Faculty Manual – Appendices | Faculty Council

The University will respond to reports or information about such incidents of which it has actual knowledge and will work to stop the inappropriate behavior, remediate its effects, and take steps to prevent the recurrence of the prohibited conduct while respecting the rights of all involved.

CSU is required to comply with applicable state and federal statutes, including Title IX of the federal Higher Education Amendment of 1972, which prohibits discrimination on the basis of sex in any education program or activity receiving federal financial aid. Sexual harassment in its various forms is a type of sex discrimination prohibited by Title IX. In the employment context, other federal and state laws and regulations may also apply; see the CSU Policy on Discrimination and Harassment.

The purpose of this policy is to further the University’s goals of addressing sexual harassment and providing resources to those impacted by such incidents. The policy will describe the manner in which CSU responds to reports of sexual harassment and the procedures and options for reporting policy violations.

Definitions Used in this Policy

Consent: Consent is defined in Colorado Revised Statutes § 18-3-401 as “cooperation in act or attitude pursuant to an exercise of free will and with knowledge of the nature of the act… Submission under the influence of fear shall not constitute consent.” Under this policy, consent must be knowing, voluntary, active, present and ongoing. Consent is described in more detail in Section 5 below.

Formal complaint: A document filed by an Impacted Party or signed by the Title IX Coordinator alleging sexual harassment against a Responding Party and requesting that the University investigate the allegation of sexual harassment.

Impacted Party (referred to in federal regulations as the “Complainant”): An individual who reports being the subject or target of sexual harassment as prohibited by this policy.

Official with Authority: Officials with authority to initiate corrective action, including disciplinary sanctions, when a report of sexual harassment is received are the University’s Title IX Coordinator, the President, the Provost, all Vice Presidents, Vice Provosts, Dean of Students, Associate Dean of Students, Director of the Student Resolution Center, Director of the Office of Equal Opportunity, Executive Director of Human Resources/Chief Human Resource Officer, and Director of Athletics.

Reasonable person means a reasonable person under similar circumstances and with similar identities to the Impacted Party.

Responding Party: (referred to in federal regulations as a “Respondent”): An individual who is alleged to be responsible for an incident(s) of sexual harassment.

Responsible Employee: Any CSU employee who has the responsibility to report to the Office of Title IX Programs and Gender Equity any incident of sexual harassment of which they become aware. At CSU, this includes:

- An academic or activity advisor such as a faculty advisor, student success coordinator, internship coordinator, advisor to a student organization or club; however, faculty members are not considered responsible employees in the ordinary course of classroom or online instruction
- All coaches, trainers, and other athletic staff that interact directly with students, including club sports
- All student affairs employees whose duties require them to have regular or daily contact with students. This includes employees who are responsible for directly providing services to undergraduate and graduate students and to student organizations
- All employees of the CSU Police Department
- Employees whose job duties require that they regularly interface with students
- All supervisors of employees, including student employees
- A senior administrator (president, provost and executive vice president, vice provost, associate and assistant provost, dean or associate dean, vice president, associate or assistant vice president, director of athletics, senior associate director of athletics department head/chair, executive director, director, associate or assistant director)
- Student employees assigned responsibilities for campus safety or when acting as mentors

Retaliation is any action, performed directly or through others, that is intended to deter a reasonable person from engaging in a protected activity or is done in retribution for engaging in a protected activity. Retaliation includes any attempt to intimidate, threaten, coerce, or discriminate against any individual for the purpose of interfering with any right or privilege under the Title IX law and regulations or this policy, or because the individual has made a report or complaint, testified, assisted, participated or refused to participate in any manner in an investigation, proceeding or hearing. The University strictly prohibits retaliation. Depending on the behaviors, examples of actions that could constitute retaliation when done in retribution for engaging in a protected activity include, but are not limited to:

- Reducing a person’s salary or work hours
- Giving a negative performance evaluation
- Making adverse decisions relating to one’s work assignments, vacation, or promotion or advancement opportunities (whether employment-related or academic)
- Reducing a student’s grade
- Removing a person from a student organization, academic program, or lab
- Interfering with one’s job search
- Engaging in harassing conduct that is sufficiently severe, pervasive, and/or persistent to create a hostile environment; for this purpose, the existence of a hostile environment is to be judged both objectively (meaning a reasonable person would find the environment hostile) and subjectively (meaning the affected individual felt the environment was hostile) or
- Making threats to engage in any of the actions listed above.

Sexual harassment is defined under Title IX regulations as conduct on the basis of sex that constitutes one or more of the following:

An employee of the University conditioning the provision of an aid, benefit, or service of the University on an individual’s participation in unwelcome sexual conduct (“quid pro quo” sexual harassment); or
Unwelcome conduct determined by a reasonable person to be so severe, pervasive, and objectively offensive that it effectively denies a person equal access to the University’s education program or activity. Depending upon the behaviors, examples of such conduct may include, but are not limited to:

- Gender-based bullying, including towards trans and non-binary people
- Direct propositions of a sexual nature
- Pressure for sexual activity
- A pattern of conduct that includes one or more of the following: (1) unwelcome and unnecessary touching, patting, hugging, or brushing against a person’s body; (2) remarks of a sexual nature about a person’s clothing or body, whether or not intended to be complimentary; (3) remarks about sexual activity or speculations about previous sexual experience; (4) other comments of a sexual nature, including sexually explicit statements, questions, jokes or anecdotes; or (5) written or digital communications such as emails, texts, live or streaming audio or video, social media posts, etc. containing sexual comments, words or images
- Visual displays of sexually oriented images outside the educational context

“Sexual assault”, “dating violence”, “domestic violence”, “stalking” as defined in laws and regulations and set forth below.

- Sexual Assault is defined as:

- - Non-Consensual Sexual Penetration (Rape): 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 victim. The gender of the victim is irrelevant.
  - Non-Consensual Sexual Contact (Groping/Fondling) is the touching of the private body parts of another person without the consent of the person, including instances where the person is incapable of giving consent because of their age or temporary or permanent mental incapacity. This type of sexual assault also includes making a person touch themselves or another with, or on, any intimate body parts. It can occur whether those involved are clothed or unclothed.
  - Incest: Non-forcible sexual intercourse between persons who are related to each other as an ancestor or descendant, including a natural child, child by adoption, or stepchild twenty-one years of age or older, a brother or sister of the whole or half blood, or an uncle, aunt, nephew, or niece of the whole blood.
  - Statutory Rape: Sexual penetration with an individual who is below the legal age of consent according to Colorado law. The general age of consent in Colorado is 17. However, the ages of both parties, as well as their marital status, are considered when determining whether the sexual contact is unlawful. For a more detailed definition of the age of consent, see C.R.S. § 18-3-402 and this article released by the Colorado General Assembly

4. Dating violence means violence or the threat of violence committed by a person who is or has been in a social relationship of a romantic or intimate nature with the victim (referred to in this policy as the Impacted Party). The existence of such a relationship shall be determined based on the reporting party’s statement and with consideration of the following factors:

1. The length of the relationship
2. The type of relationship
3. The frequency of interaction between the persons involved in the relationship.

5. Domestic violence 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 (Impacted Party) under the domestic or family violence laws of the jurisdiction (i.e., Colorado or other place where the conduct occurs), or by any other person against an adult or youth victim who is protected from that person’s acts under the laws of the jurisdiction.

In Colorado, “domestic violence” means an 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 against 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.

6. Stalking: 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. For the purposes of this definition:

Course of conduct means two or more acts, including, but not limited to, acts in which the stalker directly, indirectly, or through third parties, by any action, method, device, or means, follows, monitors, observes, surveils, threatens, or communicates to or about a person, or interferes with a person’s property.

Substantial emotional distress means significant mental suffering or anguish that may, but does not necessarily, require medical or other professional treatment or counseling.

Examples of stalking behavior include, but are not limited to:

- Non-consensual communication, including face-to-face communication, telephone calls, voice messages, e-mails, texts, letters, notes, gifts, or any other communications that are undesired and place another person in fear
- Surveillance or other types of observation, including staring or “peeping”
- Pursuing, following, waiting, or showing up uninvited at or near a residence, workplace, classroom, or other places frequented by the victim
- Defamation (disseminating false information to others about another)
- Gathering information, or asking others to gather information about an individual from friends, family, or co-workers
- Threats to harm self or others Vandalizing a person’s property
- Cyber-stalking–the repeated use of electronic communication to harass or frighten someone through use of online, electronic, or digital technologies, such as:
  - Unauthorized posting of pictures, messages, and/or information about the Impacted Party on websites, internet sites, social networking sites, mobile apps (e.g., Snapchat, Instagram, etc.), bulletin boards and/or chat rooms
  - Creating a website about the victim
  - Sending unwanted/unsolicited email, texts, talk, or communication requests (e.g., Facebook friend requests)
  - Posting private or public messages on Internet sites, social networking sites, and/or bulletin boards
  - Using Global Positioning Systems (GPS) to monitor a victim
  - Installing surveillance equipment, hardware, or software (e.g., spyware, cameras) on a victim’s computer or other device
  - Catfishing: falsifying your identity in order to gain access to or trust of another person or trick someone into a relationship

7. Sexual exploitation of another that is unwelcome and is so severe, pervasive and objectively offensive that it effectively denies a person equal access to the university’s education programs or activities. Some examples of sexual exploitation include:

- - - Prostituting another person, coercing sex work or trafficking persons for sex
    - Voyeurism (secretly viewing the sexual activities or nudity of others)
    - Exhibitionism (compulsive display of one’s genitals in non-consensual circumstances; masturbation in front of others; flashing someone with a sexual or other intimate body part)
    - Non-consensual photographing or videotaping another individual’s personal body parts (clothed or unclothed)
    - Non-consensual video or audio recording of sexual activity
    - Non-consensual possession, sharing, or streaming of images, photography, video, or audio recording of sexual activity or nudity, or distribution of such without the knowledge and consent of all parties involved
    - Allowing a third-party to observe consensual sexual activity without the knowledge and consent of all parties involved
    - Knowingly having sexual contact with a person who is not aware that you have a sexually transmitted disease, or HIV
    - Inducing incapacitation to make another person vulnerable to non-consensual sexual activity and/or to make another person expose their genitals

Title IX Coordinator means the CSU Vice President for Equity, Equal Opportunity and Title IX (Vice President) or any person appointed by the Vice President to serve as Title IX Coordinator. The Vice President may also appoint Deputy Title IX Coordinators at any time. The names and contact information for each of these individuals are available on the Title IX web page.

Parties, Jurisdiction, and Applicability

A. The Parties

The Parties to a formal complaint and related proceedings are the Impacted Party and the Responding Party. This Policy and the related Procedures apply equally to both Parties, although different supportive and interim measures, remedies and sanctions may be implemented as appropriate. There may be more than one Impacted Party and/or more than one Responding Party named in a formal complaint.

An Impacted Party may bring a formal complaint when participating in, or attempting to participate in, a University education program or activity at the time of filing the formal complaint.

In some circumstances when the Impacted Party has not filed a formal complaint or is not participating in the grievance process, Title IX may nevertheless require the University to initiate an investigation and adjudication of sexual harassment allegations in order to protect the University community. In such instances, the Title IX Coordinator will sign the complaint. The Title IX Coordinator may consider a variety of factors, including a pattern of alleged misconduct by a particular Responding Party, in deciding whether to sign a formal complaint. The Title IX Coordinator may take circumstances into account such as whether the information or allegations involved violence, use of weapons, or other such factors.

Pursuant to C.R.S. § 13-25-138, the TIX coordinator may NOT consider an Impacted Party’s previous sexual history except for prior or subsequent sexual conduct with the Responding Party, or physical evidence such as the source or origin of semen to show that the act or acts were or were not committed by the Responding Party.

B. Applicability

Members of the University Community

All University community members are prohibited from engaging in or assisting another’s engagement in conduct that would violate this policy. This includes, without limitation, all students, faculty, staff, other employees and volunteers.

Non-Members of the University Community

When the person accused of sexual harassment is not a member of the University community and the University has no authority to impose disciplinary sanctions against that person if found responsible, the University may dismiss the formal complaint while still providing supportive measures to the Impacted Party. For more information on supportive and interim measures, see the procedures described in Section 11 below.

Employees and agents of contractors, visitors to the University, donors, alumni and others over whom the University does not have authority to take corrective or disciplinary action are also expected to comply with this policy when doing business with the University. The University may, among other actions, terminate its contract and relationship with the individual or entity, exclude such persons from campus, and/or refer the matter to law enforcement.

