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SP 19-60a – Civil Rights and Sexual Harassment Resolution Process

Colorado Community College System / System Procedure

SP 19-60a

APPROVED: August 12, 2020
EFFECTIVE: August 12, 2020
REVISED: September 8, 2021
UPDATED: November 12, 2021
REVISED: January 24, 2022
RENUMBERED: April 13, 2022
REVISED: August 9, 2023
REAFFIRMED: January 10, 2025
REVISED: October 8, 2025
RETITLED: October 8, 2025

APPENDIX A: November 10, 2025
APPENDIX B: October 8, 2025

REFERENCE(S): Board Policy (BP) 19-60, Prohibition of Discrimination, Harassment, or Retaliation

APPROVED:


/ Marielena DeSanctis /
Marielena DeSanctis, Ph.D., Chancellor

Application

This procedure applies to all employees, students, volunteers, guests, contractors, and visitors within the Colorado Community College System, including its Colleges (CCCS or System).

Allegations that an individual has engaged in any discriminatory, harassing, and/or retaliatory behavior, including sexual harassment, after the effective date of this procedure will be resolved under this procedure.

Basis

Board Policy (BP) 19-60 provides that individuals affiliated with CCCS shall not discriminate or harass on the basis of sex, race, color, age, creed, national or ethnic origin, ancestry, physical or mental disability, familial status, veteran or military status, pregnancy status, marital status, religion, genetic information, gender expression, gender identity, sexual orientation, or any other protected class or category under applicable local, state, or federal law (also known as “civil rights laws”), in connection with employment practices or educational programs and activities (including in admissions). BP 19-60 further provides that individuals affiliated with CCCS shall not retaliate against any person who opposes discrimination, harassment, or retaliation, or participates in any complaint or investigation process.

Definitions

“Discrimination”: Any intentional differential treatment of a person or persons that is based on a person’s actual or perceived protected classes that: excludes a person from participation in, denies the person benefits of, or otherwise adversely affects a term or condition of a person’s employment or participation in an educational program or activity.

“Harassment”: A form of discrimination that involves unwelcome physical or verbal conduct or any communication directed at an individual or group because of their membership or perceived membership in a protected class, which conduct is subjectively offensive to the Complainant, and objectively offensive to a reasonable individual who is a member of the same protected class. It need not be severe or pervasive, but petty slights, minor annoyances, and lack of good manners do not constitute harassment. Types of harassment include, but are not limited to, quid pro quo and hostile environment. With respect to sexual harassment, types of harassment include sexual assault (e.g., rape, fondling, incest, statutory rape), dating violence, domestic violence, and stalking.

“Retaliation”: Any adverse employment or educational action taken against a person because of the person’s participation or perceived participation in a complaint or investigation of discrimination and/or harassment. Retaliation includes acts to intimidate, threaten, coerce, or discriminate against any individual for the purpose of interfering with any right or privilege provided by applicable civil rights laws, policies, and procedures.

For a complete list of definitions applicable to this procedure, refer to Appendix A.

Procedure

Any person who believes they have been subjected to a civil rights violation should follow this procedure to report their concerns. CCCS will act on any report brought to the attention of the Civil Rights/Title IX Coordinator that is made under this procedure.

All reports shall be made as promptly as possible after the occurrence, so that CCCS can more effectively address the reported concern(s). A delay in reporting may result in the loss of relevant evidence and witness testimony, and may affect the ability of CCCS to substantiate the allegations. The report should describe the alleged incident, which may include when and where it occurred, the parties involved, and the desired remedy sought. Any supporting documentation and evidence may be referenced within the body of the report.

The System Office and each College must include a clearly visible link on its website for filing civil rights reports, and publish the name, title, address, telephone number, and email address of the Civil Rights/Title IX Coordinator. Reports may also be submitted directly to the Civil Rights/Title IX Coordinator verbally or in writing. Complainants may be asked to reduce verbal reports to writing and sign them (in person or electronically) before proceeding through the resolution process (e.g., Sexual Harassment and Title IX formal complaints must be in writing and signed by the Complainant or Title IX Coordinator before proceeding with a formal investigation). The System Office and each College must also annually distribute the institution’s nondiscrimination policy through electronic or other means of communication, which includes the sexual harassment policy and procedure, and shall make available educational programs to all incoming students and newly employed faculty and staff.

CCCS employees, depending on their roles, have varying reporting responsibilities and may not be able to maintain confidentiality of information reported to them. Any person who reports concerns of civil rights violations should not assume that confidentiality or anonymity can be protected in connection with making a report.

At individual Colleges, some confidential resources may be available, such as mental health counselors, either on or off campus; campus health service providers; off-campus rape crisis resources; legal professionals; and/or members of the clergy. Except in rare circumstances, such as the existence of an immediate threat of harm, these individuals can offer options and advice without any obligation to report internally or externally unless the Complainant has requested information be shared. Other outside confidential resources are available, and the Civil Rights/Title IX Coordinator can assist in connecting an individual to these resources.

Any person who reports concerns of civil rights violations should also be aware that CCCS must issue immediate emergency notifications and/or timely warnings for incidents reported to them that are confirmed to pose a substantial threat of bodily harm or danger to members of the campus community. CCCS will make every effort to ensure that a Complainant’s name and other identifying information is not disclosed, while still providing adequate information for community members to make safety decisions in light of the danger.

