Policy Title: Discrimination (including Title IX Sex Discrimination), Protected Class Harassment, and Retaliation (Emergency Interim Policy)	Category: Human Resources and Institutional Equity
Owner: Senior Director of Human Resources & Institutional Equity	Policy ID#: 07.11.03
Contact: Office of Institutional Equity Web: https://www.csupueblo.edu/institutional-equity/ Email: ie@csupueblo.edu Phone: 719.549.2210	Effective Date: 8/1/2024 Supersedes Policy ID#: 07.09 and 07.11

POLICY PURPOSE:

CSU Pueblo (“CSU Pueblo” or the “University”) is committed to equal educational and employment opportunities and to the elimination of all forms of Discrimination, Protected Class Harassment, and Retaliation. This Policy addresses the types of conduct which are prohibited by CSU Pueblo in order to maintain its longstanding commitment to a campus environment free from these types of misconduct.

POLICY APPLIES TO:

Persons: This policy applies to all CSU Pueblo Students, applicants for admission, employees, applicants for employment, affiliates, guests, and University Community Members and others who are subject to the jurisdiction and authority of the University to impose disciplinary sanctions with respect to matters of Discrimination, Protected Class Harassment, and Retaliation.

Conduct: The University has jurisdiction and authority to investigate and impose disciplinary sanctions for:

• Sex Discrimination that occurs within the United States when the Respondent is a Student, or is eligible to return as a Student, or an employee of the University, that is alleged to have occurred on and after August 1, 2024. Complaints received at any time by the University concerning conduct that is alleged to have occurred prior to August 1, 2024 are covered under a prior version of this policy, available from the Office of General Counsel upon request.

• Sex-Based Hostile Environment Harassment, even when some of the conduct occurred outside of the University’s Education Program or Activity or outside of the United States.

• All other Discrimination and Protected Class Harassment under this policy.

DEFINITIONS:

Advisor: A person selected by a Party or assigned by the University to aid a Party in any proceeding under this Policy, including accompanying the Party to meetings, interviews, hearings, appeals and other proceedings.

Complainant: A person who is alleged to have been subjected to conduct that could constitute a violation of this policy at a time when that individual was a Student or employee of the University, or who was participating or attempting to participate in CSU Pueblo’s Education Program or Activity.

Complaint: An oral or written request to the University that objectively can be understood as a request for the University to investigate and make a determination about alleged Discrimination or Protected Class Harassment.

Confidential Employee: A university employee whose communications are privileged or confidential under applicable federal or state law, or who has otherwise been designated by the University as a Confidential Employee for the purpose of providing services to persons related to Sex Discrimination, with respect to information received while the employee is functioning within the scope of their duties to which the privilege or confidentiality applies. Examples of Confidential Employees include mental health counselors, pastoral counselors, and medical treatment providers.

Consent: Clear, knowing, and voluntary words or actions that give permission for specific sexual activity. Consent cannot be given by a person who lacks capacity because of their age or temporary or permanent physical or mental condition. Consent must exist at all times during sexual activity and can be withdrawn at any time by words or actions.

Decisionmaker: The individual responsible for reviewing the investigation report and rendering a decision on whether the Respondent is responsible for violating this Policy. This may be either the Title IX Coordinator/Director of Institutional Equity or designee, for matters relating to allegations of policy violations where the Respondent is an employee, or the Associate Director of Student Conduct & Community Standards where the Respondent is a Student, or the Hearing Officer if a live hearing is used. The Decisionmaker for an appeal is different; see the Title IX Grievance Procedures section on appeals.

Discrimination: Treating someone differently based on their characteristics or perceived characteristics in matters of admissions, employment, or Education Programs or Activities of the University (including all of its operations and departments). Discrimination includes:

• Sex Discrimination: Discrimination based on sex, sex stereotypes, sex characteristics, parental, family, or marital status, pregnancy or related conditions, sexual orientation, or gender identity or expression. Sex Discrimination includes Sex-Based Harassment as further described in this policy.

• Protected Class Discrimination: Discrimination based on a person’s membership or perceived membership in a Protected Class.