C. Relationship of the Behavior to the University’s Programs and Activities

- Behavior is subject to this policy when:
  - The behavior occurs on university property, including property owned or controlled by a recognized student organization such as a fraternity or sorority;
  - The behavior occurs off university property in the context of university employment or any university education program or activity, including, but not limited to, university-sponsored academic, athletic, alumni, fundraising, public relations, extracurricular, study abroad, research, on-line or internship programs or activities; or
  - The behavior occurs off university property and outside the context of a university employment or education program or activity but has a continuing adverse effect on students, employees, or third parties in any university employment, living or education program or activity.

- Cyber Harassment: As used above, “university employment or education program or activity” includes behavior conducted electronically, such as in an online class or through digital communication.

False Statements

It is prohibited to knowingly make a materially false statement in bad faith during the grievance process. The outcome of the case alone cannot be the basis for concluding that a party made a bad-faith materially false statement.

Consent

It is the responsibility of every individual to ensure they have the consent of others to engage in sexual activity. Communication regarding consent consists of mutually understandable words or actions that indicate an unambiguous willingness to engage in specific sexual activity at the same time, in the same way. In the absence of clear communication or outward demonstration, there is no consent. Lack of protest, lack of resistance, or silence do not alone constitute consent.

Consent must be all of the following:

- Knowing: All individuals understand, are aware of, and agree as to the “who” (same partners), “what” (same acts), “where” (same location), “when” (same time), and “how” (the same way and under the same conditions) of the sexual activity.
- Active: Consent must take the form of “clearly understandable words or actions” that reveal one’s expectations and agreement to engage in specific sexual activity. This means that silence, passivity, submission, or the lack of verbal or physical resistance (including the lack of a “no”) should not – in and of themselves – be understood as consent. Consent cannot be inferred by an individual’s manner of dress, the giving or acceptance of gifts, the extension or acceptance of an invitation to go to a private room or location, or on a date.
- Voluntary: Consent must be freely given and cannot be the result of respondent’s intimidation (extortion, menacing behavior, bullying), coercion (severe or persistent pressure causing fear of significant consequences from respondent if one does not engage in sexual activity), force (violence, physical restraint, or the presence of a weapon), threats (indications of intent to harm, whether direct or indirect), or fraud (misrepresentation or material omission about oneself or the present situation in order to gain permission for sexual or intimate activity).
- Present and Ongoing: Consent must exist at the time of the sexual activity. Consent to previous sexual activity does not imply consent to later sexual acts; similarly, consent to one type of sexual activity does not imply consent to other sexual acts. Consent to engage in sexual activity with one person does not constitute consent to engage in sexual activity with another person.

Consent may also be withdrawn at any time, for any reason, provided the person withdrawing consent makes that known in clearly understandable words or actions. Thus, even if a person agreed to a sexual interaction or continued sexual interaction, that person has the right to change their mind, at any time, irrespective of how much sexual interaction may have already taken place.

Consent to any one form of sexual activity does not imply consent to any other forms of sexual activity. The existence of a dating relationship or past sexual relations between the individuals involved is not conclusive evidence of consent in another instance (nor will subsequent sexual relations or dating relationship alone suffice as evidence of previous consent).

A. Force and Coercion

Consent obtained through force or coercion is not valid consent. Force is the threat or use of violence and/or imposing on someone physically to gain sexual access.

Coercion is pressure for sexual activity. Coercive behavior differs from seductive behavior based on the type of pressure exerted to obtain consent. When someone has not indicated clearly that they want to engage in sexual activity or, indicates 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 is coercive. Coercion occurs when a person exerts power or influence over another in order to gain consent to engage in sexual activity.

Coercion can happen one time in the moment and/or over a length of time. A person can coerce someone into an act with them or into a sexual act with others.

Resistance is a clear demonstration of non-consent; however, there is no requirement that a party resist a sexual advance or request. Physical trauma is not required to investigate accusations of non-consensual sex.

B. Incapacitation

Incapacitation is a state where a person cannot make rational, reasonable decisions because they lack the physical or mental capacity to give knowing consent (i.e., to understand the “who, what, when, where, why and how” of their sexual interaction).

Because alcohol or other drug use can place an individual’s capacity to consent into question, sober sex is less likely to raise such questions. When alcohol or other drugs, including those that incapacitate (such as Rohypnol, Ketamine, GHB, etc.), are involved, a person will be considered unable to give consent if they cannot fully understand the details of a sexual interaction because they lack the capacity to reasonably understand the situation. Administering a drug that incapacitates another individual is a violation of this policy. More information on these drugs can be found at www.911rape.org.

This policy also prohibits sexual activity with a person whose incapacity results from mental or physical disabilities, sleep, unconsciousness, or involuntary physical restraint.

Consent is not obtained when:

- The Responding Party’s belief in affirmative consent arose from their own intoxication or recklessness; or
- The Responding Party did not take steps under the circumstances to determine whether the Impacted Party consented to sexual activity.

C. Consensual Relationships Involving CSU Employees

The University has a policy defining Consensual Relationships and providing procedures to be followed when such relationships arise between students and faculty or other employees, or between employees. When the policy on Consensual Relationships is violated, a violation of this policy may also result.

The Role of the Title IX Coordinator

CSU has appointed a Title IX Coordinator and Deputy Title IX Coordinators to oversee and coordinate its compliance with Title IX of the Education Amendments of 1972, 20 U.S.C. 1681 et seq. (Title IX) and its implementing regulations, 34 C.F.R. Part 106. Title IX prohibits discrimination on the basis of sex in education programs or activities by recipients of federal financial assistance, of which CSU is one.

A. Title IX Coordinator

The University’s Title IX Coordinator oversees the University’s compliance with Title IX, including its policy, procedures, education and prevention efforts, and coordinates training for members of the CSU community. The Title IX Coordinator also oversees and monitors Title IX investigators and reviews information about sexual harassment and gender-based discrimination occurring in the University community in order to identify and address systemic problems. In so doing, the Title IX Coordinator provides appropriate resources and supportive and interim measures to those involved in a complaint or investigation.

The Title IX Coordinator is available to meet with any member of the University community or campus organization that would like to make a report involving matters of sexual harassment and gender-based discrimination, discuss reporting options, and to answer questions about the University’s Title IX compliance, efforts, policy and procedures.

The Title IX Coordinator has overall responsibility for the effective implementation of remedies offered to the Parties to assure equal access to educational programs and activities.

B. Deputy Title IX Coordinators

Deputy Title IX Coordinators provide support for the University and the CSU community on Title IX-related matters and concerns and answer questions about Title IX policy, procedures and resources.

Contact information for the Title IX Coordinator and Deputy Title Coordinators is found below under How to Report.

Duty to Report and Reporting Options

Anyone who has witnessed, suspects, or is aware of any incident involving conduct prohibited by this policy is strongly encouraged to report it to the Title IX Coordinator or a Deputy Title IX Coordinator (see How to Report, below).

A “Responsible Employee” is defined above in this policy. Responsible Employees have special responsibilities with respect to reporting incidents of sexual harassment. All Responsible Employees must report incidents of sexual harassment to the Title IX Coordinator or a Deputy Title IX Coordinator within 24 hours after becoming aware of the incident (see How to Report, below). It does not matter whether the person alleged to have engaged in sexual harassment is a member of the University community, or not; the Responsible Employee’s duty is to report all incidents. Failure to report sexual harassment may subject a Responsible Employee to corrective or disciplinary action.

A. Privacy and Sharing of Information

The University will protect the identity of persons involved in reports of sexual harassment to the best of its ability. The University will only share personally identifiable information with those who have a legitimate need to know in order for the University to investigate and respond or to deliver resources or support services. The University does not publish the names or post identifiable information about persons involved in a report of sexual harassment in the CSU Police Department’s Daily Crime Log or elsewhere online. However, the University cannot promise complete confidentiality or privacy in the handling of sexual harassment reports. For those seeking completely confidential services and support, see Confidential Support Options below.

B. How to Report

When an emergency exists such as a person needing immediate medical attention or a crime or threat is in progress, call 911 from any phone and provide the dispatcher with your location.

Consistent with Section 7.A above, anyone may report an incident of sexual harassment to the Office of Title IX Programs and Gender Equity as follows:

Online: Title IX Reporting Options and Form

In person:
Office of Title IX Programs and Gender Equity
123 Student Services Building
Colorado State University
Fort Collins, CO 80523

By postal mail:
Office of Title IX Programs and Gender Equity
0161 Campus Delivery
Fort Collins, CO 80523-0161

By telephone: 970-491-1715

By email: titleix@colostate.edu

Reports may also be made online on the Student Conduct Services website under Create an Incident Report.

The University will not impose discipline on a party or witness for other policy violations related to the incident such as possession or consumption of alcohol or drugs. However, participation in an investigation, hearing or appeal does not shield any person from disciplinary action for sexual harassment or sexual misconduct, whether or not such behavior is related to the allegations in the formal complaint.

C. Law Enforcement Reporting Options (Non-Confidential)

In an emergency or to report a crime in progress, call 911. To report a crime that is not in progress or whenever police assistance is needed in a non-emergency, call CSU Police at 970-491-6425, day or night.

CSU Police Department
Phone: (970) 491-6425 (non-emergency)
In-Person: 750 Meridian Street, Campus Police- Green Hall

Online (Anonymous): https://police.colostate.edu/reportcrimeanonymous/

Online (NON-emergency): https://police.colostate.edu/crime-reporting/

Fort Collins Police Services
Phone: (970) 221-6540 (non-emergency)

In-Person: 2221 S. Timberline Road, Fort Collins
Monday through Friday 8 a.m. – 6 p.m.
Saturday and Sunday 8 a.m. – 2 p.m.

Online (NON-emergency): https://www.fcgov.com/police/coplogic-start-report.php

Larimer County Sheriff’s Office
2501 Midpoint Dr, Fort Collins, CO 80525
Phone: (970) 416-1985

D. Other University Reporting Options (Non-Confidential)

Tell Someone

If you are concerned about safety or mental health – your own or someone else’s, please call (970) 491-1350 or complete the online referral form.

Bias Incident Reporting

A bias incident is any conduct, speech, or expression, motivated in whole or in part by bias or prejudice that is meant to intimidate, demean, mock, degrade, marginalize, or threaten individuals or groups based on that individual or group’s actual or perceived identities. To report an incident of bias, call Support and Safety Assessment at (970) 491-7407.

Student Conduct Services Incident Report

If you have knowledge of a CSU student violating the Student Conduct Code, you are encouraged to notify our office of the incident. If you have any questions regarding filing an incident report, please contact Student Conduct Services at the Student Resolution Center at (970) 491-7165.

Support Options

Individuals who wish to seek advice or assistance or to discuss options for addressing sexual harassment or other sexual misconduct or discrimination confidentially may do so by speaking with licensed counselors, clergy, medical providers in the context of providing medical treatment, and interpersonal violence advocates and counselors who specialize in IPV trauma. Students, staff, and faculty who wish to speak to someone on a strictly confidential basis may contact the following confidential resources:

A. On-Campus Confidential Support

Victim Assistance Team (VAT): Women and Gender Advocacy Center

Confidential Victim Advocates are available to provide crisis intervention and emotional support through the Women and Gender Advocacy Center. Advocates in the office are full time staff members dedicated to working with students of all genders who have experienced trauma as a result of interpersonal/gender-based violence. Advocates provide information about academic, legal, medical, emotional, and student conduct resources available to survivors of sexual assault, relationship violence and stalking. Advocates can also offer support to secondary survivors, such as intimate partners, friends, and family.

All information shared with advocates is confidential unless the person is a danger to themselves, someone is in imminent danger, a child currently under 18 has been abused or if the perpetrator is currently in a position of power over minors (even if the survivor is over the age of 18).

Locations for drop-in or appointment:

112 Student Services (corner of Libby Coy Way and University) OR 234 Lory Student Center
Monday – Friday, 8am-5pm
Phone: 970‐492‐4242 (24-Hour Hotline)
Phone: 970‐491‐6384 (WGAC Office)

Email: wgac@colostate.edu

Website: https://wgac.colostate.edu/support/about-advocacy/

CSU Health and Medical Center Counseling Services

Provides counseling and spiritual care services.

Location for drop-in or appointment:

151 W. Lake St., 3rd Floor
(corner of College Ave. and Prospect Rd.)
Monday – Friday, 8am- 5pm
Phone: 970‐491‐6053
Phone: 970-491-7111 (After-hours)

Website Information to Make an Appointment:

https://health.colostate.edu/make-a-counseling-appointment/

Women’s Care Services at CSU Health Network

Provides care services, including, but not limited to, women’s examinations, birth control counseling, and sexual transmitted infection (STI) testing, counseling, and treatment.