CCCS employees (including student employees), unless deemed a confidential resource by law, are required to promptly report any incidents they are aware of concerning civil rights violations. Reports should be made within 24 hours, unless there is reasonable justification for a delay. Employees unsure of the scope of this requirement may direct their questions to the Civil Rights/Title IX Coordinator. Failure to report will be considered a violation of this procedure, and may result in discipline, up to and including termination. All other individuals affiliated with CCCS are strongly encouraged to report civil rights violations.

At the discretion of the parties involved and the Civil Rights/Title IX Coordinator, reports may be eligible to be resolved through an alternative process instead of submitting a formal complaint. The primary focus during an alternative process remains the welfare of the parties and the safety of the CCCS community. An alternative process is not a formal investigation and does not involve a written investigation report.

Examples of alternative processes may include, but are not limited to:

  • Educational conversations with the parties
  • Respondent accepts responsibility
  • Shuttle negotiations
  • Facilitated dialogue between the parties
  • Mutual no contact orders

Upon receipt of a formal complaint, the Civil Rights/Title IX Coordinator will review the complaint to determine whether the complaint alleges sufficient information to support that a civil rights violation has occurred (reasonable cause). If the Civil Rights/Title IX Coordinator is unable to make this determination in reviewing the formal complaint alone, the Civil Rights/Title IX Coordinator may, at their discretion, reach out to the Complainant or others, as relevant, for clarification and/or additional information.

If no reasonable cause is found to initiate a formal investigation, the Civil Rights/Title IX Coordinator shall inform the Complainant of this decision and discuss other options for addressing the reported concerns.

If there is reasonable cause and the Complainant wishes to proceed, the Civil Rights/Title IX Coordinator will offer an informal resolution or initiate a formal investigation. If the Complainant does not wish to proceed, the Civil Rights/Title IX Coordinator will give consideration to the Complainant’s preference, but reserves the right, when necessary to protect the CCCS community, to initiate a formal investigation of the complaint.

The Civil Rights/Title IX Coordinator also reserves the right to initiate an investigation and resolve a complaint without a participating Complainant. The Civil Rights/Title IX Coordinator may consider a number of factors when determining whether to initiate a formal investigation without the Complainant’s participation. These factors may include, but are not limited to, the following:

  • Seriousness of the alleged conduct.
  • Risk that the Respondent will similarly harm others.
  • Previous complaints or allegations involving similar conduct.
  • Whether multiple Complainants were involved.
  • Whether the conduct was facilitated by incapacitation.
  • Whether a weapon or violence was used.
  • Whether the Complainant is a minor and/or at-risk.
  • Whether the conduct was predatory in nature.
  • Any other information deemed relevant by the Civil Rights/Title IX Coordinator.

The informal resolution and formal investigation processes are designed to address the reported concerns, end the inappropriate behavior, and prevent its reoccurrence. This may include providing a fair and reliable determination about whether policies or procedures have been violated.

The Civil Rights/Title IX Coordinator will also evaluate the formal complaint to determine if it alleges Sexual Harassment under Title IX and occurred within one if its programs or activities in the United States. In such cases, the specific procedures applicable to Sexual Harassment (e.g., live hearing) will apply. If not, the complaint will be closed for Title IX purposes and processed under other applicable procedures.

If a Complainant files a formal complaint requesting an investigation into Sexual Harassment under Title IX, and the Civil Rights/Title IX Coordinator determines that the conduct alleged would not constitute Sexual Harassment under Title IX even if proven, the complaint must be dismissed for Title IX Sexual Harassment purposes, but it may be addressed under other civil rights procedures outlined herein. Dismissal of a Title IX Sexual Harassment case is subject to the appeal procedures outlined herein. If a formal complaint involves allegations of Title IX Sexual Harassment within a CCCS program or activity in the United States along with other conduct that is not covered by Title IX, the Civil Rights/Title IX Coordinator, in their discretion, will either process the entire complaint under Title IX Sexual Harassment procedures or will divide the allegations and process them separately under applicable provisions of this procedure.

CCCS shall make every effort to complete the resolution or investigation process within approximately ninety (90) calendar days from the date the formal complaint is filed. If CCCS cannot resolve the formal complaint within this timeline, the Civil Rights/Title IX Coordinator may extend the timeline, when necessary, to properly resolve the complaint. Written notice will be provided to the parties regarding the extension.

The Civil Rights/Title IX Coordinator, in consultation with appropriate administrative personnel, may implement interim actions, including supportive measures, intended to protect the safety and security of the campus community, address the effects of the reported behavior, and prevent further violations, while the report or formal complaint is under review or investigation. These remedies may include, but are not limited to, placing an employee on administrative leave, interim actions outlined in SP 4-30a, Student Behavioral Expectations and Responsibilities Resolution Procedure, campus bans/emergency removals, referral to counseling and health services or to the Colorado State Employee Assistance Program (CSEAP), education to the community, altering housing situations, altering work arrangements, providing campus escorts, implementing contact limitations between the parties (e.g., no contact orders), offering adjustments to academic deadlines or course schedules, and/or suspending privileges such as attendance at College activities or participation in College-sponsored organizations. Any campus ban/emergency removal will be implemented only after a determination that the person poses an immediate threat to the physical health or safety of another.

