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Equal Opportunity

EQUAL OPPORTUNITY/DISCRIMINATION AND HARASSMENT POLICY

B. Prohibited Conduct

1.         Discrimination.

a.   It is a violation of this Policy to discriminate in the provisions of educational or employment opportunities, benefits or privileges, to create discriminatory work or academic conditions, or to use discriminatory evaluative standards in employment or educational settings if the basis of that discriminatory treatment is, in whole or in part, the person's race, color, national origin, age, religion, disability, sex, sexual orientation, gender identity, gender expression, marital status, or veteran status.

b.   Discrimination of these kinds may also be strictly prohibited by a variety of federal, state and local laws, including: Title VII of the Civil Rights Act of 1964; the Age Discrimination in Employment Act; Title IX of the Education Amendments of 1972; the Age Discrimination Act of 1975; the Americans with Disabilities Act of 1990; the Vietnam Era Readjustment Assistance Act; Title 24, Article 34 of the Colorado Revised Statute; and Denver Municipal Ordinance. This Policy is intended to comply with the prohibitions of these anti-discrimination laws.

2.         Harassment.

a.   Harassment on the basis of any legally protected characteristic is a form of discrimination and is likewise prohibited by this policy. Prohibited harassment occurs if an environment has been created that is sufficiently severe, pervasive, or persistent so as to unreasonably interfere with a person's work or academic performance or participation in University programming/activities.

b.   Prohibited harassment may take the form of (but is not limited to) offensive slurs, jokes, and other offensive oral, written, computer-generated, visual or physical conduct.

3.         Sexual Harassment.

a.   Sexual harassment is a form of discrimination prohibited by this policy.

b.   Unwelcome sexual advances, requests for sexual favors, or other verbal or physical conduct of a sexual nature will constitute "sexual harassment" when:

       i) Submission to such conduct is either explicitly or implicitly a term or condition        of an individual's employment or status in a course, program or University-       sponsored activity; or

       ii) Submission to or rejection of such conduct is used as the basis for employment        or educational decisions affecting that individual; or

       iii) Such conduct has the purpose or effect of unreasonably
       interfering with an individual's academic or work
       performance, or of creating an intimidating, hostile or
       offensive environment for working or learning.

c.   Determining what constitutes sexual harassment depends on the specific facts and context in which the conduct occurs. Sexual harassment may take many forms; subtle and indirect or blatant and overt. For example, it may include:

       i) Be conduct toward an individual of the opposite sex or the same sex.

       ii) Occur between peers or between individuals in a hierarchical relationship.

       iii) Be aimed at coercing an individual to participate in an unwanted sexual        relationship or it may have the effect of causing an individual to change behavior        or performance.

       iv) Consist of repeated actions or may even arise from a single incident if        sufficiently egregious.

4.         Non-Consensual Sexual Contact.

a.  Non-Consensual Sexual Contact is a form of discrimination prohibited by this policy.

b.   Non-consensual sexual contact is any intentional sexual touching, however slight, with any object, by any individual upon any individual that is without consent or by coercion, force, or threat.

c.  Sexual Contact includes:

                   i) Intentional contact with the breasts, buttock, groin, or genitals, or                    touching another with any of these body parts, or making another touch                    you or themselves with or on any of these body parts;

                   ii) Any intentional bodily contact in a sexual manner, though not involving                    contact with/of/by breasts, buttocks, groin, genitals, mouth or other                    orifice; or

                   iii) Any other act, which a reasonable person would associate with sexual                    contact.

d.  Consent must be clear, knowing, and voluntary. Consent is active, not passive. Silence, in and of itself, cannot be interpreted as consent. Consent can be given by words or actions as long as those words or actions create mutually understandable clear permission regarding willingness to engage in (and the conditions of) sexual activity. Also, in order to give consent, one must be of legal age. Further, consent to any one form of sexual activity cannot automatically imply consent to any other forms of sexual activity. Previous relationships or prior consent cannot imply consent to future sexual acts.

                   i) Sexual activity with someone whom one should know to be—or based on                    the circumstances should reasonably have known to be—mentally or                    physically incapacitated (by alcohol or other drug use, unconsciousness or                    blackout), constitutes a violation of this policy.

                   ii) Incapacitation is a state where someone cannot make rational,                    reasonable decisions because they lack the capacity to give knowing                    consent. Incapacitation could result from mental disability, sleep,                    involuntary physical restraint, or from the ingestion of alcohol and/or                    rape drugs. Possession, use and/or distribution of any of these                    substances, including, but not limited to Rohypnol, Ketomine, GHB,                    Burundanga, etc. is prohibited, and administering one of these drugs to                    another person is a violation of this policy. Use of alcohol or other drugs                    will never function as a defense to a violation of this procedure.

                   iii) Coercion is unreasonable pressure for sexual activity. Coercive                    behavior differs from seductive behavior based on the type of pressure                    someone uses to get consent from another. When someone makes clear to                    you that they do not want sex, that they want to stop, or that they do                    not want to go past a certain point of sexual interaction, continued                    pressure beyond that point can be coercive.

                   iv) Force is the use of physical violence and/or imposing on someone                    physically to gain sexual access.

                   v) Threats include threats of physical violence against another person or intimidation (implied threats) to gain sexual access.

5.         Sexual Exploitation:

a.   Sexual Exploitation occurs when a person takes non-consensual or abusive sexual advantage of another for his/her own advantage or benefit, or to benefit or advantage anyone other than the one being exploited.

b.   Determining what constitutes sexual exploitation depends on the specific facts and context in which the conduct occurs. Sexual exploitation may take many forms, subtle and indirect or blatant and overt. For example, it may include:

               i) Prostituting another person;

               ii) Non-consensual video or audio-taping of sexual activity, or posting said                  media;

               iii) Going beyond the boundaries of consent (such as letting someone hide in                the closet to watch you having consensual sex);

               iv) Engaging in voyeurism;

               v) Endangering the health and safety without effective consent (such as                knowingly transmitting an STD or HIV to another party); or

               vi) Exposing one's genitals in a non-consensual circumstance, or inducing                another to expose their genitals.

6.         Domestic Violence.

a.   Domestic violence means an act or threatened act of violence upon a person with whom the individual is or has been involved in an intimate relationship.

b.   Intimate relationship means a relationship between spouses, former spouses, or past or present unmarried couples including same sex partners. The persons involved do not need to be sexually intimate, but rather represent themselves as a couple or dating whether different sexes or the same sex.

7.         Stalking.

a.   Any act, display or communication that causes substantial injury or distress, or would cause a reasonable person to fear for his or her safety.

b.   Prohibited stalking may take the form of (but is not limited to) intentionally following another person or attempting to contact a person through telephone, emails, text messages, or social media.

8.         Retaliation.

a.   No hardship, no loss of benefit, and no penalty may be imposed on any student, faculty, or staff as punishment for:

       i) filing or responding to a bona fide complaint of discrimination or harassment;

       ii) appearing as a witness in the investigation of a complaint; or

       iii)  serving as an investigator or as a member of the Equal Opportunity Board.

b.   Retaliation or attempted retaliation of this kind is a violation of the Policy and will be subject to severe sanctions up to and including termination.

9.         Groundless and malicious complaints.

Anyone who abuses the Policy by bringing groundless and malicious complaints of discrimination, harassment or retaliation violates the Policy.