Skip navigation
Office of Equal Opportunity and Office of Title IX

The Office of Equal Opportunity and The Office of Title IX

Procedures

Click here to download the full 2016/2017 Office of Equal Opportunity & Office of Title IX Procedures PDF document. Alternatively, you may refer to the drop-down menu below in order to view specific sections of the procedures. 

Access the 2015/2016 Office of Equal Opportunity Procedures PDF document. 

Access the 2014/2015 Office of Equal Opportunity Procedures PDF document.

Access the 2013/2014 Office of Equal Opportunity Procedures PDF document.

 

I. Purpose

The Office of Equal Opportunity & Office of Title IX establish these Procedures to assist in carrying out its responsibilities in the administration and enforcement of the University of Denver's policies related to nondiscrimination and in assuring the University's compliance with applicable laws, including: Executive Order 11246; 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 (ADA) of 1990 and as amended by ADA Amendments Act of 2008; the Rehabilitation Act of 1973; the Vietnam Era Readjustment Assistance Act; the Genetic Information Nondiscrimination Act of 2008; Title 24, Article 34 of the Colorado Revised Statutes; and Denver Municipal Ordinances. University Policy and these Procedures are intended to comply with the prohibitions of these laws, as amended, as well as other applicable federal, state, and local anti-discrimination laws.

Consistent with federal, state and local law, and University policies related to non-discrimination, the University, through the Office of Equal Opportunity & Office of Title IX, takes prompt and equitable action in response to reports of:

A. Discrimination and harassment on the basis of race, color, national origin, age, religion, disability, sex, sexual orientation, gender identity, gender expression, marital status, veteran status, or genetic information;

B. Sexual and gender-based harassment, sexual violence, relationship violence, and stalking;

C. Failure to provide reasonable accommodations for disability and religion; and

D. Retaliation against any individual or group of individuals involved in an investigation and/or resolution of a report under these Procedures.

The Office of Equal Opportunity & Office of Title IX will impose interim measures for the individual and the community, conduct neutral investigations, promote accountability for violations of policies and procedures, and impose other remedies designed to eliminate prohibited conduct, prevent its recurrence and address its effects.

Contact Information the Office of Equal Opportunity and the Office of Title IX is as follows:

Laura Maresca, Director of Equal Opportunity
University of Denver, Mary Reed Building, 4th Floor
2199 South University Blvd.
Denver, CO 80208
303-871-7436
Laura.maresca@du.edu

Jean McAllister, Title IX Coordinator
University of Denver, Mary Reed Building, 4th Floor
2199 South University Blvd.
Denver, CO 80208
303-871-7481
Jean.mcallister@du.edu

Contact Information for the United States Department of Education, Office of Civil Rights is as follows:

United States Department of Education
Office of Civil Rights
800-421-3481
ocr@ed.gov

Regional Office
999 18th Street
Denver, CO 80202
800-368-1019
Ocr.denver@ed.gov

II. Scope

These Procedures apply to all members of the University of Denver community, including students, faculty, staff, administrators, board members, consultants, vendors, and others engaged in business with the University. Each member of the community is responsible for conducting oneself in accordance with these Procedures and other University policies and procedures.

These Procedures apply to all conduct that occurs on campus. They may also apply to conduct that occurs off campus, including online or electronic conduct, if the University finds that the conduct: occurred in the context of an employment or education program or activity of the University; had continuing adverse effects on campus; or had continuing adverse effects in an off-campus employment or education program or activity. Examples of covered off-campus conduct include University-sponsored study abroad, research or internship programs.

These Procedures apply to conduct that takes place from the time a person applies as a student or employee and continues until the student withdraws or graduates or the employee ceases employment, including periods during term breaks and between terms.

Visitors to and guests of the University are both protected by and subject to the restrictions in these Procedures. Visitors and guests may initiate a report for violations of these Procedures committed against them by members of the University. Visitors and guests may also be permanently trespassed from the University. Further, under these Procedures, community members who host guests may be held accountable for the misconduct of their guests.

III. Notice of Non-Discrimination and Statement of Compliance with Title IX

The University of Denver is committed to establishing and maintaining a safe and nondiscriminatory educational and work environment in which all individuals are treated with respect and dignity. The University does not permit discrimination or harassment in its education or employment programs and activities on the basis of race, color, national origin, age, religion, disability, sex, sexual orientation, gender identity, gender expression, marital status, veteran status, genetic information, or any other characteristic protected by institutional policy or state, local, or federal law.

These Procedures address all forms of discrimination, harassment and gender-based violence. This includes sexual harassment, sexual violence, sexual exploitation, stalking, and relationship violence. For these purposes gender includes sex, sexual orientation, gender identity, gender expression, and pregnancy and parenting status.

Pursuant to Title IX of the Education Amendments of 1972, the University of Denver does not discriminate on the basis of sex in its educational, extracurricular, athletic, or other programs or in the context of employment

The University, as an educational community, will promptly and equitably respond to reports of discrimination, harassment or gender-based violence in order to eliminate the harassment, prevent its recurrence, and address its effects on any individual or the community.

IV. Definitions

Complainant
A party who files a report alleging that he or she has been the subject of a discriminatory act. As necessary, the University reserves the right to initiate a complaint, to serve as Complainant, and to initiate proceedings without a formal complaint. Groups of individuals who share a common concern regarding campus equity may initiate complaints. In those instances the Director of Equal Opportunity or Title IX will make a determination as to the proper course of action for resolution.