Education Program(s) or Activity(ies): Any academic, extracurricular, research, occupational training, athletic, or other education program or activity operated by the University, including activities that occur in a building owned or controlled by a student organization that is officially recognized by the University.

Grievance Procedures: Those procedures adopted and published by the University implementing and effectuating this policy, including the Title IX Grievance Procedures and the Protected Class Discrimination and Harassment Procedures.

Harassment means either:

• Protected Class Harassment: Harassment that is based upon an individual’s actual or perceived membership in a Protected Class other than sex; or

• Sex-Based Harassment: A form of Sex Discrimination, this means Harassment on the basis of a person’s sex including, but not limited to:

o Quid Pro Quo Harassment: An employee, agent, or other person authorized by the University to provide an aid, benefit, or service under an Education Program or Activity of the University, explicitly or impliedly conditioning the provision of such an aid, benefit, or service on a person’s participation in unwelcome sexual conduct.

o Hostile Environment Harassment: Unwelcome sex-based conduct that, based on the totality of the circumstances, is subjectively and objectively offensive and is so severe or pervasive that it limits or denies a person’s ability to participate in or benefit from a university Education Program or Activity.

o Specific Offenses: Sexual Assault, Intimate Partner Violence and Sexual Exploitation are all considered Sex-Based Harassment (see definitions for these terms).

Intimate Partner Violence: Collectively refers to Dating Violence, Domestic Violence, or Stalking, defined as follows:

• Dating Violence means an act or threatened act of violence upon a person who has been in a social relationship of a romantic or intimate nature with the victim. Whether there was a romantic or intimate relationship will be gauged by the length of the relationship, the type of relationship, and frequency of interaction between the persons involved in the relationship. Dating Violence does not include acts covered under the definition of Domestic Violence.

• Domestic Violence means committing a felony or misdemeanor crime under the law of the jurisdiction where it occurred, by a person who:

o Is a current or former spouse or intimate partner of the victim under the domestic violence laws of Colorado, or a person similarly situated to a spouse of the victim;

o Is cohabitating, or has cohabitated, with the victim as a spouse or intimate partner;

o Shares a child in common with the victim; or

o Commits acts against a youth or adult victim who is protected from those acts under the domestic violence laws of Colorado.

• Stalking means:

o 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; or

o Directly, or indirectly through another person, or by electronic means, knowingly making a credible threat to another person and, in connection with the threat, repeatedly following, approaching, contacting, placing under surveillance, or communicating with that person, a member of that person's immediate family, or someone with whom that person has or has had a continuing relationship.

Investigator: An individual assigned by the Title IX Coordinator/Director of Institutional Equity to investigate the matters contained in the report or Complaint that has been brought to the attention of the Responsible Administrator, unless the Responsible Administrator has determined that the matter should be dismissed without an investigation.

Party or Parties: A Complainant and/or Respondent.

Protected Class: An individual’s or group’s attributes or perceived attributes or activities of any of the following:

• Disability (a mental or physical impairment which substantially limits a major life activity)
• Race (includes hair texture, hair type, or a protective hairstyle commonly or historically associated with race)
• Creed
• Color
• Sex, Sexual Orientation, Gender Identity or Gender Expression
• Genetic Information
• Religion
• Age (40+)
• National Origin or Ancestry
• Parental, Family or Marital Status
• Pregnancy, childbirth, and related conditions, including childbirth, termination of pregnancy or lactation, and recovery from any of these
• Sharing and comparing wage information with coworkers; or
• Other protected categories as provided by applicable law.

Respondent: A person accused of engaging in conduct prohibited by this policy.

Responsible Administrator: The Title IX Coordinator/Director of Institutional Equity, a Deputy Title IX Coordinator, the Associate Director of Student Conduct & Community Standards, or their respective designees who are responsible for administering this policy and the Title IX Grievance Procedures in a particular case.

Retaliation: Intimidation, threats, coercion, or discrimination against a person by the University, its Student, employee, or authorized agent, for the purpose of interfering with any right or privilege secured by Title IX or this policy, or because that person reported information, made a complaint, testified, assisted, or participated or refused to participate in any manner in an investigation, proceeding or other actions taken by the University under this policy or opposed a discriminatory practice.

