Section I. Academic and Legal Matters

I.1 Colorado Open Records Act (last revised August 2012)

Under the Colorado Open Records Act (C.R.S. 24-72-201, et seq.) (CORA), records of state institutions of higher education are generally open for public inspection, except as otherwise provided. In order to assure compliance with CORA’s very short timeframe for response, all requests for inspection or copying of University records should be referred immediately to the Office of the General Counsel, which has been charged with receiving and coordinating responses to CORA requests. (Full text of the current Open Records Act is available from the Colorado State University System website: https://csusystem.edu/open-records-policy/.

I.2 The Family Educational Rights and Privacy Act of 1974 (last revised August 2012)

The Family Educational Rights and Privacy Act (“FERPA” or the “Buckley Amendment”) of 1974 provides for the protection of student education records after a person enrolls at a post-secondary institution.

It is the policy of Colorado State University and the responsibility of colleges, departments, and faculty members to comply with FERPA. See https://registrar.colostate.edu/ for guidelines on FERPA compliance. (Full text of the current Family Educational Rights and Privacy Act of 1974 (FERPA) is available from the Colorado State University Registrar’s Office website https://registrar.colostate.edu/student-privacy-ferpa/.

I.3 Colorado Open Meetings Law (last revised August 2012)

The Colorado Open Meetings Law (C.R.S. 24-6-401. et seq.) (the “Open Meetings Law”), implements the stated policy of requiring state business to be conducted in open meetings and not in secret.

Meetings of University administrators and faculty members, including college and departmental meetings and meetings of Faculty Council standing committees, do not generally constitute meetings of a “public body” under the Law. As a matter of policy and in the interest of openness, however, Faculty Council has historically chosen to conduct its meetings in a public forum. (Full text of the current Colorado Open Meetings Law is available from the site https://archives.colorado.gov/about/statutes/state-archives-statute-article-6.

I.4 Disciplinary Action for Students

Disciplinary action for students shall follow the procedures found in the Student Conduct Code. The procedures for assigning academic penalties for students in cases of academic misconduct are given in Section I.5.

In the case of an appeal of a disciplinary decision by a Hearing Officer, the members of the Appeal Committee shall be selected from a pool of faculty, staff and students as described in the Student Conduct Code. The faculty members of this pool shall consist of ten (10) full-time tenured, tenure-track, contract, and continuing faculty members having no administrative duties as described in Section K.11.2. They shall be nominated by the Faculty Council Committee on Faculty Governance, which shall solicit names in February of each year. They shall be elected by Faculty Council, with elections conducted in April. They shall be elected to three (3) year terms staggered that approximately one-third (1/3) of the faculty members shall be elected each year. The term of office for faculty members shall begin July 1 following their election. There is no limit on the number of terms that a faculty member may serve.

I.5 Academic Integrity Policy and Academic Misconduct (new section added June 21, 2011)

I.5.1 Instructor Responsibilities Regarding the Academic Integrity Policy

Course instructors¹ and departments shall work to enhance a culture of academic integrity at the University (see the Colorado State University General Catalog for the Academic Integrity Policy).

a. Each course instructor shall state clearly in their course syllabus that the course will adhere to the Academic Integrity Policy of the Colorado State University General Catalog and the Student Conduct Code. The TILT Academic Integrity website provides examples of possible wordings for the course syllabus.

b. By the end of the second week of the course and/or in the course syllabus, the course instructor shall address academic integrity as it applies to their course components, such as homework, written assignments, lab work, group projects, quizzes, and exams. Examples of items to address include, but are not limited to, the use of class notes, study sheets, and solution manuals; appropriate uses of sources, Internet or otherwise; receiving assistance from others; and the use of prior work. More examples are available in the General Catalog section on Academic Integrity and on the TILT Academic Integrity website.

c. The course instructor shall decide which course components will use an honor pledge. For those course components, the course instructor shall provide the opportunity for students to sign an affirmative honor pledge. The honor pledge shall include one of the following statements and may be expanded according to instructor, department, or college practices and policies:

HONOR PLEDGE: I have not given, received, or used any unauthorized assistance.

HONOR PLEDGE: I will not give, receive, or use any unauthorized assistance.

Examples of other wordings, including the Honor Pledge endorsed by the Associated Students of Colorado State University, may be found on the TILT Academic Integrity website.

