coordinator may be completed by the Title IX Coordinator’s designee.

3. Jurisdiction/Applicability

3.1. The provisions of this Procedure apply to all conduct that is included within the definition of Sexual Harassment, or any reported instances of alleged Sexual Harassment, that occur while the Complainant is in the United States and is participating in, or attempting to participate in, an Education Program or Activity of the Institution.

4. Reports of Alleged Sexual Harassment

4.1. At any time, any person may report sex discrimination, including alleged Sexual Harassment (whether or not the person reporting is the person alleged to be the victim of sex discrimination), in person, by mail, by telephone, or by electronic mail to the Title IX Coordinator, or by any other means that results in the Title IX Coordinator receiving the person’s verbal or written report.

4.2. Any Mandatory Reporter who receives a report of alleged Sexual Harassment must promptly report the alleged Sexual Harassment to the Title IX Coordinator.

4.3. Upon receiving a report of alleged Sexual Harassment, the Title IX Coordinator will promptly:

4.3.1. Inform the Complainant of the method for filing a Formal Complaint.

4.3.2. Inform the Complainant of the availability of Supportive Measures with or without the filing of a formal complaint.

4.3.3. Offer Supportive Measures to the Complainant, the Respondent, or both, as detailed in Section 5 below.

5. Supportive Measures; Interim Actions

5.1. The Title IX Coordinator will ensure that Supportive Measures are offered to the Complainant and/or the Respondent as appropriate, as reasonably available, and without fee or charge to the Complainant or the Respondent. Supportive Measures may be offered before or after the filing of a Formal Complaint, or where no Formal Complaint has been filed.

5.2. The purpose of Supportive Measures is to restore or preserve equal access to the college’s Education Program or Activity without unreasonably burdening the other Party. Supportive Measures include measures designed to protect the safety of all Parties or the Institution’s educational environment, as well as measures designed to deter sexual harassment.

5.3. Supportive Measures may include, but are not limited to:

5.3.1. Referral to counseling, medical, or other health care services;

5.3.2. Referral to other community-based service providers;

5.3.3. Student financial aid counseling and academic advising;

5.3.4. Academic support, extensions of deadlines or other program- or course-related adjustments;

5.3.5. Modifications of work or class schedules;

5.3.6. Campus escort services;

5.3.7. Mutual restrictions on contact between the Parties;

5.3.8. Changes in work or housing locations;

5.3.9. Leaves of absence;

5.3.10. Safety planning;

5.3.11. Increased security and monitoring of certain areas of the campus, and

5.3.12. Other similar measures.

5.4. Supportive Measures do not include disciplinary sanctions against another person. The Formal Resolution Process, as detailed in Section 8 below, must be completed before disciplinary sanctions may be imposed on a Respondent.

5.5. CMC may suspend or temporarily remove a Respondent from its Education Programs or Activities on an emergency basis if the Title IX Coordinator:

5.5.1 Undertakes an individualized safety and risk analysis, performed by the Title IX Coordinator in conjunction with the Campus Student Care Support Team using its standard objective violence risk assessment procedures.

5.5.2 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; and

5.5.3 Provides the Respondent with notice and an opportunity to challenge the decision immediately following the removal.

5.6. CMC may place a non-student employee Respondent on administrative leave during the pendency of the Formal Resolution Process set forth in Section 8 below.

5.7. CMC will maintain as confidential any Supportive Measures provided to the Complainant or Respondent, to the extent that confidentiality would not impair the ability of the Institution to provide the Supportive Measures. The Title IX Coordinator is responsible for coordinating the effective implementation of supportive measures.

6. Fair and Equitable Process

6.1. No individual designated as a Title IX Coordinator, Investigator, Decision-Maker, Appeal Decision-Maker, or person designated to facilitate an informal resolution process may have a conflict of interest or bias for or against Complainants or Respondents generally or an individual Complainant or Respondent.

6.2. CMC will not make credibility determinations based on a person’s status as a Complainant, Respondent, or witness.

6.3. A Respondent is presumed not responsible for alleged conduct until a determination regarding responsibility is made at the conclusion of the Formal Resolution Process set forth in Part 8 below.

6.4. Throughout the processes described herein, the college will objectively evaluate all relevant evidence, including both inculpatory and exculpatory evidence.

6.5. The processes described herein are subject to the reasonably prompt timeframes stated. These timeframes may be extended for good cause upon written notice to the Parties setting forth the reason for such extension. Good cause may include considerations such as the absence of a Party, a Party’s advisor, or a witness; concurrent law enforcement activity; or the need for language assistance or accommodation of disabilities.