Complaint of Discrimination
A charge filed in accordance with either these or other University procedures that alleges a violation of any University policy or federal, state, or local law related to discrimination. A Complaint is also referred to as a report.

Corrective Action
Any action levied against an employee found responsible for violating University policy by the employee's supervisor and any other appropriate administrator.

Discriminatory Act
Any action taken in violation of the University's Discrimination and Harassment Policy, Section 3.10.010.

Investigator(s)
An objective, neutral fact-finder with relevant training and experience. The Investigator(s) may or may not be an employee of the University.

Office of Equal Opportunity & Office of Title IX
These offices are responsible for reviewing complaints of discrimination, harassment and/or sexual misconduct. Reviews will include factual findings and determinations of responsibility for violating the Discrimination and Harassment Policy, Section 3.10.010.

Outcomes
Required educational opportunities, restrictions, and/or expectations outlined for a student found responsible for violating University policy.

Outcome Council
A body composed of DU staff or faculty convened by the Office of Student Conduct to review the factual findings and policy violation determinations issued by an Investigator(s) and impose Outcomes.

Preponderance of the Evidence
The standard of proof that the Office of Equal Opportunity & Office of Title IX apply to their investigations. An allegation is proven by a preponderance of the evidence if, based on the information provided, it is more likely to have occurred than not to have occurred.

Reporting Party
Any person who has shared a concern or incident of discrimination, harassment or other prohibited conduct under these Procedures. The reporting party need not be the Complainant.

Respondent
An individual responding to a complaint under review for violating University policies.

Responsible Employee
As required by Title IX, all University faculty, staff members, and other community members who have leadership or supervisory responsibilities, or who have significant responsibility for student or campus activities. These include, for example, members of the Board of Trustees, the Chancellor, Provost, Vice Chancellors, Associate Provosts, Deans, Directors, Department Chairs, Campus Safety personnel, Athletics personnel (including Coaches), Student Affairs personnel (including Student Conduct, Housing and Residential Education, and Resident Advisors) and faculty, staff, or community members who serve as advisors to students and student groups. This responsibility shall also extend to advisors of student groups (e.g. volunteer coaches) who are not otherwise employees of the University.

Supervising Director
The Director of Equal Opportunity or the Director of Title IX who is supervising a particular investigation.

Third Party
Any other participant in the process, including a witness to the incident(s), or an individual who makes a report on behalf of someone else.

University Premises
Means all land, buildings, facilities, or other property in the possession of or owned, used, or controlled by the University, including adjacent streets and sidewalks.

Written Notice
Delivery via electronic mail to an employee's DU email address. In the case of students or other individuals, delivery to a preferred email address as updated in the person's PioneerWeb account. It is the responsibility of the student or other individual to have an updated preferred email account on file with the University which is checked regularly. Notice may also be delivered in person, or to an individual's University or permanent address, as reported by the person to the University.

V. Prohibited Conduct

In accordance with the University's Discrimination and Harassment Policy, Section 3.10.010, the following is an explanation of Prohibited Conduct under these Procedures.

A. Discrimination

It is a violation of these Procedures to discriminate in the provision 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.

Discrimination of these kinds are 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 2 of 6 Ordinance. These Procedures are intended to comply with the prohibitions of these anti-discrimination laws.

B. Harassment

Harassment on the basis of any legally protected characteristic is a form of discrimination and is likewise prohibited by these Procedures. 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, academic performance or participation in University programming/activities.

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.

C. Sexual Harassment

Sexual harassment is a form of discrimination prohibited by these Procedures.

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

1. 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

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

3. Such conduct has the purpose or effect of unreasonably interfering with an individual's academic or work performance, i.e. it is sufficiently serious, pervasive, or persistent as to create an intimidating, hostile or offensive environment for working or learning under both an objective (a reasonable person's view) and subjective (the Complainant's view) standard.

Sexual harassment also includes harassment based on gender, sexual orientation, gender identity, or gender expression, which may include acts of verbal, nonverbal, or physical aggression, intimidation, or hostility based on sex/gender or sex/gender- stereotyping, even if the acts do not involve conduct of a sexual nature.

A single, isolated incident of sexual harassment may create a hostile environment if the incident is sufficiently severe. The more severe the conduct, the less need there is to show a repetitive series of incidents to create a hostile environment, particularly if the harassment is physical. The determination of whether an environment is "hostile" must be based on all the circumstances. These circumstances may include, but are not limited to:

• The frequency of the speech or conduct;

• The nature and severity of the speech or conduct;

• Whether the conduct was physically threatening;

• Whether the speech or conduct was humiliating;

• The effect of the speech or conduct on the Complainant's mental and/or emotional state;

• Whether the speech or conduct was directed at more than one person;

• Whether the speech or conduct arose in the context of other discriminatory conduct;

• Whether the speech or conduct unreasonably interfered with the Complainant's educational opportunities or performance (including study abroad), university-controlled living environment, work opportunities or performance;

• Whether a statement engenders offense in an employee or a student through the mere utterance of an epithet, or offends by mere discourtesy or rudeness; and/or

• Whether the speech or conduct deserves the protections of academic freedom.

Determining what constitutes sexual harassment depends on the specific facts and context in which the conduct occurs. For example, sexual harassment:

• May be blatant and intentional and involve an overt action, a threat or reprisal, or may be subtle and indirect, with a coercive aspect that is unstated;

• Does NOT have to include intent to harm, be directed at a specific target, or involve repeated incidents;

• May occur by or against an individual of any sex, gender identity, gender expression, or sexual orientation;

• May be committed by anyone, regardless of gender, age, position, or authority, including between peers or between individuals in a hierarchical relationship;

• May be aimed at coercing an individual to participate in an unwanted sexual relationship, or may have the effect of causing an individual to change behavior or performance;

• May occur in the classroom, in the workplace, in residential settings, over electronic media (including the internet, telephone, and text), or in any other setting;

• May be committed in the presence of others or when the parties are alone;

• May consist of repeated actions, or may arise from a single incident if sufficiently egregious; or

• May affect the Complainant and/or third parties who witness or observe harassment.