Sexual Assault: Non-consensual sexual contact, and any offense classified as a forcible or nonforcible sex offense under the uniform crime reporting system of the Federal Bureau of Investigation, which include forcible rape, forcible sodomy, sexual assault with an object, forcible fondling, incest, and statutory rape.

Sexual Exploitation: Conduct involving a Respondent taking, or attempting to take, non-consensual or abusive sexual advantage of a Complainant including, but not limited to:

• Producing, distributing, receiving, or possessing illegal pornography involving the Complainant, regardless of whether the illegal pornography is physical or digital;

• Engaging in sexual voyeurism or knowingly allowing another individual to engage in sexual voyeurism of the Complainant, either in person or through electronic means;

• Producing, creating, distributing, intentionally receiving, or possessing pictures/videos of a sexual nature, or otherwise creating a record or recording of a sexual nature, involving the Complainant without the Complainant’s Consent;

• Benefiting, promoting, or earning money from the prostitution of the Complainant; or

• Intentionally exposing one’s genitals in non-consensual circumstances involving the Complainant, or inducing another to do so.

Student: A person who has gained admission to the University; who is enrolled in courses at the University, either full- or part-time, pursuing undergraduate, graduate, continuing education or professional studies; or who is not officially enrolled for a particular term but has a continuing relationship with the University and is not required to reapply for admission before returning.

Supportive Measures: Individualized measures offered as appropriate, as reasonably available, without unreasonably burdening a Complainant or Respondent, not for punitive or disciplinary reasons, and without fee or charge to the Complainant or Respondent, to:

• Restore or preserve that Party’s access to the University’s Education Program or Activity, including measures that are designed to protect the safety of the Parties or the University’s educational environment; or

• Provide support during the University’s Title IX Grievance Procedures or during the informal resolution process described in those Grievance Procedures.

Title IX: Title IX of the Education Amendments Act of 1972, 20 U.S.C. §§ 1681-1688, and related regulations codified in 34 C.F.R. Part 106. Title IX provides that no person in the United States shall, on the basis of sex, be excluded from participation in, denied the benefits of, or be subjected to Discrimination under any Education Program or Activity of the University.

Title IX Coordinator/Director of Institutional Equity: A non-confidential employee of the University who is responsible for coordinating the University’s efforts to comply with its obligations under Title IX. The Title IX Coordinator may be assisted by one or more Deputy Title IX Coordinators appointed by the University or other designees. The name and contact information for the Title IX Coordinator appears in the header of this policy and on the website of the Office of Institutional Equity (OIE).

University Community Member: Students, faculty, staff, and other employees and volunteers, affiliates, guests of the University, and certain third parties (where provided by law or contract) including, but not limited to, university agents, contractors, consultants, grantees, subcontractors, and their employees, who participate or seek to participate in the University’s Education Programs and Activities.

POLICY:

Colorado State University Pueblo prohibits all forms of unlawful Discrimination, including Sex Discrimination, Protected Class Harassment, and Retaliation. The University will not tolerate such behavior, and will respond promptly and equitably to all Complaints it receives.

In the limited circumstances in which Title IX permits different treatment or separation on the basis of sex, the University and those acting on its behalf must not carry out such different treatment or separation in a manner that discriminates on the basis of sex by subjecting a person to more than de minimis harm, i.e., harm that is so slight or insignificant that it does not merit attention by the University. It is presumed that adopting a policy or engaging in a practice that prevents a person from participating in an Education Program or Activity consistent with the person’s gender identity subjects a person to more than de minimis harm.

Obligation to Report Discrimination:

• All CSU Pueblo employees have an obligation to respond in some way to a report of a violation of this policy of which they become aware. Specific obligations include:
  
  
  • An employee who is not a Confidential Employee who has knowledge of conduct that reasonably may constitute a violation of this policy must notify the OIE promptly.
    
    
  • A Confidential Employee of the University is not required to notify the OIE after having knowledge of Sex Discrimination but must provide information to anyone who informs them of the alleged conduct about the Confidential Employee’s status as confidential for purposes of Title IX; how to contact the Title IX Coordinator; how to make a Complaint; and how the Title IX Coordinator can help.
    