A course instructor may offer the student the opportunity to write out the pledge if deemed practicable. Students may be given the opportunity to include an honor pledge along with electronic submissions of their work.

A student’s decision to forego signing the honor pledge shall not be used as evidence of academic misconduct and shall not negatively impact a student’s grade.

d. Instructors shall adhere to the following procedures when they allege that academic misconduct has occurred:

If a course instructor has information that a student has engaged in academic misconduct in their course, prior to assigning any academic penalty, the course instructor shall notify the student of the concern and make an appointment with the student to discuss the concern. The student shall be given the opportunity to give their position on the matter. After being given this opportunity, if the student admits to engaging in academic misconduct, or if the course instructor judges that the information supports the allegation of academic misconduct, the course instructor may then assign an academic penalty. The course instructor may choose to refer the case to Student Conduct Services in the Student Resolution Center for a hearing before deciding on a penalty. The course instructor shall notify the student in writing of the infraction and the academic penalty to be imposed. A copy of this notification shall be sent to Student Conduct Services. Examples of academic penalties include assigning a reduced grade for the work, assigning a failing grade in the course, removing the Repeat/Repair option for that course, or other lesser penalty as the course instructor deems appropriate.

If, after making reasonable efforts, the course instructor is unable to contact the student or is unable to collect all relevant information before final course grades are assigned, they shall assign an interim grade of Incomplete and notify the student in writing of the reason for this action.

If evidence of academic misconduct is discovered after the final course grades have been submitted, the course instructor shall follow the above procedure in properly notifying the student and providing an opportunity for the student to give their position on the matter before making a decision about any academic penalty. The course instructor must notify the student in writing of the infraction and any academic penalty subsequently imposed. A copy of this notification shall be sent to Student Conduct Services.

If the course instructor so requests Student Conduct Services will conduct a hearing to determine if the Student Conduct Code has been violated. If the Hearing Officer determines that a violation has occurred, they may impose sanctions in addition to the grading penalty.

I.5.2 Student Response

If a student disputes a decision of a course instructor regarding alleged academic misconduct, they may request a Hearing with Student Conduct Services. The request must be submitted no later than thirty (30) calendar days after the first day of classes of the next regular semester following the date that the grade for the course was initially recorded or subsequently revised. If no appeal is filed within this time period, the decision of the course instructor shall be final.

I.5.3 Hearings

If a Hearing is conducted by Student Conduct Services, in order for there to be a finding that a student has engaged in prohibited conduct, the information must demonstrate that it is more likely than not a violation occurred (also known as preponderance of information).

The hearing shall be conducted by a a Hearing Officer assigned by the Director of the Student Resolution Center (or the Director’s designee). The Hearing Officer shall give the student the opportunity to respond to the allegation made by the course instructor, and they shall give the course instructor the opportunity to respond to claims made by the student. The Hearing Officer shall make one of the following two (2) decisions:

1. The allegation of academic misconduct is supported by a preponderance of the information.

In this case, the Hearing Officer my impose sanctions for violations of the Student Conduct Code. The Hearing Officer and the course instructor shall confer regarding appropriate sanctions. The course instructor shall make the final decision regarding academic penalties, which may include, among other options, a reduced grade for the course and/or removal of the Repeat/Repair option, and they shall inform the student of that academic penalty. The Hearing Officer shall make the final determination regarding disciplinary sanctions, which will take into account the severity of the incident, its impact on others, and the student’s previous conduct record, and they shall inform the student of those sanctions.

2. The Hearing Officer chooses to forward the case to an Academic Misconduct Review Committee for additional review prior to a resolution being determined.

Prior to forwarding the case to an Academic Misconduct Review Committee, the Hearing Officer shall inform the course instructor and the student of their concerns related to the allegations, and the course instructor and the student shall each be given a chance to respond to the Hearing Officer regarding these concerns.

In this case, an Academic Misconduct Review Committee consisting of three members shall be selected from the members of the pool described in Section I.4. These members shall be selected by the Chair of the pool, and they shall consist of two faculty members and one student. The Chair may or may not be one of the two faculty members. Student Conduct Services shall provide the Academic Misconduct Review Committee with the case file (including all information received by the Hearing Officer) and a summary of any concerns.