7. Informal Resolution Process

7.1 The informal resolution process is sometimes offered as a voluntary means of settling disputes without proceeding to the hearing described below.  Informal resolution may include, for example, early neutral evaluation, negotiation, conciliation, mediation, and arbitration.  Participation in an informal process is voluntary, and no party shall be required to engage in this alternative process.

Availability of Informal Resolution Process

7.2 The Title IX Coordinator may offer the informal resolution process to the Parties in certain circumstances after a formal complaint is filed and only if all Parties voluntarily consent, in writing, to the informal resolution process. At any time prior to agreeing to a resolution, any Party has the right to withdraw from the informal resolution process and resume the formal resolution process described below.

7.3 The informal resolution process is not available to resolve allegations of Sexual Harassment in which the Complainant is a CMC student and the Respondent is a CMC employee.

7.4 The informal resolution process, if available, may be implemented any time prior to reaching a determination regarding responsibility.

Notice of Availability

7.5 If the informal resolution process is available, the Title IX Coordinator will issue written notice to the parties disclosing:

7.5.1 The allegations;

7.5.2 The requirements of the informal resolution process, including the circumstances under which it precludes the Parties from resuming a Formal Complaint arising from the same allegations;

7.5.3 Any consequences resulting from participating in the informal resolution process, including the records that will be maintained or could be shared; and

7.5.4 That either Party may withdraw from the informal resolution process and resume the formal grievance process prior to agreeing to a resolution.

Timeframe

7.6. CMC will make a good faith effort to promptly complete the informal resolution process, without jeopardizing the rights of a Party.

Disposition of Grievance

7.7. After the Parties have agreed to a resolution that is accepted by the Title IX Coordinator, neither Party may appeal the resolution.

8. Formal Resolution Process

Formal Complaint

8.1. A Formal Complaint may be filed by a Complainant or by the Title IX Coordinator. A Formal Complaint may be brought to the attention of the Title IX Coordinator by contacting Lisa Doak, ldoak@coloradomtn.edu, 970-947-8351, CMC Central Services Office, Student Affairs, 802 Grand Avenue, Glenwood Springs, CO, 81601. Reports or complaints may also be submitted via CMC’s online reporting portal known as CMC Cares. Formal complaints require either digital or physical signatures. CMC will investigate the allegations in a formal complaint.

Dismissal

8.2. The Title IX Coordinator will dismiss a Formal Complaint, and no investigation will be conducted under this policy, if:

8.2.1. The conduct alleged in the Formal Complaint would not constitute Sexual Harassment even if proved; or

8.2.2. The conduct alleged in the Formal Complaint did not occur within the Jurisdiction/Applicability of the policy, as described in Section 3 above.

8.3. The Title IX Coordinator may dismiss a Formal Complaint, or any allegations therein, at any time during the investigation or hearing, if:

8.3.1 The Complainant notifies the Title IX Coordinator in writing that the Complainant would like to withdraw the Formal Complaint or any allegations therein;

8.3.2 The Respondent is no longer enrolled or employed by the Institution; or

8.3.3. Specific circumstances prevent the Institution from gathering evidence sufficient to reach a determination as to the formal complaint or allegations therein.

8.4. The dismissal of a Formal Complaint does not preclude the college from conducting an investigation or taking action under CMC’s Sexual Misconduct policy or procedures, code of student conduct, anti-discrimination policies, or other applicable policies with regard to prohibited conduct that is not subject to this Procedure.

8.5. Upon dismissal of the Formal Complaint or any allegations therein, the Title IX Coordinator will promptly send written notice of the dismissal and the reasons therefore simultaneously to the Parties.

Consolidation

8.6. The Title IX Coordinator may consolidate Formal Complaints as to allegations of Sexual Harassment where the allegations of Sexual Harassment arise from the same facts or circumstances.

Timeframe for Conclusion

8.7. CMC will make a good faith effort to complete the formal resolution process, including the hearing but excluding appeals, reasonably promptly under the circumstances, without jeopardizing the rights of a Party.

Written Notice

8.8. Upon receipt of a Formal Complaint, the Title IX Coordinator will issue written notice of allegations to the Respondent and Complainant, if known. The written notice will be provided to each Party with sufficient time to prepare a response before any initial interview. The notice of allegations will include:

8.8.1. Notice of this Procedure and the processes within this Procedure, including the informal resolution process described above;

8.8.2. The identities of the Parties involved, if known;

8.8.3. The conduct allegedly constituting sexual harassment;

8.8.4. The date and location of the incident, if known;

8.8.5. A statement that the Respondent is presumed not responsible for the alleged conduct;

8.8.6. A statement that a determination regarding responsibility is made at the conclusion of the formal resolution process;

8.8.7. A statement that Parties may have an advisor of their choice, who may be, but is not required to be, an attorney;

8.8.8. A statement that Parties may inspect and review evidence;

8.8.9. A statement that knowingly making false statements or knowingly submitting false information during this process is prohibited.