D. Stalking

Stalking occurs when a person engages in a course of conduct or repeatedly commits acts, displays or communications toward another person under circumstances that demonstrate either of the following:

• Placing the person in reasonable fear for one's safety; or

• Reasonably causing substantial injury or emotional distress to the person.

Stalking includes the concept of cyber-stalking, a particular form of stalking in which electronic media such as the internet, social networks, blogs, cell phones, texts, or other similar devices or forms of contact are used to pursue, harass, or make unwelcome contact with another person in an unsolicited fashion.

Prohibited stalking may take the form of (but is not limited to) intentionally following another person; attempting to contact a person through telephone, emails, text messages, or social media; extortion of money of valuables; repeated oral or written threats; or unwelcome/unsolicited communications about a person, their family, friends, and/or coworkers.

E. Physical Misconduct

Physical misconduct occurs when there are any acts causing, or likely to cause, bodily harm to any person, regardless of intent; any act resulting in physical contact with another person, when performed over their objections; or any implied or actual threats or acts that cause an unreasonable fear of harm in another.

When these acts occur in the context of relationship violence or when the behavior is perpetrated on the basis of a legally protected characteristic, the conduct will be resolved under these Procedures.

Actions taken in self-defense or the defense of another may mitigate findings under these Procedures.

F. Bullying and Hazing

Bullying includes any intentional electronic, written, verbal, or physical act, or series of acts, directed at another individual, that is severe, persistent or pervasive and that has the intended effect of doing any of the following:

(i) substantially interfering with a student's education;
(ii) creating a threatening environment; or
(iii) substantially disrupting the orderly operation of the University.

Hazing is any action or situation, with or without the consent of the participants, which recklessly, intentionally, or unintentionally endangers the mental, physical, or academic health or safety of another individual. This includes circumstances that create a risk of injury; cause discomfort or embarrassment; involve harassment, degradation, humiliation, or ridicule; or involve intentional destruction or removal of public or private property for the purpose of initiation or admission into, affiliation with, or as a condition for continued membership in an organization.

When these acts occur in the context of relationship violence or when the behavior is perpetrated on the basis of a legally protected characteristic, the conduct will be resolved under these Procedures.

G. Non-Consensual Sexual Contact

Non-Consensual Sexual Contact is a form of discrimination prohibited by these Procedures.

Non-Consensual Sexual Contact is any intentional sexual touching, however slight, with any object, by any individual upon any individual that is without consent, as defined below; by force, coercion, or threat; or where that individual is incapacitated.

1. Sexual Contact includes:

a. Having, or attempting to have, sexual contact, including vaginal or anal penetration, however slight, with a body part (e.g., penis, tongue, finger, hand) or object, or oral penetration involving mouth to genital contact;

b. 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;

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

d. Any other act which a reasonable person would associate with sexual contact.

2. This is a consent-based policy and the following concepts are principles related to review and evaluation of prohibited sexual conduct, as delineated in these Procedures.

a. Consent

Individuals who choose to engage in sexual activity of any type with another individual must first obtain clear consent. Consent must be clear, knowing, and voluntary. Consent is active, not passive. 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 sexual activity (and the conditions thereof).

Further:


• In order to give consent, one must be of legal age (CRS Section 18-3-402).

• Each participant in a sexual encounter is expected to obtain and give consent to each act of sexual activity. Consent to any one form of sexual activity does not automatically imply consent to any other form of sexual activity.

• Consent consists of an outward demonstration indicating that an individual has freely chosen to engage in sexual activity. Relying on non-verbal communication can lead to misunderstandings. Silence, in and of itself, cannot be interpreted as consent. Consent may not be inferred from silence, passivity, lack of resistance, or lack of an active response alone. A person who does not physically resist or verbally refuse sexual activity is not necessarily giving consent.

• When consent is requested verbally, absence of any explicit verbal response constitutes lack of consent.

• If at any time during the sexual activity, any confusion or ambiguity arises as to the willingness of the other individual to proceed, both parties should stop and clarify, verbally, the other's willingness to continue before continuing such activity.

• Either party may withdraw consent at any time. Withdrawal of consent should be outwardly demonstrated by words or actions that clearly indicate a desire to end sexual activity. Once withdrawal of consent has been expressed, sexual activity must cease.

• Individuals with a previous or current intimate relationship do not automatically give either initial or continued consent to sexual activity. Even in the context of a relationship, there must be mutually understandable communication that clearly indicates a willingness to engage in sexual activity.

• Consent is not effective if it results from the use or threat of physical force, intimidation, or coercion, or any other factor that would eliminate an individual's ability to exercise his or her own free will to choose whether or not to have sexual contact.

