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Interim Nondiscrimination and Anti-harassment Policy and Procedures

** The College does not avail itself to any federal or state law, rule or regulation that is not applicable to the College regardless of whether it is cited in these procedures.

Responsible office: Title IX
Responsible party: Title IX Coordinator and Deputy Title IX Coordinators
Last revision: May 2021
Approved by
Approval date
Effective date: August 2020
Last review: August 2020
Additional references: 42 U.S.C. § 2000d (Title VI of the Civil Rights Act of 1964, as amended in 1972); 42 U.S.C. § 2000e (Title VII of the Civil Rights Act of 1964) ; 20 U.S.C. § 1681, et seq. (Title IX of the Education Amendments of 1972); 34 CFR § 106.01, et seq. (Nondiscrimination on the basis of Sex in Education Programs or Activities Receiving Federal Financial Assistance); 42 U.S.C. § 12101 et seq. (Americans with Disabilities Act of 1990); 29 U.S.C. § 701 et seq. (Section 504 of the Rehabilitation Act of 1973); 29 U.S.C. § 621 et seq. (Age Discrimination in Employment Act of 1967) and 29 U.S.C. § 6101 et seq. (Age Discrimination in Employment Act of 1975); 20 U.S.C. § 1092, implementing regulations 34 C.F.R. 668.46 (Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act or Clery Act of 1990) [“sexual assault” as defined in 20 U.S.C. § 1092(f)(6)(A)(v); “domestic violence,” as defined in 34 U.S.C. § 12291(a)(8); “dating violence” as defined in 34 U.S.C. § 12291(a)(10); “stalking” as defined in 34 U.S.C. § 12291(a)(30)]

Scope

All financial and administrative policies involving community members across campus, including volunteers are within the scope of this policy. If there is a variance between departmental expectations and the common approach described through college policy, the college will look to the campus community, including volunteers to support the spirit and the objectives of college policy. Unless specifically mentioned in a college policy, the college’s Board of Trustees are governed by their Bylaws.

Policy

Contents

I. Introduction

II. Definitions

III. Scope

IV. Reporting Prohibited Conduct

V. The College’s Response to Reports of Prohibited Conduct

VI. Resolution Procedures of Reports of Prohibited Conduct Other than Title IX Sexual Harassment

VII. Appeal Process of Determinations Resolving Non-Title IX Sexual Harassment Complaints

VIII. Miscellaneous

I. INTRODUCTION

Colorado College is committed to providing an environment free from discrimination and harassment based on race, creed, color, religion, national or ethnic origin, disability, veteran status, age, marital status, genetic information, sex, sexual orientation, gender, gender identity or expression or perceived gender, pregnancy, or any other status protected under local, state or federal law; and sexual misconduct, including but not limited to, sexual violence, such as partner, dating and domestic violence, sexual assault, sexual exploitation, and stalking. The College prohibits and does not tolerate discrimination and harassment against students, faculty, staff, applicants for admission or employment, and visitors in its education programs and activities, employment practices or public accommodations. To further this commitment, the College prohibits retaliation against anyone participating in an investigation of alleged violations of this Policy or in any related proceeding, including a criminal proceeding or a proceeding with a government agency.

The College requires all faculty and staff, except confidential resources, to promptly report conduct that may violate this Policy to the Title IX Coordinator or one of the Deputy Title IX Coordinator. The College also strongly encourages students, applicants for admission and employment, and visitors to promptly report to the College conduct that may violate this Policy. Additionally, in the case such conduct may be criminal in nature, the college encourages individuals to report it to law enforcement if they feel safe and comfortable doing so. Even when a report is not made, the College will promptly and appropriately address conduct it becomes aware of that may violate this Policy. In the case of Title IX Sexual Harassment, when the College has actual knowledge of Title IX Sexual Harassment in its education programs or activities against a person in the United States, as articulated in the Title IX Sexual Harassment Grievance Procedures (hereinafter referred to as the “Title IX Procedures”), it has an obligation to investigate and/or remedy prohibited conduct. Whenever a report of conduct prohibited by this Policy is received, the Title IX Coordinator or Deputy Title IX Coordinator will assess the allegations and assist the reporting party in initiating the desired or necessary grievance process, as described in more detail in this Policy.

An alleged violation of this Policy will be investigated and remedied in accordance with the procedures of this Policy or, when appropriate, the Title IX Procedures. The College retains sole discretion to take appropriate action, depending on the facts and circumstances of any particular situation and consistent with applicable law. The College is committed to procedures that are equitable for the reporting party (and the subject of an alleged violation if not the reporting party) and the responding party. The College strives to impartially and reliably investigate alleged violations of this Policy and take prompt and appropriate action when violations are found to have occurred so as to prevent their recurrence and remedy their effects.

Individuals who engage in discrimination and harassment in violation of this Policy will be subject to disciplinary and other remedial action under this and other applicable policies. Conduct that violates this Policy may also violate certain criminal and civil laws, including but not limited to Title VI and VII of the Civil Rights Act of 1964, Section 504 of the Rehabilitation Act of 1973, the Americans with Disabilities Act of 1990, the Age Discrimination Act of 1967, the Age Discrimination Act of 1975, Title IX of the Education Amendments of 1972, and the Violence Against Women Act, all as amended.