8.9. If, during the course of an investigation, the Institution decides to investigate additional allegations about the Complainant or Respondent relating to the same facts or circumstances but not included in the earlier written notice, the Institution will provide notice of the additional allegations to the Parties whose identities are known.

Advisor

8.10. Each Party has the right to have an advisor of their choice, but Parties are not required to have an advisor. The advisor may be, but need not be, an attorney.

8.11. The advisor may be present at any proceedings that are part of the formal resolution process. If a Party wishes to have an advisor present at a proceeding, the college will work within reason to schedule the proceeding so the advisor may attend, without unreasonably delaying the progress of the formal resolution process. Except as described below, a Party’s advisor may not speak on behalf of the Party.

Investigation

8.12. CMC, and not the Complainant or the Respondent, has the burden of proof and the burden of gathering evidence sufficient to reach a determination regarding responsibility.

8.13. CMC cannot access, consider, disclose, or otherwise use a Party’s records that are made or maintained by a health care professional acting in their professional capacity, and which are made or maintained in connection with the provision of treatment to the Party, unless the Institution obtains that Party’s voluntary written consent to do so for the resolution process.

8.14. During the investigation, each Party has an opportunity to present witnesses and evidence to the Investigator.

8.15. The Investigator will provide, in advance and with reasonable opportunity to prepare, written notice of the date, time, location, participants, and purpose of any investigative interview or other meeting to any Party whose participation is invited or expected.

8.16. Prior to conclusion of the investigation, the Title IX Coordinator or Investigator will send to each Party and to each Party’s advisor, if any, all evidence obtained as part of the investigation, whether or not the Institution intends to rely on such evidence in reaching a determination regarding responsibility, that is directly related to the allegations raised in the Formal Complaint.

8.17. Each Party may submit a written response, which the investigator will consider prior to conclusion of the investigation and completion of the investigative report. The written response, if any, must be submitted to the Investigator by the deadline designated by the Investigator, which will be at least ten days after the Investigator sends the evidence to the Party, unless the deadline is extended for good cause.

8.18. The Investigator will create an investigative report that fairly summarizes relevant evidence. The Investigator must conduct an objective evaluation of all relevant evidence, including both inculpatory and exculpatory evidence.

8.19. At least ten days prior to the scheduled hearing, the Title IX Coordinator will send to each Party and to each Party’s advisor, if any, the investigative report.  Each Party may submit a written response to the report, which the Title IX Coordinator will submit to the hearing officer(s) for consideration at the hearing. The written response, if any, must be submitted to the Title IX Coordinator by the deadline designated by the Title IX Coordinator, unless the deadline is extended for good cause.

Hearing and Decision-Makers

General Conduct of the Hearing

8.20. The hearing officer, if acting alone, or the hearing panel, if more than one hearing officer is appointed, shall conduct a live hearing, either in-person or remotely. Prior to the hearing, the hearing officer(s) will review the investigative report and the written responses provided by the Parties, if any.

8.21. The hearing may occur in person or virtually, at the discretion of the hearing officer or panel. If either Party submits a request no later than three days prior to the scheduled hearing, the hearing will occur virtually in a manner allowing the participants to simultaneously see and hear the party or witness answering questions.

8.22. Hearings will be recorded.  The recording will be available to the Parties for inspection and review.

Standard of Evidence; Relevance

8.23. The determination of responsibility will be made by the hearing officer(s) using the preponderance of the evidence standard.

8.24. In making a determination of responsibility or sanctions, the hearing officer(s) may only consider relevant evidence. Relevant evidence is evidence having any tendency to make the existence of any fact that is of consequence to the determinations to be made more probable or less probable than it would be without the evidence.

8.25. Hearing officers will not consider:

8.25.1. Evidence about the Complainant’s sexual predisposition or prior sexual behavior, except that hearing officers may consider:

8.25.1.1. Evidence about the Complainant’s prior sexual behavior, when offered to prove that someone other than the Respondent committed the conduct alleged by the Complainant; or

8.25.1.2. Evidence concerning specific incidents of the Complainant’s prior sexual behavior with respect to the Respondent, when offered to prove consent.

8.25.2. Any statement of a Party or witness, if the Party or witness does not submit to cross-examination at the hearing, in reaching a determination regarding responsibility.

8.25.3. Hearing Officers will not draw an inference about the determination regarding responsibility based solely on a Party’s or witness’s absence from the hearing or refusal to answer cross-examination or other questions.

8.25.4. Information protected under a legally recognized privilege, unless the person holding such privilege has waived the privilege.

8.26. Hearing officers must conduct an objective evaluation of all relevant evidence, including both inculpatory and exculpatory evidence. Credibility determinations may not be based on a person’s status as a Complainant, Respondent, or witness.