After consideration of the case, the members of the Academic Misconduct Review Committee shall make a recommendation to the Director of the Student Resolution Center (or the Director’s designee), who will then make a determination regarding whether or not a preponderance of the information supports the allegation of academic misconduct.

If the determination is that the allegation of academic misconduct is not supported by a preponderance of the information, then the course instructor shall determine a grade based on the student’s academic performance without consideration of the charge of academic misconduct and change any previously assigned grade accordingly.

If the determination is that the allegation of academic misconduct is supported by a preponderance of the information, then the Director of the Student Resolution Center (or the Director’s designee) and the course instructor shall confer regarding appropriate sanctions. The course instructor shall make the final decision regarding academic penalties, which may include, among other options, a reduced grade for the course or removal of the Repeat/Repair option. The Director of the Student Resolution Center (or the Director’s designee) shall make the final determination regarding disciplinary sanctions.

I.5.4 Student Appeal

If the student disagrees with the findings of the hearing, they may file an appeal. This is done by following the procedures in the Student Conduct Code for an appeal of a disciplinary decision. If an Appeal Committee is formed, it will consist of two faculty members and one student from the pool described in Section I.4, excluding any members of this pool who have already served on an Academic Misconduct Review Committee for this case.

I.5.5 Transcript Notation for Academic Misconduct

In the case of a serious infraction or repeat offense of academic misconduct that is upheld through a Hearing, the Hearing Officer and the course instructor shall decide whether the student’s transcript shall be marked with a notation of “AM,” which shall be explained on the student’s transcript as a “finding of Academic Misconduct.” A notation of “AM” shall be made on the student’s transcript only if both the Hearing Officer and the course instructor agree that this penalty should be imposed. Grades marked on the student’s transcript with the designation “AM” shall not be eligible for the Repeat/Repair option.

I.5.6 Records

Information regarding incidents of academic misconduct is kept on file with Student Conduct Services. No further action is initiated unless the incident constitutes a serious infraction, the student has a prior record of University infractions, or there are subsequent reports of misconduct.

I.6 Course Examination Policies

I.6.1 Final Examinations

The final in-class examination period is intended for the end-of-semester examination. No in-class examination constituting more than 10% of the final course grade may be given in undergraduate courses during the week preceding the final examination period of the semester; laboratory, performance and other alternative classes (e.g., courses in the individualized mathematics program) excluded. It is the responsibility of the department head, or where appropriate, the school head, to ensure compliance with this policy.

I.6.2 Evening or Saturday Examinations (last revised August 2, 2013)

Academic departments may wish to schedule evening or Saturday examinations for their courses offered during the day for a variety of reasons. The following regulations apply to these evening or Saturday examinations:

a. The department head shall notify the Registrar’s Office on the working draft for the development of the class schedule of departmental plans to offer evening or Saturday examinations outside of regular class periods by identifying the times and dates for such examinations. Evening examinations may be offered only between 5:00 p.m. and 7:00 p.m. or between 7:00 p.m. and 9:00 p.m. and only on Mondays, Tuesdays, Wednesdays, or Thursdays. Saturday examinations may be offered only between 8:00 a.m. and 10:00 a.m. or between 10:00 a.m. and 12:00 noon. The times and dates chosen for such examinations are considered part of the assigned meeting times for the course and are included in the course registration process.

b.The Registrar’s Office shall publish the times and dates for these evening and Saturday examinations in the class schedule for the term involved and, thus, alert students. Suitable classrooms shall be assigned by the Registrar’s Office.

c. Students will need an override to sign up for any other class which meets during these evening or Saturday examination times. Course instructors are not required to make special accommodations for students who have received such overrides.

d. The instructor of the course involved shall announce the specific dates and times of these examinations, as well as the policies concerning attendance at these examinations, during the first three (3) class meetings. This information shall also be included in the course outlines or syllabi provided to the class.

e. The full policy statement on the scheduling of evening or Saturday examinations outside of regular class periods shall be brought to the attention of all deans and department heads, who are charged with the rigorous enforcement of the regulations governing the publication and announcement of such examinations.