In all cases in which an interim action is imposed, the individual will be given the opportunity to meet with the Civil Rights/Title IX Coordinator prior to such action being imposed, or as soon thereafter as reasonably possible, to show cause why the interim action should not be implemented. The Civil Rights/Title IX Coordinator shall have sole discretion to implement or stay an interim action, and to determine its conditions and duration. Violation of an interim action may be grounds for disciplinary action, up to and including expulsion, termination, a “Cease Communications” directive, or issuance of a “No Trespass” order, also known as a persona non grata.

Following the completion of the investigation or resolution process, interim actions may be continued or made permanent as deemed necessary.

Throughout the civil rights and sexual harassment resolution process, Complainants and Respondents shall be entitled to the following:

  • To be treated with respect by CCCS employees.
  • A presumption that the Respondent is not responsible for the alleged conduct until a determination regarding responsibility is made at the conclusion of the process.
  • To take advantage of Supportive Measures and other resources, such as counseling, psychological services, and health services.
  • To experience a safe living, educational, and work environment.
  • To have an advisor of their choice present at any meeting.
  • To have access to a Civil Rights/Title IX Coordinator, investigator(s), hearing officers/decision-maker(s) for Title IX cases, and/or other individuals assisting with the resolution process who do not have a conflict of interest or bias for or against either party.
  • To receive amnesty for minor student misconduct (such as alcohol or drug violations) that is ancillary to the incident.
  • To be free from retaliation.
  • To be informed of the outcome/resolution of the complaint, and the sanctions and rationale for the outcome where permissible.
  • To have assistance in contacting law enforcement, if desired.
  • To request housing, employment, and/or educational modifications, as deemed appropriate and reasonable.
  • To request no further contact with the opposite party, as deemed appropriate, allowable, and reasonable.

After a formal complaint has been filed, the Civil Rights/Title IX Coordinator, in consultation with the parties, may determine that an informal resolution is appropriate to resolve the reported concerns. The primary focus during an informal resolution remains the welfare of the parties and the safety of the CCCS community, but it does not involve a written investigation report or an opportunity to appeal. An informal resolution may include, but is not limited to:

  • The provision of interim or long-term remedial measures.
  • Referral to other resolution processes.
  • Training or educational programming for the parties.
  • The Civil Rights/Title IX Coordinator or a designee serving as a facilitator to discuss the reported concerns with the Complainant and Respondent (either separately or together) and to identify possible resolutions and/or appropriate future conduct.
  • Referral to a Disciplinary Authority to further address the reported behavior, as deemed appropriate.

Written notice of the allegations and a specific informal resolution process will be provided to both parties, and written consent to the informal resolution process will be obtained from both parties.

At any time during the informal resolution process, the Civil Rights/Title IX Coordinator may elect to initiate a formal investigation as deemed appropriate to resolve the matter. The parties can elect to cease the informal resolution process at any time before it concludes and proceed with a formal investigation. The informal resolution process is not available in Sexual Harassment cases involving a student Complainant and an employee Respondent.

If a formal investigation is initiated, the Civil Rights/Title IX Coordinator shall provide written notice (Notice of Investigation) to the Complainant and Respondent notifying them of the investigation and will assign one or more impartial investigators to conduct an investigation into the complaint. The investigation will include an objective evaluation of all relevant evidence, both inculpatory (incriminating or tending to show responsibility for a violation) and exculpatory (exonerating or tending to negate responsibility for a violation). The investigator(s) may request an interview with the Complainant, the Respondent, and any witnesses, including expert witnesses for Sexual Harassment cases, deemed relevant by the investigator(s). The parties will be provided with sufficient details of the allegations (such as identity of parties, nature of the conduct, and date/location of the incident, if known). All parties and other witnesses or participants in the investigation process will be provided written notice of the date, time, location, participants, and purpose of any interview or meeting with sufficient time to prepare to participate.

Throughout the investigation, all questions will go through the assigned investigators. The Complainant and Respondent may offer any documentation, witnesses, or other materials in support of their position as it relates to the complaint. There will be a presumption that the Respondent is not responsible for the alleged conduct until a determination regarding responsibility has been made at the conclusion of the resolution process. Any credibility determinations made by investigators will not be based upon a person’s status as a Complainant, Respondent, or witness.

The Complainant and the Respondent have the opportunity to be advised and accompanied by an advisor of their choice, at their expense, at any stage of the process. In the event of a live hearing, if either party does not have an advisor, the College will provide one to that party at no cost. An advisor may consult and advise their advisee, but may not speak on behalf of their advisee. These procedures are entirely administrative in nature and are not considered legal proceedings. The investigator(s) may end a meeting or remove or dismiss an advisor who becomes disruptive or who does not abide by the restrictions on their participation as explained above.

Should the Complainant or Respondent decide to withdraw from courses or resign employment while a complaint is pending, the process may proceed in that party’s absence and sanctions may still be imposed affecting the party’s ability to return to CCCS. Additionally, the Civil Rights/Title IX Coordinator may dismiss the formal complaint if the Complainant requests such dismissal in writing, if the Respondent is no longer enrolled/employed at CCCS, or other specific circumstances prevent the investigators from gathering evidence sufficient to reach a determination. Notice regarding the dismissal will be provided, in writing, simultaneously to the parties.