Location for drop-in or appointment:

151 W. Lake St., 2nd Floor
(corner of College Ave. and Prospect Rd.)
Monday – Friday, 8am- 5pm
Phone: 970‐491‐1754

Website: https://health.colostate.edu/womens-care/

B. Off-Campus Confidential Support

Sexual Assault Victim Advocate Center (SAVA)

Provides counseling, crisis intervention, and advocacy services for those affected by sexual violence.

Phone: 970‐472‐4200 (24-Hour Rape Crisis Hotline)

Phone: 970‐472‐4204 (Fort Collins Office)

Crossroads Safehouse

Provides crisis intervention, emergency shelter and advocacy services for individual experiencing dating violence or domestic violence.

Phone: 970-482-3502 (24-Hour Crisis Hotline)

Phone: 970‐530‐2353 (Fort Collins Office)

Alternatives to Violence (Loveland)

Provides crisis intervention, emergency shelter and advocacy services for individuals experiencing dating violence or domestic violence.

Office: 970-669-5150

After Hours Crisis Hotline:
970-880-1000

Rape, Abuse & Incest National Network (RAINN)

Provides advocacy by phone or live online communication.

Phone: 1‐800‐656‐4673 (24-Hour National Crisis Hotline)

Online Chat

C. On-Campus Non-Confidential Support

Student Case Management and Referral Coordination

501 W. Lake Street, Suite B
Fort Collins, CO 80523
Phone: (970) 491-8051

First Amendment

As a public institution of higher education, Colorado State University is required to follow the First Amendment to the U.S. Constitution, which broadly protects speech and expression from governmental interference. Depending on the circumstances, certain speech or expression may be protected by the First Amendment and, therefore, will not be actionable under this Policy.

Clery Act Crime Reporting by the University

Actions or conduct that occur in geographical locations defined under the Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act (“Clery Act”) and that constitute crimes defined under the Clery Act will be reported without personally identifying information by CSU to the U.S. Department of Education to be included within the annual crime statistics reported by the University to students, employees, prospective students and employees, parents of students and prospective students, and the public.

Procedures

CSU has adopted procedures for investigating and responding to complaints of sexual harassment under Title IX laws and regulations (“Procedures”) to implement this policy and to provide for prompt and equitable investigations, hearings and appeals of complaints of sexual harassment and gender-based discrimination that fall under the Title IX laws and regulations.

CSU will treat all those involved in a proceeding pursuant to this policy fairly and equitably. Differences between one party’s rights and options and another party’s rights and options will never be based on sex. When a report of sexual harassment is received, the University will offer such supportive measures to the Impacted Party as are appropriate to the circumstances and will not impose disciplinary sanctions on the Responding Party except as warranted after following fair and equitable procedures.

Sexual misconduct that does not fall within the definition of sexual harassment under the Title IX regulations is subject to different procedures than those for Title IX matters. Students alleged to have committed such violations are subject to the provisions in the Student Conduct Code. Employees alleged to have committed such violations are subject to the CSU Policy on Discrimination and Harassment.

Compliance with this Policy

Compliance with this policy is required of every member of the University community. When an individual is found to have violated this policy, consequences will result.

Students: 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 workshops
  - 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

Employees: 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/Mediation
- Letter of Expectation
- Termination

References and Legal Authority

- Title IX of the 1972 Education Amendments to the Higher Education Opportunity Act, 20 U.S.C. § 1681, et seq., and 20 U.S.C. §§ 1681-1688; 34 C.F.R. § 106.1 et seq.
- Violence Against Women Act, 34 U.S.C. § 12291, et seq., 34 C.F.R. § 668.46
- Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act (20 U.S.C.A. §1092(f)and implementing regulations, 34 C.F.R. §668.41 and 668.46)
- SB19-007, C.R.S. § 23-5-146 – 147, Prevention of Sexual Misconduct on Higher Education Campuses
- CSU Student Conduct Code
- CSU Policy on Discrimination and Harassment
- Rape Shield Protections for impacted parties–R.S. § 13-25-138
- Victims’ Rights
  - State of Colorado- Colorado Crime Victim Rights
  - CSU Annual Fire and Safety Report (Clery Report), which details victim rights and expectations

APPENDIX 2: DISCRIMINATION AND HARASSMENT (last revised December 3, 2020)

Policy Statement

Colorado State University (CSU) is a land-grant institution committed to offering access in its educational, scholarly and outreach activities to all individuals representative of our multi-cultural society and providing an environment of excellence in which all individuals can participate to the full level of their capabilities, realize their aspirations and contribute to the global society in which we live. In this pursuit, the University is committed to providing an environment that respects the dignity and worth of every member of its community and strives to create and maintain a work and study environment that is equitable, inclusive, and responsible so that each member of the University community is treated with dignity and respect and is rewarded for relevant considerations such as ability and performance. As a means of achieving these goals and to prevent harm arising from discrimination and harassment, the University prohibits discrimination and harassment, including sexual harassment and retaliation, as defined in this policy, by or against any member of or visitor to CSU.

Colorado State University is committed to providing an environment that is free from discrimination and harassment based on race, age, creed, color, religion, national origin or ancestry, sex, gender, disability, veteran status, genetic information, sexual orientation, gender identity or expression, or pregnancy and will not discharge or in any other manner discriminate against employees or applicants because they have inquired about, discussed, or disclosed their own pay or the pay of another employee or applicant. Such an environment is necessary to a healthy learning, working, and living atmosphere because discrimination and harassment undermine human dignity and the positive connections among all people at our university. Acts of discrimination and harassment will be addressed consistent with this policy.

Consistent with state and federal law, reasonable accommodation will be provided to persons with disabilities.

Discrimination and harassment are very serious matters that can have far-reaching, current and future impact on the lives, educational experience, and careers of individuals. Intentionally false accusations can have a similar impact. Discrimination and harassment are strictly prohibited by the University and will not be tolerated. An individual who impermissibly discriminates against another, or an individual who knowingly and intentionally files a complaint under this policy containing false statements or information, is subject to university discipline.

Definitions Used in this Policy

For the purposes of determining whether a particular course of conduct constitutes discrimination or harassment under this policy, the following definitions will be used:

Complainant: The person who reports or is reported by another person as having been subjected to acts potentially constituting discrimination, harassment, sexual harassment, or retaliation by another.

Discrimination is conduct that is based upon an individual’s race, age, creed, color, religion, national origin or ancestry, sex, gender, disability, veteran status, genetic information, sexual orientation, gender identity or expression, or pregnancy that (a) excludes an individual from participation in, (b) denies the individual the benefits of, (c) treats the individual differently from others in, or (d) otherwise adversely affects a term or condition of an individual’s employment, education, living environment or university program or activity. It is unlawful discrimination for an employer to refuse to hire, to discharge, to promote or demote, to harass during the course of employment, or to discriminate in matters of compensation, terms, conditions, or privileges of employment against any person otherwise qualified because of any of the listed protected identities. Consistent with state and federal law, this includes failing to provide reasonable accommodations to persons with disabilities or to accommodate religious practices.

Harassment is a form of discrimination and is conduct based upon an individual’s race, age, creed, color, religion, national origin or ancestry, sex, gender, disability, veteran status, genetic information, sexual orientation, gender identity or expression, or pregnancy that is unwelcome and sufficiently severe or pervasive enough to create a work environment that a reasonable person would consider intimidating, hostile, or offensive, or that substantially interferes with an individual’s work or education. Intent is irrelevant in the determination of prohibited harassment. Depending upon the facts, harassment could include, but is not limited to threats, physical contact or violence, pranks, jokes, bullying, epithets, derogatory comments, or vandalism.

Even if actions are not directed at specific persons, a hostile environment may be created when the conduct is sufficiently severe or pervasive so as to substantially interfere with or limit the ability of an individual in the environment to work, study, or otherwise participate in activities of the University.

Conduct alleged to be harassment, including sexual harassment (defined below), will be evaluated by considering the totality of the particular circumstances, including the nature, frequency, intensity, location, context, and duration of the conduct. Although repeated incidents generally create a stronger claim of harassment, a serious incident, even if isolated, can be sufficient.

Sexual Harassment* is any unwelcome sexual advance, request for sexual favors, or other 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, education or participation in a university activity;
2. Submission to or rejection of such conduct by an individual is used as the basis for, or a factor in, decisions affecting that individual’s employment, education or participation in a university activity; or
3. Such conduct is sufficiently severe or pervasive to unreasonably interfere with an individual’s employment or academic performance or create an intimidating, hostile or offensive environment for that person’s employment, education or participation in a university activity.

Depending upon the facts, examples of sexual harassment could include, but are not limited to: unwelcome sexual advances; repeated and unwelcome sexually-oriented bullying, teasing, joking, or flirting; verbal abuse of a sexual nature; commentary about an individual’s body, sexual prowess, or sexual deficiencies; leering, touching, pinching, or brushing against another’s body; or displaying objects or pictures, including electronic images, which are sexual in nature and which create a hostile or offensive work, education, or living environment.

The fact that a consensual relationship exists, in and of itself, is not a defense to a charge of sexual harassment. Conduct may occur within a consensual relationship or following termination of a consensual relationship that is unwelcome and meets the definition of sexual harassment under this policy or as defined by the University’s Title IX policy. *

The University’s Consensual Relationship Policy prohibits faculty from entering into new consensual relationships with a student over whom they have any evaluative authority. The asymmetry of the faculty-student relationship means that any sexual relationship between a faculty member and a student is potentially exploitative. In the event of a charge of sexual harassment, the University will in general be unsympathetic to a defense based upon consent when the facts establish that a professional faculty-student, staff-student, or supervisor-employee power differential existed within the relationship.

*For the definition of sexual harassment pursuant to Title IX of the Education Amendments Act of 1972, see the CSU Policy on Sexual Harassment. Sexual harassment is prohibited by both Title VII of the Civil Rights Act of 1964 and Title IX of the Education Amendments Act of 1972, and by both this policy and the CSU Policy on Title IX Sexual Harassment. The Office of Equal Opportunity will explain the applicability of these laws and policies to parties involved in a complaint and grievance procedure involving sexual harassment.

Respondent: The person reported to have engaged in one or more acts that may constitute a violation of this policy, including discrimination, harassment, sexual harassment, or retaliation.

Retaliation is any materially adverse action taken against an individual or someone associated with that individual because they have participated or may participate in a protected activity, such as making a complaint or report; serving as a witness; assisting in an investigation, grievance procedure, hearing, or related activity concerning an unlawful practice or violation of university policy; or opposing a discriminatory practice. Action is generally deemed retaliatory if it would deter a reasonable person in the same circumstances from opposing practices prohibited by this policy or participating in the complaint processes under this policy. For there to be retaliation, there must be a causal connection between the protected activity and the materially adverse action. The University strictly prohibits retaliation. Depending upon the facts, examples of conduct that may be retaliation may include, but are not limited to demotion, denial of raise, termination, threats, harassment, and intimidation.

Third-Party Harassment is harassment committed by an individual or persons not employed by or enrolled as students at the University such as a vendor, contractor, guest lecturer or other visitor to campus.

Jurisdiction and Applicability

All University community members are prohibited from engaging in or assisting another’s engagement in conduct prohibited by this policy. This includes, without limitation, students, employees (including faculty), affiliates, volunteers, visitors, and (where provided by law or contract) agents, contractors, subcontractors, and grantees of the University. The University’s disciplinary response may be limited if the conduct is by a visitor or other third-party not subject to the University’s jurisdiction. When alleged discrimination or harassment is by an individual or external entity (for example, an individual employed by an outside contractor, program provider, or internship provider) doing business with the University and it reasonably appears that a violation has occurred, the matter will be referred to the appropriate official or department for further action, which may include termination of the contract or relationship.

This policy applies to alleged discrimination or harassment that takes place on university property or at university-sponsored events, regardless of their location. This policy may also apply to alleged discrimination or harassment that occurs off university property and outside the context of a university employment or education program or activity but nevertheless has a continuing adverse impact on or creates a hostile environment for students, employees, or third parties in any university employment, living or academic environment. Depending upon the facts, examples of where such conduct may occur include, but are not limited to, study abroad programs, conferences, social gatherings and virtual spaces.

First Amendment

As a public institution of higher education, Colorado State University is required to follow the First Amendment to the U.S. Constitution, which broadly protects speech and expression from governmental interference. Depending on the facts, certain speech or expression may be protected by the First Amendment and, therefore, will not be actionable under this Policy.