• A person who is incapacitated cannot give consent.

b. Coercion

Coercion is unreasonable and/or persistent pressure to compel another individual to initiate or continue sexual activity against an individual's will. Coercive behavior differs from seductive behavior based on the type of pressure someone uses to get sexual activity from another. When someone makes clear that they do not want to engage in sexual contact, 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. A person's words or conduct are sufficient to constitute coercion if they wrongfully impair another individual's freedom of will and ability to choose whether or not to engage in sexual activity. Coercion can include a wide range of behaviors, including intimidation, manipulation, threats, and blackmail. Examples of coercion include threatening to disclose another individual's private sexual information related to sexual orientation, gender identity, or gender expression, and threatening to harm oneself if the other party does not engage in the sexual activity.

c. Force

Force is the use of physical violence and/or imposing on someone physically to gain sexual access. There is no requirement that a party resists the sexual advance or request, but resistance will be viewed as a clear demonstration of non-consent. Threat includes threats of physical violence against another person or intimidation (implied threats).

d. Incapacitation

An individual who is incapacitated lacks the ability to make informed, rational judgments and cannot consent to sexual activity. Incapacitation is defined as the inability, temporarily or permanently, to give consent because an individual is mentally and/or physically helpless, asleep, unconscious, or unaware that sexual activity is occurring. 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, or unconsciousness), constitutes a violation of these Procedures.

Where alcohol or other drugs are involved, incapacitation is a state beyond drunkenness or intoxication. The impact of alcohol and other drugs varies from person to person; however, warning signs that a person may be approaching incapacitation may include slurred speech, vomiting, unsteady gait, the odor of alcohol, combativeness, or emotional volatility.

Evaluating incapacitation requires an assessment of how the consumption of alcohol and/or drugs affects an individual's:

• Decision-making ability;
• Awareness of consequences;
• Ability to make informed judgments;
• Capacity to appreciate the nature and the quality of the act; or
• Level of consciousness.

A person may be considered unable to give consent due to incapacitation if the person cannot appreciate the "who, what, where, when, why, or how" of a sexual interaction.

An individual who engages in sexual activity with someone the individual knows or reasonably should know is incapacitated is a violation of these Procedures.

Possession, use and/or distribution of any rape drugs including, but not limited to Rohypnol, Ketamine, GHB, or Burundanga, is prohibited, and administering one of these drugs to another person is a violation of the Sexual Exploitation portion of these Procedures.

e. Alcohol and Other Drugs

In general, the University considers sexual contact while under the influence of alcohol or other drugs to be risky behavior. Alcohol and other drugs impair a person's decision-making capacity, awareness of consequences and ability to make informed judgments. It is especially important, therefore, that anyone engaging in sexual activity be aware of the other person's level of intoxication. If there is any doubt as to the level or extent of the other individual's intoxication or impairment, the prudent course of action is to forgo or cease any sexual contact or activity.

The perspective of a reasonable person will be the basis for determining whether a Respondent should have been aware of the extent and amount of the ingestion of alcohol or drugs by the Complainant, or of the extent to which the use of alcohol or drugs impacted a Complainant's ability to give consent. In determining whether consent has been given, the University will consider both: the extent to which a Complainant affirmatively gives words or actions indicating a willingness to engage in sexual activity; and whether the Respondent was aware, or reasonably should have known, of the Complainant's level of alcohol consumption and/or level of impairment.

Being intoxicated or impaired by drugs or alcohol is never an excuse for committing sexual harassment, sexual violence, stalking, or relationship violence and does not diminish one's responsibility to obtain informed and freely given consent.

H. Sexual Exploitation

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.

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:

1. Prostituting another person;

2. Video or audio-taping sexual activity, or posting said media, without the knowledge and agreement of the other party;

3. Going beyond the boundaries of consent (such as letting someone observe a sexual act without the knowledge or agreement of the other party);

4. Engaging in voyeurism (observing another party's nudity or sexual activity without their knowledge or agreement);

5. Endangering health and safety without effective consent (such as knowingly exposing another individual to a sexually-transmitted infection);

6. Exposing one's genitals in a non-consensual circumstance, or inducing another to expose their genitals; and

7. Inducing incapacitation for the purpose of making another person vulnerable to non-consensual sexual activity.

I. Relationship Violence

Relationship violence, also known as domestic violence, dating violence, and intimate partner violence, encompasses a broad range of behaviors, all of which are prohibited under these Procedures. In particular, relationship violence means an act or threatened act of abuse and/or violence upon a person with whom the individual is or has been involved in a dating or domestic relationship. Forms of relationship violence, include, but are not limited to, physical violence, sexual violence, emotional violence, stalking, and economic abuse. Relationship violence may also take the form of threats, property damage, violence or threat of violence to one's self, one's sexual or romantic partner or to the family members, friends or pets of the sexual or romantic partner. Relationship violence may involve one act or an ongoing pattern of behavior.

Relationship violence affects individuals of all genders, gender identities, gender expressions, and sexual orientations and does not discriminate by racial, social or economic background, or ability.

Domestic violence includes conduct by a current or former spouse or intimate partner of the victim, by a person with whom the victim shares a child in common, or by a person who is cohabitating with or has cohabitated with the victim as a spouse or intimate partner.

Dating violence includes conduct by someone who is or has been in a social relationship of a romantic or intimate nature with the victim. 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.

Any of the conduct defined in the Prohibited Conduct section of these Procedures may be a form of relationship violence. When a finding of responsibility for engaging in a prohibited behavior is made in the context of relationship violence, the finding will be identified as the prohibited behavior in the context of relationship violence.

When both parties in an intimate relationship report relationship violence, there will be an assessment to determine the predominant aggressor in the reported circumstances. Assessing for the predominant aggressor includes:

  • Nature of the injuries:
    • Offensive and defensive injuries; and
    • The seriousness of injuries received by each party;
  • Threats made by one party against the other, another person or a pet;
  • Whether a party acted in self-defense or in the defense of another;
  • The capacity of each party to injure the other;
  • Any history of domestic violence between the parties;
  • Prior findings of responsibility, or convictions for relationship;
  • Orders for protection or no contact orders, current or past;
  • Controlling behavior exhibited or reported by the parties or witnesses;
  • Fearful behavior exhibited or reported by the parties or witnesses; and
  • Witness statements.

