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CSM BRUNTON

STUDENT SEXUAL MISCONDUCT AND HARASSMENT POLICIES

Student Sexual Misconduct Policy
Sexual Harassment Policy and Complaint Procedure

Student Sexual Misconduct Policy

A. DEFINITIONS

1. For the purpose of this policy, sexual misconduct is defined as either: (a) making intentional sexual contact with another person without that person’s consent, which, when given, must be given willingly; or (b) forcing another person to make sexual contact with oneself.

• 2. For the purpose of this policy, sexual contact is defined as the touching of a private or intimate area of another person’s body with a part of one’s own body, or an object.

B. POLICY STATEMENT

Student sexual misconduct, whether occurring on-campus or off-campus, will not be tolerated by Colorado School of Mines (CSM). Any complaint by a CSM student alleging sexual misconduct shall be investigated by the Vice President for Student Life pursuant to section D of this policy. A CSM student who has been found to have violated this policy shall be subject to sanctions pursuant to section E of this policy. A CSM student who has been found to have filed a frivolous or bad faith complaint shall also be subject to the range of sanctions listed in section E. Excessive alcohol consumption by a student who has been found to have violated this policy shall not be considered a mitigating factor in the offense, although it may constitute an aggravating factor in the disposition of the complaint by CSM.

C. COMPLAINT REPORTING PROCEDURE

Violations of this policy should be reported to the administration of CSM through the Office of the Vice President for Student Life (273-3357) or the Student Development Center (273-3377) or the Office of Public Safety (273-3333). Although initial reporting may be accomplished verbally, all formal complaints alleging a violation of this policy shall be submitted in writing. Medical assistance for student victims of sexual misconduct is available from the Student Health Center (273-3381). Counseling services for student victims of sexual misconduct is available from the Student Development and Academic Services Office.

In severe cases, sexual misconduct may also constitute sexual assault or rape, which are violations of the Colorado Criminal Code. In addition to reporting such incidents to CSM as set forth above, students who have been victimized by this type of conduct should promptly report it to the Office of Public Safety.

Many forms of sexual misconduct may also constitute sexual harassment, which is prohibited by CSM’s Sexual Harassment Policy. This policy is printed in the CSM Bulletin and the CSM Brunton. A copy of this policy can also be obtained from the Office of Legal Services (273-2321), which is located on the third floor of Guggenheim Hall, or the Office of Human Resources and Affirmative Action (273-3250), which is located on the second floor of Guggenheim Hall. Sexual harassment complaints involving students should be reported to the administration of CSM through the Student Development and Academic Services Office, the Office of the Vice President for Student Life, the Office of Human Resources and Affirmative Action, or the Office of Legal Services.

D. COMPLAINT INVESTIGATION PROCESS

During the complaint investigation process, the Vice President for Student Life may meet with the complaining student and the accused student, either separately or together, as many times as he or she feels is necessary to investigate the complaint fairly and thoroughly. Student participants in such meetings shall be entitled to be accompanied by a representative of their choosing. At any stage of the process, the vice president may consult with the Director of Legal Services or request legal representation in the investigation process. The following is a general outline of the complaint investigation process:

1. After reviewing the written complaint, the vice president may informally meet with the complaining student to obtain additional information about the complaint.
2. The vice president shall inform the accused student about the complaint in writing, provide the student with a copy of the complaint, and invite the student to file a written response.
3. The vice president shall informally meet with the accused student to provide the student with an opportunity to explain his or her version of the incident or to present a defense to the complaint.
4. The vice president shall informally meet with all witnesses to the alleged conduct, either separately or together, to ascertain their recollections of relevant events.
5. At any stage of the process, either the complaining student or the accused student may submit relevant documents for the vice president’s consideration. The vice president shall review any submitted documents prior to rendering a decision.
6. The vice president shall render a written decision, including the following elements:

1. a factual determination based upon the perceived credibility of the parties and witnesses;
2. a statement addressing whether or not a violation of the policy has been found to have occurred; and
3. a statement outlining what sanctions, if any, will be imposed upon the accused student for violating this policy, or upon the complaining student for filing a frivolous or bad faith complaint.

E. SANCTIONS FOR POLICY VIOLATIONS

Any one or more of following sanctions may be imposed by CSM upon students who have been found to have violated this policy:

1. Reprimand;
2. Probation;
3. Suspension;
4. Dismissal; and/or
5. Any other appropriate sanction authorized by the Student Code of Conduct which is reasonably calculated to punish the offender for his or her conduct.

F. APPEALS

Sexual Harassment Policy and Complaint Procedure

I. STATEMENT OF AU THORITY AND PURPOSE

This policy is promulgated by the Board of Trustees pursuant to the authority conferred upon it by §23-41-104(1), C.R.S. (1989) in order to set forth a policy concerning sexual harassment at CSM. This policy shall supersede any previously promulgated CSM policy which is in conflict herewith.