Confidentiality

The University recognizes the importance of confidentiality and privacy. Although the confidentiality of the information received and the privacy of the individuals involved cannot be guaranteed, they will be protected to the extent feasible and as permitted by law. Information received in connection with the reporting, investigation, and resolution of allegations will be treated as confidential and will only involve individuals whom the University determines are necessary to conduct an appropriate investigation, to provide assistance and resources to parties, to perform other appropriate university functions, or when the University is required to provide information under the law.

The expressed request of the complainant not to proceed with a complaint or investigation will be considered in the context of the University’s legal obligation to act upon the allegations and the right of the responding party to be informed concerning the charge(s). The University will evaluate the request to determine whether the University can honor the request while still providing a safe and nondiscriminatory environment. A decision to proceed despite a complainant’s request not to will be made on a case-by-case basis after an individualized review, and the complainant will be notified of the decision to proceed.

All individuals involved in the process should observe the same standard of discretion and respect for everyone involved in the process.

Reporting Discrimination or Harassment

Any university community member or individual who is directly involved in, observes, or reasonably believes that discrimination or harassment may have occurred can submit a report to the Office of Equal Opportunity

How to Report

Anyone may report an incident of discrimination, harassment or sexual harassment as follows:

In person:
Office of Equal Opportunity
101 Student Services Building
Colorado State University
Fort Collins, CO 80523

By telephone: 970-491-5836

By postal mail:

Office of Equal Opportunity
0160 Campus Delivery
Fort Collins, CO 80523-0160

By email: oeo@colostate.edu

University Confidential Support for Faculty and Staff

Office of the Ombuds
316 General Service Building
Fort Collins, CO 80523
Phone: (970) 491-1527

Procedures

CSU has procedures addressing complaints of discrimination and harassment (“Procedures”) to implement this policy and to provide for prompt and equitable informal resolutions, investigations, hearings and appeals for complaints of discrimination, harassment and sexual harassment. An individual may file a complaint addressing an instance or a pattern of instances if the last instance took place within the last 120 calendar days.

Colorado State University will employ the preponderance of the evidence standard.

Compliance with this Policy

Compliance with this policy is required of every member of the University community and all others who are subject to it. When an individual is found to have violated this policy, consequences will result, up to and including dismissal from CSU in accordance with the applicable procedures. 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.

Affirmative Action

The University, as a federal contractor, takes affirmative action to employ qualified women, racialized minorities, veterans, and individuals with disabilities. For information on this Affirmative Action commitment and program, contact the Office of Equal Opportunity at oeo@colostate.edu or (970) 491-5836.

Filing with External Agencies

Persons who believe that they have been subjected to discrimination, harassment, sexual harassment, retaliation may be able to file a complaint with the Colorado Civil Rights Division, the U.S. Equal Employment Opportunity Commission, the U.S. Department of Education’s Office for Civil Rights or the Office of Federal Contract Compliance Programs. Information regarding filing charges with any of these agencies may be obtained from the Office of Equal Opportunity.

References and Legal Authority

- Title VI of the Civil Rights Act of 1964
- Title VII of the Civil Rights Act of 1964, amended in 1991
- Executive Order 11246, as amended
- Pregnancy Discrimination Act of 1978
- Equal Pay Act of 1963
- Age Discrimination in Employment Act of 1967
- Vietnam Era Veterans’ Readjustment Assistance Act, as amended
- Uniformed Services Employment and Reemployment Rights Act of 1994
- Genetic Information Nondiscrimination Act of 2008
- Americans with Disabilities Act of 1990, amended by the ADA Amendment Act of 2008
- Sections 503 and 504 of the Rehabilitation Act of 1973
- Title IX of the 1972 Education Amendments to the Higher Education Opportunity Act, 20 U.S.C. § 1681, et seq., and 20 U.S.C. §§ 1681-1688; 34 C.F.R. § 106.1 et seq.
- Violence Against Women Act, 34 U.S.C. § 12291, et seq., 34 C.F.R. § 668.46
  Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act (20 U.S.C.A. §1092(f) and implementing regulations, 34 C.F.R. §668.41 and 668.46) (“Clery Act”)

APPENDIX 3: PROCEDURE FOR RESOLUTION OF DISCRIMINATION COMPLAINTS (OTHER THAN SEXUAL HARASSMENT) (last revised January 27, 2006)

I. Policy

It is the policy of Colorado State University that no member of the University community may discriminate against another member of the community on any basis for which discrimination is prohibited by state or federal law or University policy, including, but not limited to, race, color, religion, gender, age, national origin, veteran status, sexual orientation, and disability. Therefore, this appendix provides an internal mechanism at Colorado State University for the expeditious resolution of complaints or discrimination involving actions that are either unlawful or violate University policy, excepting claims of sexual harassment, against the University or any of its faculty members, administrative professionals, state classified employees, or student employees (separate and apart from this policy, claims of sexual harassment are dealt with in accordance with Appendix 1). It is also possible to pursue complaints through avenues external to the University. These avenues have their own restrictions and time limitations. However, the pursuit of any outside remedy precludes involving the provisions of this appendix.

II. Applicability of Policy

A. Students

Complaints against students shall be handled in accordance with procedures set forth in Students Rights and Responsibilities in the University General Catalog.

B. State Classified Staff

Complaints against State Classified Staff shall be handled in accordance with procedures set forth in Chapter 8 of the State Personnel Board Rules.

C. Faculty, Administrative Professionals, Other Non-Student Employees (Excepting State Classified Staff), and Student Employees

Complaints against these individuals will be handled in accordance with the policy set forth in this Appendix.

III. Definitions (last revised January 27, 2006)

A. Complainant

A complainant is a current or former Colorado State University: student, student employee, faculty member, administrative professional, or employee who files a complaint. Volunteers and others who encounter issues covered by this policy are encouraged to contact the OEO for guidance regarding appropriate channels to pursue.

B. Respondent

A respondent is a Colorado State University: faculty member, administrative professional, employee, or student employee against whom a complaint is filed.

C. Discriminatory Act or Policy

A discriminatory act or policy is an act or policy that violates state or federal law or University policy with regard to discrimination, including, but not limited to, discrimination based on race, color, religion, gender, age, national origin, veteran status, sexual orientation, and disability.

D. Office of Equal Opportunity (“OEO”)

This office is a unit of the University that reports to the President. It is administered by the Director and Associate Director, it attempts to conciliate informal complaints of discrimination, and it investigates and hears formal complaints of discrimination.

E. Associate Director

The Associate Director of OEO receives all complaints, both informal and formal, extends all deadlines as deemed appropriate, coordinates the procedures listed under this policy, and informs all parties of the procedures and deadlines under this policy.

F. Director/Hearing Officer

The Director of OEO shall serve as the Hearing Officer for formal complaints that are referred for a hearing. Any party to the Hearing may submit to the vice president of the party’s administrative unit a written statement claiming that the Director has a conflict of interest. If the vice president agrees, then the vice president shall appoint a different Hearing Officer after consultation with the Office of the General Counsel. If the vice president is a party to the Hearing, then this duty shall be assumed by the President.

G. Complaint

A complaint is a written, signed allegation by a Complainant that one (1) or more Respondents has committed one (1) or more discriminatory acts and/or pursued one (1) or more discriminatory policies against the Complainant during the performance of the Respondent’s official duties as a University employee. Complainants are advised that there are some instances in which the University has a responsibility to act, even if the Complainant requests that no action be taken, such as, for example, where other members of the University community may be at risk.

There are two (2) types of complaints:

1. Informal Complaint

If the Complainant designates the complaint as informal, the Complainant thereby requests the Associate Director to review and conciliate the matter with the Respondent(s) in the alleged discrimination. The Complainant may change their informal complaint to a formal complaint at any time during the process in Section VI or within thirty (30) calendar days after the completion of the process in Section VI, even if this extends beyond the time limit of one hundred eighty (180) calendar days mentioned in Section V.A. A failure to file a formal complaint within this time frame constitute a waiver of the right to file a formal complaint.

2. Formal Complaint

If the Complainant designates the complaint as formal, the Complainant thereby requests a hearing before the Hearing Officer with the right to appeal the decision to the vice president who oversees the Respondent’s area of employment (or the President, if the Respondent is a vice president).

IV. The Form of the Complaint

To file either an informal or formal complaint, a prospective complainant must submit to the Associate Director a written signed dated document containing the following information:

A. Identification of the Complainant and Respondent(s) and the nature of their relationships to the University;

B. The type of discrimination alleged (see Section III.C);

C. A description of the circumstances of the alleged discrimination, including the dates(s) and location(s), witnesses, and supporting documents, if available; and

D. A designation of whether the complaint is informal or formal.

V. Time Restriction and Conditions for Filing Either an Informal or Formal Complaint (last revised January 27, 2006)

A. Both informal and formal complaints shall be submitted to the Associate Director within one hundred eighty (180) calendar days from the time the Complainant becomes aware of the alleged discrimination. The Associate Director has the discretion to consider a complaint outside this time frame, but compelling reasons must be given for extending the deadline.

B. The Associate Director shall, within ten (10) working days after the filing of a formal complaint, review the complaint and determine whether the issues raised are of a discriminatory nature (but not whether the claims are true or whether any action is required). If, in the opinion of the Associate Director, discriminatory issues are not present in the complaint, the complaint will not be forwarded to the Hearing Officer, and the Complainant and Respondent(s) shall be notified in writing of this decision. Otherwise, the Associate Director will certify in writing that the issues raised are of a discriminatory nature.

C. A Complainant who has filed a formal complaint that has been heard and resolved has invoked these procedures in lieu of any other internal procedures.

VI. Resolution of Informal Complaints

Informal resolution of discrimination complaints is encouraged whenever possible. In order for an informal complaint to proceed, the parties must have agreed to participate. When an informal complaint is received by the Associate Director, the following steps shall be completed within twenty (20) working days of receipt;

A. The Associate Director shall interview the Complainant.

B. The Associate Director shall notify each Respondent in writing that an informal complaint has been filed against them and arrange for an interview with each Respondent.

C. The Associate Director shall interview each Respondent.

D. The Associate Director shall interview relevant witnesses as identified by the Associate Director, including, but not limited to, witnesses named by the Complainant and Respondent(s).

E. After the Associate Director conducts the above investigation, the Associate Director will examine the evidence. If the Associate Director finds the complaint to be without merit, it will be dismissed, and all parties shall be notified in writing of the dismissal. If the Associate Director finds merit in the informal complaint, the Associate Director shall attempt to negotiate and conciliate the matter in a manner satisfactory to all parties. Possible outcomes of an informal resolution may include, but are not limited to, an explicit written understanding about future conduct, changes in workplace assignment, or the substitution of one class for another.

F. Any written understanding that is created to resolve an informal complaint requires mutual acceptance by the Complainant, the Respondent(s), and the Associate Director. Such a written understanding shall state that the acceptance of the document by the parties does not imply an admission of wrongdoing or a clearance of charges. It shall also state which issues are being resolved by the document and which issues remain unresolved. Only issues that remain unresolved may be raised later in a formal complaint.

G. If an informal resolution is not achieved, the Associate Director shall notify all parties in writing that the informal process has terminated without a resolution. The Complainant has thirty (30) calendar days from the date that this notification is received to file a formal complaint.

A brief summary of the informal process shall be kept on file in the archives of the OEO for the duration of the employment of the Complainant and Respondent(s), and it shall be considered to be part of the official Personnel Files¹ of the Complainant and Respondent(s). If the Complaint is dismissed, the summary shall include the reasons for dismissal. If an informal resolution is achieved, the summary shall include the conditions of the resolution, including any written understandings. If a resolution is not achieved, the summary will include a statement to this effect.

VII. Resolution of Formal Complaints

A. Notification

When a formal complaint is filed within the allowed time frame (see Sections III.G.1 and V.A), the Associate Director shall send a written acknowledgment to the Complainant and provide a copy of the formal complaint to each Respondent within five (5) working days after certification of the complaint as set forth in Section V. B.

B. Respondent’s Reply

Each Respondent shall submit a written reply to the Complaint and to the Associate Director within fifteen (15) working days from the date of receipt. A copy of each reply shall be sent to the Complainant by the Associate Director within five (5) working days from the date of receipt.

C. Complaint and Reply

The Complaint and the Reply shall define the issue(s) to be addressed at the Hearing. The Associate Director shall inform the Complainant of this limitation prior to the filing of the Complaint. The Respondent shall be informed of this limitation when the Complaint is sent to him or her. The Associate Director shall forward the Complaint and Reply and other appropriate materials to the Hearing Officer within five (5) working days from the date of receipt.