Witness Examination

8.27. Hearing officers will allow each Party’s advisor to examine witnesses upon request by the Party. Cross examination may not be conducted by either Party. Cross-examination may only be conducted by an advisor acting on a Party’s behalf.

8.28. If a Party wishes to ask cross examination questions of a Party or witness and does not have an advisor, the college will select and provide an advisor to the Party, free of charge, for the limited purpose of conducting cross examination.

8.29. Only relevant cross-examination questions may be asked of a Party or witness. Before a Party or witness answers a question, hearing officers will determine whether the question is relevant and explain any decision to exclude a question as not relevant.

Remedies/Sanctions

8.30. The college will, from time to time, allocate decision-making responsibilities among one or more persons, including non-employee professionals.  The responsibilities to be allocated include findings of fact, determinations of responsibility, or determinations of sanctions.  Such allocations will be determined prior to or upon receipt of a complaint that may require a formal hearing.

 8.31. Remedies are designed to restore or preserve equal access to the college’s Education Program or Activity. Remedies may be disciplinary or punitive and need not avoid burdening the Respondent. The Title IX Coordinator is responsible for the effective implementation of remedies.

8.32. If a Respondent is found responsible for Sexual Harassment under this Policy, potential sanctions include expulsion (permanent), suspension, probation, removal from employment at CMC, conditional employment, conditional enrollment, or other sanctions as determined appropriate by the sanction officer

Written Determination

8.33. After considering the investigative report, including any Party’s written responses to the investigative report and all relevant evidence presented at the hearing, one or more Decision-Makers will issue a written determination concerning the authority allocated by the college to such Decision-Makers. The Title IX Coordinator will provide the written determination simultaneously to the Parties.

8.34. The written determination will include:

8.34.1. Identification of the allegations potentially constituting Sexual Harassment.

8.34.2. A description of the procedural steps from the receipt of the Formal Complaint through the determination, including any notifications to the Parties, interviews, site visits, methods used to gather other evidence, and hearings held.

8.34.3. Findings of fact supporting the determination.

8.34.4. Conclusions regarding the application of college policy and legal requirements to the facts;

8.34.5. A statement of, and rationale for, the result as to each allegation, including:

8.34.5.1. A determination regarding responsibility;

8.34.5.2. Any disciplinary sanctions imposed on the Respondent;

8.34.5.3. Whether remedies will be provided to the Complainant; and

8.34.5.4. Procedures and permissible bases for the Parties to appeal.

8.35. The written determination becomes final five business days after it is sent to the Parties, unless an appeal is filed.

Appeal

Appealable Issues

8.36. Either Party may appeal:

8.36.1. Dismissal of a Formal Complaint or any allegations therein; or

8.36.2. A determination regarding responsibility.

8.37. No other issue may be appealed.

Bases for Appeal

8.38. A Party may only appeal on one or more of the following bases:

8.38.1. Procedural irregularity that affected the outcome of the matter;

8.38.2. New evidence that was not reasonably available at the time the determination regarding responsibility or dismissal was made, that could affect the outcome of the matter (the requirement of a basis for appeal is not satisfied simply because evidence was not presented during the proceedings, if the evidence was reasonably available at the time the determination was made); or

8.38.3. The Title IX Coordinator, Investigator, hearing officer, or Decision-Maker had a conflict of interest or bias for or against Complainants or Respondents generally, or the individual Complainant or Respondent, that affected the outcome of the matter.

Filing an Appeal

8.39. If a Party wishes to file an appeal, the Party must notify the Title IX Coordinator in writing no later than five business days after the notice of dismissal or written determination is sent to the Party. The written appeal must state with specificity the issues being appealed and the bases for the appeal as described above.

Timeframe for Completion of Appeal

8.40. CMC will make a good faith effort to complete the appeal within 15 business days. This timeframe for completion of appeal may be extended for good cause. If the timeframe is extended, the Title IX Coordinator will notify both Parties in writing of the delay or extension and the reasons for the delay or extension.

Appeal Procedure

8.41. After receiving a timely written appeal, the Title IX Coordinator will notify the Parties in writing:

8.41.1. That the appeal was filed; and

8.41.2. The process for submitting a written statement in support of, or challenging, the issues being appealed.

8.42. The appeal, including any written statements submitted by the Parties, will be considered by the Appeal Decision-Maker. The Appeal Decision-Maker may also consider the investigative report, including any Party’s written response to the investigative report, all relevant evidence presented at the hearing, and any recording or transcript of the hearing.

8.43. The Appeal Decision-Maker will issue a written determination of appeal, which will describe the result of the appeal and the rationale for the result. The Title IX Coordinator will simultaneously provide the written determination of appeal to the Parties. The result of the appeal is final.