J. Failure to Inform Supervisor of a Consensual Sexual Relationship with a Student or a Supervisee

The University strongly discourages sexual relationships between a teacher and student or between a supervisor and supervisee because such relationships tend to create compromising conflicts of interest, or the appearance of such conflicts. As used in this section, the term "teacher" includes a faculty member, teaching assistant, graduate student, administrator, coach, advisor, counselor, residence staff, program director or other University employee having supervisory, teaching, mentoring, advising, coaching or other evaluative responsibilities for students. Relations between persons occupying such asymmetrical positions of power, even when both consent, raise suspicions that the person in authority has violated standards of professional conduct and potentially subject the person in authority to charges of sexual harassment. The relationship may give rise to the perception on the part of others that there is favoritism or bias in academic or employment decisions affecting the student or staff member. Moreover, given the uneven balance of power within such relationships, consent by the student or staff member in such cases is suspect and may be viewed by others or, at a later date, by the student or staff member as having been given as the result of coercion or intimidation. The atmosphere created by such appearances of bias, favoritism, intimidation, coercion, or exploitation undermines the spirit of trust and mutual respect that is essential to a healthy work and academic environment. In any allegation of sexual harassment brought by a person in a subordinate position, "consent to the relationship" will not be deemed a sufficient defense or justification for conduct that otherwise would be deemed sexual harassment under the policy of the University.

In the event of such a relationship, it is the responsibility of the person in a position of authority to notify his/her own supervisor so that a resolution consistent with this policy may be reached. Failure to comply with this requirement is a violation of this policy.

K. Retaliation

Retaliation is any act or attempted act to seek retribution from any individual or group of individuals involved in the investigation and/or resolution of a report under these Procedures. Retaliation can take many forms, including, but not limited to, abuse or violence, threats, physical intimidation, or verbal, written, electronic or behavioral acts that are vulgar or obscene and that produce, or attempt to produce, isolation, ridicule, embarrassment or intimidation as a result. Any individual or group of individuals, including a Complainant or Respondent, can engage in retaliation and will be held accountable under these Procedures.

Actions are considered retaliatory if they are motivated by disclosure of real or perceived University-related misconduct pursuant to these Procedures and the actions have a substantial, adverse effect on the working, academic, University-controlled living environment, or social functioning in the University community, of a faculty, employee or student; or if the faculty, employee, or student can no longer effectively carry out his or her University responsibilities.

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

1. Filing or responding to a good faith complaint of discrimination or harassment;

2. Appearing as a witness in the investigation of a complaint; or

3. Serving as an Investigator(s) or as a member of any Equal Opportunity review.

Retaliation, intimidation, or attempts of this kind is a violation of the Discrimination and Harassment Policy, Section 3.10.010 and will be subject to sanctions up to and including termination or expulsion.

L. Groundless and Malicious Complaints

The University takes the validity of information very seriously as a charge of violation of University Policy may have severe consequences. Anyone who abuses these Procedures or the Discrimination and Harassment Policy, Section 3.10.010 by bringing groundless or malicious complaints, or intentionally giving false information during the course of a review, violates these Procedures. This provision does not apply to reports made in good faith, or information provided by witnesses in good faith, during the course of an investigation, even if the facts alleged in the report are not substantiated by an investigation.

VI. Privacy and Confidentiality

For any report under these Procedures, every effort will be made to respect and safeguard the privacy interests of all individuals involved in a manner consistent with the need for a careful assessment of the allegation and any necessary steps to eliminate the conduct, prevent its recurrence, and address its effects. Privacy and confidentiality have distinct meanings under these Procedures.

A. Privacy

Privacy generally means that information related to a report under these Procedures will only be shared with those University employees who "need to know" in order to assist in the active response, review, investigation, or resolution of the report. While not bound by confidentiality, these individuals will be discreet and respect the privacy of all individuals involved in the process. If the decision is made to pursue an investigation and/or resolution under these Procedures, information related to the report will be shared with the both the Complainant and Respondent. Information regarding a report will not be shared with the Complainant's or Respondent's parents or guardians unless: the Complainant or Respondent is a minor, and sharing is permissible under the Family Education Rights and Privacy Act (FERPA); the Complainant or Respondent has signed a waiver that is compliant with FERPA; or there is an articulable threat to the health or safety of the Complainant, Respondent or other individuals.

B. Release of Information

If a report of prohibited conduct discloses a serious and immediate threat to the campus community, the University of Denver's Office of Campus Safety will issue a timely notification to protect the health or safety of the community as required by the Clery Act. The notification will not include identifying information about a Complainant.

Pursuant to the Clery Act and the 2013 Amendments to the Violence Against Women Act, anonymous statistical information regarding reported criminal incidents must be shared with the University of Denver Office of Campus Safety for inclusion in the Daily Crime Log. This information will also be included in the University's Annual Security Report. The University may also share aggregate and not personally identifiable data about reports, Outcomes and sanctions.

All University proceedings are conducted in accordance with the requirements of Title IX, the Clery Act, the Violence Against Women Act, FERPA, state and local law, and University policy. No information, including the identity of the parties, will be released from such proceedings except as required or permitted by law or University policy.