I.7 Student Appeals of Grading Decisions (last revised August 10, 2018)

Course instructors (see footnote 1) are responsible for stating clearly the instructional objectives of the course at the beginning of each term and for evaluating student achievement in a manner consistent with these objectives. Students are responsible for meeting the standards of academic performance established for each course in which they are enrolled. Course instructors are responsible for determining and assigning final course grades. Graded examinations, papers, and other materials used as a basis for evaluating a student’s achievement shall be available to the student for inspection and discussion. A student may appeal the grade assigned to them by a course instructor. However, the burden of proof rests with the student to demonstrate that one (1) or more of the following occurred:

a. The grading decision was made on some basis other than academic performance and other than as a penalty for academic misconduct.

b. The grading decision was based upon standards unreasonably different from those which were applied to other students in the same course and section.

c. The grading decision was based on an unreasonable departure from previously articulated standards.

Before making an appeal, the student should discuss the situation with the course instructor(s) involved in the decision.

To appeal a grading decision, the student shall submit a written request to the department head. The request must set forth the basis for the appeal, identifying one (1) or more of the three (3) criteria listed above. The request must be submitted (or postmarked, if mailed) no later than thirty (30) calendar days after the first day of classes of the following spring semester for appeal of grades recorded for the fall, and no later than thirty (30) calendar days after the first day of classes of the following fall semester for grades received in the spring or summer semester. If no appeal is filed within this time period, the grade shall be considered final.

Within thirty (30) calendar days of the receipt of an appeal, the appeal shall be forwarded to the course instructor(s) who assigned the grade and an appeal committee shall be formed, unless the request is received during or shortly before the Summer Session, when the course instructor(s) who assigned the grade or members of the appeal committee may not be available. In this case, the appeal committee shall be formed no later than thirty (30) calendar days after the beginning of the following Fall semester. The appeal committee shall be composed of two (2) faculty members and two (2) students from within the department and one (1) faculty member from outside the department who shall serve as the chair. All five (5) members of the appeal committee shall be voting members. Formation of the appeal committee shall be specified in the Department Code, and it shall be the responsibility of a departmental faculty member other than the course instructor. Additionally, the code shall specify procedures in the case that the instructor is the department chair.

The appeal committee shall review the written appeal and the written response(s) from the course instructor(s). The appeal committee may elect to interview separately both the student and the course instructor(s) before rendering a decision. The decision of the appeal committee shall be based upon whether or not one (1) of the criteria for an appeal listed above has been met. At the conclusion of the deliberations, the committee shall render one (1) of the following two (2) decisions:

a. The original grading decision is upheld.

b. The department head or the department head’s designee(s) shall reevaluate the student’s academic performance with respect to the instructional objectives of the course and assign a grade accordingly.

A written summary of the hearing, the decision of the appeal committee and the reasons for this decision shall be prepared.  The chair of the appeal committee shall send this summary to the student and the course instructor(s) within thirty (30) calendar days of the appointment of the committee and it shall be retained in the department office for the duration of the student’s enrollment at the University. The appeal committee’s decision is the final decision of the University.

I.8 Student Course Survey (last revised May 8, 2019)

The Student Course Survey is designed to provide formative feedback to course instructors and is to be used for course improvement. In addition, it is designed to provide information for students to make informed choices about courses. If used for teaching mentoring or as part of the evaluation of teaching, the student course surveys must be used only in conjunction with other sources of evidence (see section E.12.1). Thus, these surveys may not be used, in whole or in part, as the primary source of evidence for an instructor’s teaching effectiveness and must be treated as one element of limited weight alongside a range of evaluative tools (as mentioned in E.12.1). The use of student course survey feedback as a stand-alone tool is not an acceptable means of evaluating the quality of teaching, and departments are required to use multiple sources of evidence in assessing teaching effectiveness (see section E.12.1).

Each term, course instructors shall conduct at least one student survey of all the courses they teach through a system administered by the University utilizing the standardized University-wide instrument. The use of any of the optional modules of additional questions or custom questions in addition to the core/common university wide instrument is at the discretion of the instructor. Summaries of quantitative responses (in the form of frequency distributions) for each course surveyed shall be posted at http://coursesurvey.colostate.edu. Access to the summaries shall be granted to anyone with a CSU eID. Access to digital copies of the survey report, which includes student comments, shall be granted only to the course instructor(s) and to individuals explicitly granted access by the instructor(s) or as specified by the department code. In situations where other persons are granted access to the report by the department code, the report should be used only in the context of a comprehensive assessment, by which faculty are provided an opportunity to reflect upon student feedback and include additional evidence of teaching effectiveness (see section E.12.1). Costs for conducting and providing access to survey results should be shared by the University and the Associated Students of Colorado State University (ASCSU). ASCSU’s financial contribution shall not exceed half of the required financial resources to operate this program.