II. SEXUAL HARASSMENT POLICY

A. Definition of Sexual Harassment

Sexual harassment shall, without regard to the gender of the alleged perpetrator or victim, consist of 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 employment or scholastic endeavors; (2) submission to or rejection of such conduct by an individual is used as the basis for employment or academic decisions affecting the individual; or (3) such conduct has the purpose or effect of unreasonably interfering with an individual’s work or school performance, or creating an intimidating, hostile, or offensive working or studying environment.

B. Policy Statement

CSM wishes to foster an environment for its students and employees which is free from all forms of sexual harassment, sexual intimidation, and sexual exploitation. Accordingly, CSM will not tolerate sexual harassment and will take all necessary measures to deter such misconduct and discipline violators of this policy with appropriate sanctions. Furthermore, retaliation in any form against an individual for reporting sexual harassment or cooperating in a sexual harassment investigation is strictly prohibited. Such retaliation shall be dealt with as a separate instance of sexual harassment. The remainder of this policy shall contain a complaint procedure outlining a method for reporting alleged violations of this policy and a review mechanism for the impartial determination of the merits of complaints alleging sexual harassment.

C. Sanctions for Sexual Harassment

Appropriate sanctions may be imposed upon an employee or student who has sexually harassed another. The term Perpetrator shall be utilized herein to refer to such a person. The sanctions may include one or more of the following: verbal reprimand and warning, written reprimand and warning, student probation, suspension from registration, monetary fine, suspension without pay, expulsion, or termination. In determining appropriate sanctions for the offense, the decision maker shall consider the severity of the offense, aggravating and mitigating factors, and the Perpetrator’s previous history of sexual harassment offenses. If the decision maker concludes that a lack of comprehension of the concept of sexual harassment is a factor in the offense, the Perpetrator can also be required to attend a sexual harassment seminar or workshop.

III. PERSONS WHO MAY FILE A SEXUAL HARASSMENT COMPLAINT

A sexual harassment complaint may be filed by an individual described in one of the categories below:

1. Any person who believes that he or she has been sexually harassed by a member of the CSM community, including classified personnel, exempt employees, and students;
2. Any person who believes that he or she has been threatened with or subjected to duress or retaliation by a member of the CSM community as a result of (1) opposing any perceived sexual harassment; (2) filing a complaint hereunder; (3) representing a Complainant hereunder; or (4) testifying, assisting, or participating in any manner in an investigation, proceeding, hearing, or lawsuit involving sexual harassment; or
3. The Human Resources Director or an attorney from the Office of Legal Services if any of these deem it to be in the best interest of CSM to do so.

IV. INFORMAL COMPLAINT RESOLUTION PROCESS

At the request of an individual who has come forward with a sexual harassment complaint, hereinafter referred to as the “Complainant,” the Director of Human Resources shall assist in an attempt to resolve the complaint in an informal manner. Although verbal requests to proceed with the informal complaint resolution process will be honored, complainants are strongly encouraged to put such requests in writing. The informal sexual harassment complaint resolution process shall consist of an informal discussion between the Complainant and the individual accused of sexual harassment, hereinafter the “Respondent.” The Director of Human Resources shall act as a mediator during this process, which shall be calculated to bring the complaint to the attention of the Respondent and elicit the voluntary cooperation of the Respondent in settling the matter. By attempting to resolve the sexual harassment complaint in an informal manner pursuant to the terms of this section, the Complainant shall not waive any rights to subsequently pursue the complaint through the formal sexual harassment complaint procedure set forth below.

V. FORMAL COMPLAINT PROCEDURE

A. Purpose

The purpose of the Formal Sexual Harassment Complaint Procedure is to provide a formal mechanism for the prompt and fair internal resolution of complaints alleging sexual harassment. The procedure outlined below shall be the exclusive forum for the internal resolution of sexual harassment complaints at CSM.

B. Where to file a Complaint

All complaints by non-students alleging sexual harassment or retaliation shall be lodged with the Human Resources Office located on the second floor of Guggenheim Hall. Complaints by students alleging sexual harassment or retaliation may be submitted to the Human Resources Office, the Student Development Center, the Dean of Students, any faculty member, or any Resident Assistant. Any recipient of a student sexual harassment or retaliation complaint shall promptly forward such complaint to the Director of Human Resources for handling in accordance with the provisions set forth below.

C. Time Limits

A complaint may be lodged at any time, but CSM strongly encourages individuals who feel they have been victims of sexual harassment to come forward as soon as possible after the occurrence of the incident, event, or other action alleged to constitute sexual harassment or retaliation.

D. Contents of Complaint

Although a verbal sexual harassment complaint will be investigated, complainants are strongly encouraged to submit sexual harassment complaints in writing. Written complaints must be signed and must set forth specific factual matters believed to constitute sexual harassment or retaliation. The Complaint shall name as Respondent each individual whom the Complainant believes to have committed, participated in, or encouraged the sexual harassment or retaliation. The complaint shall also include a brief statement describing the relief requested by the Complainant.