C. Records

The Office of Equal Opportunity and Office of Title IX will maintain records of all reports under these Procedures and their Outcomes in order to track patterns and systemic behaviors, consistent with University records retention practices.

D. Confidentiality

Confidentiality means that a client or patient sharing information with a designated campus or community professional can expect that it will only be disclosed with the individual's express written permission, unless there is a continuing threat of serious harm to the patient/client or to others, or there is a legal obligation to reveal such information (e.g. where there is suspected abuse or neglect of a minor). While the Office of Equal Opportunity and the Office of Title IX are not confidential resources, an individual can seek confidential assistance and support by speaking with specially designated Confidential Resources, including the Center for Advocacy, Prevention and Empowerment, the Health and Counseling Center, and the University Chaplain.
See: Confidential Resources http://www.du.edu/equalopportunity/resources/index.html.

VII. Resources

All individuals are encouraged to seek the support of on and off campus resources, regardless of when or where the incident occurred. Trained professionals can provide guidance in making decisions, information about available resources, procedural options, and assistance to either party in the event that a report and/or resolution is pursued under these Procedures. The University is committed to treating all members of the community with dignity, care and respect. Any individual affected by discrimination, harassment, sexual harassment, sexual violence, relationship violence, stalking or, retaliation, whether as a Complainant, a Respondent or a third party, will have equal access to support consistent with their needs and available University resources. See: http://www.du.edu/equalopportunity/resources/index.html

VIII. Reporting

As noted above, the University encourages all individuals to seek assistance from a medical provider and/or law enforcement immediately after an incident of sexual violence or relationship violence, whether or not the individual plans to pursue criminal action. This is the best option to ensure preservation of evidence and to begin a timely response by law enforcement and/or the University.

The University has a strong interest in supporting community members who experience discrimination, harassment or gender-based violence outlined as Prohibited Conduct in these Procedures. The University encourages all individuals or third-party witnesses to report any incident to the University and, if it involves potential criminal conduct, to law enforcement.

Making a report under these Procedures means telling someone in authority what happened, in person, by telephone, in writing or by email. Deciding whether to make a report and choosing how to proceed are personal decisions. At the time a report is made, a Complainant does not have to decide whether or not to request any particular course of action, nor does a Complainant need to know how to label what happened. Choosing to make a report and deciding how to proceed after making that report can be a process that unfolds over time. The University provides support that can assist each individual in making these important decisions and, to the extent legally possible, will respect an individual's autonomy in deciding how to proceed. In this process, the University will balance the individual's interest with its obligation to provide a safe and non-discriminatory environment for all members of the University community.

Individuals have several reporting options. These include:

1) reporting to the police for criminal action; and
2) reporting to designated campus officials, including the Title IX Coordinator, the Office of Equal Opportunity, Campus Safety, Student Conduct, Pioneers CARE, Housing and Residential Education, or a Faculty or Staff member.

Individuals may pursue these options simultaneously, or any one of them separately. Resources are always available to support a Complainant regardless of the course of action chosen.

Any individual who reports prohibited conduct can be assured that all reports will be reviewed and addressed in a fair and impartial manner. All individuals involved can expect to be treated with dignity and respect. In every report under these Procedures, the University will make an immediate assessment of any risk of harm to the University or to the broader campus community and will take steps necessary to address those risks. These steps may include interim measures to provide for the safety of the individual and the campus community.

Expectation of Managers and Supervisors

Managers and supervisors must deal expeditiously and fairly with allegations of harassment or discrimination within their departments, whether or not there has been a written or formal complaint. They must:

• Take all complaints or concerns of alleged or possible harassment or discrimination seriously no matter how minor or who is involved;
• Ensure that harassment, discrimination or inappropriate sexually oriented conduct is immediately reported to Equal Opportunity or Title IX so that a prompt investigation can occur; and
• In consultation with Human Resources, take appropriate action to prevent retaliation or prohibited conduct from recurring during and after any investigation, or while a complaint is reviewed.

A. Reporting to Law Enforcement

The University encourages Complainants to pursue criminal action for incidents of prohibited conduct that may also be crimes under state criminal statutes. The University will assist a Complainant, at the Complainant's request, in contacting local law enforcement and will cooperate with law enforcement agencies if a Complainant decides to pursue the criminal process.

The University's policy, definitions and burden of proof may differ from Colorado criminal law. Neither law enforcement's determination whether or not to prosecute a Respondent nor the outcome of any criminal prosecution are determinative of whether sexual harassment, sexual violence or relationship violence has occurred under these Procedures. Proceedings under these Procedures may be carried out prior to, simultaneously with or following civil or criminal proceedings off campus.

B. Campus Reporting Options

The University encourages a Complainant to make a report directly to the Title IX Coordinator or the Office of Equal Opportunity. Other reporting options include: Campus Safety, Student Conduct, Pioneers CARE, and Housing and Residential Education. Equal Opportunity or Title IX concerns may also be reported in the online reporting form by clicking "Submit a Report" in the right-hand pane at http://www.du.edu/equalopportunity/.

Although a report may come in through many sources, the University is committed to ensuring that all reports are referred to the Title IX Coordinator or the Office of Equal Opportunity, who will ensure consistent application of the policy to all individuals and allow the University to respond promptly and equitably to eliminate the harassment, prevent its recurrence, and eliminate its effects. As such, when an individual chooses to share information with a University employee designated as a Responsible Employee, the report will be shared with the Office of Title IX or the Office of Equal Opportunity.