9. Retaliation

9.1. Retaliation is prohibited. A report of alleged Retaliation may be made to the Title IX Coordinator in person, by mail, by telephone, or by electronic mail. Any Mandatory Reporter who receives a report of alleged Retaliation must promptly report the alleged Retaliation to the Title IX Coordinator.

Sexual Misconduct Procedure

The following is a summary of the College’s Policy and Procedures relating to Sexual Misconduct as of September 1, 2015. The college has revised its Policy and Procedures to implement 2020 Title IX Sexual Harassment Regulations (34 C.F.R. Part 106) included immediately before this procedure. Reports of sexual misconduct not covered under the 2020 Title IX Sexual Harassment procedure maybe adjudicated under the Sexual Misconduct Procedure. Persons wishing to review the current Title IX Sexual Harassment and Misconduct policies and procedures should contact the Title IX Coordinator at 970-947-8351. 

It is the policy of the College to provide an educational and employment environment free of unlawful discrimination or harassment. The College prohibits all forms of discrimination, including sexual misconduct by students, faculty, staff and other members of the College community, as well as contractors, consultants, and vendors doing business with or providing services to the College.

Sexual Misconduct Procedure

The College is committed to the prompt and equitable investigation of all Sexual Misconduct complaints or reports, with appropriate remediation where it has been determined that this Policy has been violated.

The College will appoint and support a Title IX Coordinator who is responsible for implementing and monitoring Title IX compliance on behalf of the College, providing oversight of the Deputy Title IX Coordinators for Title IX matters and for all other duties specified by Title IX or the College from time to time. Any inquiries regarding compliance with Title IX or enforcement of the Sexual Misconduct Policy should be directed to the Title IX Coordinator.

All of the College’s Responsible Employees, as designated by the College President, must inform the Title IX Coordinator of all reports and complaints raising Title IX issues unless the person who is reporting a Sexual Misconduct Policy violation (“reporting person”) requests confidentiality and the employee, because of the employee’s role as a confidential resource by law or designation as described below, can honor that request. Any other requests for confidential treatment of a complaint or report shall be directed to and handled by the Title IX Coordinator.

The College shall designate one or more Deputy Title IX Coordinators for each campus who are responsible for coordinating training, education, communications, and administration of the complaint and grievance procedures for Sexual Misconduct complaints on that campus.

Notifications

The Title IX Coordinator shall broadly disseminate written notice of the Sexual Misconduct Policy in its publications, websites, handbooks and other locations to reach the widest audience reasonably possible, including students, employees and vendors. Such notice shall include contact information for the Title IX Coordinator and Deputy Title IX Coordinators. The Title IX Coordinator also shall inform students and staff of College policy on Sexual Misconduct through live or recorded training sessions.

Definitions and Examples of Prohibited Conduct

For purposes of implementing the Sexual Misconduct Policy, the following definitions will apply:

Sexual Misconduct

Sexual Misconduct, a form of unlawful discrimination, encompasses all forms of prohibited sexual or gender-based conduct which unreasonably interfere 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, each of which is further described below.

Sexual Harassment

Sexual harassment is defined as an interaction between individuals of the same or differing gender that is characterized by unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature when:

• Submission to such conduct is made, either explicitly or implicitly, a term or condition of an individual’s employment, living conditions, educational evaluation, and/or ability to participate in a College activity; or
• Submission to or rejection of such conduct by an individual is used as the basis for tangible employment or educational decisions affecting such individual; or
• Such conduct has the purpose or effect of unreasonably interfering with an individual’s work or academic performance or participation in an activity, or creating an intimidating, hostile or offensive working or educational environment.

Hostile environment sexual harassment is unwelcome sexual conduct that is sufficiently severe or pervasive that it alters the conditions of education or employment and creates an environment that a reasonable person would find intimidating, hostile, or offensive. The determination of whether an environment is “hostile” is a fact-specific inquiry based upon subjective and objective factors of the circumstances. These circumstances could include the frequency of the conduct, its severity, and whether it is threatening or humiliating. A single instance of sexual assault can constitute a hostile environment.

Sexual harassment is not intended to include conduct or contact reasonably viewed as accepted forms of social or professional interaction.

Sexual Violence

Sexual violence includes all violent sexual conduct, whether or not the conduct leads to a criminal charge or conviction, or any physical sexual conduct perpetrated without consent, or when an individual is incapable of giving consent. This includes, but is not limited to, sexual contact of any kind without consent, rape, other physical assaults of a sexual nature, sexual battery or molestation, or attempts to commit any of these acts. Sexual violence can take the form of intentional physical conduct that is sexual in nature, such as touching (however slight) with any object a student’s breast, groin, genitals, mouth or other bodily part in a sexual or hostile manner, or disrobing or exposing a student without consent.