E. Fulfillment of Complaint Prerequisites

As soon as practicable after receipt of the complaint, the Director of Human Resources shall submit the complaint to an attorney from the Office of Legal Services, who shall determine if the prerequisites outlined above have been fulfilled. If the prerequisites have not been fulfilled, the reviewing attorney shall inform the Complainant of the specifics of such determination in writing. The Complainant shall have the opportunity to correct any deficiencies and re-file the complaint. If the prerequisites have been fulfilled, the complaint will be handled as set forth below.

F. Choice of Remedies

No Complainant shall be permitted to simultaneously file an unlawful discrimination claim under the CSM Unlawful Discrimination Policy and a sexual harassment claim under the CSM Sexual Harassment Policy against the same individual arising out of an identical set of facts. In such a situation, a Complainant shall be entitled to file his or her claim under either of the above-mentioned policies.

G. Notification of CSM Management Personnel

As soon as practicable after a determination has been made that the complaint is sufficient pursuant to subsection V.E. above, the Office of Legal Services shall notify CSM Management Personnel of the complaint and provide them with a copy thereof. For the purpose this policy, the term CSM Management Personnel shall refer to the President, the vice president in whose area the Respondent is employed or enrolled, and, if applicable, the Respondent’s immediate supervisor. However, if the President is the Respondent, the term CSM Management Personnel shall refer to the Board of Trustees, and if the Respondent is a vice president, the term CSM Management Personnel shall refer to the President.

H. Acknowledgment of Complaint and Notification of Respondent

As soon as practicable after being informed of the complaint pursuant to subsection V.G. above, the vice president shall send a letter to the Complainant acknowledging receipt of the complaint. At the same time, the vice president shall notify the Respondent of the complaint in writing and if the complaint has been reduced to writing, the vice president shall provide the Respondent with a copy thereof. If the President is the Respondent, the President of the Board of Trustees shall perform the above duties. If the Respondent is a vice president, the President shall perform these duties.

I. Investigation Authorization Form

Unless the complaint is initiated by an attorney from the Office of Legal Services or the Director of Human Resources pursuant to subsection III.C above, the Complainant shall be required to execute a Sexual Harassment Complaint Investigation Authorization Form prior to any investigation of the complaint.

J. Investigation of Complaint

An attorney from the Office of Legal Services and the Director of Human Resources shall jointly investigate the complaint by examining relevant documents, if any, and interviewing witnesses and other individuals designated by either party. The investigators will strive to conducted the investigation in a discrete and expeditious manner with due regard to thoroughness and fairness to both parties.

K. Confidentiality of Investigative Materials

All materials and documents prepared or compiled by the investigators during the course of investigating a sexual harassment complaint hereunder shall be kept confidential to the fullest extent of the law in order to protect interviewees and promote candor.

L. Alternate Investigators

If either an attorney from the Office of Legal Services or the Director of Human Resources is the Complainant or the Respondent hereunder, or is otherwise unavailable, the President shall appoint an alternate investigator.

M. Report of Findings and Confidential Recommendation

As soon as practicable after the conclusion of the investigation, the investigating attorney shall prepare and submit a report of findings and a confidential recommendation to CSM Management Personnel and the Director of Human Resources. The report of findings shall be provided to the Complainant and Respondent within a reasonable time following the issuance of a decision pursuant to subsection V.N. below. The confidential recommendation shall not be released to the Complainant or the Respondent without written authorization from the President. The Director of Human Resources shall submit a separate recommendation to CSM Management Personnel which contains a statement of agreement or disagreement with the findings and recommendation of the investigating attorney.

N. Resolution of the Complaint

Following consultations with the President, the investigating attorney, and the Director of Human Resources, the vice president shall issue a final written decision regarding the complaint. The decision shall be addressed to the Complainant and shall contain a statement of whether or not sexual harassment was found to have occurred, the remedies to be provided to the Complainant, if any, and the sanctions to be imposed upon the Respondent, if any. At approximately the same time, the decision shall be communicated to the Respondent in writing. If sanctions are to be imposed upon the Respondent, the vice president shall also notify the Respondent of that aspect of the decision in writing. If the President is the Respondent, the President of the Board of Trustees shall perform the above duties. If the Respondent is a vice president, the President shall perform these duties.

O. Appeal of Final Decision

There shall be no internal appeal from the final decision rendered pursuant to subsection V.N. above. A party aggrieved by the decision may file a complaint with the appropriate administrative agency or pursue other available legal remedies.

Promulgated by the CSM Board of Trustees on March 13, 1992.
Amended by the CSM Board of Trustees on March 26, 1998.
Amended by the CSM Board of Trustees on June 10, 1999 and June 22, 2000.