D. Notification of Hearing

The Hearing Officer shall notify all parties of the date, time, and location of the hearing at least thirty (30) working days prior to the Hearing date.

E. Submission of Names of Witnesses and Exhibits by the Parties

Within ten (10) working days of being notified of the Hearing date, each party shall submit to the Associate Director a list of proposed witnesses, together with the relevance of each, and all exhibits that they intends to present at the Hearing. The Associate Director shall make this material available to all other parties and the Hearing Officer within five (5) working days of the date of receipt. Within five (5) working days after receipt of this material, the parties shall provide a list of rebuttal witnesses to the Associate Director, who will then forward them to the Hearing Officer.

F. Hearing Proceedings

1. Rights of Participants (last revised January 27, 2006)

a. Hearing Officer

The Hearing Officer shall be advised by a representative from the Office of the State Attorney General or the Office of the General Counsel.

b. Complainant and Respondent(s)

Each party may seek the aid and assistance of counsel, both legal and peer, at the party’s expense. Legal counsel refers to those counselors selected by the parties who are licensed to practice law, whether or not they are members of the University Community. Peer counsel refers to a member of the University community at the time the complaint was filed. A member of the University community is a current employee or a matriculating student. Each party may select one legal counsel and one peer counsel to serve as advisors during the Hearing.

c. Questioning of Witnesses

The Complainant, each Respondent, and the Hearing Officer shall have the right to hear all testimony and question all witnesses. Furthermore, each Respondent must be afforded the opportunity to question the Complainant. If the Complainant refuses to appear as a witness, then the Hearing shall conclude immediately, and no disciplinary action shall be taken as a result of this Hearing. If the Hearing Officer decides that special circumstances warrant it, the questioning of one or more witnesses may occur with the parties being in different physical locations, but the questioning must occur in a real-time, spontaneous format (e.g., a video conference or a teleconference).

d. Role of Advisors

All advisors shall have the right to be present during the proceedings, to advise their client(s), and to present written material on behalf of their client(s), but they may not speak on behalf of their client(s) during the proceedings.

2. Rules of Evidence

The Hearing Officer shall not be strictly bound by state law governing the use and admissibility of evidence. However, the Hearing Officer shall not allow evidence that is irrelevant to the issues defined by the Complaint and Reply.

3. Identification of Witnesses and Exhibits

The Hearing Officer shall review the list of witnesses submitted by the Complainant and Respondent(s). The Hearing Officer may add additional witnesses that the Hearing Officer believes may have knowledge of facts pertinent to the charge. The Hearing Officer shall submit to all parties the names of all witnesses, together with the relevance of each, at least ten (10) working days prior to the Hearing date. Each party shall have five (5) working days from the date of receipt to submit to the Hearing Officer a list of additional rebuttal witnesses, together with the relevance of each. The Hearing Officer shall make this material available to all other parties within five (5) working days of receipt, and at least two (2) working days prior to the Hearing date.

4. Notification of Witnesses

Each proposed witness shall be informed in writing by the Associate Director of the date and place of the formal Hearing and the approximate time the witness is expected to give testimony.

5. Role of Hearing Officer

During the Hearing, the Hearing Officer shall call witnesses, receive exhibits into evidence, and rule on objections, as needed.

6. Hearing

a. Attendance at the formal Hearing shall be limited to the Hearing Officer, Complainant, Respondent(s), advisors, representative from the Office of General Counsel, representative from the Office of the State Attorney General, recorder, and any others the Hearing Officer may deem appropriate (the Hearing Officer shall provide a justification for each such additional attendee).

b. Witnesses other than those persons listed in Section VII.F.6.a shall not be present at the formal Hearing, except when giving testimony before the Hearing Officer.

c. The duplication and dissemination of the formal Complaint, Reply, list of proposed witnesses, and exhibits to be presented at the formal Hearing shall be limited to the Complainant, Respondent(s), Hearing Officer, Associate Director, and advisors. Witnesses may be given access to relevant materials as deemed appropriate by the Hearing Officer. All documents shall be considered confidential to the extent permitted by law.

d. A verbatim record of the Hearing shall be taken, and a printed copy shall be made available, without cost, to the Complainant and each Respondent at either’s request. The University shall bear the cost.

7. Issuance of Hearing Officer’s Written Report

The Hearing Officer shall issue a written report within ten (10) working days after the close of the Hearing. The report shall include the Hearing Officer’s factual findings and conclusions of law. If the Hearing Officer finds that discrimination did occur, the report shall also contain recommended remedial or disciplinary action, which may include, but is not limited to, training, letter of reprimand, salary reduction, demotion, suspension, or termination of employment. The report shall be sent to all parties and the vice president who oversees each Respondent’s area of employment (or the President, if the Respondent is a vice president).

8. Written Records

All written records, including the Complaint and each Reply; the verbatim record of the Hearing; supporting documents; the written report of the Hearing Officer; administrative reviews of the Hearing Officer’s recommendations; appeals, replies, and results of appeals; and final actions, shall be kept on file in the archives of the OEO for the duration of the employment of the Complainant and Respondent(s), and these shall be considered to be part of the official Personnel Files (see footnote #1 in this section regarding official Personnel File) the Complainant and Respondent(s).

VIII. Appeals and Administrative Review (last revised January 27, 2006)

A. Appeals

1. Appeal of Hearing Officer’s Recommendations

If either the Complainant or any Respondent wishes to appeal the Hearing Officer’s recommendations, either must file such an appeal in writing with the Hearing Officer and the vice president charged with overseeing each Respondent’s area of employment (or the President, if the Respondent is a vice president) within ten (10) working days of the receipt of the Hearing Officer’s report. The Hearing Officer shall prepare a written reply to the Appeal within ten (10) working days after receipt. No remedial measures or disciplinary action related to this complaint shall occur until the appeals process has been completed.

2. Vice President’s Review of Hearing Officer’s Report (last revised January 27, 2006)

Within ten (10) working days of receipt of the Appeal, the Hearing Officer shall forward the Appeal, the reply, and the record of the Hearing to the vice president charged with overseeing each Respondent’s area of employment (or the President, if the Respondent is a vice president). The vice presidential (Presidential) review shall be completed within twenty (20) working days. The decision from this review is final. Each party and the Hearing Officer shall be provided with the written result of the vice presidential (Presidential) review, specifying in writing the reasons for support or modification of the Hearing Officer’s recommendations with regard to the Respondent(s) overseen by him or her.

3. Administrative Action Following Review of Hearing Officers’s Report

If remedial measures are recommended, the vice president (President) will work with the Respondent’s supervisor to implement these measures. In the event that disciplinary action is recommended, the vice president will forward the matter to the Respondent’s supervisor for consideration of appropriate action as provided for in the Manual or the State Personnel Rules.

B. Administrative Review

1. Vice President’s Review of Hearing Officer’s Report

If the Hearing Officer’s report is not appealed pursuant to Section VIII.A, the vice president (or the President, if the Respondent is a vice president), at the vice president’s sole discretion, may send a written statement to all parties and the Hearing Officer making modifications to the recommendations contained in the report with regard to the Respondent(s) overseen by the vice president (or the President if the Respondent is a vice president) and providing a written rationale for these modifications.

2. Administrative Action Following Review of Hearing Officer’s Report

If remedial measures are recommended, the vice president (President) will work with the Respondent’s supervisor to implement these measures. In the event that disciplinary action is recommended, the vice president (President) will forward the matter to the Respondent’s supervisor for consideration of appropriate action as provided for in the Manual or the State Personnel Rules.

IX. Expectations for Members of the University Community (last revised January 27, 2006)

A. Cooperation and Participation by Members of the University Community:

Cooperation and participation by the members of the University community in the resolution of a Complaint under these procedures is necessary.

B. Truthful Testimony:

The Complainant, Respondent(s), and all witnesses shall be truthful in their testimony. This includes statements made in the Complaint and each Reply. Failure to comply with this expectation may result in the implementation of University sanctions.

C. Protection of Participants:

No person shall restrain, interfere with, coerce, attempt to intimidate, or take any reprisal against a participant under these procedures. Failure to comply with this expectation may result in the implementation of University sanctions.

D. False or Malicious Charges:

Intentionally making false or malicious charges may result in the implementation of University sanctions against the Complainant.

¹The term “personnel file” refers to information collected because of the employer-employee relationship, and it does not necessarily refer to a single physical file. In order for information to be part of the personnel file, there must be a reasonable expectation that such information will be kept private. Information in the personnel file is generally not made available for public inspection, but it is available to the individual and to the individual’s supervisors.

APPENDIX 4: CONSENUAL RELATIONSHIPS (last revised June 23, 2010)

The University is committed to the principle that its personnel shall carry out their duties in an objective and ethical fashion and in an atmosphere in which conflicts of interest are identified and managed. The University does not interfere with private choices regarding personal relationships when these relationships do not interfere with the goals and policies of the University. However, consensual romantic or sexual relationships in which one party retains a direct supervisory or evaluative role over the other party have the potential to interfere with these goals and policies. Therefore, consistent with its commitment to objectivity and ethical behavior, the University is required to intervene in such circumstances.

A romantic, intimate, or sexual relationship in which one individual is in a position to Exercise Authority over the other creates conflicts of interest and perceptions of undue advantage or disadvantage. When both parties have consented at the outset to a romantic, intimate, or sexual relationship, this consent does not remove grounds for a charge of conflict of interest, sexual harassment, or violation of applicable parts of Section D.9, Code of Ethical Behavior, based upon subsequent unwelcome conduct

For the purposes of this Appendix, the following definitions shall apply:

a. “Consensual Relationship” shall mean and refer to any relationship, either past or present, which is romantic, intimate, or sexual in nature and to which both parties consent or consented. This includes marriage.

b. “Student” shall mean and refer to any person applying to the University or currently enrolled, either full-time or part-time, in any course or academic program associated with Colorado State University.

c. “Employee” shall mean and refer to any person currently employed by Colorado State University, either full-time or part-time, in any location and in any capacity. “Employee” shall include, but is not limited to, administrators, faculty, administrative professionals, state classified staff, graduate assistants, student hourly employees, non-student hourly employees, non-paid staff, and student work-study employees.

d. “Exercise(s) Authority” shall mean and refer to evaluating, providing oversight, supervising, academic advising, mentoring, coaching, counseling, providing extracurricular oversight, and/or otherwise participating in or influencing votes or decisions that may reward or penalize a Student or subordinate Employee.

e. “Supervisor” shall mean the individual who performs the Employee’s annual evaluation

A faculty member shall not enter into a new Consensual Relationship with a Student over whom the faculty member Exercises Authority.

An Employee shall report immediately to the Employee’s Supervisor the following:

a. Past or preexisting Consensual Relationships with a Student for whom the Employee is in a position to Exercise Authority. Examples include, but are not limited to, a Student research assistant, a Student in a current class, a Student intern, or a Student advisee.

b. Past or present Consensual Relationships with a subordinate Employee over whom the supervising Employee Exercises Authority. An Employee who is the subordinate Employee in a Consensual Relationship also is encouraged to report that relationship to the Supervisor of the individual with whom the employee is involved.

Within fifteen (15) working days of receiving a report of a Consensual Relationship, the Supervisor shall consult with their supervisor to develop a plan to manage or eliminate conflicts of interest and mitigate adverse effects on the involved parties and other third parties. This plan shall document in writing the actions that shall be taken, including one or more of the following actions:

a. Transferring supervisory, decision-making, evaluative, academic, and/or advisory responsibilities;

b. Providing an additional layer of oversight to the supervisory role;

c. Transferring one of the individuals to another position; and/or

d. Taking any other action reasonably necessary to manage or eliminate the actual or potential conflict of interest and/or mitigate adverse effects.

Every effort should be made to preserve confidentiality, sharing names and pertinent information only with individuals directly involved in these actions and only as necessary.

If an Employee has a Consensual Relationship with another Employee who is not a subordinate, then the Employee shall refrain from participating in or influencing votes or decisions that may reward or penalize that Employee (such as votes or decisions regarding tenure and/or promotion).

A violation of this policy may lead to disciplinary action, as permitted by University policy and law, up to and including termination of employment.

Retaliation against persons who report concerns about Consensual Relationships is prohibited and constitutes a violation of this Policy.

APPENDIX 5: FAMILIAL RELATIONSHIPS (new section May 3, 2011)

The University is committed to the principle that its personnel shall carry out their duties in an objective and ethical fashion and in an atmosphere in which conflicts of interest are identified and managed. A situation in which an employee retains a direct supervisory or evaluative role over a family member creates conflicts of interest and perceptions of undue advantage or disadvantage.