Domestic violence, dating violence, and stalking are forms of sexual violence expressly prohibited by the College.

• Domestic violence includes crimes of violence committed by a current or former spouse or partner of the impacted student, by a person with whom the impacted student shares a child in common or by a person who is cohabitating with or has cohabitated with the impacted student as a spouse or partner. Other persons capable of committing domestic violence are defined by Colorado statute, and any conduct by such persons that meets the statutory definition of domestic violence is prohibited.
• Dating violence is sexual violence committed by a person who is or has been in a social relationship of a romantic or intimate nature with the impacted student. The existence of such relationship shall be determined based on a consideration of the length of the relationship, the type of relationship and the frequency of interaction between the persons involved in the relationship.
• Stalking is engaging in a course of conduct directed at a specific person that would cause a reasonable person to fear for their safety or the safety of others, or suffer substantial emotional distress.

Consent

Sexual activity without consent is, by its nature Sexual Misconduct, and is often considered rape or attempted rape. Consent to sexual activity must be informed, known and voluntary. Consent is active, not passive. Silence, in and of itself, cannot be interpreted as consent. Sexual misconduct includes sexual activity with someone known, or who should be known, to be unable to give active consent due to age, alcohol or other drug use, unconsciousness or semi-consciousness, intellectual or other disability or other inability to give informed, knowing and voluntary consent to sexual activity.

Retaliation

The College prohibits retaliation against individuals who engage in the protected activity of filing a complaint or report of Sexual Misconduct or who participate in a Sexual Misconduct investigation or complaint. Retaliatory action is regarded as a basis for a separate complaint under the College’s Sexual Misconduct Policy and accompanying procedures and can lead to the same sanctions as may be imposed for findings of Sexual Misconduct. Retaliation complaints can be pursued against individuals who did not engage in Sexual Misconduct but instead retaliated against reporting persons, witnesses or others involved in a Sexual Misconduct investigation or complaint.

Reporting, Investigation, and Grievance Procedures

The College expressly prohibits any Sexual Misconduct carried out by employees, students, or third parties. The College will take steps to prevent recurrence of any Sexual Misconduct and correct its discriminatory effects on the reporting person and others. To that end, the College will follow reporting, investigation and grievance procedures in substantially the form set forth below in response to a Sexual Misconduct complaint or for suspected Sexual Misconduct. These procedures will replace any student conduct code or employee grievance procedures unless the College determines, in its discretion, that another procedure should be used to resolve a particular matter. The College may, in its discretion, modify its investigation and grievance procedures in the interests of promoting full and fair resolution of Sexual Misconduct complaints in accordance with applicable law.

Reporting Sexual Misconduct

An individual with questions or a possible Sexual Misconduct complaint against a student, faculty, staff member, or another individual should contact the Title IX Coordinator or the Deputy Title IX Coordinator designated for the individual’s campus, as set forth in the Addendum to these Procedures. Any individual who is a victim of sexual assault or other act of Sexual Misconduct will be informed of available law enforcement authorities and the option to file or decline to file a criminal complaint. The Title IX Coordinator will assist reporting persons in making contact with appropriate law enforcement authorities where requested.

When a reporting person requests confidentiality or asks that a complaint not be pursued, the College will inform the reporting person that honoring a request for confidentiality may limit its ability to respond fully to the incident, including pursuing disciplinary action against the respondent. If the reporting person still requests confidentiality or asks that a complaint not be pursued, the College will take all reasonable steps to investigate and respond to the complaint consistent with the request, provided that the College is able to both honor the reporting person’s request and provide a safe and nondiscriminatory environment for all individuals, including the reporting person. The Title IX Coordinator or Deputy Title IX Coordinator for the individual’s campus will be responsible for evaluating confidentiality requests.

Employee Responsibility to Report Sexual Misconduct

To enable the College to respond effectively and to prevent instances of Sexual Misconduct, all College employees shall receive training appropriate to their position duties and shall be informed of their respective responsibilities to report incidents that may involve Sexual Misconduct. Any employee who is designated as a “Responsible Employee” pursuant to Title IX will be informed of such designation. Employees designated as confidential resources below may be exempt from reporting requirements. Employees who fail to act on reports or complaints of sexual harassment; who discourage employees, students, or third-party vendors from reporting sexual harassment; who have engaged in or encouraged retaliation; or who otherwise fail to follow the requirements imposed pursuant to the Sexual Misconduct Policy or this Procedure may be subject to corrective action or discipline, up to and including termination.

Any College employee whose duties include counseling of students (whether or not the counseling is provided pursuant to a professional license) may, at the College’s discretion, be designated as confidential resources for reporting of Sexual Misconduct. Such counselors will receive training on Title IX compliance when in receipt of a confidential report.

