Student Conduct

Code of Student Behavioral Expectations and Responsibilities (Code)

The College considers the behavior described in the following subsections as inappropriate and in opposition to the values of the College community. These responsibilities apply to all students, including continuing education. The College encourages and expects students, faculty, and staff to engage as active bystanders and report to College officials incidents that involve the following behaviors. Any student found to have violated or to have attempted to violate the following responsibilities may be subject to the conditions, restrictions, and outcomes outlined in SP 4-30a, Student Behavior Expectations and Responsibilities Resolution Procedure.

The following section is organized alphabetically by violation followed by an explanation.

Abuse of Conduct Process: Abuse or interference with College processes, including conduct and academic integrity meetings:

• Falsification, distortion, or misrepresentation of information.
• Failure to provide, destroying, or concealing information during an investigation of an alleged Code violation.
• Attempting to discourage an individual’s proper participation in, or use of, the campus conduct system.
• Inappropriately influencing any member of the campus community with conduct authority prior to, during, and/or following a campus conduct proceeding.
• Influencing or attempting to influence another individual to commit an abuse of the campus conduct process.

Academic Integrity: Plagiarizing, cheating, or committing any other form of academic misconduct including, but not limited to, unauthorized collaboration, falsification of information, and/or helping someone else violate reasonable standards for academic behavior. Students who engage in any type of academic dishonesty are subject to both academic consequences as determined by the instructor and to outcomes as set forth in the Student Behavioral Expectations and Responsibilities Resolution Procedure.

• Cheating: The act of using or attempting to use an examination or other academic work, material, information, or study aids which are not permitted by the instructor. Cheating includes, but is not limited to:
  • Using books, notes, or calculators or copying from or conversing with others during examinations (unless such external aids are permitted by the instructor).
  • Having someone else do research, write papers, or take examinations for someone else.
  • Submitting work completed in one class to fulfill an assignment in another class without prior approval from the instructor(s).
  • Stealing, distributing, selling, and buying tests or having someone take an exam on someone else’s behalf.
• Fabrication: The invention of material or its source and its use as an authority in academic work. Fabrication includes, but is not limited to:
  • Inventing the data for a scientific experiment.
  • Inventing the title and author of a publication to use the invented publication as a source.
  • Knowingly attributing material to an incorrect source.
• Plagiarism: The act of using someone else’s work without giving proper credit to the original source. The work can be written, artistic, musical, language, symbols, or media. Reusing one’s own prior work without proper citation (or approval of instructor) is also plagiarism.

Alcohol/Drugs: Use, being under the influence, manufacturing, possession, cultivating, distribution, purchase, or sale of alcohol and/or drugs (illegal and/or dangerous or controlled substance) and/or alcohol/drug paraphernalia while on College-owned or College-controlled property, and/or at any function authorized or supervised by the College, and/or in state owned or leased vehicles.

Animals/Pets: Animals are not permitted on campus except as permitted by law or as specifically approved by the College.

• Please see SP 4-120b, regarding Student Disability Services for information related to service animals and emotional support animals.
• Please see the appropriate handbook for regulations and processes for animals and pets in student housing, where applicable.

Bullying/Non-physical abuse: Bullying includes repeated and/or severe aggressive or negative actions or behaviors intentionally or reasonably likely to intimidate, hurt, control, or diminish another person, physically, mentally, or emotionally. Bullying may include direct or indirect communications in verbal or nonverbal form and specifically includes bullying by electronic means (e.g., cyberbullying).

For more information and compliance, see SP19-10, Bullying/Violence/Firearms on Campus.

Damage and Destruction: Reckless and/or unauthorized damage to, or destruction of, College property or the individual property of another, regardless of intention. Damage or destruction of community, public, or private property.

Deceitful Acts: Engaging in deceitful acts, including, but not limited to: collusion, forgery, falsification, alteration, misrepresentation, non-disclosure, or misuse of documents, records, identification and/or educational materials.

• Collusion: Action with another or others to violate the Code.
• Falsification: Knowingly furnishing or possessing false, falsified, or forged materials, documents, accounts, records, identification, or financial instruments, including electronic forgery and/or manipulation.

Discrimination and Harassment: Discrimination is any distinction, preference, advantage, or detriment given to a person based on one or more actual or perceived protected classes. Harassment is a form of discrimination that includes Quid Pro Quo and Hostile Environment.

• Hostile Environment occurs when a person is subjected to verbal or physical conduct based on a protected class that is sufficiently severe, persistent or pervasive, and objectively offensive to alter the conditions of a person’s employment or unreasonably interfere with a person’s ability to participate in or benefit from CCCS educational programs or activities, from both a subjective and objective viewpoint.
• Quid Pro Quo is a type of sexual harassment that exists when an employee conditions the provision of an aid, benefit, or service on an individual’s participation in unwelcome sexual conduct, such as unwelcome sexual advances, requests for sexual favors, or other verbal or physical conduct of a sexual nature.
• Sexual harassment includes, but is not limited to, dating violence, domestic violence, stalking, and sexual assault.
• For more information and how to file a complaint regarding discrimination or harassment, including sexual misconduct, see SP 19-60, Civil Rights and Sexual Misconduct Resolution Process.

Disruptive Behavior: Engaging in any behavior that negatively affects or impedes teaching or learning (regardless of mode of delivery or class setting) or disrupts the general operation of the College.

Endangerment or Defacement: Conduct that is detrimental to the College, and/or to community safety. Examples include, but are not limited to, slamming doors, throwing chairs, and/or defacing of College property or property of others.

Failure to Comply:

• Failure to comply with or follow the lawful directives of College employees acting within the scope of their duties, including those directives issued by a College administrator to ensure the safety and well-being of others.
• Failure to comply with or follow the directives and/or sanctions imposed under CCCS policies and procedures.
• Failure to identify oneself to College officials, acting in their official capacity, when requested to do so.

Fire Safety: Violation of federal, state, local, or campus fire policies including, but not limited to:

• Intentionally, recklessly, or negligently causing a fire that damages the College, individual property, or causes injury.
• Failure to evacuate a College owned, operated, or controlled facility during a fire alarm.
• Improper use of College fire safety equipment.
• Tampering with or improperly engaging a fire alarm or fire detection/control equipment while on College property. Such action may result in a criminal action.

Gambling: Gambling as prohibited by the laws of the State of Colorado. Gambling may include, but is not limited to, raffles, lotteries, sports pools, and online betting activities. Participation in illegal gambling activities on College-owned or College-controlled property, and/or at any function authorized or supervised by the College, and/or in state owned or leased vehicles.

Harm to individuals: Intentionally or unintentionally causing physical harm, threating to cause harm, endangering the health and/or safety of any individual, or demonstrating violent behavior.

• Violent Behavior includes any act or threat of physical, verbal or psychological aggression, or the destruction or abuse of property by any individual.
• A threat is defined as direct or indirect, verbal or non-verbal conduct (including those made in person, by mail, over the telephone, by email, or by other means) intended to result or reasonably resulting in intimidation, harassment, harm, fear or endangerment of the safety of another person or property.
• For more information and compliance, see SP 19-10, Bullying/Violence/Firearms on Campus.

Hazing: Defined as an act that endangers the psychological, emotional, intellectual, and/or physical health and/or safety of a student, or that destroys or removes public or private property, for the purpose of initiation, admission into, affiliation with, or as a condition for continued membership in a group, team, or organization. Additionally, any act that places a student in a subservient role within an organization is considered hazing. Participation or consensual cooperation by the individual(s) being hazed does not excuse the violation. Failing to intervene to prevent, failing to discourage, and failing to report those acts may also violate this code.

Indecent Exposure: Deliberately and publicly exposing one’s intimate body parts, public urination, defecation, and public sex acts.

Retaliation: Retaliatory acts include, but are not limited to, intimidation, verbal or physical threats, harassment, coercion, or other adverse action(s) against a person who reports an incident of misconduct.

Rioting: Causing, inciting, or participating in any disturbance that presents a clear and present danger to self or others, causes physical harm to others, or results in damage and/or destruction of property.

Theft: Obtaining, retaining or exercising control over property of another without authorization, or by threat or deception, with the purpose and/or effect of depriving the person(s) to whom the property belongs of its use or benefit.

Tobacco Violation: Smoking and the use of tobacco and related products, including electronic smoking, where contrary to applicable laws or policies established by the College. This includes smoking inside buildings or in areas where smoking is posted as prohibited.

Trademark Violation: Unauthorized use, including misuse, of the College or organizational names and images without the express written consent of the institution or organization.

Unacceptable Use of College Equipment, Network or System: Unacceptable uses of any College-owned or operated equipment, network or system including, but not limited to: knowingly spreading computer viruses; reposting personal communications without the author’s consent; copying protected materials; using the network for financial or personal gain, commercial activity, or illegal activity; accessing the network using another individual’s account; unauthorized downloading/uploading software and/or digital video or music; downloading/uploading, viewing or displaying pornographic content, or any other attempt to compromise network integrity. For more information, see SP 4-32, Student Email Acceptable Use.

Unauthorized Access and Entry: Unauthorized access to any College facility, including misuse of  keys, cards, restricted access areas, or unauthorized possession, duplication or use of other individual’s means of access to any College facility; failing to provide a timely report of a lost College identification card or key; misuse of access privileges to College premises or unauthorized entry to or use of facilities, including trespassing, propping, or unauthorized use of alarmed doors for entry into or exit from a College facility.

