Student’s Rights & Responsibilities

Guide to the Rights, Responsibilities & Conduct of Students:

The Guide to the Rights, Responsibilities and Conduct of Students has been prepared by the Offices of Student Affairs and the Campus Vice President or designee and is updated annually to serve as a ready reference to the major policies relevant to students at Colorado Mountain College.

Many of the 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 and the advising web page particularly for policies relevant to academic programs. On-campus residents must adhere to specific guidelines, policies and procedures detailed in the Residence Hall Handbook. For purposes of this document and all college-related policies, the “classroom” and “campus” pertain to all college-owned or controlled property, any place of instruction either on or off campus grounds, 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 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 an equal responsibility for both the institution and the student.

Applicable Laws & Policies:

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 with respect to 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 in order 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 to the Federal Solomon Amendment.

Equal Employment & Educational Opportunities

Colorado Mountain College is dedicated to the principle of providing equal opportunity with regard to all prospective and current students.

In addition, the college does not discriminate on the basis of age, race, color, ancestry, national origin, religion, creed, service in the uniformed services (as defined in state and federal law), veteran status, sexual orientation, marital or family status, pregnancy, pregnancy-related conditions, physical or mental disability, gender, gender identity or political ideas or on any other basis prohibited by federal or state law.

The college will take affirmative action to ensure equal opportunity to students in all areas of student life including recruitment, admissions, financial aid, employment, facilities, services, and activities provided.

Colorado Mountain College will conduct an affirmative program of encouraging women, minorities and handicapped individuals to enroll in college-provided courses and programs.

The college further assures that all educational decisions will be based solely on an individual’s qualifications.

The college has instituted the following procedures to assure equal opportunity:

1. Active recruitment will occur in order to encourage women and minorities to enroll in the college. To this end, the nondiscrimination policy of the college will be emphasized in catalogs and in interviews with prospective students.
2. Admissions shall be without regard to race, creed, color, religion, sex, sexual orientation, disability, age, marital status, national origin, or Vietnam-era/disabled veteran, or on any other basis prohibited by federal or state law.
3. All scholarships, fellowships, loans and work-study program opportunities shall be administered without discrimination.
4. Curriculum requirements and credit requirements for graduation shall be set without regard to gender.
5. Regulations in college housing facilities shall apply equally to men and women.
6. Student organizations shall be encouraged to evaluate their programs to determine how well the needs of women and minority students are being met, and the degree to which women and minority students participate therein. If deficiencies are found, the organization will be encouraged to develop programs which will appeal to women and minority students.
7. The Campus Vice President or designee at each facility shall evaluate the status and functions of the various student organizations to ensure that equal opportunity is given in student government to women and minorities, and that all students are provided with the opportunity to develop leadership skills, particularly women and minority individuals who may not have assumed such positions.
8. The Campus or Center Administration at each site shall compare the quality of the athletic and recreational programs provided for men and women students. Positive steps will be initiated to remedy any inequities which may be found in the programs.
9. Faculty advisors and Student Services personnel will encourage women and minority students to consider a wide range of occupations, not only upon admission, but also after graduation.
10. Placement services of the college shall not be made available to any employer who the college knows has been found by a federal or state agency to discriminate on the basis of race, creed, color, religion, sex, sexual orientation, disabilities, age, marital status, national origin or Vietnam-era/disabled veteran, or on any other basis prohibited by federal or state law.

Americans With Disabilities Amended Act (ADAAA)

In Accordance with Section 504 of the Vocational Rehabilitation Act of 1973 and the Americans With Disabilities Act Amended Act 2008 (ADAAA), 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 academic standards of the college.

If a student has a complaint about the college’s lack of providing ADAAA accommodations, they are to contact the Central Services Student Affairs Office.

Student Complaint Process

Colorado Mountain College utilizes a confidential reporting system to provide assistance or protect public safety at CMC. This system allows students, parents, faculty, and staff the ability to report student issues or other concerns. A report can be created at CMC Cares.

Colorado Mountain College has four categories of student-related complaints. This procedure is for the fourth (4^th) category of complaint as listed below:

1^st category: Alleged violation of the student code of conduct

A faculty/student/staff member can lodge a complaint when a student violates the student code of conduct as listed in the CMC Student Handbook and Catalog. The disciplinary (aka adjudication) policy is followed in this case.