The Committee on Teaching and Learning is responsible for making recommendations regarding the survey instrument and its use, as well as additional forms of evidence to be used in assessing teaching effectiveness. Changes to the Student Course Survey shall be approved by Faculty Council.

I.9 Grades of Incomplete

At the discretion of the instructor, a temporary grade of Incomplete may be given to a student who demonstrates that they could not complete the requirements of the course due to circumstances beyond the student’s control and not reasonably foreseeable. A student must be passing a course at the time that an Incomplete is requested unless the instructor determines that there are extenuating circumstances to assign an Incomplete to a student who is not passing the course. When an instructor assigns an Incomplete, the instructor shall specify in writing the requirements the student shall fulfill to complete the course as well as the reasons for granting an Incomplete when the student is not passing the course. The instructor shall retain a copy of this statement in the instructor’s grade records and provide copies to the student and the department head or the department head’s designee. After successful completion of the makeup requirements, Incomplete grades will be changed by the instructor of record or the department head, in the absence of the instructor of record. After one year or at the end of the semester in which the student graduates (whichever comes first), an Incomplete will be automatically changed to a “F” (failure) unless the course has been previously completed and a grade change submitted by the instructor or the head of the department.

I.10 Letters of Recommendation (last revised August 2012)

The Colorado Employer’s Liability Act, (C.R.S., Section 8-2-114 (5)), requires that University personnel who provide written information to a prospective employer about a current or former employee provide a copy of this information to the employee if the employee appears at the employer’s or former employer’s place of business during normal business hours and if the employee has not signed a waiver, waiving the employee’s right to view the written information.

I.11 Students Called to Active Duty (last revised August 9, 2019)

In response to military action declared by the President of the United States or Congress in which United States forces are being called into active duty, the University shall apply this policy for the duration of such actions. As a primary point of contact, students are encouraged to work with Adult Learner and Veteran Services (ALVS) in order to review all options prior to leaving CSU. Depending on when in the semester the student is called to duty, different options may be available including University withdrawal, late withdrawals, or incompletes. Additional information can be found in the General Catalog.

I.12 Degrees Awarded Posthumously (new section added May 5, 2005)

In exceptional circumstances, the Board may award degrees posthumously. Recommendations for such an award will only be considered when the student had completed nearly all of the requirements for the student’s degree before dying, and when the student’s academic record clearly indicates that the degree would have been successfully completed had death not intervened. Nominations for posthumous awards of degree will be initiated by the student’s department and approved internally by the relevant college dean and the Provost. The posthumous nature of the recommended degree award shall be made explicit when the recommendation is forwarded to the Board. The Provost’s office shall be responsible for presenting the degree to appropriative survivors.

I.13 Attendance at Graduation Ceremonies

Although degrees are awarded at the end of each semester, formal graduation ceremonies are held at the end of the fall and spring semesters. Participation in these commencement exercises is a responsibility of all members of the faculty. College deans are responsible for establishing attendance policies for their respective units, with the approval of the Provost.

I.14 Classroom Policies

The classroom instructor is responsible for controlling the conduct of the class and the demeanor and behavior of the students in exercising classroom discipline, subject to accepted departmental, college, and University standards and practices.

I.14.1 Policy on Who May Attend Classes

University policy permits only enrolled students, persons attending with the permission of the instructor, and administrative personnel of the University to be present in a classroom during scheduled classroom periods.

At the discretion of the instructor in charge, any full time student, faculty member, or senior citizen may attend any class without formal registration provided adequate classroom space is available.

I.14.2 Policy on Classroom Use

Use of classrooms during non-scheduled periods and other areas of academic buildings is permitted only in accordance with departmental, college, or University practices.

I.14.3 Policy on Disruptive or Obstructive Classroom Behavior

University policy prohibits all forms of disruptive or obstructive behavior or demonstrations in classrooms, teaching and research laboratories, and offices or meeting rooms of academic buildings during periods of scheduled use, and prohibits any form of demonstration in the building or on the grounds which disrupts regular and authorized use of any University facility.