Violation of Laws, Directives and Signage: Violating any municipal, county, state or federal laws, or executive orders, or violating any public health orders in a manner that adversely impacts the health and well-being of the campus environment and those on campus.

Weapons Violation: Possession, use, or distribution of explosives (including fireworks and ammunition), guns (including air, BB, paintball, facsimile weapons, and pellet guns), or other weapons or dangerous objects, such as arrows, axes, machetes, nunchaku, throwing stars, or knives with a blade of longer than three (3) inches. This includes the unauthorized storage of any item that falls within the category of a weapon, including storage in a vehicle parked on College property, other than what is expressly permitted by law.

• Possession of an instrument designed to look like a firearm, explosive, or dangerous weapon is also prohibited by this policy.
• Intentionally or recklessly using and/or possessing a weapon or any other item in such a way that would intimidate, harass, injure, or otherwise interfere with the learning and working environment of the College shall face increased consequences.
• Students, faculty, and staff possessing valid Colorado Concealed Handgun Licenses are permitted to carry concealed weapons on campus in accordance with state law and CCCS policy. For more details about certain restrictions, please consult with the campus/local police and/or the Housing and Residential Education Handbook, where applicable.
• For more information and compliance, see SP 19-10, Bullying/Violence/Firearms on Campus.

Violation of course, program, or activity rules: Violation of established rules as contained in courses, programs activities, regulations, or guidelines and established by departments, regulatory boards, or licensing bodies, including all Housing and Residential Education policies, as applicable.

Group Violations

A student group or organization and its officers and membership may be held collectively and individually responsible when violations of this Code occur by the organization or its member(s), including the following conditions:

• Violation(s) take place at organization-sponsored or co-sponsored events, whether sponsorship is formal or implied.
• Violation(s) have received the consent or encouragement of the organization or of the organization’s leaders or officers.
• Violation(s) were known or should have been known to the membership or its officers.

Conduct meetings for student groups or organizations shall also follow the Student Behavioral Expectations and Responsibilities Resolution Procedure. In any such action, individual determinations as to responsibility will be made and restrictions, conditions, and outcomes may be assigned collectively and individually, and will be proportionate to the involvement of each individual and the organization. Procedures will begin with communication to the President or leadership of said organization.

Amnesty

Assisting an individual by calling for help in an alcohol or drug-related emergency means neither the person who calls for help, nor the person who needs help will be subject to formal investigation nor receive a formal conduct record for their behavior. Students seeking assistance under these provisions may be required to meet with the SSAO and to complete educational, counseling, or other requirements aimed at addressing health and safety concerns. The requirements will be informal or on a deferred basis.

The student must fully comply with reporting to appropriate College officials for amnesty to be considered.

Student Disciplinary Procedure

Reference
Board Policy (BP) 4-30; System President’s Procedure (SP) 4-31a

Application
The procedure applies to students within the Colorado Community College System (CCCS).

Basis
Students are expected to adhere to the Student Code of Conduct and policies and procedures of the College. If a student is charged with violating her/his College’s Code, these are the procedures to be used in resolving the charge.

Definitions
Chief Student Services Officer (CSSO): The individual designated by the College President to administer student affairs and be responsible for administering the College’s Student Code of Conduct and this procedure. The CSSO may delegate student discipline to another individual (designee).

Code of Conduct: A document developed and published by each College which defines prescribed conduct of students.

Complainant(s): A person(s) who is subject to the alleged misconduct or related retaliation. For purposes of this procedure, a complainant can be a CCCS employee(s), student(s), authorized volunteer(s), guest(s), or visitor(s).

Day: Refers to working day unless otherwise noted below.

Jurisdiction: Applies to behaviors that take place on the campus, at System or College sponsored events; and may also apply off-campus and to online activity when the Chief Student Services Officer (CSSO), or designee, determines that the off-campus conduct affects a substantial System or College interest. A substantial College interest is defined to include the following:

• Any action that constitutes criminal offense as defined by federal or Colorado law. This includes, but is not limited to, single or repeat violations of any local, state or federal law committed in the municipality where the System or the College is located;
• Any situation where it appears that the accused individual may present a danger or threat to the health or safety of self or others;
• Any situation that significantly impinges upon the rights, property or achievements of self or others or significantly breaches the peace and/or causes social disorder; and/or
• Any situation that is detrimental to the educational interests of the System or the College.

Any online postings or other electronic communication by students, including cyber-bullying, cyber-stalking, cyber-harassment, etc. occurring completely outside of the System or the College’s control (e.g., not on System or College networks, websites or between System or College email accounts) will only be subject to this procedure when those online behaviors can be shown to cause a substantial on-campus disruption. Otherwise, such communications are considered speech protected by the First Amendment to the Constitution.

Notice: Notices which are required to be given by this procedure shall be considered served upon the student when given by personal delivery, mailing by certified mail, or emailing the student to their official College email address requesting a delivery receipt notification. If notice is mailed, student shall be given three (3) additional days to respond.

Respondent: A student whose alleged conduct is the subject of a complaint or incident.

Retaliatory Acts: Include but not limited to intimidation, verbal or physical threats, harassment, coercion, or other adverse action(s) against a person who reports an incident of misconduct.

Sanctions: One or more of the following may be imposed when there is a finding that a student has violated the College’s Code of Conduct.

1. Warning: A Notice served upon the student advising him/her that he/she is violating or has violated College regulations.
2. Probation: After a finding of violation of the Code of Conduct, restriction of student’s privileges for a designated period of time including the probability of more severe disciplinary sanctions if the student is found to be violating any College regulations during the probationary period.
3. Other Disciplinary Sanction: Fines, restitution, denial of privileges (including extra-curricular activities or holding office in student organizations), assignment to perform services for the benefit of the College or community; educational sanctions such as mediation, letter of reflection, attendance at a workshop, seminar, or training writing a letter of apology seeking academic advising; re-assignment or eviction from campus housing, substance abuse screening, re-assignment to another class section, including a potential online section, or other sanction that doesn’t result in the student being denied the right of attending classes, or any combination of these.
4. College Suspension or Expulsion: An involuntary separation of the student from the College for misconduct not based on academic performance for a specified period of time.
   1. Suspension is a separation that shall not exceed three academic terms (including summer term) per suspension for any singular offense or situation. While a student is suspended, he or she is not eligible for admission or readmission at any of the community Colleges within the System.
      Additionally, if a student is suspended at any of the other Auraria Campus Institutions (i.e., Metropolitan State University of Denver [MSUD] or the University of Colorado Denver [UCD]), he or she will not be eligible for admission or re-admission at the Community College of Denver (CCD). Consequently, if a student is suspended at MSUD or UCD and attempts to enroll at one of the other twelve community Colleges within the System, he or she may be denied pursuant to the process under Board Policy 4-10, Admission, Continued Enrollment and Re-enrollment of Students.
      Once the suspension is lifted at any of the community Colleges within the System, MSUD or UCD, the student may be eligible for admission or re-admission.
      Examples of suspension include but are not limited to the following: the College, a department or program, a class, use of a College facility or an activity.
      Students may be suspended from one class period by the responsible faculty member or adjunct instructor. Longer suspensions can only be implemented by the CSSO or designee in accordance with this procedure.
   2. Expulsion is an indefinite separation from the College. The expelled student is not eligible for admission or readmission at any of the community Colleges within the System.
      Additionally, if a student is expelled at MSUD or UCD, he or she will not be eligible for admission or re-admission at CCD.
      Consequently, if a student is expelled at MSUD or UCD and attempts to enroll at one of the other twelve community Colleges within the System, he or she may be denied pursuant to the process under Board Policy 4-10, Admission, Continued Enrollment and Re-enrollment of Students.
      In exceptional cases where a student wants to be considered for admission or re-admission after an expulsion has been implemented, the student bears the burden to prove the behavior resulting in the expulsion has been resolved. It is the College’s discretion to admit or deny the student.
5. Interim Action: An immediate action taken by the CSSO or designee, to ensure the safety and well-being of members of the System or College community; preservation of System or College property; or if the student poses a definite threat of disruption or interference to others or the normal operations of the System or College. In the event of an interim action, the hearing before the CSSO or designee shall occur as soon as possible following the interim action. If the College issues a permanent sanction, the student shall be afforded appeal rights as discussed below. If the College does not implement a permanent sanction, the interim action will be removed from the student’s record.
6. The College may issue a “Cease Communications”, “No Contact”, and/or “No Trespass” directive, also referred to as a persona non grata.

Student: All persons currently taking courses at or sponsored by the College(s), pursuing either credit and non-credit courses (or both), including those concurrently attending secondary or post-secondary institutions and College. Persons who are not officially enrolled for a specific term, but who have a continuing relationship with the College are considered students.

Continuing Relationship: A student registered for an upcoming term or has indicated intent via a transaction such as a financial aid application to register for an upcoming term. A continuing relationship also includes students who are first time enrollees who engage in misconduct prior to the time of enrollment. For students in a continuing relationship status, jurisdiction and the reasonable person standard must be considered in pursuing disciplinary charges. The Student Conduct Code shall apply to a student’s conduct even if the student withdraws from school while a disciplinary matter is pending.

Title IX Coordinator(s) and Title VI and VII Coordinator(s) (EO Coordinator): Designated by the College President to oversee all civil rights complaints.