    
  • Notwithstanding the above, a person who has personally been subject to conduct that reasonably may constitute Sex Discrimination is not required to report information about that conduct.
    
    
• Amnesty in Reporting—Drug and Alcohol Policy Violations
  The University encourages reports of Discrimination, Harassment and Retaliation, and participation in any ensuing grievance process. It is the policy of the University to seek to remove barriers to reports and participation by providing amnesty for potential violations of alcohol and drug use policies occurring at or near the time of the incident for student parties and witnesses who report or otherwise participate in the University’s grievance process. In general, the University will not pursue disciplinary action for personal consumption of alcohol or other drugs that would otherwise be a violation of the Student Code of Conduct or university policies on drugs and alcohol against a person who makes a good faith report to the University, or participates as a party or witness in a grievance proceeding, concerning violations of this policy (so long as the drug or alcohol violation did not endanger the health or safety of others). The University may engage in an assessment and/or educational discussion or pursue other non-disciplinary options regarding alcohol or other drug use in such cases.

How to Make a Report:

• Reports of Discrimination of any kind, including Sex Discrimination, Protected Class Harassment, and Retaliation should be made to the OIE. Reports may be made in person, by mail, by telephone, or by email, or by using the online reporting form:

Phone: 719-549-2210
Location: Buell Communication Center (BCC) Room 107
Email: Ie@csupueblo.edu
Online Reporting Form

• Sexual Assault, Sexual Exploitation, and Intimate Partner Violence and any other potential crime should also be reported to the campus law enforcement using the online reporting form or by calling:

Emergencies/Crime in Progress: 911
CSU Pueblo Campus Safety Office Phone: 719.549.2373
Non-Emergency Dispatch: 719.583.6250

• Confidential reporting options include:

Wolfpack Wellness Center
Phone: 719.549.2830
Email: csup_shs@csupueblo.edu
Student Counseling Center | Counseling Center | CSU Pueblo
Center for Health and Human Inquiry, Room 174
Phone: 719.549.2838 (24 hours)

Reporting a Student’s Pregnancy:

• Whether or not a Complaint is made under this policy, when a Student (or a Student’s parent or other legal representative) informs a University employee of the Student’s pregnancy or related conditions, the employee must provide that person with the Title IX Coordinator’s contact information and inform that person that the Title IX Coordinator can coordinate specific actions to prevent Sex Discrimination on the basis of pregnancy and ensure the Student’s equal access to the University’s Education Programs or Activities.
  
  
• When the OIE receives a report as stated above, they must inform the Student (and the Student’s parent or other legal representative who reported the pregnancy) that the University does not discriminate on the basis of pregnancy or related conditions, and that it will take other specific steps to prevent Discrimination, as outlined in the Grievance Procedures.

In addition to the reporting obligations explained in this policy, all individuals who believe they have experienced any incident that is potentially subject to this policy, and all members of the University Community who may be aware of such incidents, are encouraged to promptly report the incident to the OIE.

For every report received, the University will review the circumstances of the reported conduct to determine whether the University has jurisdiction over the Parties involved, and take steps within its control to eliminate, prevent, and address the reported conduct. The University will respond promptly and effectively to all reports received, assess all available information, and, where appropriate, offer the Parties information regarding resources and Supportive Measures.

Duties of the Title IX Coordinator/Director of OIE

The Title IX Coordinator/Director of OIE must:

• Oversee the University’s compliance with Title IX, including this policy, procedures, education and prevention efforts.

• Monitor the University’s Education Program and Activity to identify barriers to reporting information that reasonably may constitute Sex Discrimination under Title IX.

• Coordinate education and training of all employees, with specific training as to Title IX and its procedures for those involved in the Title IX process, as further described in the Grievance Procedures.

• Coordinate education and training to University Community Members on when employees must notify the Title IX Coordinator about conduct that reasonably may constitute Sex Discrimination under Title IX, and how Students can seek confidential assistance or make a Complaint of Sex Discrimination.

• Notify University Community Members of how to contact CSU Pueblo’s Confidential Employees.