If an unauthorized person enters or is present in a classroom or other instructional or research area during periods of use, the faculty member in charge should first ask the person to identify themselves and then ask the person to leave. If the person refuses to leave, the faculty member should tell the person that the person is in violation of University rules and is subject to discipline. If the person then continues to refuse to leave, the faculty member should call the University Police Department.

If any person disrupts the orderly conduct of any class, laboratory, or similar activity, or makes threat thereof, the faculty member should warn the person that such an act is not only in violation of University rules but is in violation of state law, and that appropriate University and legal action will be taken. If the person refuses to desist, the faculty member should call the University Police Department.

The faculty member should seek to obtain the identification of the person or persons involved. The faculty member is not obligated to continue a class when the faculty member’s safety or that of the students is threatened.

I.14.4 Class Attendance Regulations (last revised June 21, 2011)

Instructors and departments are responsible for establishing attendance policies for classes and examinations. These policies must accommodate student participation in University-sanctioned extracurricular/co-curricular activities. Students must inform their instructors prior to the anticipated absence and take the initiative to make up missed work in a timely fashion. Instructors must make reasonable efforts to enable students to make up work which must be accomplished under the instructor’s supervision (e.g., examinations, laboratories). In the event of a conflict in regard to this policy, individuals may appeal using established University procedures.

For the purposes of this regulation, University-sanctioned activities include competitions, events and professional meetings in which students are officially representing the institution. Appropriate sanctioned activities include:

a. Intercollegiate athletics;

b. Collegiate club sports and competitions;

c. Conferences and workshops recognized by the University not related to academics;

d. Commitments on behalf of the University (ASCSU, band, etc.); and

e. Professional activities recognized by the University related to academics.

Department heads or their designated representatives must approve sanctioned professional and departmental activities. Other sanctioned activities must be approved by the appropriate program director on record with the Division of Student Affairs or the Department of Athletics.

I.14.5 Policy on Off-Campus Graduate Instruction

The policy of Colorado State University is that standards and requirements for students, faculty members, courses, and programs for off-campus graduate study are the same as those standards and requirements on campus. The academic department head has the basic responsibility for the implementation of this policy.

I.15 Responsibilities of Being a Student Group Advisor (last revised August 7, 2015)

An advisor is selected by a student group and serves upon mutual agreement among the student group, the advisor, and the advisor’s administrative head. The role of the advisor is to provide guidance in fiscal matters; assistance in attaining group goals; encouragement of open lines of communication among students, faculty members, and staff; and continuity to the group from year to year. When a faculty member or staff member is confirmed as an advisor to a student group, this role as an advisor will constitute an assigned University duty, which will last at least through the academic year, and may be renewed annually at the discretion of all parties.

I.16 Field Trips and Other Similar Sanctioned Off-Campus Activities

University employees, as a part of their official capacities, must at times arrange for various types of off-campus activities such as instructional related trips, field and demonstration trips, recreational, and athletic trips. The following guidelines are provided to assist employees in carrying out their responsibilities in these matters.

a. University employee: an officer, employee or servant acting on behalf of the University, whether or not compensated, elected or appointed. NOTE: An “independent contractor” is NOT a University employee.

b. Any activity associated with a class, course, program or function must be approved by an employee in an official capacity with the University who is authorized to grant such approval. Approval procedures will vary but authorization ordinarily will reside with the department head or director of the administrative unit.

c. All “sanctioned off-campus” activities shall be conducted under the direct supervision of a University employee. The University employee shall be responsible for such items as, but not limited to:

1. Obtaining authorization.

2. Communicating to participants expected standards of conduct.

3. Arranging for excused absences for participants.

4. Obtaining releases of liability from participants where appropriate. Contact the Office of Risk Management for guidance and the appropriate forms.

5. Arranging transportation and itinerary.

6. Assuring that conditions concerning liability insurance are met and are in effect.

I.17 Limitation on Study for Advanced Degrees by Faculty

No faculty member with a rank of higher than instructor may receive a master’s or doctor’s degree from the department of the institution in which the faculty member holds academic appointment. Under special or exceptional circumstances, a faculty member with a rank higher than instructor may be allowed to pursue and receive an advanced degree from this institution, but only if that degree is granted from another department, and only if written permission is granted by the head of the department in which the faculty member holds rank, the head of the department granting the degree, the dean(s) of the college(s) involved, and the Provost.

