Disciplinary action in cases of alleged interpersonal violence
CSU strictly prohibits all acts of sexual harassment, sexual assault, domestic violence, dating violence, and stalking through its Student Conduct Code (https://resolutioncenter.colostate.edu/wp-content/uploads/sites/32/2018/08/Student-Conduct-Code-v2018.pdf) and the Title IX Sexual Harassment policy (http://policylibrary.colostate.edu/policy.aspx?id=773).
In addition to facing possible criminal investigation and prosecution, students, employees and other affiliates may also be subject to university investigation and disciplinary action from the university. Students or employees found responsible for having committed interpersonal violence face discipline up to and including permanent expulsion, termination of employment, suspension, probation, education requirements, and related discipline.
The university may receive reports of interpersonal violence from a variety of sources including:
- Victims and witnesses
- Campus security authorities
- Responsible employees
- Other law enforcement agencies
- University offices such as the Office of Support & Safety Assessment
- Members of the community who are not campus security authorities but who learn of an incident and choose to report it
A report of interpersonal violence can be made online (https://cm.maxient.com/reportingform.php?ColoradoStateUniv&layout_id=17), via email at titleix@colostate.edu, by phone at 970-491-1715, and in person at the Office of Title IX Programs and Gender Equity 123 Student Services Building Colorado State University Fort Collins, CO, 80523.
In all cases, whether involving a disciplinary process for students or employees, the university will provide a prompt, equitable, fair and impartial process from the initial investigation to the final result.
The university strives to complete each investigation, hearing and appeal process in a timely manner. While delays can occur for reasons beyond the control of the university, the anticipated timeline for an investigation, adjudication and appeal proceeding in cases involving students, employees or both is approximately 120-210 days from the filing of the initial report.
The main steps in the disciplinary process when handled by the Title IX office and anticipated timelines for each include:
- Report received. Office of Title IX Programs and Gender Equity is responsible for receiving and reviewing reports of interpersonal violence.
- Preliminary inquiry. Office of Title IX Programs and Gender Equity is the responsible decision maker. The approximate timeline for this step is 30 days.
- Investigation and issuance of investigation report is the responsibility of Office of Title IX Programs and Gender Equity. This step may take approximately 90 days.
- Informal resolution, where applicable involving student responding parties. Student Resolution Center is the responsible office for assisting in informal resolution (defined below) within approximately 60 days.
- All parties (complainant and respondent) are given 12 days (10 business days) of time to review and respond to investigation report.
- Formal hearing or issuance of findings is under the responsibility of a hearing officer. This process may take up to 45 days.
- The complainant and respondent are provided 10 business days to file appeals.
- If an appeal is filed, an appeal panel has 21 days to consider the appeal and make a decision.
The informal resolution process is voluntary. It is designed to resolve complaints without a hearing while meeting the needs and interests of the parties. It is available only after a formal complaint has been filed and at any time during the investigation. All parties and the Title IX Coordinator or designee must agree in writing to participate for an informal resolution procedure to be used, and all parties must agree in writing to the proposed resolution. If the parties are unable to agree, or if any party chooses not to engage in or to withdraw from the informal resolution procedure before it concludes, then the informal resolution procedure will terminate, and formal grievance procedures will be followed.
Pursuing an informal resolution does not preclude later use of a formal investigation if new information becomes available or if the informal resolution does not achieve its intended purpose. The Title IX Coordinator or designee may initiate an investigation at any time that the Title IX Coordinator deems it appropriate, solely at the discretion of the Title IX Coordinator.
Extensions of time are granted in circumstances where there is good cause. Every situation is different and many factors can affect the timeline.
Information About Disciplinary Proceedings
In the case of a report of sexual assault, domestic violence, dating violence, or stalking, CSU proceedings are governed under the CSU policy on Title IX Sexual Harassment (http://policylibrary.colostate.edu/policy.aspx?id=773) and the related procedures for investigating and responding to complaints of sexual harassment under Title IX Laws and Regulations (https://titleix.colostate.edu/procedures/).
Procedures for institutional disciplinary action in cases of alleged dating violence, domestic violence, sexual assault, or stalking when governed under the Title IX Sexual Harassment policy include the following:
- A signed written, formal complaint submitted by impacted party outlining allegations requesting a formal investigation into the allegations.
- Complaint is reviewed by the Title IX Coordinator who issues a determination to open investigation or dismiss complaint.
- The need for accommodations or protective measures is assessed and these measures are issued if needed.
- A notice of investigation is issued simultaneously to both impacted party and responding party.
- Both impacted party (the complainant or victim) and responding party (the accused) are entitled to updates throughout the investigation.
- Both parties are afforded the same rights during the investigation, adjudication and appeal stages of the proceedings.
If disciplinary proceedings are appropriate, written notice will be provided to both parties and a hearing will be scheduled.
A hearing officer will conduct a live hearing. The parties will have the opportunity to cross examine each other and witnesses. At no time may parties conduct cross examination. All cross examination will be conducted by party’s advisor.
Determinations are made by the hearing officer using the preponderance of the evidence standard, which means that a responding party is found responsible for violating the policy if it is more likely than not that the alleged misconduct occurred. This standard of evidence is used for all interpersonal violence allegations.
In all proceedings, including any related meetings or hearings, both the impacted party and responding party are entitled to the same opportunities to have others present at the hearing. This includes the right to be accompanied by a support person of their choice as well as an advisor. A support person is any individual who provides the party support, guidance or advice and may, but need not be, an attorney. An advisor is someone who during a live hearing will conduct cross-examination of the other parties and witnesses; the party cannot personally conduct cross-examination of the other party. If during the hearing a party does not have an advisor present the university will appoint one to conduct cross examination on their behalf.