• Assign each Title IX matter to a Responsible Administrator, who may be the Title IX Coordinator or another individual in the OIE.

Grievance Procedures:

The University will provide a fair and equitable process in all matters alleged under this Policy and will adopt Grievance Procedures to implement this policy. The Title IX Grievance Procedures will be separate from the Protected Class Discrimination and Harassment Grievance Procedures and will be approved by the Director of Institutional Equity and the Office of General Counsel. The Grievance Procedures will address the steps in the adjudication process from the receipt of the Complaint through the final decision on any appeal that may be filed. In all Grievance Procedures, this Policy will apply, including the Definitions above.

Making a Complaint:

• A Complaint of any alleged violation of this policy may be made verbally or in writing by a Complainant or a parent, guardian, or other authorized legal representative with the legal right to act on behalf of a Complainant. All Complaints should be made to the OIE. A form for submitting a Complaint is provided on the OIE website.

• For Sex Discrimination, including Sex-Based Harassment, a Complaint may also be made by the Title IX Coordinator, who may bring a Complaint against a Respondent in the absence or withdrawal of a Complaint by a Complainant, if the Title IX Coordinator determines that the conduct alleged presents an imminent and serious threat to the health or safety of any person, or prevents the University from ensuring equal access on the basis of sex to its Education Program or Activity.

• For Sex Discrimination other than Sex-Based Harassment, a Complaint may also be made by any student or employee, or any person who was participating or attempting to participate in an Education Program or Activity at the time of the alleged Discrimination.

After the Responsible Administrator receives notice of a Complaint or the Title IX Coordinator initiates a Complaint, the appropriate official must take steps to address reasonable concerns about the Complainant's safety or the safety of others, including by imposing Emergency Removal and/or providing Supportive Measures. The appropriate official will then initiate an investigation into the matters alleged in the Complaint under the Grievance Procedures.

Dismissal of the Complaint:

• The Responsible Administrator may dismiss a Complaint, or any allegations in the Complaint, under certain circumstances as provided in the Grievance Procedures.

• The decision to dismiss a Complaint may be appealed as provided under Appeals, below.

Informal Resolution:

In lieu of the formal Grievance Procedures, the Parties may elect to participate in an informal resolution process offered by the University in appropriate cases. Informal resolution is not available when it would conflict with any applicable law or when the Title IX Coordinator determines it is inappropriate based on the allegations. Steps in the informal resolution process are outlined in the Grievance Procedures.

Emergency Removal:

• After receiving the Complaint or any information that a violation of this policy may have occurred, the Responsible Administrator will conduct an individualized safety and risk analysis to determine whether an imminent and serious threat to the health or safety of a Complainant or any Student, employee, or other person is present. If it is determined that such a threat exists, the University may take emergency action to address the threat, including, but not limited to, removing the Respondent from all Education Programs and Activities, excluding them from campus, and/or referring the matter to law enforcement for further action.

• If a decision is made to remove the Respondent, the University will provide the Respondent with notice and an opportunity to challenge the action immediately following the removal. If the Respondent is an employee of the University, emergency removal may include placing them on administrative leave pursuant to applicable leave policies and procedures.

Supportive Measures:

• The University will offer and coordinate Supportive Measures as reasonably available and appropriate for the Complainant and/or Respondent to restore or preserve that person’s access to the University’s Education Program or Activity or provide support during any Title IX Grievance Procedures, including an informal resolution process.

• Either Party may seek a reversal or modification of a Supportive Measure applicable to them by contacting the Director of Institutional Equity/Title IX Coordinator at any time while the Supportive Measure is in place or within five university business days after the decision to provide, deny, modify or terminate a Supportive Measure.

• See the Title IX Grievance Procedures for more information about Supportive Measures.

 Investigations:

• All investigations will be conducted by the University in a manner that is adequate, reliable and impartial. The burden is on the University, not on the Parties, to conduct an investigation that gathers sufficient evidence to determine whether the alleged policy violation occurred.