No unauthorized recording will be allowed, and all parties must request permission to record in advance. CCCS, at its discretion, may grant authorization for recording of an interview, and in that case, CCCS will also record to ensure there is an accurate record.

Throughout the formal investigation process, the Civil Rights/Title IX Coordinator will provide regular written updates on the status of the investigation to the Complainant and the Respondent through the conclusion of the investigation.

Following the fact gathering stage of the formal investigation, the investigator(s) shall issue a Preliminary Investigation Report to the Complainant and Respondent (and their advisors, if applicable) for review. The Preliminary Investigation Report will include relevant information as gathered by the investigator(s). At this stage, upon request, parties may review all evidence collected as part of the investigation, whether or not it will be relied upon in reaching a determination. The Complainant and the Respondent will have ten (10) calendar days to review and respond to the Preliminary Investigation Report with any changes, clarifications, or questions.

At the conclusion of the fact gathering stage and formal investigation, including any relevant information submitted in response to the Preliminary Investigation Report, the investigator(s) shall issue a report to the Civil Rights/Title IX Coordinator as follows:

  • For cases involving Sexual Harassment subject to Title IX, the investigator(s) shall issue a Final Investigation Report summarizing the relevant evidence. This Final Investigation Report will not contain any determinations as to whether the conduct is in violation of applicable policies and procedures. The Civil Rights/Title IX Coordinator shall provide a copy of the Final Investigation Report to the parties, their advisors, and the hearing officer, and initiate a live hearing as described below. If a live hearing cannot be held due to refusal of parties to participate, CCCS reserves the right to proceed directly to a Determination Report.
  • For other civil rights cases (non-Sexual Harassment or Sexual Harassment outside the scope of Title IX), the investigator(s) shall issue a Determination Report detailing the factual findings, summarizing the relevant evidence, and stating whether or not, based on a preponderance of the evidence, the alleged behavior took place and whether that behavior constitutes a civil rights violation.

Live hearings are subject to the following procedures:

Scheduling – A live hearing must be scheduled no earlier than ten (10) calendar days after issuance of the Final Investigation Report. Written notice of the date, time, location, participants, and purpose for the hearing will be provided to the parties. The parties must notify the Civil Rights/Title IX Coordinator if any other witnesses will be presented so they can be notified of the hearing. Written notice of the date, time, location, participants, and purpose for the hearing will be provided to all individuals who are invited or expected to participate, allowing them reasonably sufficient time to prepare. If a party elects not to attend the hearing, the hearing may continue in their absence.

Hearing Officer(s) – A Hearing Officer is responsible for overseeing the hearing; making determinations as to relevance of evidence/questioning, determining whether evidence will be permitted, and making a final determination regarding the allegations. A Hearing Officer must be a different individual than any investigator or Civil Rights/Title IX Coordinator assigned to the case. A Hearing Officer has discretion regarding the details and order that parties will be permitted to present evidence, provided that both parties are given equal opportunities to present relevant evidence, both inculpatory (incriminating or tending to show responsibility for a violation) and exculpatory (exonerating or tending to negate responsibility for a violation), and details and order of cross-examining witnesses. The Hearing Officer may issue a document to the parties in advance, outlining the hearing process that will be followed on the day of the hearing.

Advisors – At the hearing, the Complainant and Respondent must be accompanied by an advisor. If the party does not provide their own, CCCS will provide an advisor at no charge to conduct cross-examination on behalf of the party during the live hearing. The advisor is responsible for questioning the witnesses; the Complainant and Respondent are not permitted to ask questions directly.

Questioning and Cross-Examining Witnesses – Each party’s advisor may question the other party and any witnesses with relevant questions and follow-up questions, including those challenging credibility. Questioning will be done directly, orally, and live. At the request of a party or at the discretion of CCCS, the parties may be located in separate rooms using technology for live viewing of other participants. After each question is stated, the Hearing Officer will decide whether it is relevant and permissible before the party/witness provides an answer. If it is excluded, the reason for exclusion will be provided. Evidence of the Complainant’s prior sexual predisposition or behavior is not relevant except to prove that someone other than the Respondent committed the alleged conduct or to prove consent.

Recording/Transcript – CCCS shall record the hearing and make it available to all parties. Alternatively, CCCS, in its discretion, may elect to transcribe the proceedings as the method of recordkeeping.

Determination Report – Within twenty-one (21) calendar days following the hearing (unless the parties are notified of a need for an extension), the Hearing Officer will issue a Determination Report to the Civil Rights/Title IX Coordinator as to whether or not, based on a preponderance of the evidence, the alleged behavior took place and whether that behavior constitutes a civil rights violation. In reaching this determination, the Hearing Officer must consider all relevant evidence, except for any privileged information (unless waived) or medical records (unless specific, written consent is obtained). The Hearing Officer may consider statements made by the parties or witnesses that are otherwise permitted, even if those parties or witnesses do not participate in cross-examination at the live hearing. The Determination Report shall include a summary of the allegations, a summary of the procedural steps in the case, findings of fact supporting the determination (which may or may not differ from the Final Investigation Report), conclusions regarding violation of applicable policies with supporting rationale, any disciplinary steps or remedial measures imposed, and the parties’ appeal rights.