2^nd category: Grade appeal

Students have the right to appeal a final course grade if they think that the grade was awarded in a capricious manner. The grade appeal procedure is outlined in the Student Handbook and College Catalog.

3^rd category: Financial aid appeal

Students have the right to appeal financial aid decisions, including loan denial and financial aid suspension. The appeal process is outlined in financial aid brochures and appeal forms are available through the Financial Aid Specialists or at Central Services.

4^th category: All other student complaints

For student-initiated complaints including, but not limited to, CMC policies or processes, CMC staff/faculty behavior toward a student, etc. The following procedure applies to students lodging a complaint against a staff member, faculty member, or another student that is not related to grade appeal, financial aid appeal or violation of the student code of conduct.

Sexual Misconduct Reporting and Grievance Procedure

To obtain information or file complaints regarding sexual misconduct contact the Title IX Coordinator at 970-947-8351. The full Sexual Misconduct Policy and Procedures is located beginning on page 11.

Informal Complaint Process

Students are encouraged to resolve issues or concerns through the informal process. Students may, at any time, bypass the informal process and initiate the formal complaint process.

Special note of exception: If the complaint includes an allegation of sexual harassment, discrimination, or lack of providing ADAAA accommodations, the student is not limited to the timelines herein. Employee inquiries or specific complaints of alleged discrimination and/or compliance with Federal or State regulations may be directed to the College’s Vice President of Human Resources who serves as the EEOC (Equal Employment Opportunity Commission) Officer; student inquiries can be directed to the Assistant Vice President of Student Services who serves as the ADAAA Officer at 802 Grand Avenue, Glenwood Springs, Colorado 81601, 970-945-8691. Complaints may also be filed with the Office for Civil Rights, U.S. Department of Health & Human Services Region VIII, 1961 Stout Street, Room 1426, Denver, CO 80294, 303-844-2024; 303-844-3439 (TDD).

The goal of the informal complaint process is to provide information to the student that answers the student’s questions and concerns and/or to come to a resolution agreeable to the student and the college.

1. The student discusses the complaint informally with the college employee. If the student determines that the complaint may be resolved more appropriately without the employee concerned being involved, the student may discuss the concern with the employee’s supervisor.
2. To address complaints in a timely fashion, the student must begin the informal process within ten (10) working days of the latest incident.
3. If the student believes the discussion and any suggested resolution through the informal process did not provide a resolution, the student may file a formal complaint with the Campus Vice President or designee.

Formal Complaint Process

If the student believes the decision offered through the informal process did not provide a resolution or the student chooses to bypass the informal process, the student may initiate the formal complaint process by filing a formal written complaint to the Campus Vice President or their designee, or if the complaint is against the Campus Vice President, to the College President. The formal complaint must be filed within ten (10) working days from the date the informal decision was offered to the student or of the latest incident.

Once a written complaint is submitted the Campus Vice President or designee will have ten (10) working days to notify the complainant and respondent in writing identifying who will be handling the complaint, a non-retaliation mandate, and a copy of the submitted complaint form. The Campus Vice President or designee establishes the investigation and hearing process including timelines and notifies the complainant and respondent thereof.

Appropriate Use of Technology Policy 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 detail of the Appropriate Use of Technology Policy may be obtained through the Campus Vice President or designee, or College Counselor at your site.

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 will specify legitimate needs for safety and security. Signage shall be placed in areas where video surveillance is taking place in order 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 the availability of storage, 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.

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 remains illegal under federal law. Consistent with federal law, including the Controlled Substances Act and the Drug-Free Schools and Communities Act, the use and/or possession of marijuana continues to be prohibited while a student is on college property including residence halls or as part of college courses/activities.
2. Penalties that may be imposed by the college
   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.
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 certain penalties. The penalties include imposition of a citation and 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 assessed depends upon the nature and severity of the individual offense, and the municipality where the event occurred.
4. Health risks associated with use of illicit drugs and alcohol abuse
   Health risks associated with drug 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.

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 and remains illegal under federal law and is addressed in the student handbook under the code of conduct.

• Any person consuming marijuana off campus and coming to  the college under the influence or having a distracting odor may be asked to leave the building. Students who are 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. 

Tobacco Policy

Colorado Mountain College has a responsibility to its employees and students to provide 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.