• Investigations and all Grievance Procedures will be conducted with reasonable promptness. Specific timeframes may be contained in the Grievance Procedures. Timeframes may reasonably be extended on a case-by-case basis for good cause with notice to the Parties of the reason for the delay. Unreasonable or abusive requests for extensions will not be granted.

Confidentiality:

The University will take reasonable steps to avoid disclosure of any personally identifiable information of the Parties or any person involved in a proceeding under this policy. Such information shall only be disclosed when:

• The person at issue in the information gives prior, written consent to the disclosure;

• The information is disclosed to a parent, guardian, or other authorized legal representative with the legal right to receive disclosures on behalf of the person;

• The disclosure is necessary to carry out this policy and the Grievance Procedures or otherwise address conduct that reasonably may constitute a violation of this policy;

• The disclosure is required by law or court order; or

• The disclosure is necessary to address any other university policy violation or employment matter.

Nothing in this policy is intended to supplant, delay, or interfere with any criminal or civil action in a court of law concerning the conduct alleged in a Complaint; nor shall the filing of any such action necessarily terminate, delay, or interfere with the University’s response under this policy.

It is a violation of this policy to knowingly make false statements or knowingly submit false information during an investigation or Grievance Procedure. A finding of no violation of the policy does not in and of itself constitute sufficient evidence of anyone having made a false statement.

Retaliation:

• Retaliation against a Complainant, Respondent, or any person involved in the investigation will not be tolerated. Those found to have Retaliated against any individual will be disciplined according to the applicable disciplinary procedures based on their status at the University.

• Action is generally deemed retaliatory if it would deter a reasonable person in the same circumstances from opposing practices prohibited by this policy or participating in the Procedures under this policy.

• Depending upon the facts, examples of conduct that may be retaliation may include, but are not limited to demotion, denial of raise, termination, threats, violence, harassment, and intimidation.

Sanctions

• Sanctions will be determined with reference to the Respondent’s status at the University and applicable policies and procedures including the Student Conduct Code, Faculty Handbook, Administrative Professional Handbook, and State of Colorado Personnel Board Rules and statutes.

• The range of possible sanctions may be found in the Grievance Procedures.

Appeals

• Either Party may appeal dismissal of a Complaint for Sex Discrimination, or of the final decision on any Complaint, as to whether a policy violation occurred. The bases for an appeal of a dismissal or decision are limited to:
  
  
  • Procedural irregularity that would change the outcome;
    
    
  • New evidence that would change the outcome and that was not reasonably available when the dismissal or decision was made; and
    
    
  • The Title IX Coordinator, Investigator, or Decisionmaker had a conflict of interest or bias for or against complainants or respondents generally or the individual Complainant or Respondent that would change the outcome.

• See the Grievance Procedures for more information on appeals.

Recordkeeping:

The University will maintain records of Complaints and all proceedings conducted under this Policy and the Grievance Procedures for a period of seven years.

RELATED LAWS, POLICIES & PROCEDURES:

• CSU Pueblo Title IX Grievance Procedures (for all Sex Discrimination Complaints)
• CSU Pueblo Discrimination, Protected Class Harassment and Retaliation Procedures (for non-Sex Discrimination and non-Sex-Based Harassment Complaints)
• Equal Pay Act of 1963
• Titles IV, VI, and VII of the Civil Rights Act of 1964
• Title IX of the Education Amendments of 1972
• Rehabilitation Act of 1973 (sections 503 and 504)
• Vietnam Era Veterans Readjustment Assistance Act
• Age Discrimination in Employment Act
• Age Discrimination Act of 1975
• Pregnancy Discrimination Act
• Age Discrimination in Employment Act of 1976
• Americans with Disabilities Act (as amended)
• Executive Order 11246
• Jeanne Clery Disclosure of Campus Security Policy and Crime Statistics Act of 1991
• Uniform Services Employment and Reemployment Act
• Violence Against Women Act of 1994
• Violence Against Women Reauthorization Act of 2013
• Colorado Anti-Discrimination Act (CADA), C.R.S. Title 24, Art. 34, Parts 3-7.

HISTORY OF REVISIONS:

Adopted: August 6, 2020
Revised: August 1, 2024

APPROVAL:

Approved by Armando Valdez, President

07/22/2024