Once a Determination Report is received (either from the investigator(s) or the Hearing Officer following a live hearing), the Civil Rights/Title IX Coordinator shall provide written notice (Notice of Findings) simultaneously to the Complainant and Respondent (and their advisors, if applicable), notifying them of the findings. A copy of the  Determination Report shall be attached to the Notice of Findings. The Complainant and Respondent shall be advised of their right to appeal, subject to the grounds below, by filing a written appeal with the Civil Rights/Title IX Coordinator within five (5) calendar days of service of the decision.

In the event of an appeal, the Civil Rights/Title IX Coordinator shall perform an initial review to determine if the appeal meets the limited grounds listed below and is timely (filed within five (5) calendar days, as noted above). If the appeal is found to meet these criteria, the Civil Rights/Title IX Coordinator shall forward the appeal to a designated appellate officer, who shall give written notice to the opposing party and provide a suitable time frame for the opposing party to submit a written response to the appeal. The appeal and any responses shall be reviewed by the appellate officer. The party requesting an appeal must show error, as the original finding is presumed to have been decided reasonably and appropriately. The only grounds for appeal are as follows:

  • A procedural irregularity occurred that would change the outcome. The written appeal shall specify the procedural error and how it impacted the outcome of the decision.
  • The Civil Rights/Title IX Coordinator, investigator, or decision-maker had a conflict of interest or bias for or against a party that would change the outcome. The written appeal shall specify the conflict or bias and how it impacted the outcome of the decision.
  • New evidence became available that could change the outcome and that was not reasonably available at the time the decision was made. Any new evidence and its impact must be included in the written appeal.

If the appellate officer determines a procedural irregularity occurred that would change the outcome of the decision or there was a conflict of interest or bias that would change the outcome of the decision, the appellate officer shall return the complaint to the Civil Rights/Title IX Coordinator with instructions to convene a new investigation, or the appellate officer shall otherwise cure the procedural error, conflict of interest, or bias.

If the appellate officer determines there is new evidence that could change the outcome and that was not reasonably available at the time of the decision, the appellate officer shall conduct or request appropriate additional steps (such as requesting additional investigation by the investigator(s)), and/or modify the findings accordingly.

Written notice of the outcome of the appeal shall be provided simultaneously to the parties.

Once the appeal process has been exhausted, if the Respondent is found not in violation of policies or procedures outlined herein, the complaint shall be closed with no further disciplinary action. If additional concerns, outside the scope of this procedure, are identified during the course of the investigation, the findings may be shared with appropriate administrative personnel to further address, as deemed appropriate.

If the Respondent is found in violation of policies or procedures outlined herein, the findings shall be provided to the Disciplinary Authority to proceed in accordance with applicable policies (CCCS policies and procedures can be found at https://cccs.edu/about/governance/policies-procedures/):

  • For faculty, disciplinary action will be in compliance with BP 3-20, Due Process for Faculty.
  • For classified employees, disciplinary action will be taken pursuant to the applicable State Personnel Rules and Regulations: www.colorado.gov/spb.
  • For students, disciplinary action will be taken pursuant to BP 4-30 and SP 4-30a, Student Behavioral Expectations and Responsibilities Resolution.
  • Instructors and Administrative, Professional-Technical (APT) employees are at-will under BP 3-10, Administration of Personnel, and may not be subject to additional procedures when issuing sanctions.

Disciplinary Authorities may consider a number of factors when determining a sanction. These factors may include, but are not limited to, the following:

  • The nature, severity of, and circumstances surrounding the violation.
  • An individual’s disciplinary history.
  • Previous complaints or allegations involving similar conduct.
  • Any other information deemed relevant by the Disciplinary Authority.

The following sanctions may be imposed:

  • For students: warning, probation, fines, restitution, denial of privileges, assignment to perform services for the benefit of the CCCS community, re-assignment to another class section (including the option for an online section), suspension, expulsion, a “Cease Communications” directive, a “No Trespass” directive, or any other outcome listed in SP 4-30a, Student Behavioral Expectations and Responsibilities Resolution Procedure.
  • For CCCS employees: warning, corrective action, probation, restitution, denial of privileges, suspension, demotion, reduction of pay, termination of employment, a “Cease Communications” directive, or a “No Trespass” directive.
  • For authorized volunteers, guests, or visitors: warning, probation, denial of privileges, removal from CCCS property, a “Cease Communications” directive, or a “No Trespass” directive.

In addition to sanctions, other actions may be taken as deemed appropriate to bring an end to the violation, to prevent future reoccurrence, and to remedy the effects of the violation.

