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SP 8-70a – Unfair Competition

Colorado Community College System / System Procedure

SP 8-70a

EFFECTIVE: October 6, 1988
REVISED: July 1, 1997
RETITLED: September 14, 2000
RETITLED: August 25, 2001
REVISED: December 13, 2023
RENUMBERED: December 13, 2023

REFERENCE(S): C.R.S. § 24-113-104, State Government Competition with Private Enterprise

APPROVED:
/ Joseph Garcia /
Joseph A. Garcia, Chancellor

APPLICATION

This procedure applies to the Colorado Community College System, including its Colleges (CCCS or System).

BASIS

Unfair competition by an institution of higher education, as defined in law, is prohibited. This procedure establishes a process by which a privately owned business may file a complaint that a CCCS College is providing goods or services in a manner that constitutes unfair competition with that privately owned business.

PROCEDURE

Filing a Complaint:
  • Complaints shall be submitted in writing to the College President.
  • The College President, or their designee, shall set a date and time to have a hearing on the matter.
  • The College President or designee shall provide a written decision to the private business.
  • If the decision is unfavorable to the private business, the private business may submit a written notice of appeal, requesting review of the decision by the State Board for Community Colleges and Occupational Education (SBCCOE or Board).
Appeal Process:
  • The notice shall be directed to the Chancellor and must be submitted within ten (10) calendar days of receipt of notice of the College President’s decision.
  • The notice of appeal shall state all errors the private business claims in the decision or in the decision-making process.
  • Upon receipt of a notice of appeal, the Chancellor shall request the College President respond to the private business’s claims of error and forward any relevant records.
  • After receipt of the response from the College President, the Chancellor shall arrange for the record of the matter to be reviewed by the Board.
  • The Board shall give written notice of its decision, and the Chancellor shall serve a copy of the Board’s decision upon all parties.
  • The Board’s decision shall be final.

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.