For the purposes of this Appendix, the following definitions shall apply:

a.”Family Member” shall mean and refer to a spouse, domestic partner, parent, sibling, or child (as defined in Appendix 8).

d.”Exercise(s) Authority” shall mean and refer to evaluating, providing oversight, supervising, academic advising, mentoring, coaching, counseling, providing extracurricular oversight, and/or otherwise participating in or influencing votes or decisions that may reward or penalize a Student or subordinate Employee.

e. “Supervisor” shall mean the individual who performs the Employee’s annual evaluation.

An Employee shall notify their Supervisor immediately in writing of a situation in which the Employee is in a position to Exercise Authority over a Family Member who is a Student or a subordinate Employee. Within fifteen (15) working days of receiving this notification, the Supervisor shall consult with their supervisor to develop a plan to manage or eliminate conflicts of interest and mitigate adverse effects on the involved parties and other third parties. This plan shall document in writing the actions that shall be taken, including one or more of the following actions:

a. Transferring supervisory, decision-making, evaluative, academic, and/or advisory responsibilities;

b. Providing an additional layer of oversight to the supervisory role;

c. Transferring one of the individuals to another position; and/or

d. Taking any other action reasonably necessary to manage or eliminate the actual or potential conflict of interest and/or mitigate adverse effects.

In addition, an Employee shall refrain from participating in or influencing votes or decisions that may reward or penalize a Family Member who is a Student or Employee (such as votes or decisions regarding tenure and/or promotion).

A violation of this policy may lead to disciplinary action, as permitted by University policy and law, up to and including termination of employment.

Retaliation against persons who report concerns about Familial Relationships is prohibited and constitutes a violation of this Policy.

APPENDIX 6: BULLYING IN THE WORKPLACE (last revised August 9, 2019)

Purpose of Policy

Colorado State University is committed to maintaining an environment conducive to working and learning, in which the rights and dignity of all staff, faculty, and students of the university community are respected. The university prohibits behaviors that rise to the level of bullying, as described below. Workplace bullying is a form of psychological violence that disrupts the peaceable environment and can result in lower workplace morale and productivity, greater employee absenteeism and turnover, and higher stress and its related health issues.

Application of Policy

This policy applies to all employees (“Covered Persons”), including, but not limited to, faculty, administrative professionals, state classified employees, student employees, volunteers, affiliates, and all other persons under the jurisdiction of the University to impose sanctions for behavior in the employment context, including agents, contractors and subcontractors. It is not intended to cover CSU students who are not employed by CSU (although a similar policy applies under the Student Conduct Code).

It is the responsibility of all Covered Persons to know and apply this policy.

DEFINITIONS USED IN POLICY

Bullying in the context of the workplace is repeated mistreatment by words or actions that are intended to shame, embarrass, humiliate, degrade, demean, intimidate, and/or threaten an individual or group.

A person who is a target of bullying may not be the only one, or even an intended target; behavior that foreseeably places bystanders or unintended targets at risk or in fear, or causes them to feel threatened or humiliated, is within the scope of this definition.

Bullying can take a variety of forms and may include behaviors that are physical, verbal, nonverbal, direct or indirect, and may take place face-to-face, via written communications, or by electronic means. Some examples of bullying include, but are not limited to:

Shouting or yelling at, berating, ridiculing, or demeaning others;
Name calling and attacks on one’s character, using a person as an object of ridicule, using nicknames after being warned by the target that the nickname is considered to be offensive, or spreading gossip and rumors about the person to others;
Mocking, ridiculing, punishing, or putting someone down in front of others, constant unwarranted criticism, or making offensive remarks regarding a person’s known intellectual or physical attributes;
Persistently interrupting a person or otherwise preventing a person’s legitimate attempts to speak;
Undermining or sabotaging the work performance of others;
Spreading false or sensitive information about another;
Deliberately excluding, isolating or marginalizing a person from normal workplace activities;
Tampering with a person’s personal effects or work equipment; damage to or destruction of a person’s work product, work area, including electronic devices, or personal property;
Punishments or negative consequences designed primarily to shame, exclude, and/or draw negative attention from others;
Violent behavior, such as pushing, shoving, kicking, poking, or tripping; assault or threat of physical assault; making threatening gestures toward a person or invading personal space after being asked by the target to move or step away. Bullying that is physically violent may violate criminal law and is addressed in CSU’s Workplace Violence policy.
Making threats, either explicit or implicit, to the security of a person’s job or position when not part of a legitimate process by the supervisor to set expectations or engage in progressive discipline as outlined by the University. This may include, but is not limited to, manipulating the workload of a person in a manner intended to cause that person to fail to perform legitimate functions.

POLICY STATEMENT

The University values the well-being of its employees and recognizes that bullying in the workplace can significantly impact a person’s dignity and their physical and mental health, as well as the overall experience of working at CSU. Colorado State University considers workplace bullying unacceptable and will not tolerate it under any circumstances. Bullying, as defined in this policy, is prohibited.

POLICY PROVISIONS

CSU has a policy that prohibits unlawful discrimination and harassment. While workplace bullying can be intertwined with unlawful discrimination and harassment, bullying behavior can occur apart from these other forms of misconduct. In either case, workplace bullying is prohibited by this policy. Conduct that might be unlawful discrimination or harassment should be reported to the Office of Equal Opportunity (970-491-5836 or oeo@colostate.edu).
The determination of whether bullying has occurred is highly dependent upon the facts and circumstances surrounding any given situation. Words or actions that may cause an individual discomfort or distress do not necessarily constitute bullying behavior. Differences of opinion and routine conflicts or problems in workplace relationships are not bullying, as these may be part of working life. Behavior that is unfriendly, dismissive or curt is not bullying unless carried to such an extreme that a reasonable person would feel fearful, intimidated, or physically or mentally harmed by it. Criticism, complaints, or negative feedback are not considered bullying when they are reasonable, legitimate, and proportional, and directly address issues of workplace performance and/or conduct. Employees are expected to meet the reasonable performance and behavior standards of their position, and requiring a person to meet those expectations is not bullying under this policy.
Those involved are encouraged to consider informal methods of resolution (see the Bullying Complaint Guidelines and Procedures attached to this policy). Resources to assist with an informal resolution include the HR Solutions Partner and the Office of the Ombuds. However, if informal resolution is not feasible or any party wishes to follow the formal process, a written complaint should be made to the impacted party’s immediate supervisor. (See the required Bullying Complaint Form attached to this policy). A formal complaint must be filed within 180 days of the incident of workplace bullying or, where the behavior is of an ongoing nature, within 180 days from the most recent incident. Either the impacted party or the supervisor of either party may file a formal complaint.
Freedom of Speech
The University values and promotes freedom of expression and inquiry as provided under applicable law. Please refer to the University’s policies under References, below. Nothing in this policy is intended to limit or restrict a person’s First Amendment rights or rights to academic freedom; however, such rights do not include the right to engage in workplace bullying.
Violence
The University is committed to providing a safe and secure campus environment for members of the CSU community, and workplace violence impedes such goals and endangers the entire community. Violent behavior is prohibited on any university property or while participating in any university activity, as described in the University’s separate Violence in the Workplace policy.

Any incident that involves a threat of violence or physical harm should be reported immediately and referred to the Office of Support and Safety Assessment for review and consultation, unless the threat is imminent, in which case the CSU Police (or local law enforcement having jurisdiction) should be called. In certain circumstances, the University may impose interim measures for the duration of the review, including but not limited to campus exclusion.

6. Members of the university community shall cooperate with the reasonable inquiry and review process.

7. Retaliation

The University will not tolerate, and this policy expressly prohibits, retaliation against employees making good faith reports as provided for in this policy, even where the concerns are ultimately unsubstantiated. False reports of prohibited behavior that are found to have been made intentionally are also a violation of this policy. Policy violations may result in University disciplinary action in accordance with established policies and procedures, as appropriate.

COMPLIANCE WITH POLICY

Compliance with this policy is mandatory. For assistance with interpreting or applying its provisions, contact the designated Human Resources Solutions Partner.

Any person covered by this policy who engages in workplace bullying is subject to disciplinary sanctions up to and including termination or dismissal from the University. Any disciplinary actions shall be in accordance with applicable policies and procedures, including: for tenured faculty, section E.15 of the Academic Faculty and Administrative Professional Manual; for state classified personnel, the Human Resources Manual section 3; and for administrative professionals, section D.5.5 of the Faculty and Administrative Professional Manual.

Student employees who are in violation of this policy are also subject to the procedures detailed in the CSU Student Conduct Code.

This policy is not intended to conflict with or supersede any other policy that might subject a violating party to disciplinary review, including but not limited to the Policy on Discrimination, Harassment, Sexual Harassment, Sexual Misconduct, Domestic Violence, Dating Violence, Stalking, and Retaliation; the Policy on Workplace Violence; the CSU Student Conduct Code; the Academic Faculty and Administrative Professional Manual; and existing Human Resources and departmental conduct policies.

REFERENCES

1. 1. - CSU Policy on Discrimination, Harassment, Sexual Harassment, Sexual Misconduct, Domestic Violence, Dating Violence, Stalking, and Retaliation
    - Student Conduct Code
    - Colorado Governor’s Executive Order D 023 09, Establishing a Policy to Address Workplace Violence, including Domestic Violence Affecting the Workplace
    - Freedom of Expression and Inquiry
    - CSU Policy on Workplace Violence
    - Academic Faculty and Administrative Professional Manual
    - Employee Assistance Program
      Anyone impacted by bullying behavior may access support services from the Employee Assistance Program by calling 1-800-497-9133.
    - Office of the Ombuds

The Ombuds Office is a confidential resource for all employees to explore options and obtain information about the policy and processes related to workplace bullying. As a neutral resource, the office is available both to the person who feels they have been a target of bullying as well as the responding party to bullying complaints. As an informal resource, the Ombuds Office is not an office where complaints are placed “on the record.” Therefore, if someone wants to initiate a formal process, the Ombuds Office can discuss the process, but does not initiate an inquiry or document the concerns for the institution.

BULLYING COMPLAINT GUIDELINES AND PROCEDURES

Responsibility to Report

1. 1. 1. In the case of physical assault or harm, or imminent danger of harm, the supervisor should immediately contact CSU Police (or the local police in a non-campus location) by dialing 911. The non-emergency number for CSU Police is 970-491-6425. The matter should also be referred to the Office of Support and Safety Assessment (970-491-1350) for review and consultation within five working days (a “working day” is any day that the University is open for business).
    2. Any person who is a target of workplace bullying is strongly encouraged to report it to their supervisor (or, if the supervisor is involved, then to the next level supervisor in the reporting line).
    3. Any person who witnesses or learns of an incident of workplace bullying at CSU is strongly encouraged to report it to their supervisor (or, if the supervisor is involved, then to the next level supervisor in the reporting line).
    4. Any reports may also be made by calling or emailing the Human Resources (HR) Solutions Partner (970-491-6947 or myhr@colostate.edu), who may bring the matter to the attention of other University officials, as appropriate. Individuals wishing to report a concern are encouraged to do so as soon as possible following the incident(s).
    5. A supervisor receiving a report of bullying is required to take steps to address the matter. If the report is not a formal complaint made using the Bullying Complaint Form, the supervisor should attempt to resolve the matter informally following the steps outlined for Informal Resolution by the Supervisor below. If the report is a formal complaint, the supervisor should contact the HR Solutions Partner and follow the steps outlined below for the Formal Resolution Process.
    6. More than one impacted party, more than one responding party, and/or more than one supervisor may be involved in the bullying complaint process. Singular references herein may be taken as plural as the context requires. As used herein, “impacted party” means the person(s) targeted or affected by the responding partying behavior, and “responding party” means the person(s) alleged to have engaged in bullying behavior.