Any employee or student who is found to have made an intentionally false or malicious report or complaint of sexual harassment or retaliation may be subject to corrective or disciplinary action, up to and including termination or expulsion.

Informal Resolution Process

Sexual Misconduct complaints, other than those described in the following sentence, may be resolved using an informal resolution process overseen by one or more College representatives if (i) the College determines, in its discretion, that such a process would be appropriate; and (ii) all parties agree to participate in the informal resolution process and agree to a resolution. Allegations of sexual violence, sexual assault, domestic violence, dating violence or stalking may not be resolved through an informal resolution process. The parties to any informal resolution process will not be required to interact directly with one another unless they and the College all agree to communicate directly with each other in attempting to resolve the matter. The College may provide mediation, using trained mediators, between the involved parties and coordinate other informal and voluntary resolution measures. Any party may request that the informal resolution process be terminated at any time, at which time the formal resolution process (described below) commences. In addition, any party can initiate the formal resolution process if the party is dissatisfied with a proposed informal resolution.

Investigations and Formal Resolution Process

The College will initiate a formal resolution process in any matter where the informal resolution process is not available or when the College deems it appropriate. Following a report of Sexual Misconduct, including a formal complaint or when the College receives notice that Sexual Misconduct may have occurred, the Title IX Coordinator will assign an investigator to conduct an investigation to determine whether or not the conduct occurred and, if the conduct occurred, what actions should be taken by the College. The College will take immediate or interim measures for severe cases and acts of sexual violence, as described below under Interim Measures. An individual suspected or accused of Sexual Misconduct will be provided with a written explanation indicating that an investigation has commenced, a description of the alleged actions or conduct leading to the investigation, and the policy violation under investigation.

The College will commence the investigation as soon as is practicable under the circumstances regardless of whether there is a pending criminal investigation or formal criminal charge. The College will establish a timeframe for how long it will take to issue a written outcome of the complaint, using all reasonable efforts to complete its investigation within 60 days of the filing of a complaint or within 60 days of the date on which the College becomes aware of suspected Sexual Misconduct, subject to any factors which delay the investigation beyond the College’s control. The College will schedule dates for completion of the initial investigation, completion of the investigation report, final decision-making and/or determination of sanctions.

The nature and extent of the investigation will vary depending upon the circumstances, including whether the parties are amenable to pursuing an informal resolution if appropriate. The Investigator will conduct fact-finding, review of written and other evidence and witness interviews. The Investigator will interview both the reporting person and the respondent and allow both parties to provide information regarding the complaint. To help ensure a prompt and thorough investigation, the reporting person and the respondent will be required to provide as much information as possible relating to the conduct, including the individuals involved, all relevant details and circumstances pertaining to the conduct, names of witnesses and any other information that the reporting person or the respondent believes to be relevant to the investigation. As appropriate, the Investigator will interview witnesses with relevant information.

At the conclusion of the investigation, the Investigator will prepare a written report summarizing the investigation and findings. The Title IX Coordinator will review the investigation report prior to its finalization and determine whether a violation of policy has occurred. The standard used to determine whether the respondent has violated the College’s Sexual Misconduct Policy is whether it is more likely than not that the respondent has engaged in behavior that constitutes Sexual Misconduct. This is often referred to as a “preponderance of the evidence” standard. For purposes of both the investigation and decision-making process, the College will strive to be complete, thorough, and impartial, basing all decisions on evidence and information determined to be reliable.

Reporting persons and respondents will be provided with the following procedural protections in connection with the resolution of suspected or alleged violations of this Policy:

• The opportunity to speak or present evidence on their own behalf (cross-examination by either the reporting person or the respondent will not be permitted).
• The opportunity to identify witnesses who can provide information about the alleged conduct at issue.
• 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 bring a victim advocate or advisor of the respondent or reporting person’s choice to all phases of the investigation and campus conduct proceeding, provided that such advisor does not directly participate in the investigation, interviews or other proceedings.
• The right to be informed of the outcome of the investigation.
• The opportunity to appeal the outcome of the investigation.

Sanctions and Corrective Actions

If, at the conclusion of the investigation, the Title IX Coordinator determines that it is more likely than not that a violation of the College’s Sexual Misconduct Policy has occurred, they will, in consultation with student affairs and/or human resources representatives, determine what, if any, sanctions or corrective actions are appropriate. The range of potential sanctions 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 College. Employees who are found to have violated the College’s Sexual Misconduct Policy may be subject to corrective actions including disciplinary action up to and including termination. Guests and other third parties who are found to have violated the College’s Sexual Misconduct Policy are subject to action deemed appropriate by the College, which may include removal or exclusion from the College, termination of any applicable contractual or other arrangements with the College and any other remedies available through law or equity. In instances where the College is unable to take disciplinary or other corrective action in response to a violation of this policy because a reporting person requests confidentiality or for some other reason, the College will nonetheless pursue other steps to limit the effects of the misconduct at issue and prevent its recurrence.