Training: All College officials involved with the investigation and discipline process will be trained annually on the issues related to domestic violence, dating violence, sexual assault, and stalking.

Procedures

The CSSO or designee shall receive all allegations of student misconduct, investigate the complaints, which includes meeting with the student to give him/her the opportunity to respond to the allegations of misconduct. If the allegations of misconduct are discrimination and/or harassment based on federal or state civil rights laws, the College will investigate those incidents through the Civil Rights Grievance and Investigation Process, System President’s Procedures (SP) 3-50b and (SP) 4-31a via the following link: www.cccs.edu/about-cccs/state-board/policies-procedures/.

Once the investigation is complete, either through this process or the Civil Rights Grievance and Investigation Process, the CSSO or designee shall render a sanction decision.

The CSSO or designee may decide that the charges can be disposed of administratively by mutual consent of the parties involved on a basis acceptable to them. If an administrative resolution is not achieved, the CSSO or designee shall issue a decision which determines whether the alleged conduct occurred; whether the conduct violated the Code of Conduct or College procedures; and impose a sanction(s) if appropriate.

In cases of domestic violence, dating violence, sexual assault and stalking, the complainant and the respondent will be notified simultaneously in writing of the outcome of any disciplinary proceeding, as well as any changes to those results or disciplinary actions prior to the time that such results become final and shall be given the rationale for the discipline decision.

The student shall receive written notice of the decision and be advised of her/his right to appeal the decision, subject to the grounds below, by filing a written appeal with the CSSO or designee within seven (7) days of service of the decision.

Appeal

In the event of an appeal, the CSSO or designee shall give written notice to the other party (e.g., if the accused student appeals, the appeal is shared with the complainant who may also wish to file a response), and then the CSSO or designee will draft a response memorandum (also shared with all parties). All appeals and responses are then forwarded to the Appeals Officer or committee for initial review to determine if the appeal meets the limited grounds and is timely. The original finding(s) and sanction(s) will stand if the appeal is not timely or substantively eligible, and the decision is final.

If the appeal has standing, the documentation is reviewed. Because the original finding(s) and sanction(s) are presumed to have been decided reasonably and appropriately, the party appealing the decision must specifically cite the error(s) in the original determination on which the appeal is based. The only grounds for appeal are as follows:

1. A material procedural or substantive error occurred that significantly impacted the outcome of the hearing (e.g., substantiated bias, material deviation from established procedures); which must be explained in the written appeal; or
2. To consider new evidence, unavailable during the investigation or hearing that could substantially impact the original finding or sanction. A summary of this new evidence and its potential impact must be included in the written appeal, as well as the reasons the new evidence was not available during the original proceeding. Failure to participate in the initial process does not constitute as new information for the appeal process.

If the Appeals Officer or committee determines that a material procedural or substantive error occurred, it may return the complaint to the CSSO or designee with instructions to reconvene, in order to cure the error. In rare cases of bias, where the procedural or substantive error cannot be cured by the CSSO or designee, the Appeals Officer or committee may order that a new hearing be held by a different individual acting in the place of the designated CSSO or designee. The results of a reconvened hearing cannot be appealed. The results of a new hearing can be appealed once on (either or both of) the two applicable grounds for appeals.

If the Appeals Officer or committee determines that new evidence should be considered, it will return the complaint to the CSSO or designee to reconsider in light of the new evidence, only. If the subject matter pertains to civil rights violations pursuant to SP 4-31a, the Appeals Officer or committee will return the complaint to the Title IX/EO Coordinator to reconsider in light of the new evidence, only. The reconsideration of the CSSO, designee, or Title IX/EO Coordinator is not appealable.

The procedures governing the hearing of appeals include the following:

• All parties should be timely informed of the status of requests for appeal, the status of the appeal consideration, and the results of the appeal decision.
• If the Appeals Officer or committee determines there is new evidence or error in the original proceeding, every opportunity to return the appeal to the CSSO or designee for reconsideration (remand) should be pursued.
• Appeals are not intended to be a full rehearing of the complaint (de novo). In most cases, appeals are confined to a review of the written documentation or record of the original hearing, and pertinent documentation regarding the grounds for appeal.
• An appeal is not an opportunity for an Appeals Officer or committee to substitute their judgment for that of the CSSO or designee, merely because they disagree with her/his finding and/or sanctions.
• Appeals decisions are to be deferential to the original decision, making changes to the findings only where there is clear error and a compelling justification to do so.
• Sanctions imposed are implemented immediately unless the CSSO or designee stays their implementation in extraordinary circumstances, pending the outcome of the appeal.
• The Appeals Officer or committee will render a written decision on the appeal to all parties within seven (7) days of receiving the appeal request. The committee’s decision to deny appeal requests is final.

Additional Process Provisions

• The student may have the opportunity to be advised by a personal advisor of their choice, at their expense, at any stage of the process and to be accompanied by that advisor at any meeting or hearing. An advisor may only consult and advise her/his advisee, but not speak for the advisee at any meeting or hearing. These procedures are entirely administrative in nature and are not considered legal proceedings. The CSSO may remove or dismiss an advisor who becomes disruptive or who does not abide by the restrictions on their participation.
• The student is responsible for presenting his/her own case and, therefore, advisors are not permitted to speak or to participate directly in any hearing, except when the student is under the age of eighteen (18) or incapacitated.
• Student shall have the right to identify documents, witnesses, and other material he/she would like the CSSO or designee to review before making a final decision.
• Any hearing held shall be conducted in private unless all parties agree otherwise.
• A record of the hearing should be maintained by the CSSO or designee.
• Audio and/or Video Recording - the College, at its discretion, may audio or video record any meeting throughout the process. Should a recording exist, the student may request a copy at the end of the process. No other audio or video recording will be allowed.
• If student has a disability and would like to request an accommodation to assist him/her through the discipline process they may do so by informing the CSSO or designee. The CSSO or designee will then work with disability support services to accommodate the request.
• Proceedings under this procedure may be carried out prior to, simultaneously with, or following civil or criminal proceedings off-campus.
• Standard of proof - the College will use the preponderance of evidence standard in the disciplinary proceedings, meaning, the College will determine whether it is more likely than not a conduct code was violated.
• All sanctions imposed by the original decision maker will be in effect during the appeal. A request may be made to the CSSO or designee for special consideration in exigent circumstances, but the presumptive stance of the College is that the sanctions will stand. Graduation, study abroad, internships/externships, clinical placements, extracurricular activities, etc. do not (in and of themselves) constitute exigent circumstances, and students may not be able to participate in those activities during their appeal. In cases where the appeal results in reinstatement to the College or of privileges, all reasonable attempts will be made to restore the student to their prior status, recognizing that some opportunities lost may be irretrievable in the short term.
• The procedural rights afforded to students above may be waived by the student.
• All timelines may be extended as agreed upon by both parties.

Retaliatory Acts

It is a violation of this procedure to engage in retaliatory acts against any employee or student who reports an incident(s) of Code of Conduct violations or any employee or student who testifies, assists, or participates in the discipline proceeding, investigation or hearing relating to such allegation(s) of Code of Conduct violations.

Revising this Procedure

CCCS reserves the right to change any provision or requirement of this procedure at any time and the change shall become effective immediately.

Student Complaint Procedure

Reference
Board Policy 4-31; SP 4-31a

Application
The procedure applies to students within the Colorado Community College System (CCCS).

Basis
This Student Complaint Procedure is intended to allow students an opportunity to present a complaint which they feel warrants action, including the right to secure educational benefits and services.

If the basis of the claim is discrimination and/ or harassment based on federal or state civil rights laws, the student must file a grievance under the Civil Rights Grievance and Investigation Process. If the accused (respondent) is a student, please refer to SP 4-31a. If the respondent is a CCCS employee, please refer to SP 3-50a.

Definitions

Complainant(s) is a person who is subject to alleged inequity as it applies to Board Policies, System President’s Procedures, or College Procedures. For purposes of this procedure, a complainant is student who was enrolled at the time of the alleged incident.

Respondent(s) is a person whose alleged conduct is the subject of a complaint. For purposes of this procedure, a respondent can be a CCCS employee(s), student(s) who was enrolled at the time of the alleged incident, authorized volunteer(s), guest(s), visitor(s), or college.

Grievance: A grievable offense is any alleged action which violates or inequitably applies State Board Policies, System President’s Procedures, and College Procedures. The complainant must be personally affected by such violation or inequitable action.

Non-grievable matters: The following matters are not grievable under this procedure except as noted: matters over which the college is without authority to act; grades and other academic decisions unless there is an allegation that the decision was motivated by discrimination and/or harassment which should be filed under the appropriate Civil Rights Grievance and Investigation Process.

Chief Student Services Officer (CSSO): The college employee designated by the college president to administer student grievances. The CSSO may delegate the responsibility over student grievances to another person.

Notice: Notices which are required to be given by this procedure shall be considered served upon the student when given by personal delivery, mailing by certified mail, or email with receipt notification to the address the student has filed with the College’s admissions and records office. If notice is mailed, student shall be given three (3) additional days to respond.

Day: Refers to calendar day unless otherwise noted below.

Remedy: The relief that the Grievant is requesting.

Filing a Complaint

All complaints shall be made as promptly as possible after the occurrence. A delay in reporting may be reasonable under some circumstances; however, an unreasonable delay in reporting is an appropriate consideration in evaluating the merits of a complaint or report.