The outcome of a CCCS investigation is an educational record of a student Respondent, and is subject to privacy protections under the federal Family Educational Rights and Privacy Act (FERPA). However, CCCS observes the legal requirements to disclose the records as follows:

  • Complainants in non-consensual sexual contact/intercourse, sexual exploitation, sexual harassment, stalking, and/or relationship violence incidents have an absolute right to be informed in writing of the outcome, essential findings, and sanctions without condition or limitation.
  • CCCS may release publicly the name, nature of the violation, and the sanction imposed for any individual who is found to have committed a “crime of violence,” including: arson, burglary, robbery, criminal homicide, sex offenses, assault, destruction/damage/vandalism of property, and kidnapping/abduction. CCCS will release this information to the Complainant in any of these offenses regardless of the outcome.
  • CCCS reserves the right to notify parents/guardians of dependent students regarding any health or safety risk, and/or change in student status or conduct situation, particularly alcohol and other drug violations. CCCS may also notify parents/guardians of non-dependent students who are under the age of 21 of alcohol and/or drug policy violations. Where a student is non-dependent, CCCS will contact the appropriate next of kin, to inform them of situations in which there is a significant and articulable health and/or safety risk. CCCS also reserves the right to designate which CCCS officials have a need to know about individual conduct complaints pursuant to FERPA.

In addition to reporting to CCCS, any person has the right to file a police report. Complainants requiring assistance with this should contact the Civil Rights/Title IX Coordinator.

Student Complainants also have the right to make inquiries and/or file a complaint with:

Office for Civil Rights (OCR)
U.S. Department of Education
Cesar E. Chavez Memorial Building
1244 Speer Boulevard, Suite 310
Denver, CO 80204-3582
Telephone: (303) 844-5695
Facsimile: (303) 844-4303
Email: [email protected]
Web: http://www.ed.gov/ocr

Employee Complainants also have the right to make inquiries and/or file a complaint with:

Colorado Department of Regulatory Agencies (DORA)
Colorado Civil Rights Division (CCRD)
1560 Broadway
Suite 825
Denver, CO  80202
Telephone:  (303) 894-2997
Facsimile:  (303) 894-7570
Email: [email protected]
Web:  https://www.colorado.gov/pacific/dora/civil-rights

Or

United States Equal Employment Opportunity Commission (EEOC)
950 17th Street, Suite 300
Denver, CO  80202
Telephone:  (800) 669-4000
Facsimile:  (303) 866-1085
Web:  https://www.eeoc.gov/field-office/denver/location

Recordkeeping

Colleges must keep a repository of all written or oral complaints for seven (7) years including date, identity of the Complainant (or anonymous), identity of Respondent, and substance of the complaint. This repository is not a public record.

Other records related to Civil Rights complaints (including Sexual Harassment) must be maintained for a period of seven (7) years. Such records may include: Informal Resolution outcomes, Preliminary Investigation Reports, Final Investigation Reports, Determination Reports, recordings/transcripts of Live Hearings in Sexual Harassment cases, Notices of Findings, appeals and appeal outcomes, and discipline or remedies imposed.

Revising this Procedure

CCCS reserves the right to change any provision or requirement of this procedure at any time and the change shall become effective immediately.

APPENDIX A

Definitions

“Civil Rights/Title IX Coordinator(s)” are the employee(s) designated at each College and the System Office to oversee all civil rights, including sexual harassment, complaints. A “Deputy” Civil Rights/Title IX Coordinator may also be designated to act on behalf of the Coordinator. All references in policies and procedures to the Coordinator include the Deputy Coordinator.

“Coercion”, in the context of Sexual Harassment, is unreasonable pressure for sexual activity. Coercive behavior differs from seductive behavior based on the type of pressure someone uses to get consent from another. When a person makes it objectively clear that they do not want to engage in sexual activity, that they want to stop, or that they do not want to go past a certain point of sexual interaction, continued pressure beyond that point can be coercive.

“Complainant” is a person who is alleged to have been subjected to conduct that could constitute prohibited civil rights discrimination or retaliation. For purposes of this procedure, a Complainant can be a CCCS employee, student, or other person who is participating or attempting to participate in an activity over which CCCS has jurisdiction.

“Consent” for sexual activity must be clear, knowing, and voluntary. Consent is active, not passive. Silence, in and of itself, cannot be interpreted as consent. Consent can be given by words or actions, as long as those words or actions demonstrate permission, based on an objective standard, regarding willingness to engage in (and the conditions of) sexual activity. Further, consent to any one form of sexual activity does not automatically imply consent to any other forms of sexual activity. Previous sexual activity or prior consent do not imply consent to future sexual acts. The consideration of prior, irrelevant sexual conduct, except relating to a prior relationship or history between the parties if relevant to some material issue in the process, is prohibited. A person who is coerced or incapacitated is unable to consent to sexual activity.

“Dating Violence” is violence committed by a person who is or has been in a social relationship of a romantic or intimate nature with the victim. The existence of such a relationship shall be determined based on the reporting party’s statement and with consideration of the length of the relationship, the type of relationship, and the frequency of interaction between the persons involved in the relationship. There is no Colorado state law on dating violence; therefore, CCCS abides by the definition used in the Violence Against Women Reauthorization Act (VAWA) of 2013.

“Disciplinary Authority” is the individual with authority, or delegated authority, to impose discipline upon a Respondent.

“Discrimination” is any intentional differential treatment of a person or persons that is based on a person’s actual or perceived protected classes that: excludes a person from participation in, denies the person benefits of, or otherwise adversely affects a term or condition of a person’s employment or participation in an educational program or activity.