Informal Resolution by the Targeted Employee

An employee who believes they have been bullied may wish to take informal action, in which case, some suggestions are as follows:

1. 1. 1. Keep Records: Keep notes detailing the nature of the behavior (e.g., dates, times, places, what was said or done and who was present) and copies of paper trails that may indicate bullying. Hold onto copies of documents that provide evidence of events (e.g., time sheets, letters or emails). This documentation will be useful when seeking advice from another party, discussing the matter with the responding party, or if the matter is formally investigated.
    2. Seek Immediate Support and Advice: Explain the behavior you experienced to someone you trust. Good sources of support and advice are HR Solutions Partners, the Employee Assistance Program (EAP), and the Ombuds. It is vital to discuss the situation with somebody who is empathic and trained in these issues. These individuals can provide information regarding one’s rights and responsibilities and suggest options on how best to deal with the situation. Bringing the situation to the attention of another party is often an effective way of dealing with the problem and ensuring that the bullying stops. Oftentimes bullying goes on in private and, by informing someone, it may become apparent that others are feeling the same way. This will help employees get the support and advice they need.
    3. Consider Addressing the Behaviors of the Responding Party Directly: Employees may want to consider approaching the responding party directly and raising the matter, either face-to-face or in writing, but should only do so if they feel it is a safe option. Avoid being contentious or escalating the situation. Tell the responding party politely and calmly exactly which behaviors are offensive and why, and expressly state that the behavior is unwelcome and unacceptable. The person should be asked to stop immediately, and told that if the behavior doesn’t stop further action will be taken. Remaining silent allows the responding party to continue their behavior, which may result in the bullying getting worse. Sometimes the responding party will stop immediately once becoming aware that their behavior is offensive and harmful.

Addressing the responding partying behaviors directly can be difficult. The person involved may deny and perhaps misconstrue the accusations. To address these issues, a colleague or an HR Solutions Partner may act as support or as a witness. Keep a record of the discussion and a copy of any correspondence that is sent to the responding party. It is best to seek guidance from support personnel prior to meeting with the responding party.

1. 1. 1. Mediation: Consider mediation as an option. If all parties agree to mediation, they will be given the opportunity to state their case and how they would like to see the situation resolved. The mediator will assist the parties in attempting to reach a mutually acceptable solution. However, it is important to remember that bullying may result from an imbalance in power, in which case, the target and the responding party may not be on an equal footing. Seek guidance from the Ombuds Office or HR Solutions Partner to explore the option of mediation.

Informal Resolution by the Responding Party

If you have been accused of bullying, there are steps you should take immediately to resolve the situation and to prevent it from escalating.

1. 1. 1. Keep Records: If you are told that your actions have offended someone and that they feel bullied by you as a result, you should document this discussion including what you were told and how you responded. This will be important if you need to discuss the matter with your supervisor or Human Resources or if the matter is formally reviewed.
    2. Seek Advice: You are advised to seek counsel immediately from your supervisor, Human Resources, or the Ombuds, especially if you do not understand the complaint against you or if you believe that the allegations are unjust or malicious. The Employee Assistance Program is available to all employees as a resource.
    3. Stop the Offending Behavior: If you have been told that your behavior makes someone feel uncomfortable, then you should stop it immediately. Even though your behavior may seem innocent to you, it is important to consider its effects on others. Remember it is the other person’s reaction to your behavior that is important, not the reaction you think they should have.
    4. Reflect on Your Work Behavior: Review the way you behave at work and consider whether any of your behaviors may be perceived as bullying. For instance, ask yourself the following question: If other people were to witness my behavior would they find it offensive, humiliating, intimidating, or threatening? If you have concerns about the appropriateness of your behavior consider asking your supervisor for training on communication, conflict management, etc. or seek advice from the Employee Assistance Program.

Informal Resolution by the Supervisor

When a report of bullying is received, or when a supervisor observes the bullying behavior directly, the supervisor may attempt to resolve the matter informally by interacting with both the impacted party and the responding party.

Supervisors may begin by initiating informal discussions with the parties involved (and the supervisor of each of the parties, if different from the one receiving the complaint). If this does not resolve the situation, or if the supervisor receives a formal written bullying complaint, they should first notify their HR Solutions Partner, and then follow the formal resolution process. Any supervisor with a conflict of interest should recuse themself from the process and refer it to the next higher-level supervisor.

Other approaches that a supervisor may take to informally resolve the matter may include:

1. 1. 1. Offer Support: The person who believes they are being bullied needs to be able to discuss the situation with somebody who is empathetic and trained in these issues. If bullying is occurring, the employee will gain strength to address the offensive course of action; if bullying is not occurring, those involved can be advised accordingly.
    2. Seek Advice: Obtain the advice and support of individuals or groups with expertise in handling bullying such as your supervisor, the HR Solutions Partner, the Ombuds, or the Employee Assistance Program when deciding the most appropriate course of action to follow.
    3. Refer the Employee to Available Resources: Suggest that the impacted party access support and guidance from sources such as Human Resources, the Ombuds, or the Employee Assistance Program as appropriate.
    4. Address the Responding Party: Accompany and support the impacted party when they approach the responding party to ask the behavior to stop, but without taking sides before you know the facts. If the impacted party is not comfortable approaching the responding party directly, you may approach the person on the employee’s behalf. Make the responding party aware of the behavior in question, as well as its harmful effects, its inappropriateness, and that it is contrary to policy. Remind the responding party that bullying is a disciplinary offense and repeated incidents may render them liable to a formal procedure which may result in disciplinary action. It may be necessary to discuss any training needs with the responding party that may help change the unacceptable behavior.

Formal Resolution Process

1. 1. 1. If an informal resolution was not reached and the impacted party wishes to pursue the matter, they must submit a written complaint to their immediate supervisor (or, if the supervisor is involved, then to the next level supervisor) using the Bullying Complaint Form. The complaint must be limited to events having occurred within the last five years, with the most recent incident having occurred within the last 180 days. The supervisor should be prompt to acknowledge receipt of the complaint, in writing. Only the targeted, impacted party or the supervisor of either party, may file a formal complaint.
    2. Within 10 working days of receiving the complaint, the supervisor must contact the designated HR Solutions Partner (970-491-6947 or myhr@colostate.edu). If the impacted party, and/or the responding party have different supervisors, then the HR Solutions Partner will contact the other supervisor(s) and facilitate communications between those involved. In the discretion of the Chief Human Resources Officer (CHRO) or delegate, the matter may be elevated to other University officials, as appropriate. The CHRO or delegate also has the authority to extend all timelines as deemed necessary.
    3. The formal process requires that the supervisor(s) (or higher-level university official) and the HR Solutions Partner make a jointly coordinated, reasonable inquiry into the facts, document what is discovered, and, if warranted, take appropriate action, which may include counseling those involved, initiating corrective action, or pursuing other employment action. If a supervisor of either party filed the complaint, that person cannot act as an investigator, and the matter will be referred to next higher-level supervisor.
    4. At the discretion of the CHRO, related complaints or incidents may be combined for purposes of inquiry, resolution, and/or review through the HR Solutions Partner.
    5. Before initiating a reasonable inquiry into a complaint of bullying, the supervisor should contact the HR Solutions Partner for help in creating a plan of action. The supervisor should consider if they have any biases or other conflicts of interest that would preclude them from conducting a full and fair reasonable inquiry. If so, the next higher level supervisor should take over responsibility. The HR Solutions Partner will assist in this determination.
    6. Supervisors and the HR Solutions Partner should jointly begin the inquiry promptly upon learning of the complaint, conduct the inquiry expeditiously, prepare a confidential, written report and provide it to the parties and HR within 30 working days after receiving the written complaint. If a longer time is needed, the HR Solutions Partner can extend the time.
    7. The supervisor and HR Solutions Partner must meet with the complainant to discuss the complaint of bullying. When meeting with the complainant, the interviewers should listen carefully and not be judgmental. The interviewers should refrain from evaluating the complaint or offering premature feedback to the complainant.
    8. Acknowledging the complainant’s perceptions and feelings by briefly paraphrasing what the complainant has shared to ensure accurate understanding is important. The interviewer(s) should make notes of the key facts that are stated and instruct the complainant to put their requested relief in writing, utilizing the Bullying Complaint Form.
    9. The supervisor should thank the complainant for bringing concerns forward and ensure them there will be timely follow-up regarding their concerns.
    10. A supervisor and the HR Solutions Partner conducting a reasonable inquiry should meet privately with the responding party to get their side of the story. They should clearly communicate the need for undesirable behavior to change. Clear expectations should be set with the complainant, responding party and any witnesses. The supervisors and the HR Solutions Partner should emphasize with all parties that retaliation is not acceptable, and explain that disciplinary action will follow if retaliation occurs.
    11. The confidential report will include, at a minimum, the following information:a. Identities of the supervisor, HR Solutions Partner and any others involved in conducting the reasonable inquiry;
      a. Identities of the supervisor, HR Solutions Partner and any others involved in conducting the reasonable inquiry;
      b. Nature and substance of the allegations;
      c. Reasonable inquiry process, including the number of witnesses interviewed, but excluding the identity of witnesses;
      d. Summary of the facts;
      e. Final determination of whether the Bullying Policy was violated;
      f. Decision as to action to be taken.
    12. If the determination is that the facts do not sustain a charge of bullying, this should be documented and communicated to the parties, and no further action is required. If requested by the responding party, this determination should also be communicated to all persons interviewed during the inquiry.
    13. If the determination is that bullying is substantiated, then it should be documented, and action should be taken promptly to address the situation, including disciplinary action or other employment action, if warranted, subject to applicable university policies and procedures as described below.
    14. If the action to be taken involves formal discipline, the applicable CSU policies and procedures for the employees involved will be followed. Actions not involving formal discipline may include:
      a. Separation of the parties involved within the workplace, without a change in duties;
      b. Counseling one or both parties;
      c. Requiring attendance at an appropriate training about workplace behavior;
      d. A letter of expectations that is shared only with the responding party and does not become part of the employee’s personnel file.
    15. Repeated violations of the bullying policy by the same individual should result in progressively stricter actions being taken.
    16. Substantiated bullying incidents should be taken into consideration in an employee’s annual performance review, subject to established evaluation procedures (see, e.g., Academic Faculty and Administrative Professional Manual, section C.2.5 for faculty and D.55 for Administrative Professionals, and Human Resources Manual section 3 for State Classified personnel). In particular, department heads need to be familiar with the restrictions in section C.2.5 of the Manual.
    17. In addition, the reasonable inquiry process may identify improper or problematic conduct that does not constitute bullying as defined and prohibited by this policy. In that situation, the supervisor should address the improper conduct, and such conduct may form the basis for action by the supervisor in accordance with university policies and procedures.
    18. All disciplinary actions shall be taken in accordance with applicable policies and procedures, including: for tenured faculty, section E.15 of the Academic Faculty and Administrative Professional Manual; for state classified personnel, the Human Resources Manual section 3; and, for administrative professionals. section D.5.5 of the Academic Faculty and Administrative Professional Manual.
    19. The file containing all documents related to the report, review, and reasonable inquiry must be kept for 5 years by Human Resources, after which time, it may be destroyed.

Administrative Review

The final decision of the supervisor may be subject to administrative review at the request of either the complainant or the responding party. The request must be made in writing and submitted to the HR Solutions Partner within 10 working days after the written decision is received. The request must specify the reasons why the party finds the resolution unacceptable.

The administrative review will be performed by the next higher-level supervisor of the person who rendered the decision (or the department/unit head if that person is higher in the reporting line). The reviewer will assess the written request for a review, the written report and decision, and the written documentation in the case. The reviewer may also consult with the supervisors involved and the HR Solutions Partner. No new evidence will be taken. The decision will be announced, in writing, within 30 working days after the receipt of the written request for a review by the reviewing administrator. The decision of the administrative review is final, and is not grievable.

Resources for Employees

Anyone impacted by bullying behavior may access support services from the Employee Assistance Program, by calling 1-800-497-9133. EAP is a resource available to all employees that can provide support for those impacted by concerns about workplace bullying—including resources for the person who feels they have been a target as well as for the responding party in a bullying complaint.

Supervisors should inform participants in the bullying process about the Employee Assistance Program.

The Ombuds Office is a confidential resource for all employees to explore options and obtain information about the policy and processes related to workplace bullying. As a neutral resource, the office is available both to the person who feels they have been a target of bullying and the responding party to bullying complaints. As an informal resource, the Ombuds office is not an office where complaints are placed “on the record.” Therefore, if someone wants to initiate a formal process, the Ombuds office can discuss the process but does not initiate an inquiry or document the concerns for the institution.[/vc_column_text][/vc_column][/vc_row]

APPENDIX 7: RESEARCH MISCONDUCT (new section added August 12, 2009)

Universities receiving federal funds must comply with requirements promulgated by the federal agencies regarding ethical behavior in scholarship. The terminology used in this regard is “Research Misconduct,” although the concern for ethical behavior encompasses virtually every discipline. The definition of Research Misconduct, as well as the procedures for reporting, investigating, and holding hearings regarding suspected cases of Research Misconduct may be found at the following website: http://rcr.colostate.edu

APPENDIX 8: FAMILY MEDICAL LEAVE POLICY (last revised August 8, 2014)

Introduction

Colorado State University (CSU) recognizes that its faculty and staff strive to balance the responsibility of their work and personal lives. This Family Medical Leave Policy is designed to support those efforts and to comply with the provisions of the Family Medical Leave Act of 1993 (FMLA), as later amended, and applicable implementing regulations including the State of Colorado’s Family Care Act (FCA)1. Much of the language in Appendix 3 is taken from the FMLA of 1993 and later amendments as of August 2013 and the FCA, which is effective August 2013.