Responsible Employees who are informed of an incident of discrimination, harassment or gender-based violence outlined as prohibited conduct in these Procedures will safeguard an individual's privacy, but are required by the University to immediately share all details, including the known details of the incident (date, time, location), the names of the parties involved, a brief description of the incident, and if the incident has been previously reported, with Title IX Coordinator. Such reporting ensures timely support for all parties and enables an effective and consistent institutional response.

Consistent with these Procedures, upon receipt of a report, the Title IX Coordinator or Office of Equal Opportunity will conduct an initial assessment of: the incident or behavior at issue; any risk of harm to the parties, any other individuals or the broader campus community; the Complainant's desired course of action; and the necessity for any interim measures to protect the safety or address any educational or employment impact of the behavior or incident of the Complainant, any other individuals or the community. Appropriate resources will be made available for the Complainant (e.g. medical care, counseling resources, safe housing). At the conclusion of the initial assessment, the Title IX Coordinator and/or the Office of Equal Opportunity will determine the appropriate manner of resolution.

All individuals are encouraged to make a report, regardless of when or where the incident occurred, and to seek any necessary help from campus or community resources.

C. Anonymous Reporting

With the exceptions of Responsible Employees, managers and supervisors, any individual may make an anonymous report concerning an act of harassment or discrimination under these policies, including a report of sexual harassment, sexual violence or relationship violence. A report can be made without disclosing one's own name, identifying the Respondent, or requesting any action. Depending on the level of information available about the incident or the individuals involved, anonymous reporting may impact the University's ability to respond or take further action.

As with all other reports, all anonymous reports will go to Office of Campus Safety, the Director of Equal Opportunity or the Title IX Coordinator for review and appropriate response and action. Where there is sufficient information, the University will ensure that anonymous reports are reviewed and included for compliance with the Clery Act.

D. Reporting Considerations

1. Timeliness and Location of Incident

Complainants and third party witnesses are encouraged to report prohibited conduct under these Procedures. There is no time limit on reporting violations of these Procedures. However, Complainants are encouraged to make a report within 180 days of the last incident. If the Respondent is no longer a student or employee, the University may not be able to take Corrective Action and/or impose Outcomes against the Respondent, but it will still seek to provide support for a Complainants and take steps to end the harassment, prevent its recurrence, and address its effects.

An incident does not have to occur on campus to be reported to the University. Off-campus conduct that occurred in the context of an employment or education program or activity of the University, or has continuing adverse effects on campus or on an off-campus employment or education program or activity, will also be covered under these Procedures.

2. Amnesty for Personal Use of Drugs or Alcohol

The health, safety and well-being of all members of our community are of primary importance to the University. As such, the University seeks to remove barriers to reporting so that it can appropriately address and remedy the presence of a harassing environment. The University will generally offer any student who reports sexual harassment, sexual violence or relationship violence, whether the Complainant or a third party, amnesty from being charged for policy violations related to the personal ingestion of alcohol or other drugs, provided that any such violations did not and do not place the health and safety of any person at risk. The University may choose, however, to pursue educational or therapeutic remedies for those individuals. The University will always consider the unique nature of the incident and the roles of those who may have been involved.

3. Protection of Minors and Mandatory Reporting of Suspected Child Abuse

The University will report all suspected child abuse and neglect, including sexual assault, to law enforcement and/or to the Denver Department of Human Services toll-free child abuse and neglect hotline at (720) 944-3000. All University employees are required to report suspected child abuse and neglect to the Title IX Compliance Coordinator or Office of Campus Safety.

It is the University's intent to act quickly regarding all suspected child abuse. For the purposes of this reporting obligation, a child is any individual under the age of 18, and the suspected abuse may involve physical, sexual or other forms of abuse or neglect, regardless of the identity of the suspected perpetrator. The duty to report is triggered by reasonable suspicion or belief. There is no requirement that you have actual evidence of abuse, nor is it the responsibility of any employee, student or volunteer to investigate suspected child abuse. This is the role of child protective services and law enforcement authorities, who are best positioned to do so.

A report should be made as follows:

If a child is in immediate danger, call the police (911). If there is no immediate danger, call:
• University of Denver Office of Campus Safety: 303-871-3000
• University of Denver Title IX Compliance Coordinator: 303-871-7436

These individuals will assist in making the mandated child protective services report to:

• Denver Police Department: 720- 913-2000
• Denver Child Protective Services: 720-944-3000

IX. Procedural Options for Resolution of Reported Concerns

Reports of possible violations under these policies and procedures may be raised through many sources. The University is committed to ensuring that all concerns are referred to the Office of Title IX and/or the Office of Equal Opportunity, as appropriate, who will ensure consistent application of the policy to all individuals and allow the University to respond promptly and equitably to eliminate discrimination, harassment, or gender-based violence, prevent its recurrence, and eliminate its effects.

A. Overview of Procedural Options

Upon receipt of a report, the University will conduct an initial assessment. The goal of this assessment is to provide an integrated and coordinated response to reports of prohibited conduct under these Procedures. The assessment will consider the nature of the report, the safety of the individual and the campus community, the Complainant's expressed preference for resolution, and the necessity for any interim measures or modifications to maintain the safety of the Complainant or the community.

Following this assessment, the University may:

1) determine that the reported concern does not meet the criteria for a possible violation of University Policy (this determination may result in a referral to another University department or resource or result in no action taken);

2) seek an Alternative Resolution; or,

3) initiate an investigation to determine if the conduct resulted in a policy violation.

The goal of the investigation is to gather all relevant facts, make factual determinations, determine whether there is a violation under these Procedures, and, if warranted, refer the investigative conclusion for Corrective Action and/or Outcomes.