Interim Measures

The College must provide appropriate interim measures to address the safety and well-being of both parties prior to the final outcome of the investigation. The College may temporarily suspend any member of the College community suspected or accused of violating the College’s Sexual Misconduct Policy or take any other interim measures the College deems appropriate. The College will provide a written explanation of assistance and accommodation options to each reporting person. Such interim measures may include, but are not limited to, removing or relocating a student from campus housing, modifying course schedules, and imposing a “no contact” requirement. Any such interim measures will be taken in a manner that minimizes the burden on the reporting person to the extent possible. The College will take reasonable steps to prevent the recurrence of any Sexual Misconduct, including retaliation, and to correct discriminatory effects on the reporting person and others. Immediate and appropriate steps will be taken to protect reporting persons who experience sexual violence and to protect any person from retaliation associated with suspected or actual Sexual Misconduct.

Right to Appeal

The college will provide to all parties the outcome of the complaint and the investigation. After written notification of the resolution has been provided, the reporting person and the respondent will have the opportunity to appeal the outcome, including whether there is a policy violation and any sanction(s) imposed. Any appeal must be submitted in writing to the President within seven (7) calendar days after notification of the investigation outcome and must set forth the grounds upon which the appeal is based.

Either the reporting person or the respondent may appeal upon one or more of the following grounds:

• The established procedures were not followed in a significant way and, as a result, the factual findings, the sanction, or both, were not correct.
• The severity of the sanction imposed was not appropriate based on the nature of the violation or the circumstances.
• The discovery of new evidence, unavailable during the original hearing or investigation, which could substantially impact the original finding or sanction. A summary of the new information must be included with the student’s request for appeal.

The President’s decision on whether or not to overturn or modify the outcome shall be solely based on the grounds for appeal listed above. Neither party shall be entitled to a hearing in connection with any appeal, but the President may request written submissions from the parties or consider any other information as deemed appropriate. If the President is unable to resolve the appeal for any reason, the College will designate another representative to decide the appeal. 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 President determines that additional time is required.

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.

Contact information for the College Title IX Coordinator and Deputy Title IX Coordinators is as follows:

Lisa Doak, Assistant Vice President of Student Services
802 Grand Avenue
Glenwood Springs, Colorado 81601
970-947-8351
ldoak@coloradomtn.edu

Deputy Title IX Coordinators are identified below.

Aspen & Carbondale
K Cesark, Associate Dean of Academic & Student Affairs
kcesark@coloradomtn.edu
970-236-0446 ext 2446

Breckenridge & Dillon
Nicole Fazande, Assistant Dean of Academic & Student Affairs
nfazande@coloradomtn.edu
970-968-5805 ext 2805

Leadville & Salida
Evan Weatherbie, Assistant Dean of Student Affairs
eweatherbie@coloradomtn.edu
970-486-4290

Rifle
Chip Thomas, Assistant Dean of Student Affairs
rmthomas@coloradomtn.edu
970-625-6955

Spring Valley & Glenwood Springs
Lisa Runck, Associate Dean of Student Affairs
lrunck@coloradomtn.edu
970-947-8212

Steamboat Springs
Carolyn Lawrence, Associate Dean for Student Affairs
cmlawrence@coloradomtn.edu
970-870-4463

Vail Valley at Edwards
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, Denver Office
U.S. Department of Education
Cesar E. Chavez Memorial Building
1244 Speer Boulevard, Suite 310
Denver, CO 80204-3582
(303) 844-5695
https://www2.ed.gov/about/offices/list/ocr/complaintprocess.html

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 (the “ESE Procedures”). It is expected that each College campus shall establish campus-specific procedures for placing, operating, and monitoring electronic surveillance equipment, including surveillance cameras, software, computers, and servers (“ESE”) in accordance with the procedures set forth below. ESE 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 data is a 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.

CMC 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. Through a printed syllabus and course outline, students have the right to be informed of the academic standards expected of them in each course. Academic standards shall include, but are not limited to, class participation requirements, objectives to be achieved, and grading criteria that will be applied to a particular course of study.
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 the 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. If a student legitimately needs to carry a beeper/cellular phone to class, prior notice and approval by the instructor are required.

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 institution 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 and the department of Residence Life are committed to creating a community environment where residents develop a high standard of behavior and personal values. Being a member of such a community is a difficult 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;
• Respect for the individuals and resources of the local neighborhoods and communities in which we reside.