“Domestic Violence” includes any act or threatened act of violence upon a person with whom the actor is or has been involved in an intimate relationship. Domestic Violence also includes any other crime against a person or property, including an animal or any municipal ordinance violation against a person, or against property, including an animal, when used as a method of coercion, control, punishment, intimidation, or revenge directed against a person with whom the actor is or has been involved in an intimate relationship. C.R.S. § 18-6-800.3. Domestic violence further includes felony or misdemeanor crimes of violence committed by a current or former spouse or intimate partner of the victim, by a person with whom the victim shares a child in common, by a person who is cohabitating with or has cohabitated with the victim as a spouse or intimate partner, by a person similarly situated to a spouse of the victim under the domestic or family violence laws of Colorado, or by any other person against an adult or youth victim who is protected from that person’s acts under the domestic or family violence laws of Colorado.

“Force” is the use of physical violence and/or imposing on someone physically to engage in sexual activity. Force also includes threats and intimidation (implied threats) that overcome resistance.

“Harassment” is a form of discrimination that involves any unwelcome physical or verbal conduct, or any communication directed at an individual or group because of their membership or perceived membership in a protected class, which conduct is subjectively offensive to the Complainant and objectively offensive to a reasonable individual who is a member of the same protected class. It need not be severe or pervasive, but petty slights, minor annoyances, and lack of good manners do not constitute harassment. Types of harassment include, but are not limited to, quid pro quo and hostile environment. With respect to Sexual Harassment, types of harassment include sexual assault, dating violence, domestic violence, and stalking.  

“Hostile Environment” occurs when a person is subjected to harassment that unreasonably interferes with the individual’s work or educational performance, or creates an intimidating, hostile, or offensive working or educational environment. Factors to consider include frequency, the number of individuals engaged in the conduct, type of conduct, duration, location, whether it is threatening, existence of a power differential, use of epithets/slurs that are humiliating or degrading, and stereotypes.

“Incapacitation” is a state where someone cannot make rational, reasonable decisions because they lack the capacity to give knowing consent. Incapacitation could result from mental or physical disability, sleep, unconsciousness, involuntary physical restraint, being underage, or from the ingestion of drugs or alcohol.

Sexual activity with someone whom one should know to be — or based on the circumstances should reasonably have known to be — mentally or physically incapacitated, is a form of Sexual Harassment.

Use of alcohol or other drugs will never function as a defense to a violation of this procedure.

“Investigator” is a person charged, by the Civil Rights/Title IX Coordinator, to investigate the Formal Complaint.

“Jurisdiction” applies to behaviors that take place on a CCCS campus, at CCCS sponsored events, and may also apply to off-campus and online behavior when the Civil Rights/Title IX Coordinator determines that the off-campus or online behavior affects a substantial CCCS interest.

“Quid Pro Quo” is a type of harassment that exists when submission to the harassing conduct is explicitly or implicitly made a term or condition of employment or education, or when submission to or objection to the harassing conduct is used as a basis for employment or educational decisions.

“Respondent” is a person whose alleged conduct could constitute unlawful civil rights discrimination, harassment, or retaliation. For purposes of this procedure, a Respondent may be a CCCS employee, student, or other person who engages in conduct over which CCCS has Jurisdiction.

“Retaliation” is any adverse employment or educational action taken against a person because of the person’s participation, or perceived participation, in a complaint or investigation of discrimination and/or harassment. Retaliation includes acts to intimidate, threaten, coerce, or discriminate against any individual for the purpose of interfering with any right or privilege provided by applicable civil rights laws, policies, and procedures.

“Sexual Assault” is an offense classified as a forcible or nonforcible sex offense as defined by the Federal Bureau of Investigations uniform crime reporting system. Sexual assault includes rape, sexual contact, incest, and statutory rape.

  • Rape is the penetration, no matter how slight, of the vagina or anus with any body part or object, or oral penetration by a sex organ of another person, without the consent of the Complainant.
  • Sexual Contact is the intentional touching of the clothed or unclothed body parts without consent of the victim for the purpose of sexual degradation, sexual gratification, or sexual humiliation. The forced touching by the victim of the actor’s clothed or unclothed body parts, without consent of the victim for the purpose of sexual degradation, sexual gratification, or sexual humiliation. This offense includes instances where the victim is incapable of giving consent because of age or incapacity due to temporary or permanent mental or physical impairment or intoxication.
  • Incest includes non-forcible sexual intercourse between persons who are related to each other within the degrees wherein marriage is prohibited by law.
  • Statutory Rape includes non-forcible sexual intercourse with a person who is under the statutory age of consent.

Sexual assault further includes any sexual intrusion, sexual penetration, or sexual contact on a victim if the actor knows the victim does not consent, the actor knows the victim is incapable of appraising the nature of the victim’s conduct, the actor knows the victim submits erroneously believing the actor to be the victim’s spouse, the victim is not of legal age to consent, the actor knows the victim is physically helpless and has not consented, or any other circumstances defined by state law to be sexual assault or unlawful sexual contact. C.R.S. §§ 18-3-402 & -404.