Procedures

Students must timely submit all grievances in writing (See Appendix) to the CSSO. The grievance should clearly and concisely describe the alleged incident(s), when and where it occurred, and the desired remedy sought. The grievance should be signed by the initiator or, in the case of an email submission, sent as an email attachment, in letter format and should contain the name and all contact information for the grievant. Any supporting documentation and evidence should be referenced within the body of the formal grievance. Additionally, the initiator of a formal grievance should submit any supporting materials in writing as quickly as is practicable.

The complainant’s supporting documentation should clearly demonstrate all informal efforts, if any, to resolve the issue(s) with the person involved and the person’s supervisor. This includes names, dates and times of attempted or actual contact along with a description of the discussion and the manner of communication made in the course of each effort. If contacting the person involved and/or the supervisor is impracticable, the complainant should state the reasons why.

The CCCS community benefits from informal and formal procedures that encourage prompt resolution of complaints and concerns students may have about the implementation of policies and procedures that govern the institution.

Informal Grievance Process

Complainant is encouraged to resolve the issue with the Respondent through the informal process. The CSSO shall facilitate the informal process. If the informal grievance process is unsuccessful, or if CCCS or the complainant chooses not to pursue the informal process, the CSSO will open a formal grievance case.

Formal Grievance Process

Complainant must timely file a written statement of the actions complained of and describes the remedy s/he is seeking with the CSSO. A matter could also be referred to this process by the College president or his/her designee. Once a written grievance is filed or referred, the CSSO or designee will determine whether or not the situation states a grievable offense. The matter will be closed if the situation is determined not grievable and the Complainant will be notified of the reasons.

If the matter is determined to be grievable, the CSSO will request a meeting (hearing) with both the complainant and respondent. Both parties will be given the opportunity to discuss the allegations of the grievance and may offer any documentation, witnesses, or other materials in support of the complaint. During this hearing, neither party may have a representative, including attorneys or law students. These procedures are entirely administrative in nature and are not considered legal proceedings.

No audio or video recording of any kind other than as required by institutional procedure is permitted.

The CSSO may also contact or request a meeting with relevant college staff, students, or others as part of the investigation.

At the CSSO’s discretion, the CSSO may discontinue meetings with anyone that is causing a disruption to the process or is being uncooperative and will proceed to make a determination based on the information known at that time.

Based on the preponderance of evidence, the CSSO shall issue a decision, in writing, to both the complainant and respondent. The decision shall reject or grant the grievance and make recommendation(s) to resolve the issue(s). The complainant and respondent shall be advised of his/her right to appeal the decision, subject to the grounds below, by filing a written appeal with the CSSO within seven (7) days of service of the Decision.

In the event of an appeal, the CSSO shall give written notice to the other party to allow him/her the opportunity to submit a response in writing. The CSSO will also draft a response memorandum (also shared with all parties). All appeals and responses are then forwarded to the appeals officer or committee for initial review to determine if the appeal meets the limited grounds and is timely. The original finding will stand if the appeal is not timely or substantively eligible, and the decision is final. If the appeal has standing, the documentation is forwarded for consideration. The party requesting appeal must show error as the original finding is presumed to have been decided reasonably and appropriately. The ONLY grounds for appeal are as follows:

1. A procedural or substantive error occurred that significantly impacted the outcome of the hearing (e.g., substantiated bias, material deviation from established procedures); or
2. To consider new evidence, unavailable during the original hearing or investigation, that could substantially impact the original finding. A summary of this new evidence and its potential impact must be included in the written appeal.

If the appeals officer or committee determines that new evidence should be considered, it will return the complaint to the CSSO to reconsider in light of the new evidence, only.

If the appeals officer or committee determines that a material procedural or substantive error occurred, it may return the complaint to the CSSO with instructions to reconvene the hearing to cure the error. In rare cases, where the procedural or substantive error cannot be cured by the CSSO in cases of bias, the appeals officer or committee may order a new hearing be held by a different individual acting in the place of the designated CSSO. The results of a reconvened hearing cannot be appealed. The results of a new hearing can be appealed, once, on the two applicable grounds for appeals.

Special Grievance Process Provisions

• In the event that the student is under the age of eighteen or incapacitated, s/he may have an advisor present to assist him/her in presenting his/her case.
• Students do not have the right to be represented by an attorney or law student during these proceedings except in the case where civil or criminal actions concerning the student are pending and in that case the attorney’s role shall be advisory only.
• The student is responsible for presenting his/her own case and, therefore, advisors are not permitted to speak or to participate directly in any hearing except when the student is under the age of eighteen or incapacitated.
• Student shall have the right to identify documents, witnesses and other material he/she would like the CSSO to review before making a final decision.
• Any hearing held shall be conducted in private unless all parties agree otherwise.
• A record of the hearing should be maintained by the CSSO.
• If student has a disability and would like to request an accommodation to assist him/her through the grievance process they may do so by informing the CSSO. The CSSO will then work with disability support services to accommodate the request.
• If the grievance is against the CSSO, the Vice President for Instructional Services or other person designated by the president shall perform the duties of the CSSO.
• Jurisdiction-College grievance proceedings may be instituted over incidences that occur or are related to College or college-sanctioned activities or was of such a nature to impact upon the college.
• Proceedings under this procedure may be carried out prior to, simultaneously with, or following civil or criminal proceedings off-campus.
• Standard of proof-the college will use the preponderance of evidence standard in the grievance proceedings, meaning, the college will determine whether it is more likely than not the complainant was subjected to inequity as it applies to Board Policies, System President’s Procedures, or College procedures.
• The procedural rights afforded to students above may be waived by the student.

Retaliatory Acts

It is a violation of the grievance procedure to engage in retaliatory acts against any employee or student who files a grievance or any employee or student who testifies, assists or participates in the grievance proceeding, investigation or hearing relating to such grievance.

Revising this Procedure

CCCS reserves the right to change any provision or requirement of this procedure at any time and the change shall become effective immediately.

For information about the student grievance process, contact the Dean of Students office, 719-502-2367.

Civil Rights and Sexual Misconduct Resolution Process

Reference

Board Policy (BP) 19-60; System Procedure (SP) 19-60a

Application

This procedure applies all students, employees, authorized volunteers, guests, and visitors of the Community Colleges within CCCS. Allegations that an individual has engaged in any discriminatory, harassing, and/or retaliatory behavior, including Sexual Misconduct, after the effective date of this procedure will be resolved under this procedure.

Basis

BP 19-60 provides that individuals affiliated with PPSC shall not discriminate or harass on the basis of sex, gender, race, color, age, creed, national or ethnic origin, ancestry, physical or mental disability, familial status, veteran or military status, pregnancy status, religion, genetic information, gender identity, sexual orientation, or any other protected class or category under applicable local, state or federal law (also known as “civil rights laws”), in connection with employment practices or educational programs and activities (including in admissions). BP 19-60 further provides that individuals affiliated with PPSC shall not retaliate against any person who opposes discrimination, harassment, or retaliation, or participates in any complaint or investigation process.

Filing a Complaint

Any person who believes they have been subjected to a civil rights violation should follow this procedure to report their concerns. Concerned persons who have witnessed a civil rights violation may also report their concerns to PPSC To report a concern

• Contact PPSC’s Title IX/EO Coordinator, or
• Fill out PPSC’s online report form at https://cm.maxient.com/reportingform.php?PikesPeakCC&layout_id=2

PPSC employees, unless deemed a confidential resource by law, have an ethical obligation to promptly report any incidents they are aware of concerning civil rights violations. Reports should be made within 24 hours unless there is reasonable justification for delay.

Upon receipt of any complaint, the Title IX/EO Coordinator will follow SP 19-60a to review the complaint.

Confidentiality

Any person who reports concerns of civil rights violations should not assume that confidentiality or anonymity can be protected in connection with making a report to PPSC employees. Confidential resources may be found at https://www.pikespeak.edu/administration-operations/human-resource-services/civil-rights-sexual-misconduct/confidential-resources.php

If a reported incident is confirmed to pose a substantial threat of bodily harm or danger to members of the campus community, CCCS must issue immediate emergency notifications and/or timely warnings. CCCS will make every effort to ensure that a Complainant’s name and other identifying information is not disclosed, while still providing adequate information for community members to make safety decisions in light of the danger.

Preliminary Steps and Timeline

Upon receipt of a complaint, the Title IX/EO Coordinator will review the complaint to determine:

• Whether the complainant is participating or attempting to participate in a CCCS program or activity;
• Whether there is an identifiable respondent;
• Whether the Respondent is participating in CCCS educational programs or activities, or is employed by CCCS;
• Whether there is jurisdiction over the alleged conduct; and
• Whether the complaint alleges sufficient information, if proven, to support that a civil rights violation has occurred (reasonable cause).

If the Title IX/EO Coordinator is unable to make this determination in reviewing the complaint alone, the Title IX/EO Coordinator may, at their discretion, reach out to the Complainant or others, as relevant, for clarification and/or additional information. This preliminary review process will typically be completed within 7-14 days of receiving the information necessary to evaluate the complaint.