Both parties are informed simultaneously in writing of the outcome of the proceeding and the procedure and time frame in which to file an appeal of the outcome, of any change to the results that occurs because of the appeal, and when such results become final.
Responding parties found responsible for interpersonal violence face university disciplinary action. Remedies will be issued to the impacted party.
All investigations and proceedings are conducted by officials who receive annual training on interpersonal violence investigation and adjudication, how to conduct an investigation fairly and impartially, and how to conduct a proceeding in a manner that protects the safety of the parties and promotes accountability.
Full text of procedures, policies, and definitions can be found at this Title IX website (https://titleix.colostate.edu/procedures/).
Procedures for institutional disciplinary action in cases of alleged dating violence, domestic violence, sexual assault, or stalking when governed under the Student Code of Conduct policy include the following:
- A report is received by Title IX Programs and Gender Equity.
- Report is reviewed by an Investigator in Title IX Programs and Gender Equity who outreaches to the involved parties.
- The need for accommodations or appropriate measures is assessed and these measures are issued if needed.
- Title IX Programs and Gender Equity investigates, offers an option for a voluntary resolution following the procedures above, or both.
- If the case does not move to an involuntary resolution Title IX Programs and Gender Equity issues an investigative report to Student Conduct Services.
- Student Conduct Services charges the responding party from the prohibited conduct section of the Student Conduct Code or to close the case with no further action.
- A notice of hearing is issued to the parties which will include the time, date and location of the hearing as well as the information gathered from the investigation (with limited exception). Any information withheld from the notice of hearing will be made available to the parties upon request at the Student Resolution Center.
Determinations are made by the hearing officer using the preponderance of the evidence standard, which means whether it is more likely than not that the alleged misconduct occurred. This standard of evidence is used for all Student Conduct Code allegations.
The parties may bring a support person or advisor to the hearing, at their own expense. The support person or advisor may be an attorney. The support person or advisor may not speak on the student’s behalf or participate directly in the hearing. The support person or advisor may not serve in a dual role as a witness in the hearing. A support person or advisor may not be another student except for extraordinary circumstances and approved by a Hearing Officer.
Responding parties found responsible for interpersonal violence face university disciplinary action. Information about this action will be shared with the impacted party.
Both parties are informed simultaneously in writing of the outcome of the proceeding and the procedure and time frame in which to file an appeal of the outcome, of any change to the results that occurs because of the appeal, and when such results become final.
All investigations and proceedings are conducted by officials who receive annual training on interpersonal violence investigation and adjudication, how to investigate fairly and impartially, and how to conduct a proceeding in a manner that protects the safety of the parties and promotes accountability.
Both parties are afforded the same rights during the investigation, adjudication and appeal stages of the proceedings.
In all university disciplinary procedures for employees and students, the proceedings will:
- Include a prompt, fair, and impartial process from the initial investigation to the final result.
- Be conducted by officials who, at a minimum, receive annual training on the issues related to dating violence, domestic violence, sexual assault, and stalking and on how to investigate and hearing process that protects the safety of victims and promotes accountability.
- Provide the accuser and the accused with the same opportunities to have others present during any institutional disciplinary proceeding, including the opportunity to be accompanied to any related meeting or proceeding by the advisor of their choice.
- Not limit the choice of advisor or presence for either the accuser or the accused in any meeting or institutional disciplinary proceeding; however, the institution may establish restrictions regarding the extent to which the advisor may participate in the proceedings, as long as the restrictions apply equally to both parties.
- Require simultaneous notification, in writing, to both the accuser and the accused, of:
- The result of any institutional disciplinary proceeding that arises from an allegation of dating violence, domestic violence, sexual assault, or stalking.
- The institution’s procedures for the accused and the victim to appeal the result of the institutional disciplinary proceeding, if such procedures are available.
- Any change to the result.
- When results become final.
Disciplinary Sanctions for Students
For a student found responsible for violating the Student Conduct Code, disciplinary sanctions may be imposed pursuant to the Student Conduct Code, up to and including expulsion from CSU.
Disciplinary sanctions may include but are not limited to:
- Disciplinary standings
- Disciplinary probation
- Loss of good standing
- Disciplinary suspension
- Deferred disciplinary suspension
- Disciplinary expulsion
- Loss of student organization recognition
- Discretionary sanctions
- Alcohol and drug education, intervention, or treatment
- A continuum of conflict resolution processes
- Withholding or revocation of a degree
- Educational sanctions
- Restorative sanctions
- Temporary or permanent University housing modification including removal from University housing
- Interpersonal violence evaluation/treatment
- Parent/guardian notification (student under the age of 21)
- Compliance with court-ordered sanctions
Disciplinary Sanctions for Employees
For an employee found responsible for violating a university policy, disciplinary sanctions may be imposed pursuant to applicable policies and procedures, up to and including termination from university employment. Any disciplinary action for a tenured faculty member must follow the procedures outlined in Section E.15, Disciplinary Action for Tenured Faculty, of the Faculty and Administrative Professional Manual.
Disciplinary sanctions may include:
- Coaching
- Verbal reprimand, documented conversation
- Pay reduction
- Suspension without pay
- Demotion
- Facilitation or mediation
- Change in job responsibilities
- Letter of expectation
- Termination
Proceedings Involving Employees
To file a complaint against an employee for sexual harassment, sexual assault, domestic violence, dating violence, or stalking, complainants must contact:
Office of Equal Opportunity
970-491-5836
oeo@colostate.edu
Room 101 in the Student Services Building
Complaints involving only employees may be addressed through either an informal or formal process under the procedures. The informal process involves the use of conflict resolution techniques to reach a mutually agreed-upon resolution between the parties. Informal resolution is not permitted in cases involving a student impacted party and an employee responding party.