Sexual Misconduct Policy and Procedure

The following is a summary of the College’s Policy and Procedures relating to Sexual Misconduct as of September 1, 2015. This is a summary, only, and the College may revise its Policy and Procedures from time to time. Persons wishing to review the current form of Sexual Misconduct Policy 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, is able to 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 interaction between individuals of the same or opposite 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 his or her safety or the safety of others, or suffer substantial emotional distress

Consent

Sexual activity without consent is by its nature Sexual Misconduct and often is considered to be rape or attempted rape. Consent to sexual activity must be informed, knowing 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 other 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

In order 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 use 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, he or she 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

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 Phone: 970-947-8351
Email: Ldoak@coloradomtn.edu

Deputy Title IX Coordinators are identified below:

Breckenridge and Dillon Campuses
Nicole Fazande
Director of Campus Operations
970-968-5805
nfazande@coloradomtn.edu

Edwards Campus
Jonathan Norling
Director of Campus Operations
970-569-2913
jnorling@coloradomtn.edu

Steamboat Springs Campus
Brian Hoza
Dean of Student Affairs
970-870-4463
bhoza@coloradomtn.edu

Rifle Campus
Rachel Pokrandt
Campus Dean
970-625-6944
rpokrandt@coloradomtn.edu

Roaring Fork Campus
Interim Associate Dean of Student Affairs
970-947-8212

Leadville Campus
Skip Lee
Dean of Student Affairs
719-486-4290
wlee@coloradomtn.edu

Aspen Campus
Margaret Maxwell
Assistant Dean of Instruction
970-236-0430 extension 2430
mmaxwell@coloradomtn.edu

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
Phone: (303) 844-3582
Email: OCRDenver@ed.gov

Student Rights & Responsibilities

Student Rights in the Classroom

1. Students have the right to inquire, to discuss, and to express their views by orderly means that do not infringe upon the rights of others or impede the progress of the course.
2. Students have the right to expect that instructors will conduct themselves professionally in the classroom in accordance with college policy.
3. Students have the right, through a printed syllabus and course outline, 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, in established program expectations, or in the student code of 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. Students have the opportunity, through established institutional mechanisms, 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 considered confidential and shall not be disclosed to others except in accordance with college policy, 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 have the responsibility to inquire about course requirements if they do not understand them or are in doubt about them.
2. Students have the responsibility to maintain standards of academic performance established for individual courses and for programs of study.
3. Students have the responsibility to initiate an investigation if they believe their academic rights have been violated. (See Grade Appeals Procedure).
4. Students have the responsibility to learn the content of any course of study.
5. Students with a disability have the responsibility to request accommodations and services, if desired, from the Disability Services Coordinator.
6. Students have the responsibility 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 is 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. Students have the right to be free from discrimination based on the College’s affirmative action policy.
3. Students have the responsibility to appreciate and respect the diverse population of campus.
4. Students have the responsibility to resolve issues that affect their academic performance and 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.

Academic Policies & Requirements:

All academic policies and regulations concerning the following can be found in the current Colorado Mountain College catalog: grading system, incompletes, audits, credits, withdrawal, repetition of courses, course load, attendance, degree requirements and academic standards. See College Counselors and Campus Administration for more details in these areas.

Academic Expectations

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

Academic misconduct is an unacceptable activity in scholarship and is in conflict with academic and professional ethics and morals. Consequently, students who are judged to have engaged in some form of academic misconduct shall be subject to: (1) a zero or an “F” on the work in question; (2) other academic penalties as outlined in the instructor’s course requirements and expectations; (3) disciplinary action, or (4) any combination thereof. If cheating occurs on the placement test, the student’s scores will not be accepted and the student will not be allowed to retake the placement test until six (6) months have passed.

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

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

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

As long as a student adequately acknowledges his/her sources and there is no reason to believe that the student has attempted to pose as the originator, the student will not be charged with plagiarism even though the form of the acknowledgment may be unacceptable to the instructor. Cheating is the act of using or attempting to use, in examination or other academic work, material, information, or study aids which are not permitted by the instructor.

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

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

Academic Standards

Each semester, the Registrar reviews the academic performance of students who have declared program (major) intent. This review determines the student’s academic status.

Students with a declared program intent and who have completed six (6) or more hours in the semester under review and have earned a cumulative grade point average of 3.5 to 3.99 are admitted to the Dean’s Honors List. Students meeting the above criteria with a 4.0 cumulative grade point average are admitted to the President’s Honors List.