If, after reviewing the above factors, the Title IX/EO Coordinator determines not to proceed with the complaint, the Title IX/EO Coordinator will dismiss the complaint and inform the Complainant of this decision and discuss other options for addressing the reported concerns. If  the Title IX/EO Coordinator determines to proceed with the  the Complainant wishes to proceed, the Title IX/EO Coordinator will initiate an informal resolution or a formal investigation. If the Complainant does not wish to proceed, the Title IX/EO Coordinator will give consideration to the Complainant’s preference, but reserves the right, when necessary to protect the PPSC community, to initiate an informal resolution or formal investigation of the complaint. The Title IX/EO Coordinator also reserves the right to initiate an investigation and resolve a complaint without a participating or identifiable Complainant.

Interim Actions

The Title IX/EO Coordinator may implement interim actions, including Supportive Measures, intended to protect the safety and security of the campus community, address the effects of the reported behavior, and prevent further violations, while the complaint is under review or investigation. These remedies may include, but are not limited to

• placing an employee on administrative leave;
• interim actions outlined in the SP 4-30 Student Disciplinary Procedure;
• campus bans/emergency removals; referral to counseling and health services or to the Colorado State Employee Assistance Program (CSEAP);
• education to the community;
• altering work arrangements;
• providing campus escorts;
• implementing contact limitations between the parties (e.g., no contact orders);
• offering adjustments to academic deadlines or course schedules; and/or
• suspending privileges such as attendance at College activities or participation in College-sponsored organizations.

Any campus ban/emergency removal will be implemented only after a determination that the person poses an immediate threat to the physical health or safety of another. Following the completion of the investigation or resolution process, interim actions may be continued or made permanent as deemed necessary.

Rights of Involved Parties

Throughout the civil rights and sexual misconduct resolution process, Complainants and Respondents shall be entitled to the following:

• To be treated with respect by CCCS employees.
• To take advantage of Supportive Measures and other resources, such as counseling, psychological services, and health services.
• To experience a safe educational, living, and work environment.
• To have an advisor of their choice present at any meeting.
• To have access to a Title IX/EO Coordinator, investigator(s), hearing officers/decision-maker(s) for Title IX cases, and/or other individuals assisting with the resolution process who do not have a conflict of interest or bias for or against either party.
• To receive amnesty for minor student misconduct (such as alcohol or drug violations) that is ancillary to the incident.
• To be free from retaliation.
• To be informed of the outcome/resolution of the complaint, and the sanctions and rationale for the outcome where permissible.
• To have assistance in contacting law enforcement, if desired.
• To request housing, employment, and/or educational modifications, as deemed appropriate and reasonable.
• To request no further contact with the opposite party, as deemed appropriate, allowable, and reasonable.

Informal Resolution

The Title IX/EO Coordinator, in consultation with the parties, may determine that an informal resolution is appropriate to resolve the reported concerns. The primary focus during an informal resolution remains the welfare of the parties and the safety of the PPSC community, but it does not involve a written investigation report or an opportunity to appeal. An informal resolution may include but is not limited to:

• The provision of interim or long-term remedial measures;
• Referral to other resolution processes;
• Training or educational programming for the parties;
• The Title IX/EO Coordinator or a designee serving as a facilitator to discuss the reported concerns with the Complainant and Respondent (either separately or together) and to identify possible resolutions and/or appropriate future conduct; and/or
• Referral to a Disciplinary Authority to further address the reported behavior, as deemed appropriate.

Notice of the allegations and specific Informal Resolution process will be provided to both parties.

At any time during the informal resolution process, the Title IX/EO Coordinator may elect to initiate a formal investigation as deemed appropriate to resolve the matter. The parties can elect to cease the informal resolution process at any time before it concludes and proceed with a formal investigation. The informal resolution process is not available in Sexual Harassment cases involving a student Complainant and an employee Respondent.

Formal Investigation

If a formal investigation is initiated, the Title IX/EO Coordinator shall provide written notice (Notice of Investigation) to the Complainant and Respondent notifying them of the investigation and will assign one or more impartial investigators to conduct an investigation into the complaint. The investigator may be the Title IX/EO Coordinator. The investigation will include an objective evaluation of all relevant evidence, both inculpatory (incriminating or tending to show responsibility for a violation) and exculpatory (exonerating or tending to negate responsibility for a violation). The parties will be provided with sufficient details of the allegations (such as identity of parties, nature of the conduct, and date/location of the incident, if known). All parties and other witnesses or participants in the investigation process will be provided written notice of the date, time, location, participants, and purpose of any interview or meeting with sufficient time to prepare to participate.

If a matter involves sex-based harassment with a student as a party, special procedures shall apply. For all other civil rights cases, the investigator shall review the investigation file and make a determination as to whether or not, based on a preponderance of the evidence, the alleged behavior took place and whether that behavior constitutes a civil rights violation. In reaching this determination, the investigator must consider all relevant evidence, except for any privileged information (unless waived) or treatment records (unless specific, written consent is obtained). Evidence of the Complainant’s prior sexual predisposition or behavior is not relevant, except to prove that someone other than the Respondent committed the alleged conduct or to prove consent concerning prior specific acts between the parties. The investigator shall issue a Final Investigation Report.

Preliminary Investigation Report

Following the fact-gathering stage of the formal investigation, the investigator(s) shall issue a Preliminary Investigation Report to the Complainant and Respondent (and their advisors, if applicable) for review. The Preliminary Investigation Report will include relevant facts as gathered by the investigators. At this stage, parties may review upon request all evidence collected as part of the investigation, whether or not it will be relied upon in reaching a determination. The Complainant and the Respondent will have five (5) calendar days to review and respond to the Preliminary Investigation Report with any changes, clarifications, or questions.

Special Procedures for Sex-Based Harassment Involving a Student Party:

Upon issuance of the preliminary investigation report, the parties will be given an opportunity to submit questions to the investigator to be asked to the parties and witnesses. The investigator will determine whether proposed questions are relevant and not otherwise impermissible. The investigator must explain any decision to exclude a question and provide the party with an opportunity to clarify or revise a question that is initially deemed impermissible because it is unclear or harassing.

Questions deemed relevant and not otherwise impermissible by the investigator must be asked during follow up meetings, along with any additional question from the investigator. The follow up meetings will be recorded or transcribed, and the cording or transcription will be provided to the parties. The parties will have five (5) calendar days to review and submit additional follow up questions to the investigator. If additional relevant and not otherwise impermissible questions are submitted, the investigator will conduct additional follow up meetings to ask the questions, and record or transcribe the meetings and make them available to the parties. The investigator has the discretion to conduct additional meetings, as necessary, or proceed to the determination process.

The follow up questioning stage of the process is usually completed within 20-30 days.

The Title IX/EO Coordinator will assemble a panel, including the investigator, to review the investigation file and make a determination as to whether or not, based on a preponderance of the evidence, the alleged behavior took place and whether that behavior constitutes sex-based harassment. In reaching this determination, the panel must consider all relevant evidence, except for any privileged information (unless waived) or treatment records (unless specific, written consent is obtained). Evidence of the Complainant’s prior sexual predisposition or behavior is not relevant, except to prove that someone other than the Respondent committed the alleged conduct or to prove consent concerning prior specific acts between the parties. The panel has the discretion to ask any additional questions of parties and witnesses, including questions regarding credibility. The panel shall issue a Final Investigation Report, typically within 14 days of the determination.

Final Investigation Report

The Final Investigation Report in all civil rights cases shall include a description of the allegations, information about the policies and procedures used to evaluate the allegations, evaluation of the relevant and permissible evidence, findings of fact supporting the determination, conclusions regarding violation of applicable policies with supporting rationale, any disciplinary steps or remedial measures imposed, and the parties’ appeal rights.

Notice of Findings

Once a Determination Report is received the Title IX/EO Coordinator shall provide written notice (Notice of Findings) simultaneously to the Complainant and Respondent (and their advisors, if applicable) notifying them of the findings. A copy of the Final Investigation Report shall be attached to the Notice of Findings. The Complainant and Respondent shall be advised of their right to appeal, subject to the grounds below, by filing a written appeal with the Title IX/EO Coordinator within five (5) calendar days of service of the decision. The Complainant and Respondent shall be advised of their right to appeal, subject to the grounds below, by filing a written appeal with the Title IX/EO Coordinator within ten (10) calendar days of service of the decision.

Appeals for Formal Investigations

In the event of an appeal, the Title IX/EO Coordinator shall perform an initial review to determine if the appeal meets the limited grounds listed below and is timely (filed within ten (5) calendar days, as noted above). If the appeal is found to meet these criteria, the Title IX/EO Coordinator shall forward the appeal to a designated appellate officer, who shall give written notice to the opposing party and provide a suitable time frame for the opposing party to submit a written response to the appeal. The appeal and any responses shall be reviewed by the appellate officer. The party requesting an appeal must show error, as the original finding is presumed to have been decided reasonably and appropriately.

The only grounds for appeal are as follows:

1. A procedural irregularity occurred that would change the outcome.The written appeal shall specify the procedural error and how it impacted the outcome of the decision. 
2. The Title IX/EO Coordinator, investigator, or decision-maker had a conflict of interest or bias for or against a party that would change the outcome. The written appeal shall specify the conflict or bias and how it impacted the outcome of the decision.
3. New evidence became available that would change the outcome and that was not reasonably available at the time the decision was made.  Any new evidence and its impact must be included in the written appeal.  .