This Policy does not create any contractual rights between the College and any individual, including but not limited to students, faculty, staff, applicants or visitors. This Policy may be interpreted, applied or amended at any time at the sole discretion of the College and this version of the Policy supersedes all prior versions. If there is any variance between departmental or other policies and expectations in any other financial or administrative policies concerning the content of this Policy, this Policy will control.

II. DEFINITIONS

To the extent any of the following definitions overlap, the intent is that they be construed broadly and be illustrative in nature of the conduct prohibited by this Policy. If you have questions about these definitions or would like further explanations of these definitions, please contact the Title IX Coordinator or Deputy Title IX Coordinator.

A. Consent means each person involved in sexual activity has given knowing, willing, free, and clear permission to engage in the sexual activity or contact. Consent is an active and affirmative process. For more information on the College’s requirements regarding consent, see “Sexual Misconduct,” Section III.C.3 of this Policy.

B. Decisionmaker means an individual responsible for reaching a determination regarding responsibility of a report of harassment or discrimination pursuant to this Policy. The appellate decisionmaker means an individual responsible for reviewing an appeal of a determination regarding responsibility of a violation of this Policy.

C. Discrimination means treating a person (or group) unfavorably or differently because of that person’s (or group’s) race, creed, color, religion, national or ethnic origin, disability, veteran status, age, marital status, genetic information, sex, sexual orientation, sexual preference, gender, gender identity or expression or perceived gender, pregnancy, or any other status protected under local, state or federal law.

D. Educational program or activity means locations, events, or circumstances over which the College exercised substantial control over both the Title IX Respondent and the context in which Title IX Sexual Harassment occurs, such as but not limited to any building owned or controlled by a student organization that is officially recognized by the College.

E. Formal Complaint means a document signed and filed with the College by a Complainant, as defined in the Title IX Procedures, or signed by the Title IX Coordinator on behalf of the Complainant, alleging Title IX Sexual Harassment against a Respondent, as defined in the Title IX Procedures, and requesting that the College investigate the allegations of Title IX Sexual Harassment in accordance with the Title IX Procedures.

F. Harassment means verbal or physical conduct that is unwelcome and so severe or pervasive to create a work or educational environment under both an objective (e.g., a reasonable person’s view) and subjective (e.g., the subject of the alleged conduct’s view) standard that it has the purpose or effect of unreasonably interfering with a person’s (or group’s) academic or work performance or creating an intimidating, hostile, or offensive educational or working environment, otherwise known as a “hostile environment”. Harassment may be a form of discrimination when it targets a person (or group of persons) on the basis of that person’s (or group’s) race, creed, color, religion, national or ethnic origin, disability, veteran status, age, marital status, genetic information, sex, sexual orientation, sexual preference, gender, gender identity or expression or perceived gender, pregnancy, or any other status protected under local, state or federal law.

G. Reporting party means a person reporting an alleged violation(s) of this Policy or person to or against whom conduct prohibited by this Policy is directed. The subject of an alleged violation may or may not be the reporting party. The subject of an alleged violation may choose not to report the alleged violation or may otherwise not be the one who reports the alleged violation, but who nevertheless is the one who is able to participate in the procedures of and pursue the resources set forth in this Policy. For purposes of this Policy, the subject of an alleged violation will generally be referred to as the “reporting party”.

H. Responding party means the person reported to have engaged in an act(s) that may constitute a violation of this Policy.

I. Retaliation means any adverse or negative action or behavior taken against a person as a consequence of such person raising good faith concerns about conduct prohibited by this Policy; opposing discrimination, harassment or sexual misconduct; reporting, making a report or complaint, cooperating, and/or participating in any way in the College’s procedures under this Policy or the Title IX Procedures (including as a witness); or otherwise participating in a process administered by any other third party (including, for example, a criminal process or complaint with a government agency).

J. Sexual harassment

1. Sexual harassment means any unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature when: (1) submission to such conduct is made either explicitly or implicitly a term or condition of an individual’s educational or employment endeavors (also referred to as “quid pro quo”); (2) submission to or rejection of such conduct is used as the basis for decisions affecting that individual’s educational or employment endeavors; or (3) such conduct is sufficiently severe or pervasive to unreasonably interfere with an individual’s employment or academic performance under both an objective (e.g., a reasonable person’s view) and subjective (e.g., the subject of the alleged conduct’s view) standard or creates an intimidating, hostile, or offensive educational or working environment, otherwise known as a “hostile environment”. Sexual harassment may include, but is not limited to, unwelcome texts, phone calls, internet-based communications, or other electronic communications of a sexual nature; crude, obscene, or sexually offensive gestures or unwelcome sexual comments.

2. “Title IX Sexual Harassment” means conduct that occurs in the United States within the educational program or activity of the College, including but not limited to sexual violence and stalking, which falls under the jurisdiction of Title IX of the Education Amendments of 1972. Title IX Sexual Harassment will be remedied under the procedural requirements of the Title IX Procedures.

K. Sexual misconduct includes but is not limited to sexual harassment and Title IX Sexual Harassment; sexual violence, which may include intimate partner, dating and domestic violence; sexual assault; sexual exploitation; stalking; and any other form of gender-based discrimination or harassment.

L. Sexual violence means