Students who have attempted nine (9) or more hours at Colorado Mountain College and have earned a cumulative grade point average of 1.0 to 1.99 are placed on academic probation. Probationary status remains for the next semester of enrollment.

Students who are placed on academic probation have one semester of enrollment to bring their cumulative grade point average up to at least 2.0. If, at the end of the next term of enrollment, the student’s cumulative grade point average is not 2.0 or better, he or she will be placed on academic suspension.

Students who have attempted nine (9) or more hours at Colorado Mountain College and who have earned a cumulative grade point average of less than 1.0 will be placed on academic suspension.

Students placed on academic suspension have a right to appeal the suspension. Please contact the registration office at your site for instructions related to the appeal. Usually, suspensions remain for at least one semester. Students suspended for academic reasons must, even after one semester, appeal in writing for reinstatement prior to the semester they are requesting permission to attend.

Letters of appeal should explain any circumstances which adversely affected the past academic record, any current considerations related to performance or reason for appeal, and future academic intentions and goals. Please include a current address and telephone number. Students appealing will be notified of the outcome of the review by the Chair of the Academic Standards Committee at your site.

Grade Appeal Procedures

Colorado Mountain College recognizes the faculty members’ right and responsibility to award a fair and impartial grade. Likewise, the college recognizes the importance of the grade received by the student and the student’s right to have the evaluation system be fair and equitable. An appeals process has been put in place for students questioning their grades.

Students may appeal the grade assigned if they think that the grade was awarded in a capricious manner. Capricious grading is defined as one or both of the following:

1. The faculty member used criteria other than performance in the course.
2. The standards used to assign the final grade deviated substantially from the standards announced and/or were not uniformly applied to others in the class.

Please note, simple disagreement with the subjective judgment of the instructor does not support the charge of capriciousness.

Students wishing to appeal a grade must discuss the grade assignment with the instructor. If the matter is not resolved, a written notice of appeal must be submitted to the Campus Vice President or designee of the Colorado Mountain College campus center that offered the class. This notice of appeal must be received within 30 days after the first day of classes for the following term.

Student Code of Conduct & Adjudication Process:

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

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

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

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

1. Plagiarizing, cheating, and/or facilitating violations of reasonable standards of academic behavior. Matters relating to academic standards and achievement fall within the responsibility of instructional staff. Examples of the above may include but are not limited to:
   1. Copying, writing, or presenting another person’s information, ideas, or phrasing without proper acknowledgment of their true source.
   2. Using a commercially-prepared term paper or project.
   3. Copying information from the test of another student.
   4. Using unauthorized materials during an examination.
   5. Obtaining illegally or attempting to obtain unauthorized knowledge of a test.
   6. Giving or selling to another student unauthorized copies of tests.
   7. Taking a test in place of another student or having someone take a test in his/her place.
   8. Unauthorized collaboration between two or more students on a test, paper, project, or activity.
   9. Forging, altering, or misuse of academic materials, documents, records, forms, or instruments.
2. Theft or abuse or misuse of information technology, e.g. computer, computer time, electronic mail, voice mail, telephone or fax, including but not limited to:
   1. Unauthorized entry into a file to use, read, or change the contents, or for any other purpose.
   2. Unauthorized transfer or distribution of a file.
   3. Unauthorized use of another individual’s identification and password.
   4. Use of information technology to interfere with the work of another student, faculty member, or college official.
   5. Use of information technology to send obscene or threatening messages.
   6. Use of information technology to interfere with normal operations of the college’s systems.
   7. Any violation of the college Appropriate Use of Technology Policy (listed earlier in this document).
3. Disruption or obstruction of teaching, research, administration, disciplinary procedures, and other college activities, as well as unauthorized entry, use, or occupation of CMC facilities.
4. Forgery, alteration, falsification, or misuse of college documents, records, or identification provided to the college or to other agencies or educational institutions.
5. Physical abuse, which includes any action which is likely to be detrimental to the health, safety, and/or well-being of another, or psychological abuse which includes any action which unreasonably interferes with the psychological well-being of another (e.g., hazing, assault, harassment).
6. Sexual Misconduct, a form of unlawful discrimination, encompasses all forms of prohibited sexual or gender-based conduct which unreasonably interferes with an employee’s or student’s work, educational, 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 are further defined in on page 11. All Sexual Misconduct violations will be processed as stated in the CMC Sexual Misconduct Policy and Procedures which can be found beginning on page 11.
7. Disorderly, indecent, or obscene conduct or expression.
8. Unlawfully discriminatory acts against or harassment of individuals due to race, creed, color, religion, sex, sexual orientation, disability, age, marital status, national origin, or Vietnam-era/disabled veteran, or on any other basis prohibited by federal or state law. 
9. Conduct that threatens or endangers the health, safety, or welfare of any person.
10. Intentional or reckless destruction, damage, abuse or misuse of college property or the property of others.
11. Theft or conversion of property or of service belonging to the college, members of the college community, or others.
12. Using, possessing, or storing firearms, explosives, or other dangerous weapons - instruments that are designed to, or could potentially produce bodily harm or destruction. This policy shall not apply to a police officer, peace officer or anyone authorized by the state or the Campus Vice President or his/her designee. Weapons may include, but are not limited to BB guns, pellet guns, paint guns, martial art devices, brass knuckles, hunting knives, daggers, or similar knives or switchblades. Any instrument that is designed to look like a firearm, explosive, or dangerous weapon or that is used by a person to cause fear in or to harass another person is expressly included with the meaning of a firearm, explosive, or dangerous weapon. See the Campus Dean of Students for more information.
13. Intentional initiation or circulation of any false report, warning, or threat of fire, bombs, or explosives.
14. Alteration, misuse of, abuse of, or damage to fire or other safety equipment.
15. Possessing, consuming, or distributing any alcoholic beverage; alcoholic packaging or paraphernalia; or, appearing while intoxicated as defined by state and local laws.
16. Illegally possessing, using, distributing, or manufacturing any narcotic, drugs, or controlled substance or drug paraphernalia, as classified by federal, state, and local laws or appearing while under the influence of any illegally-obtained narcotic, drug, or controlled substance. Although possession and use of marijuana is no longer a crime in the State of Colorado, the possession and use of marijuana remains illegal under federal law. Consistent with federal law, including the Controlled Substances Act and the Drug-Free Schools and Communities Act, the use and/or possession of marijuana continues to be prohibited while a student is on college property including residence halls or as part of college courses/activities.
17. Failure to comply with the verbal or written directions of college officials acting in performance of their duties. Failing to comply with contractual obligations with the college (such as behavioral contract, payment obligation/agreement, housing and food service agreement, etc.).
18. Leaving children or pets unattended or unsupervised in campus buildings or on campus grounds.
19. Influencing or attempting to influence any employee or any student enrolled in the college through the offering or acceptance of favors (included sexual), bribery, or any kind of threats.
20. Intentionally publishing or disseminating any written instrument, sign, picture, object, or verbal statement that impeaches the honesty, integrity, or reputation of another person, with knowledge or reckless disregard of its falsity.
21. Violation of any college policies, regulations, or procedures.
22. Violations of federal, state, or municipal laws, or any other conduct not included above, which unreasonably or unlawfully interferes with the operations of the college, and the pursuit of its educational purposes and objectives or the rights of others; or which renders a person or organization unfit or unsuitable for continued association or affiliation with the college.
23. Abuse of the student adjudication system, including but not limited to:
    1. Failure to obey the direction of an adjudication body or college official.
    2. Falsification, distortion, or misrepresentation of information before an adjudication body.
    3. Disruption or interference with the orderly conduct of an adjudication proceeding knowingly without cause.
    4. Initiation of an adjudication proceeding knowingly without cause.
    5. Use of intimidation in an effort to discourage an individual’s proper participation in, or use of, the adjudication system.
    6. Attempting to influence the impartiality of a member or an adjudication body prior to and/or during the course of the judicial proceeding.
    7. Harassment (verbal or physical) and/or intimidation of a member of an adjudication body or a student witness prior to, during, and/or after an adjudication proceeding.
    8. Failure to comply with the sanction(s) imposed under the Student Code of Conduct.
    9. Influencing or attempting to influence another person to commit an abuse of the adjudication system
24. Aiding, abetting, or inciting others to commit any of the acts listed above.

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

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

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

Adjudication Process:

Philosophy

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

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

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

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

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

Standards of Conduct

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

Adjudication Records

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

Campus Adjudication Process

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

1. Reported violation:  Any student or staff member may report a violation of policy. The Residence Life Department incident report form or Colorado Mountain College incident report forms are the most common methods for doing so. Security reports, police reports or any written statements are also acceptable as long as they are signed and specific.