I.18 Colorado Tuition Classification Law Restriction

The Colorado Tuition Classification Law requires a newly appointed faculty member moving to Colorado from another state to be domiciled in Colorado for twelve (12) months before the faculty member or the faculty member’s spouse or minor child is eligible for Colorado resident status for tuition purposes.

I.19 Policies Regarding Controlled Substances, Illicit Drugs and Alcohol (last revised May 3, 2017)

No member of the academic community (faculty members, administrative professionals, staff, and students) may unlawfully possess, use, manufacture, dispense, or distribute controlled substances, illicit drugs, or alcohol on University property or as a part of any University activity. University policy also prohibits the performance of one’s duties while impaired by the use of alcohol or drugs. The University, through its established committees and procedures, will impose sanctions on students and employees found to be in violation of this policy, possibly including, but not limited to, one (1) or more of the following: reprimand, probation, expulsion, eliminating or lowering salary increases for a period of time, temporary suspension with or without pay, termination, and referral to civil authorities for prosecution consistent with local, State, and Federal law and University policy. University employees who are convicted under a criminal drug statute for an act in violation of this policy must report the conviction to the Executive Director of the Department of Human Resources, in writing within five (5) days. The University will annually inform faculty members, administrative professionals, staff, and students of applicable health risks, counseling, treatment, rehabilitation or reentry programs, and applicable local, State, and Federal law on unlawful possession or distribution of drugs and alcohol.

Under certain conditions, alcoholic beverages may be served at campus functions. However, before alcoholic beverages may be served at a function held on campus, the intent to serve alcoholic beverages must be registered with the appropriate office. If alcoholic beverages are to be served at a function held in the Lory Student Center, the registration is with that office, and their policies and procedures must be followed. If alcoholic beverages are to be served at a function held elsewhere on campus, the registration is with Facilities Management, and their policies and procedures must be followed. Policies related to alcohol at athletic events held at athletics venues, including tailgating areas, are available from the Department of Athletics. University employees and students intending to serve alcoholic beverages as part of a campus function need to be aware of and follow the appropriate policies and procedures.

I.20 Faculty Liability

The Colorado Government Immunity Act, (C.R.S., Article 10, Title 24), protects public employees from liability and from the costs of defense where the claim against the public employee arises out of injuries sustained from an act or omission of such employee occurring during the performance of their duties and within the scope of their employment.

The Colorado Governmental Immunity Act defines “employee” as “an officer, employee or servant of the public entity, whether or not compensated, elected, or appointed, but does not include an independent contractor or any person who is sentenced to Section 42-4-1202(4), C.R.S. 1973, to participate in any type useful public service.”

In 1985, the State legislature passed the Risk Management Act which established a state self-insured fund. Colorado State University and employees, as defined are covered by this act for claims where immunity has been waived by the Government Immunity Act.

To qualify for protection under the Colorado Government Immunity Act employees, as defined above, should adhere to the following criteria:

a. Incidents or occurrences that can reasonably be expected to lead to a claim should be reported as soon as possible to the employee’s supervisor and to the Office of Risk Management. Incidents or occurrences involving injury or death should be reported immediately.

b. Injured persons, or claimants, should be referred to the Office of Risk Management for procedures to file a claim with the Office of the Attorney General of Colorado and the State Division of Risk Management.

c. Employees must not compromise or settle claims without consent of the University, the Division of Risk Management and the Attorney General.

d. An employee who has been served with notice for a court action against the employee and/or the University must notify the Office of the Attorney General of Colorado, in writing, within fifteen (15) days of receipt of such notice.

There is no protection provided:

a. When the act or omission is outside the scope of employment.

b. For acts or omissions that are criminal, intentional, willful or wanton.

Employees should exercise due caution and use common sense in attempting to avoid accidents and injury which could result in liability to themselves or to Colorado State University.

Questions on liability insurance should be directed to the Office of Risk Management. Questions of a legal nature should be referred to the Office of the General Counsel.

Provisions as stated in the Colorado Government Immunity Act and the Risk Management Act supersede any statement made in this Manual.

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¹ The term “course instructor”, as used in Sections I.5 and I.7, is applicable to all persons responsible for assigning grades, including graduate teaching assistants.