If the appellate officer determines a procedural error occurred that significantly impacted the outcome of the decision, the appellate officer shall return the complaint to the Title IX/EO Coordinator with instructions to convene a new investigation or the appellate officer shall otherwise cure the procedural error, conflict of interest, or bias.

If the appellate officer determines there is new evidence that substantially impacts the original findings, the appellate officer shall conduct or request appropriate additional steps (such as requesting additional investigation by the investigators) and/or modify the findings accordingly.

Written notice of the outcome of the appeal shall be provided simultaneously to the parties.

The appeal process typically takes 14-21 days.

Sanctions

Once the appeal process has been exhausted, if the Respondent is found not in violation of policies or procedures outlined herein, the complaint shall be closed with no further disciplinary action. If additional concerns, outside the scope of this procedure, are identified during the course of the investigation, the findings may be shared with appropriate administrative personnel to further address, as deemed appropriate.

If the Respondent is found in violation of policies or procedures outlined herein, the findings shall be provided to the Disciplinary Authority to proceed in accordance with applicable policies:

• For faculty, disciplinary action will be in compliance with BP 3-20, Due Process for Faculty: https://cccs.edu/about/governance/policies-procedures/bp-3-20-due-process-for-faculty/.
• For classified employees, disciplinary action will be taken pursuant to the applicable State Personnel Rules and Regulations: https://www.colorado.gov/spb.
• For students, disciplinary action will be taken pursuant to BP 4-30 and SP 4-30a, Student Discipline: https://cccs.edu/about/governance/policies-procedures/sp-4-30a-student-behavioral-expectations-and-responsibilities-resolution-procedure/.
• Instructors and Administrative, Professional-Technical (APT) employees are at-will under BP 3-10, and may not be subject to additional procedures when issuing sanctions: https://www.cccs.edu/about/governance/policies-procedures/bp-3-10- administration-of-personnel/.

Disciplinary Authorities may consider a number of factors when determining a sanction. These factors may include, but are not limited to, the following:

• The nature, severity of, and circumstances surrounding the violation;
• An individual’s disciplinary history;
• Previous complaints or allegations involving similar conduct; and/or
• Any other information deemed relevant by the Disciplinary Authority.

The following sanctions may be imposed:

• For students: warning, probation, fines, restitution, denial of privileges, assignment to perform services for the benefit of the PPSC community, re-assignment to another class section (including the option for an online section), suspension, expulsion, a “Cease Communications” directive, or a “No Trespass” directive.
• For PPSC employees: warning, corrective action, probation, restitution, denial of privileges, suspension, demotion, reduction of pay, termination of employment, a “Cease Communications” directive, or a “No Trespass” directive.
• For authorized volunteers, guests, or visitors: warning, probation, denial of privileges, removal from PPSC property, a “Cease Communications” directive, or a “No Trespass” directive. In addition to sanctions, other action may be taken as deemed appropriate to bring an end to the violation, to prevent future reoccurrence, and to remedy the effects of the violation.

Student Privacy

The outcome of a PPSC investigation is an educational record of a student Respondent and is subject to privacy protections under the federal Family Educational Rights and Privacy Act (FERPA), however PPSC observes the legal requirements to disclose the records detailed in SP 19-60.

Outside Reporting

In addition to reporting to PPSC, any person has the right to file a police report. Complainants requiring assistance with this should contact the Title IX/EO Coordinator.

Student Complainants also have the right to make inquiries and/or file a complaint with:

Office for Civil Rights (OCR)

U.S. Department of Education

Cesar E. Chavez Memorial Building

1244 Speer Boulevard, Suite 310

Denver, CO 80204-3582

Telephone: (303) 844-5695

Facsimile: (303) 844-4303

Email: OCR.Denver@ed.gov

Web: http://www.ed.gov/ocr

Employee Complainants also have the right to make inquiries and/or file a complaint with: Colorado Department of Regulatory Agencies (DORA)

Colorado Civil Rights Division (CCRD)

1560 Broadway Suite 825 Denver, CO 80202

Telephone: (303) 894-2997

Facsimile: (303) 894-7570

Email: dora_CCRD@state.co.us

Web: www.colorado.gov/pacific/dora/civil-rights

Or

United States Equal Employment Opportunity Commission (EEOC)

303 E. 17th Avenue Suite 410 Denver, CO 80203

Telephone: (800) 669-4000

Facsimile: (303) 866-1085

Web: www.eeoc.gov/field-office/denver/location

Academic Honesty

Students are expected to conduct themselves according to the highest standards of honesty in the classroom, shop, studios, laboratory, or any other instructional space. Failure to do so is grounds for disciplinary action, including suspension or expulsion from Pikes Peak State College.

Academic honesty is a fundamental value of higher education. It means that you respect the right of other individuals to express their views and do not plagiarize, cheat, falsify, or illegally access college records or academic work. You are expected to read, understand, and follow the Code of Student Behavorial Expectations and Responsibilities (Code).

Academic dishonesty is defined as the unauthorized use of assistance with the intent to deceive a faculty member or another person assigned to evaluate work submitted to meet course and program requirements. Examples of academic dishonesty include but are not limited to the following:

• the submission, in whole or part, of material prepared by another person and represented as one’s own
• plagiarism, which is defined as the act of taking the writings, ideas, etc., of another person and passing them off as one’s own
• the use of electronic data sources (including the internet, phone texting, computer instant messaging, smart devices such as the smartwatch or any form of artificial intelligence) for any written or spoken graded content is strictly prohibited unless explicitly permitted in writing by the instructor. Students must demonstrate knowledge, understanding, independence, and integrity in their academic work
• the unauthorized use of notes, books, or other materials; the deliberate, unacknowledged reference to the work of another student; or the soliciting of assistance from another person during an examination, unless directed by the instructor
• illegitimate possession and distribution of test materials or answer keys
• unauthorized alteration, forgery, or falsification of official academic records

Classroom Attendance Procedure

Individuals not enrolled in a class are not permitted to sit in the classroom while the class is in session. Faculty members are encouraged to take attendance and anyone not on the class list will be asked to leave the classroom. The only exception to this procedure is for specially trained interpreters necessary for hearing impared students.

Conduct in College Buildings

By Colorado Executive Order, smoking tobacco products is not permitted in any College facility. Smoking tobacco products includes the use of cigars, cigarettes, and electronic smoking devises (i.e., e-cigarettes).

Eating or drinking is not permitted in classrooms, laboratories, shops, the theatre, and the gymnasium, except when permission is granted by the person immediately responsible for supervision of the affected area.

Animals, except when needed for instruction or by disabled persons, are not allowed in any College building. Animals on the College grounds must be on a leash.

Leaving children unattended or unsupervised in campus buildings or on campus grounds can constitute child abuse or child neglect (as outlined in the Colorado Child Protection Act of 1975). Children are not permitted in classrooms during class meeting times.

The College may require students to pay replacement or repair costs for College equipment lost, broken, or damaged through carelessness, negligence, or misconduct.

Restricted Attendance

Faculty may suspend students from one class period if their conduct is obstructive, disruptive, or unacceptable in an instructional setting. Students may return to class after the faculty member has identified the conditions to allow continued attendance. If students return and these conditions are violated, the appropriate executive dean will review the circumstances and provide information to the Dean of Students. This information shall state the appropriate administrative action, which may include continued attendance or permanent dismissal from the class as outlined in SP 4-30a Student Behavioral Expectations and Responsibilities Resolution Procedure.

Alcohol and Drug Policies

General

In compliance with the Drug-Free Schools and Communities Act Amendment of 1989 (Public Law 101-226), students, staff, or faculty shall not engage in the unauthorized or unlawful manufacture, distribution, dispensation, possession, use/abuse of alcohol and/or illicit drugs of any kind or any amount on college property or as part of any college activity. This prohibition applies even if the Colorado Department of Public Health and Environment (CDPHE) has issued a Medical Marijuana Registry identification card to an individual, permitting that individual to possess a limited amount of marijuana for medicinal purposes. Those with medical marijuana cards are not permitted to use medical marijuana on campus. These prohibitions cover any individual’s actions which are part of any college activities including those occurring while on college property or in the conduct of college business away from the campus.

Any student, staff, or faculty member who is convicted of the unlawful manufacture, distribution, dispensation, possession, use, or abuse of illicit drugs or alcohol is subject to criminal penalties under local, state, or federal law. These penalties range in severity from a fine of $100 up to $8,000,000 and/or life imprisonment. The exact penalty assessed depends upon the nature and the severity of the individual offense.

The college will impose penalties against students who violate the Drug-Free Schools and Communities Act Amendments of 1989 (Public Law 101-226). Violators will be subject to disciplinary action under student disciplinary policies. The sanctions include but are not limited to probation, suspension, or expulsion from the college, termination of employment, and referral to authorities for prosecution, as appropriate.

Compliance with drug and alcohol policies is a condition of employment for all PPSC employees. Employees may be subject to corrective and/or disciplinary action as per State Personnel Rules and Regulations, up to and including termination. The Executive Director of Human Resource Services sends a campus-wide E-memo each year to inform staff of the college’s policy on alcohol and other drugs.

For further information, contact the Human Resource Services Office or the Campus Life Office at the Centennial Campus.

Laws and Statutes

Federal and state laws govern the use and possession of controlled substances.