2. Contact and notification:  A staff member, after reviewing an incident report form, may determine that a meeting is required. In this case, an incident notification card or a letter will be delivered to the student(s) involved. Failure to comply with a request for a meeting will be considered in itself a violation of the Student Code of Conduct.

3. Meeting:  Whenever possible, decisions will be made by the school official having the closest jurisdiction to the student(s) involved and area of concern.

Possible school officials:

Campus Vice President

Dean of Campus

Dean of Student Affairs

Assistant Campus Dean of Student Life

Two possible types of meetings:

Informal:  Inquiry

Formal:  Hearing

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

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

The School Official will ask the responding student to discuss his/her involvement in the incident in questions. The intent of the discussion is to allow the School Official to gather enough information to make a decision as to the student’s involvement in the matter and the level of responsibility.

In the event that an incident is complex or involves many students, additional meetings may be necessary to gather sufficient information.

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

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

The Code of Conduct School Official will attempt to notify the student of the decision or the course of action in writing within five (5) business days of the hearing. Any decisions or sanctions are in effect once the student is notified either in person or in writing.

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

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

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

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

7. Appeal procedures:  A student is entitled to one appeal of a decision rendered in an initial adjudication action. If an appeal is requested, suspension and/or expulsion shall not be imposed until the appeal procedures below have been completed unless an immediate or summary suspension has been imposed in cases requiring immediate action for the safety or welfare of the College community. Other mandated sanctions remain in effect during the appeal process and until such time as they may be reversed or modified. All appeals must be submitted in writing, and must be submitted to the appropriate appeal officer within the timeframe determined by the Code of Conduct School Official. The student must submit the appeal form and any additional supporting material to the Code of Conduct School Official within three (3) business days after receipt of the decision of the Code of Conduct School Official. If not filed within this defined timeframe, the student will forfeit his or her appeal opportunity.

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

1. Whether appropriate adjudication procedures were followed.
2. Whether the sanction(s) imposed is (are) appropriate, reasonable, and just.
3. Whether the decision was supported by the evidence. No new evidence may be presented on appeal except as otherwise determined by the School Official, at her or his discretion.
4. Whether the responding student had the opportunity to present relevant information at the time of the original meeting or hearing.

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

If the student fails to follow through with the above outlined process, the appeal opportunity will be forfeited.

8. Appeal decision: The appeals review official is charged with upholding the policies and procedures of the college and has the authority to uphold or overturn (and may modify) the initial decision. The Campus Vice President or designee must ensure adjudication proceedings and decisions adhere to the college’s policies and procedures.

All appeal decisions will be rendered to the student within five (5) business days of the conclusion of the review. All appeal decisions are final.

Sanctions for Misconduct:

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

Code of Conduct Sanctions

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

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

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

A written reprimand for violation of specified regulations will be given. Probation is for a designated period of time and includes the probability of more severe disciplinary sanctions if the student is found to be violating any college or residence hall standards of conduct during the probationary period. Individual violations are considered on a cumulative basis.

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

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

Residence hall expulsion:
Residence hall expulsion is the act of permanently terminating a student’s college residence and/or campus boarding privileges. The student may also be prevented from returning to college premises. This sanction may be imposed in conjunction with additional college disciplinary action.

College disciplinary probation:
Disciplinary probation is a period of observation and review of conduct during which the student, community member or recognized student organization must demonstrate compliance with college standards of conduct. Terms of this probationary period will be determined at the time probation is imposed.

A written reprimand for violation of specified regulations will be given. Probation is for a designated period of time and includes the probability of more severe disciplinary sanctions if the student or community member is found to be violating college standards of conduct during the probationary period.

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

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

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

The authority for summary suspension is vested in the Campus Vice President or designee. The Campus Vice President or designee may summarily suspend a student without a pre-suspension hearing. In the event of a summary suspension, the student will be afforded the opportunity within five (5) business days to have a suspension hearing before the Campus Vice President or designee. At the suspension hearing, the Campus Vice President or designee may determine that suspension of the student continues to be necessary pending the outcome of any campus adjudication process, or that suspension of the student continues to be necessary pending the resolution of the campus adjudication process to protect the student or other members of the campus community, or to avoid disruption of college operations or activities. A student subject to summary suspension remains entitled to participate in the campus adjudication process, and subject to the application of sanctions by that process.

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

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

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

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

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

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