This Appendix provides rules and guidance for the use of Family Medical Leave (hereinafter referred to as “FM Leave” for these needs. Additional procedures, guidelines and forms for applying for FM Leave, recording the use of such leave in the university’s HR system, and working with employees to assure that this policy is correctly and consistently followed, are prescribed by Human Resources

FM Leave is not a form of paid leave; it is a job protection benefit afforded by the university in accordance with the law. In order for any period of FM Leave to be taken as paid leave, the employee must concurrently use another type of accrued leave, such as sick or annual leave, in accordance with the university’s policies and procedures for that type of leave. If an employee is entitled to FM Leave but has insufficient accrued, applicable, paid leave benefits available for the full period of absence, then the remaining period of FM Leave will be unpaid.

Covered Appointment/Employee Types

All CSU appointment/employee types other than State Classified personnel, including those with faculty, administrative professional, graduate assistant, veterinary resident, post-doctoral fellow, veterinary or clinical psychology intern, student or non-student hourly appointments (including work study), or a combination thereof, are covered by this policy and are eligible for Leave in accordance with the criteria listed below under “Eligibility.” FM Leave policies for State Classified employees are contained in the procedures adopted by the Executive Director of the State Department of Personnel and Administration.

Eligibility

Any CSU faculty member or employee, other than State Classified personnel, who has been appointed or employed at CSU for at least twelve (12) months and who has worked at least 1040 hours during the twelve (12) months immediately preceding the commencement date of the leave (hereinafter referred to as an “Eligible Employee”) is eligible for FM Leave under this policy for the purposes set forth below under “Entitlement to Family Medical Leave.” The appointment or employment may have been in one (1) or any combination of the covered appointment/employment categories listed above. Faculty members with tenured, tenure-track, contract, or continuing nine (9) month appointments of half-time (0.5) or greater and administrative professionals with regular or special nine (9) month appointments of half-time or greater are deemed to meet the 1040 hour standard, assuming that all other eligibility criteria are met.

As used in this Appendix 3, the following definitions shall apply:

a. Spouse means a person who is legally married to an Eligible Employee, including a common-law spouse or same-gender spouse when the applicable jurisdiction’s law recognizes such marriages.

b. Child includes biological children, adopted children, foster children, stepchildren, and legal wards of either the Eligible Employee or the Eligible Employee’s Spouse, domestic partner, or civil union partner, as well as any person for whom either the Eligible Employee or the Eligible Employee’s Spouse, domestic partner or civil union partner is standing in loco parentis, provided that the child is under eighteen (18) years of age and/or is incapable of self-care because of a mental or physical disability.

c. Domestic partner has the meaning defined under the University’s benefits plan.

d. Civil union partner has the meaning defined in C.R.S.14-15-103.

Entitlement to Family Medical Leave

An Eligible Employee is entitled to up to twelve (12) work weeks of FM Leave during a rolling twelve (12) month year that begins on the first date the Eligible Employee uses FM Leave. These twelve (12) work weeks of FM Leave do not need to be consecutive. The Eligible Employee is not expected to “make up” the time taken as FM Leave. FM Leave may be taken for any one (1) or a combination of the following reasons:

a. The birth of a Child to the Eligible Employee or the Eligible Employee’s spouse or domestic partner or civil union partner and care for the newborn Child. In this case, the FM Leave must be completed within twelve (12) months of the date of birth.

b. The placement of a Child for adoption or foster care with the Eligible Employee or the Eligible Employee’s spouse or domestic partner or civil union partner and care for the newly placed Child. In this case, the FM Leave must be completed within twelve (12) months of the date of placement.

c. Care for a spouse, domestic partner, civil union partner, Child, or parent with a serious health condition.

d. Inability of the Eligible Employee to perform one or more of the essential
functions of the Eligible Employee’s position because of their serious health condition.

Entitlement to Military Family Leave

An Eligible Employee may take Military Family Leave for a Spouse, domestic partner, civil union partner, Child, or parent on covered active duty or called to active duty status with the Armed Forces due to a “Qualifying Exigency,” which is defined as one (1) of the following situations:

a. Advance notice of deployment that is one (1) week or less.

b. Military events or related activities.

c. Urgent (as opposed to recurring or routine) child-care/school activities necessitated due to military service.

d. Exigent financial or legal tasks to deal with the family member’s call to active duty.

e. Counseling for the Eligible Employee or a Child which is provided by someone other than a healthcare provider if the need for the counseling arises from the covered active duty of a military family member.

f. Spending time with the service member on rest and recuperation breaks during deployment.

g. Post-deployment activities.

h. Other situations arising from the call to duty, as agreed upon by the Eligible Employee and the Eligible Employee’s supervisor.

Note: The employee taking FMLA qualifying exigency leave does not need to be related to the military member’s child. However, (1) the military member must be the parent, spouse, domestic partner, civil union partner, or child of the employee taking FMLA leave, and (2) the child must be the child of the military member (including a child to whom the military member stands in loco parentis).

Entitlement to Military Caregiver Leave

An Eligible Employee who is the spouse, domestic partner, civil union partner, Child, parent, or next of kin of a service member in the Armed Forces is entitled to up to twenty-six (26) work weeks of Military Caregiver Leave during a rolling twelve (12) month year to care for the service member if the service member becomes seriously injured or ill in the line of duty. The service member must be undergoing medical treatment, recuperation, or therapy; be in outpatient care; or be on the temporary disability retired list. In addition to service members, this provision applies to a veteran undergoing medical treatment, recuperation, or therapy for an injury or illness that existed prior to the beginning of the veteran’s active duty, but was aggravated by service in the Armed Forces. The veteran’s discharge must have been other than dishonorable and must have been effective during the five (5) year period immediately preceding the date on which leave is to begin. The rolling year for Military Caregiver Leave begins on the first date that the Eligible Employee uses the Military Caregiver Leave, and this rolling year is distinct from the rolling year for any other FM Leave. However, the use of Military Caregiver Leave cannot cause the total use of all types of FM Leave to exceed twenty-six (26) work weeks during any twelve (12) month period.

Application for Family Medical Leave

In order to utilize FM Leave, the Eligible Employee must comply with the Eligible Employee’s home department’s customary procedures for requesting leave. An employee may request FM Leave by contacting his or her supervisor to fill out the required forms provided by Human Resources. The supervisor will provide the Notice of Eligibility and Rights and Responsibilities to the employee and follow proper procedures to obtain sufficient documentation to determine whether an employee’s leave qualifies as FM Leave. Additional information, such as medical documentation, may be requested in accordance with the FMLA in order to make this determination. The supervisor shall review the request for leave and supporting documentation and then, in consultation with Human Resources, a determination will be made as to whether the circumstances warrant the designation of FM Leave. This determination is ultimately the responsibility of Human Resources. The supervisor has five business days (absent extenuating circumstances) to provide a Designation Notice to the employee after the receipt of sufficient information to indicate that FM Leave is warranted.

Unless it is not reasonably practical, an application for FM Leave must be submitted at least thirty (30) days prior to the start of the leave, and FM Leave for planned medical treatment must be scheduled so as to minimize disruption to University activities.

Intermittent or Reduced Family Medical Leave

FM Leave time may be taken on an intermittent (or “reduced leave”) basis if this is approved by the department or unit head. A request for intermittent or reduced FM Leave that is due to the Eligible Employee’s own serious illness or the allow the Eligible Employee to care for a spouse, domestic partner, civil union partner, Child, or parent who is ill must be approved when this is determined to be medically necessary.

Paid/Unpaid Leave

FM Leave is unpaid leave, but pay may be provided by using accrued sick leave, accrued annual leave, short-term disability coverage, long-term disability coverage, and/or Worker’s Compensation benefits concurrently with the FM Leave. The Eligible Employee must use sick or annual leave concurrently with FM Leave if such leaves are applicable and have not been exhausted (subject to the limits on the use of sick leave in Section F.3.2.2).

Eligible Employees may use accrued sick leave to provide care for and/or bond with a Child who is newly born to or newly placed for adoption or foster care with either the Eligible Employee or the Eligible Employee’s spouse or domestic partner or civil union partner. The child need not be ill for the use of sick leave under these circumstances. Employees may also use sick leave to care for a spouse, domestic partner, civil union partner, child or parent who needs medical care. See Section F.3.2.2 for more details regarding the use of sick leave.

CSU’s short-term disability plan provides a continuation of income for enrolled Eligible Employees who exhaust all of their accrued sick and annual leave in the event of illness, injury, surgery, or pregnancy. These benefits begin only after a completed application has been received and approved by Human Resource Services. The maximum benefits period for short-term disability is sixty (60) days, and this period runs concurrently with the use of FM Leave, sick leave, and/or annual leave. Contact the Benefits Unit in Human Resources for more details regarding the use of short-term disability.

Use of Leave Without Pay

Once FM Leave has been exhausted, the employee may request additional time off using other types of leave (see Section F.3). The granting of such additional leave is at the discretion of University administrators.

Required Use of Family Medical Leave

Whenever an employee takes any type of leave that is covered under the FMLA as Family Medical Leave, the employee’s home department is responsible for correctly entering the leave as FM Leave in the HR information system. FM Leave runs concurrently with all other types of leave taken (including Parental Leave, which may be taken anytime within the first twelve months from the Child’s date of birth or placement for adoption).

Continuation of Benefits

Eligible Employees who are receiving a University contribution to their benefits at the time that a period of FM Leave begins shall continue to receive those contributions and benefits during periods of FM Leave, regardless of whether or not other types of leave are being used concurrently to provide pay.

Return from Family Medical Leave

An Eligible Employee granted FM Leave under this policy shall be returned to the Employee’s same position, or a position of comparable pay and status, upon completion of the FM Leave with the following exceptions:

a. An Eligible Employee whose employment is conditional upon having student status (e.g., a graduate assistant, a veterinary resident, or a student hourly employee) shall be returned to their former position or to a position of comparable pay and status, upon completion of the FM Leave only if the Eligible Employee’s student status at the time of return qualifies them for their former employment status.

b. An Eligible Employee whose appointment has a specified ending date which is earlier than the completion of the FM Leave or whose appointment would otherwise have terminated during the period of FM Leave may not be entitled to reinstatement, in accordance with the provisions of the Family Medical Leave Act. Departments and units must refer questions regarding the status of returning employees with the Benefits Unit in Human Resources.

c. Medical documentation of the fitness to return to work may be required by the supervisor in consultation with Human Resources.

d. Any other reason which would have resulted in the proper and lawful termination of the employment during the period of FM Leave, other than the reason(s) for which FM Leave was taken. Examples include (but are not limited to): termination as a final result of a disciplinary action; termination for lack of a necessary credential or license; or inability to perform one or more essential functions of the job.

Effect of Family Medical Leave on the Tenure Process

If a tenure-track faculty members takes FM Leave, and the accumulated amount of FM Leave taken is at least eight (8) weeks, then the end of his or her probationary period shall be pushed back by one (1) year. If this occurs before the Comprehensive (Midpoint) Review (see Section E.14.2), then this Review shall also be pushed back by one (1) year. The expectations for tenure shall not be increased due to this extension of the probationary period. If the faculty member chooses not to make use of this one (1) year extension, this shall not cause the faculty member’s application for tenure to be treated as an early application

Additional use of FM Leave will generally not lead to an additional one (1) year extension of the probationary period, since the accumulated amount of FM Leave taken will generally be far less than one (1) year. However, in exceptional circumstances, the faculty member may request a second one (1) year extension by following the procedure in Section E.10.4.1.2.

1. C.R.S. 8-13.3-203, the Colorado Family Care Act (FCA), provides that, in addition to the leave than an employee may be entitled to under the Family and Medical Leave Act, an eligible University employee is entitled to up to 12 weeks of unpaid leave in a 12-month period to care for a person with a serious health condition if that person is the employee’s civil union partner as defined in C.R.S. §14-15-103(5) or is the employee’s domestic partner who has satisfied the University’s criteria using the required affidavit. However, the statute states that such leave does not increase the total amount of FM Leave available to the employee; it runs concurrently with FM Leave.

Faculty Council

Faculty Manual – Appendices

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