PPSC 2015 Annual Security Report 50

Excerpts from Colorado Revised Statue (CRS) 18-18-405:

Except as specifically authorized under Colorado law, it is unlawful for any person knowingly to manufacture, dispense, sell, or distribute, or to possess with intent to manufacture, dispense, sell, or distribute, a controlled substance; or induce, attempt to induce, or conspire with one or more other persons, to manufacture, dispense, sell, distribute, or possess with intent to manufacture, dispense, sell, or distribute, a controlled substance; or possess one or more chemicals or supplies or equipment with intent to manufacture a controlled substance.

Except as is otherwise provided for offenses concerning marijuana and marijuana concentrate in and for offenses involving minors, any person who violates the foregoing prohibition commits a Felony Offense.

All drug possession charges and penalties are classified by Schedule, except for Marijuana possession.

Substance/Drug Charge Potential Sentence for Possession:

• Schedule I or II, 1st offense Class 3 Felony 4-12 years in prison and fines of $3,000-$750,000
• Schedule III, 1st offense Class 4 felony 2-6 years in prison and fines of $2,000-$500,000
• Schedule IV, 1st offense Class 5 felony 1-3 years in prison and fines of $1,000-$100,000
• Schedule V, 1st offense Class 1 misdemeanor 6-18 months in jail and fines of $500-$5,000

Alcohol

Pikes Peak State College does not allow the sale of alcohol on any of its campuses. However, the Substance Abuse Procedure for Employees permits the use of alcohol on campus when approved by the President prior to a function. In that event, if alcohol is served, non-alcoholic beverages must also be made available.

PPSC 2015 Annual Security Report 51

Additionally, all students and faculty traveling as a part of a college course or student group sign waivers that state, in part:

Student: “I further understand that I am expected to adhere to the Standards of Conduct and to all policies and procedures of Pikes Peak State College. Actions such as, but not limited to, sexual harassment, sexual misconduct, dishonesty, forgery, disorderly conduct, indecent or obscene conduct, gambling, infringement upon the rights of others, possession, distribution or consumption of alcohol or illegal drugs and unauthorized use of prescription drugs are prohibited by the Standards of Conduct.”

Faculty/Advisor: “I also recognize that this is a college sponsored program/activity and I agree to abide by all college policies, as well as State and Federal laws on the course/program/activity. This includes omitting the use of alcohol and illicit drugs, and not bringing or using any weapons.”

Copies of the complete Student/Participant Waiver Form and the Faculty/Advisor Waiver of Rights, Assumption of Risks, and Release of Liability Agreement are included in Appendix C.

Other Drugs

The sale, manufacture, distribution, use, and/or possession of illegal drugs are prohibited.

Although possession and use of marijuana consistent with the requirements of the Colorado Constitution is no longer a crime in the State of Colorado, the possession and use of marijuana remains illegal under federal law. Consistent with federal law, including the Controlled Substances Act and the Drug Free Schools and Communities Act, the use and/or possession of marijuana continues to be prohibited while a student is on college owned or college-controlled property, and/or any function authorized or supervised by the college and/or in state owned or leased vehicles.

This prohibition applies even if the Colorado Department of Public Health and Environment (CDPHE) has issued a Medical Marijuana Registry identification card to an individual, permitting that individual to possess a limited amount of marijuana for medicinal purposes. Those with medical marijuana cards are not permitted to use medical marijuana on campus.

Smoking on College Grounds

Pikes Peak State College campuses must be open and accessible to the general public to fulfill the role and mission of the College. To promote a healthy environment for the College community, and to comply with Colorado Governor’s Executive Order D0036 90, smoking is prohibited in all PPSC buildings and facilities.

“Smoking,” as used in this policy, includes, but is not limited to:

• Smoking tobacco products such as cigars, cigarettes, and pipes;
• Cloves, bidis, kreteks, and other herbal cigarettes;
• Electronic smoking devices (e-cigarettes or vapor cigarettes);
• Marijuana, marijuana products, and hashish; and
• Illegal drugs (e.g., cocaine, heroin, opium, methamphetamine).

Smoking of tobacco products and the use of electronic smoking devices is allowed only in designated smoking areas at the Centennial, Rampart Range, and the Downtown campuses.

High school students (Career Start and CE), regardless of age, who attend the College are prohibited from smoking while on PPSC property.

Military sites will comply with all rules and regulations for those installations.

Smoking marijuana products is prohibited on all PPSC campuses. Although possession and use of marijuana consistent with the requirements of the Colorado Constitution is no longer a crime in the State of Colorado, the possession and use of marijuana remains illegal under federal law. Consistent with federal law, including the Controlled Substances Act and the Drug Free Schools and Communities Act, the use and/or possession of marijuana continues to be prohibited on college-owned or college-controlled property, and/or any function authorized or supervised by the college and/or in state owned or leased vehicles.

Designated Smoking Areas

Smoking is permitted in designated smoking areas only at Centennial, Rampart Range, and the Downtown Campuses.

Smoking is not permitted in any campus courtyard, at the Centennial Campus bus stop, or while walking to and from parking lots, bus stops, and buildings at all campuses.

Smoking materials must be discarded in designated receptacles.

Violations of College smoking policies may result in a citation and/or fine, as well as student or employee disciplinary action.

Centennial Campus Designated Smoking Areas

• On the service drive, southwest corner
• On the service drive, southeast corner
• At the northwest entrance off of A lot

Rampart Campus Designated Smoking Area

• Northeast corner at the old bus stop

Downtown Campus Designated Smoking Area

• West side near the ramp exit/entrance

Title IX Protections Against Harassment

Pikes Peak State College is firmly committed to maintaining a work and learning environment where students, faculty, and staff are treated with dignity and respect. In any education program or activity it operates, PPSC prohibits discrimination against students on the basis of sex, sexual orientation, gender identity or expression, marital status, or pregnancy and related conditions, as required by Title IX and its regulations. As such, all members of the College community have the responsibility to be aware of what behaviors constitute a violation, to be responsible for their own actions, and to help create an environment free of harm.

The College prohibits the following acts:

• Harassment: a form of discrimination that involves unwelcome physical or verbal conduct or any communication directed at an individual or group because of their membership or perceived membership in a protected class
• Hostile Environment: when a person is subjected to harassment that unreasonably interferes with an employee’s work performance, denies or limits any person’s ability to participate in or benefit from an education program or activity, or creates an intimidating, hostile, or offensive working or educational environment.
• Quid Pro-Quo: a type of harassment that exists when submission to the harassing conduct is explicitly or implicitly made a term or condition of employment or education, or when submission to or objection to the harassing conduct is used as a basis for employment or educational decisions.
• Sexual Assault: an offense classified as a forcible or nonforcible sex offense that includes rape, fondling, incest, and statutory rape.
• Domestic Violence: any act or threatened act of violence upon a person with whom the actor is or has been involved in an intimate relationship.
• Dating Violence: violence committed by a person who is or has been in a social relationship of a romantic or intimate nature with the victim.
• 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.

The College has designated Kim Hennessy, Executive Director of Human Resource Services as its Title IX Coordinator.  Inquiries and/or complaints regarding Title IX may be made by e-mail, Kim.Hennessy@PikesPeak.edu, or by calling (719) 502-2600.  For more information on reporting, visit https://www.pikespeak.edu/administration-operations/human-resource-services/civil-rights-sexual-misconduct/

Accommodations for Student Pregnancy or Related Conditions

 Students and employees can inquire about or request reasonable modifications for pregnancy or related conditions by contacting the Title IX/EO Coordinator. Reasonable modifications may include, but are not limited to:

• Breaks during class to express breast milk, breastfeed, or attend to health needs associated with pregnancy or related conditions, including eating, drinking, or using the restroom
• Intermittent absences to attend medical appointments
• Access to online or homebound education
• Changes in schedule or course sequence
• Extensions of time for coursework and rescheduling of tests and examinations
• Allowing a student to sit or stand or carry or keep water nearby.
• Counseling
• Changes in physical space or supplies (for example, access to a larger desk or a footrest)
• Elevator access
• Other changes to policies, practices, or procedures

For more information about the college’s policy regarding pregnancy or related conditions, please visit pikespeak.edu/student-pregnancy or contact the Title IX/EO Coordinator.

Firearms on Campus

State Board Policy states that no person may have on his or her person any unauthorized firearm, ammunition, explosive device, or illegal weapon on campus or any facility used by a college. Persons authorized to carry firearms and other equipment defined in the policy are:

• those persons conducting and participating in an approved program of instruction in the college’s curriculum which requires access to such equipment as an integral part of the instructional program;
• certified peace officers;
• those persons who have been issued a valid permit to carry a concealed handgun in accordance with Colorado’s Concealed Carry Act, C.R.S. § 18-12-201, et seq. and who are acting in compliance with the requirements of that Act; and
• those persons granted permission at the discretion of the college president for specific purposes from time to time.

Concealed Handgun Permit holders exercising their rights pursuant to Item #3 above are responsible for preventing the casual or inadvertent display of their handgun.

It shall not be an offense if the weapon remains inside a locked motor vehicle upon the real estate owned by the State Board for Community Colleges and Occupational Education.

In accordance with Colorado Statute CRS 18-12-214(3), under no circumstances may a person other than a certified peace officer carry a firearm or other equipment defined in Board Policy onto the real property, or into any improvements erected thereon, of a public elementary, middle, junior high, or high school. This provision applies to The Classical Academy (TCA) facility, which is located on PPSC’s Rampart Range Campus and owned by School District 20.