“Stalking” is engaging in a course of conduct directed at a specific person that would cause a reasonable person to fear for the person’s safety, or the safety of others, or suffer substantial emotional distress. Stalking further includes directly or indirectly through another person, knowingly:

  • Making a credible threat to another person and, in connection with the threat, repeatedly following, approaching, contacting, or placing under surveillance that person, a member of that person’s immediate family, or someone with whom that person has or has had a continuing relationship.
  • Making a credible threat to another person and, in connection with the threat, repeatedly making any form of communication with that person, a member of that person’s immediate family, or someone with whom that person has or has had a continuing relationship, regardless of whether a conversation ensues.
  • Repeatedly following, approaching, contacting, placing under surveillance, or making any form of communication with another person, a member of that person’s immediate family, or someone with whom that person has or has had a continuing relationship in a manner that would cause a reasonable person to suffer serious emotional distress and does cause that person, a member of that person’s immediate family, or someone with whom that person has or has had a continuing relationship to suffer serious emotional distress. C.R.S. § 18-3-602.

“Supportive Measures” are non-disciplinary, non-punitive, individualized services offered as appropriate, as reasonably available, and without fee or charge to the Complainant or the Respondent before or after the filing of a formal complaint or where no formal complaint has been filed. Such measures are designed to restore or preserve equal access to employment and educational programs and/or activities without unreasonably burdening the other party, including measures designed to protect the safety of all parties or the educational/employment environment, or deter sexual harassment. Supportive measures may include counseling, extensions of deadlines or other course-related adjustments, modifications of work or class schedules, campus escort services, mutual restrictions on contact between the parties, changes in work or housing locations, leaves of absence, increased security and monitoring of certain areas of the campus, and other similar measures.

CCCS will maintain as confidential any supportive measures provided to the Complainant or Respondent, to the extent that maintaining such confidentiality would not impair the ability of CCCS to provide the supportive measures. The Civil Rights/Title IX Coordinator is responsible for coordinating the effective implementation of supportive measures.

APPENDIX B

Compliance Requirements

Colleges must publish the following information on their website and in any student or employee handbooks/catalogs:

  • Prohibition of Discrimination, Harassment, or Retaliation Policy and Civil Rights and Sexual Harassment Resolution Process (or the College-specific nondiscrimination policy and complaint procedure).
  • Civil Rights/Title IX Coordinator contact information including name, job title, office address, email, and phone number.

Colleges must also publish the following information on their website:

  • A local, state, or national 24-hour hotline that provides information on sexual harassment.
  • Information about obtaining a Sexual Assault Nurse Examiner (SANE) forensic exam after a sexual assault, including local programs where the Colleges have MOUs for obtaining SANE exams, how to schedule an exam and arrange transportation, and who the individual can contact for more information. This publication must include a statement that says individuals can obtain a SANE exam without being required to participate in a law enforcement investigation or criminal justice response.
  • All training materials used to train employees who have a role in Title IX/Sexual Harassment complaint resolutions.

In addition, at least annually, Colleges must disseminate notice of their policy and procedure and Civil Rights/Title IX Coordinator contact information targeting current students and employees (e.g., by sending an email containing the information), and prospective students and employees (e.g., by including it with the admission or employment application).

For CTE publications, the notice of nondiscrimination must include: “[COLLEGE] will take appropriate steps to ensure that the lack of English language skills will not be a barrier to admission and participation in vocational education programs.”

For Colleges operating in a service area that contains a community of national origin minority persons with limited English language skills, public notification materials must be disseminated to that community in its language. (34 CFR § 100 Appx B (V-E))

CCCS 2019 Training Materials
CCCS 2020 Training Materials
CCCS 2021 Training Materials
CCCS 2022 Training Materials
CCCS 2023 Training Materials
CCCS 2024 Training Materials
CCCS 2025 Training Materials

Colleges must ensure that employees receive regular training related to their role in a civil rights/sexual harassment case.

All employees working on a Title IX/Sexual Harassment case (including Civil Rights/Title IX Coordinators, investigators, hearing officers, and informal resolution facilitators) must receive training on the following topics:

  • The Prohibition of Discrimination, Harassment, or Retaliation Policy and Civil Rights and Sexual Harassment Resolution Process (or the College-specific nondiscrimination policy and complaint procedure);
  • Definition of Sexual Harassment;
  • The scope of the College’s program or activity where the conduct occurred;
  • How to conduct an investigation, hearing, appeal, or informal resolution, as applicable; and
  • How to serve impartially, including avoiding prejudgment of facts, conflicts of interest, and bias.

Additionally, Colleges must offer training to promote awareness of and prevention of sexual harassment and training on the Prohibition of Discrimination, Harassment, or Retaliation Policy and Civil Rights and Sexual Harassment Resolution Process (or the College-specific nondiscrimination policy and complaint procedure). This training must be offered annually to all incoming students and new employees and to all students and employees anytime there is a substantial update to the policy or procedure.

On or before October 1st every year, CCCS must provide to the Colorado Department of Higher Education:

  • A copy of the Prohibition of Discrimination, Harassment, or Retaliation Policy and Civil Rights and Sexual Harassment Resolution Process;
  • A Statement as to how the System/Colleges are providing information to students on how to receive support regarding sexual harassment and how it is promoting the information;
  • A description of the sexual harassment training provided by CCCS; and
  • A statement as to any changes in the manner in which CCCS provides or promotes the information.