In accordance with Colorado Statute CRS 18-12-214(3)(a), a concealed weapon permittee may have a handgun on the real property of the public school so long as the handgun remains in his or her vehicle and, if the permittee is not in the vehicle, the handgun is in a compartment within the vehicle and the vehicle is locked.

Violations of the college firearms policy may result in criminal prosecution. Questions should be directed to the Department of Campus Police.

Parking and Traffic Regulations

The Pikes Peak State College Centennial Campus and Rampart Range Campus will provide open parking in all general lots, supported by a student fee paid at registration.

Centennial Campus: Parking is available in lots C, D, and E. Motorcycles may be parked in the designated marked areas in lots C, D, and E.

Free Visitor and Future Student Parking is available in lots C, D, and E lots.

Rampart Range Campus: Parking is available in lots 1, 2, 3, 4, and 5. Motorcycles may be parked in the designated area in lot 2.

Downtown Campus: Students may park in the Antlers garage for free, but a parking pass/hang tag is required. Students are not permitted to park in the parking lots on or near the campus. Parking passes may be obtained for free at the Downtown Campus Student Life in Room S234. Student, staff, or faculty identification is required. Students must also show a copy of their class schedule (digitally or printed).

Speed Limits: Speed limits on campus are 15-25 m.p.h. on Perimeter Road and Rampart Road unless otherwise posted, and 10 m.p.h. in the parking lots. Pedestrians always have the right of way. For the safety of all, DO NOT park in service drives, crosswalks, or roadways. Violators may be ticketed.

Accessible Parking: Only vehicles identified as belonging to persons with disabilities and displaying state issued handicapped placards/license plates may park in the ADA designated parking areas.

Special Wheelchair Only: These spaces are reserved for use by those persons who use wheelchairs. Parking spaces are marked for “Wheelchair Only.”

Centennial Campus: The accessible parking areas are in the North Lot with additional spaces available behind the Child Development Center.

Rampart Range Campus: The accessible parking areas are in lots 1, 2, and 3 with additional spaces available by the T Building.

Downtown Campus: The accessible parking area is in the faculty lot between the PDO-N and PDO-S buildings. Additional metered spaces are available in front of the PDO-S building.

Center for Healthcare Education and Simulation (CHES): Accessible parking spaces are available on either side of the main entrance.

Mopeds and Bicycles: Parking for these vehicles is available at the Centennial Campus outside the main entrance to A Building by A-262, and at Rampart Range Campus outside the main entrance. Bicycles or mopeds locked or parked in hazardous locations will have the lock or chain cut, and the vehicle will be impounded by the Campus Police Department for safekeeping.

Overnight Parking: Overnight parking is prohibited at any Pikes Peak State College campus without prior written authorization from the Campus Police Department. Vehicles left overnight are subject to the Colorado Revised Statute abandoned vehicle law, C.R.S. 42-4-1803. Vehicles abandoned for 48 hours or more are subject to towing at the owner’s expense. Vehicles left overnight may also be towed at the owner’s expense prior to the 48-hour period if they pose a hazard or interfere with the operations of the college or any event scheduled on college property.

Accidents: Colorado law requires all accidents be reported to the proper authorities immediately. Pikes Peak State College campuses are State property, not private property. All accidents occurring on PPSC Campuses are subject to state law and must be reported to the Campus Police Department at 719-502-2911. Failure to report a traffic accident occurring on campus can result in criminal charges as per C.R.S. 42-4-1601 through 42-4-1606.

Traffic and Parking Violations: The Campus Police Department will issue citations which may include fines and/or vehicle impoundment for both parking and moving violations occurring on College property. Summons and Penalty Assessments must be answered in El Paso County Court. College citations for parking violations will result in a fine which must be paid to the College cashier in A-110 at Centennial Campus or S-102 at Rampart Range Campus, 8:00 a.m. to 5:00 p.m., Monday-Friday. The registered owner of the vehicle or identified user of the vehicle shall be held liable for all violations.

Campus Citation Appeal: If a person wishes to appeal a campus citation, he or she must submit a statement in writing before the tenth working day from the date of the citation. An appeal form is available in room A-100 at Centennial Campus, in room N-106 at Rampart Range Campus, and online at: www.pikespeak.edu/administration-operations/campus-police/forms.php.

A Police Sergeant will review the first appeal and have it mailed back to the appropriate person. If the appeal has been denied, a second appeal may be filed with the Chief of Police or his designee. The decision of the Chief of Police or his designee is final.

Enforcement Authority: By Colorado Revised Statutes 23-5-107. Authority of Governing Boards, Parking.

Safety Escort Service: Upon request, PPSC Campus Police officers will provide safety escorts between campus buildings and parking lots, including between the Downtown Campus and the Antlers parking garage, during the open building hours. Anyone who wishes an escort may call the Campus Police office at 719-502-2900/2911 or stop by Centennial Campus room A-100, Downtown Campus S-101, or Rampart Range Campus N-106.

Behavioral Intervention Team (BIT)

PPSC’s Behavioral Intervention Team (BIT) is a team of individuals across campus who are trained and focused on supporting a safe learning and working environment for the college community.

PPSC’s BIT works to identify and intervene when student behaviors signal that deeper concerns may be present. Our goal is to become involved early in student issues - before incidents become crises. We depend upon you to help us promote a safe and productive PPSC community. PPSC’s BIT is committed to addressing your concerns quickly and effectively.

You should report if someone you know is experiencing

• Personal problems
• Family problems
• Changes in behavior
• Changes in appearance
• Health problems
• Crying
• Talking to self
• Poor attendance
• Changes in social interactions  
• Appearance of substance or alcohol abuse
• Expresses dark thoughts
• Changes in communication 
• Being bullied
• Writing or making disturbing comments

These and other behaviors may be a signal that a someone is in need of support. PPSC is its strongest when each of us takes the time to actively care about each other. If you think a student may need support, submit a report! You may report anonymously, and please know that PPSC’s BIT takes all reports seriously. The earlier we know something is going on, the sooner we can help.

What Happens When I Make a Report?

• Review your report and contact you (if you’ve provided contact information) if we need more information
• Assess the case using an objective Risk Assessment Tool
• Intervene using the resources best equipped to support the student
• Within privacy-law boundaries, we may provide you an update.

How Do I Make a Report?

You may make a report at www.pikespeak.edu/concern

If someone is an immediate threat to themselves or someone else, CALL 9-1-1 IMMEDIATELY.

The emergency number 911 should only be used in emergency situations when a police officer, fire fighter, or paramedic is needed right away. If you are ever in doubt, call 911. 911 should not be used for non-emergencies.

Campus Police Department

Emergencies and Crime Reporting

For emergencies, dial 911 from any campus or mobile phone. When calling 911 from a campus phone, it is not necessary to dial ‘9’ first - simply dial 911. 911 should not be used for non-emergencies.

All emergencies and suspected criminal actions must be promptly reported to the Campus Police Department. Campus Police officials will take whatever action is deemed necessary to protect life and property and to enforce all Federal and State laws and regulations.

The Colorado State Legislature has granted authority to commissioned officers of the Campus Police Department to enforce all laws and regulations. Officers work in cooperation with State and local law enforcement agencies.

Sex Offender Information

Information concerning persons who are required by Colorado law to register as sex offenders, including registered sex offenders who are enrolled, employed, or volunteering at Pikes Peak State College, may be obtained from:

Colorado Springs Police Department

705 South Nevada Avenue

Colorado Springs 80903

Phone: (719) 444-7000

El Paso County Sheriff’s Office

210 South Tejon Avenue

Colorado Springs, Colorado 80903

Phone: (719) 520-7100

Colorado Bureau of Investigation, Convicted Sex Offender Site (apps.colorado.gov/apps/dps/sor/search-agreement.jsf)

Emergency Notification System

PPSC uses an Emergency Notification System (ENS) to send emergency alerts and messages to the College community. Emergency notifications are sent via text, email, and voice messaging. Registered students and employees are automatically subscribed into this system using the contact information on file with the College. Anyone from the community can also sign up to receive PPSC emergency notifications.

For more information on the College’s ENS, or to sign up to receive emergency notifications, go to www.pikespeak.edu/administration-operations/emergency-management/index.php.

The ENS relies on contact information being kept current. PPSC recommends that students and employees review their contact information at least once per semester.

• Log in on the myPPSC portal
• Go to the Dashboard
  • Students: Select “Update Personal Information”
  • Employees: Select “Personal Information”
• Select “View or Update Addresses and Phones” and/or “Update E-Mail Addresses”
• Make desired changes and SAVE

For more information about PPSC’s Emergency Notification System, go to www.pikespeak.edu/administration-operations/emergency-management/index.php.

Emergency Response Guide: Each classroom, office, or work area is equipped with a “flip chart” style Emergency Response Guide (ERG), that lists the most common types of emergencies alphabetically and provides clear, step-by-step guidance on specific actions to take during any particular emergency.

Annual Security Report

The Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act (aka the Clery Act) requires colleges and universities that participate in federal financial aid programs to keep and disclose information about crime on and near their campuses. The U.S. Department of Education monitors compliance.

As part of Clery Act Compliance, PPSC issues an Annual Security Report (ASR). To access the PPSC ASR, go to: www.pikespeak.edu/administration-operations/campus-police/security-reports.php.

Scroll down to “PPSC Annual Security Reports” and select a year to view.