At the conclusion of the investigation, the Investigator(s) will make a determination by a preponderance of the evidence whether sufficient information exists to support a finding of responsibility for violating the Discrimination and Harassment Policy, Section 3.10.010 and these Procedures. The specific procedures for Corrective Action and/or Outcomes will then occur as follows:

• For complaints against employees or other non-students who are otherwise affiliated with the University, the investigative finding will be shared with the Respondent's direct supervisor or other appropriate University authorities, who, in consultation with Human Resources, shall have disciplinary authority to impose appropriate Corrective Action.

• For complaints against students, the investigative findings will be referred to the Outcome Council or appropriate University authorities, who shall have disciplinary authority to impose appropriate Outcomes (i.e. sanctions).

Each resolution process is guided by the same principles of fairness and respect for all parties. All individuals who violate these standards will be held accountable for their behavior through a process that protects the rights of both the Complainant and the Respondent. Resources are available for both students and employees, whether as Complainants or Respondents, to provide support and guidance throughout the investigation and resolution of a report.

At the conclusion of the disciplinary process, both a Complainant and a Respondent will have the opportunity to appeal.

The Office of Title IX and the Office of Equal Opportunity document each report or request for assistance in resolving a report under these Procedures and will review and retain copies of all reports generated as a result of investigations consistent with the University's record retention guidelines. These records will be kept confidential to the extent permitted by law.

B. Time Frames for Resolution

The University of Denver will make every effort to address and resolve all reports within sixty (60) calendar days from the time they are received. This time frame may be extended for good cause as necessary to ensure the integrity and completeness of the investigation, to comply with a request by external law enforcement, to accommodate the availability of witnesses, to account for University breaks or vacations, to account for complexities of a case, including the number of witnesses and volume of information provided by the parties, or to address other legitimate reasons. Parties will receive written notice of any extension of the time frames and the reason for the extension. Best efforts will be made to complete the process in a timely manner by balancing principles of thoroughness and fundamental fairness with promptness. However, the University's failure to meet any of the time frames outlined within these Procedures, or failure to provide written notice of the extension of these time frames, in no case shall be grounds for dismissing any matter or review, nor shall it limit the University's ability to complete an investigation, issue findings, impose Outcomes, enact corrective or disciplinary actions, or limit the University's ability take any other required administrative action under these Procedures.

C. Initial Assessment

During the course of an initial assessment, an intake meeting will take place with the Complainant. Where possible, the University will consider and seek action consistent with the interest of the Complainant and the Complainant's expressed preference for manner of resolution, as well as the University's obligation to provide a safe and non-discriminatory environment for all community members.

As part of the initial assessment of the facts, the University will:

  • Assess the nature and circumstances of the report;
  • Address any immediate concerns about the physical safety and emotional well-being of the parties;
  • Notify the Complainant of the right to make a report (or decline to make a report) with law enforcement if the conduct is criminal in nature and, if requested, assist them with notifying law enforcement;
  • Notify the Complainant of the availability of medical treatment to address any physical and mental health concerns and to preserve evidence;
  • Provide the Complainant with information about:
    • On- and off-campus resources;
    • The available range of interim measures when appropriate;
  • An explanation of the procedural options, including alternative resolution, investigation, and the possibility of Corrective Actions and/or Outcomes;
  • Discuss the Complainant's expressed preference for manner of resolution and any barriers to proceeding;
  • Explain the University's policy prohibiting Retaliation;
  • Explain the role of a support person or advisor;
  • Assess for potential pattern evidence or other similar conduct;
  • Assess the reported conduct for the need to make a timely notification under federal law; and
  • Refer non-identifying information about the report to Campus Safety for entry into the University's Daily Crime Log if the conduct is potentially criminal in nature.

The University's ability to fully investigate and respond to a report may be limited if the Complainant requests that her or his name not be disclosed to the Respondent or declines to participate in an investigation. Where a Complainant requests that their name or other identifiable information not be shared with the Respondent or that no formal action be taken, the Title IX Coordinator and/or the Equal Opportunity Office will balance this request against the following factors in reaching a determination whether the request can be honored.

• The nature and scope of the alleged conduct, including whether the reported misconduct involved the use of a weapon;
• Whether the incident involved a minor, and the respective roles of the Complainant and Respondent;
• The risk posed to any individual or to the campus community by not proceeding, including the risk of additional violence;
• Whether there have been other reports of misconduct by the Respondent;
• Whether the report reveals a pattern of misconduct (e.g. via illicit use of drugs or alcohol) at a given location or by a particular group;
• The Complainant's wish to pursue Corrective Action and/or Outcomes;
• Whether the University possesses other means to obtain relevant evidence;
• Considerations of fundamental fairness with respect to the Respondent should the course of action include Corrective Action and/or Outcomes against the Respondent;
• The University's obligation to provide a safe and non-discriminatory environment; and
• The University's obligation to satisfy any other legal obligations.

At the conclusion of the initial assessment, the Title IX Coordinator and Equal Opportunity Office will determine the appropriate manner of action. The University will communicate the chosen course of action to the Complainant.

D. Interim Measures

All students and employees have the right to continue their education or employment free from the threat of harassment, abuse, retribution, or violence. Upon the receipt of a report of prohibited conduct, the University will make the determination as to whether interim measures are needed in order to protect the safety, security or integrity of all parties involved. The University will maintain consistent contact with the parties to ensure that safety, emotional and physical well-being concerns are being addressed. Interim measures may be imposed regardless of whether an investigation or resolution is sought by the Complainant or the University in order to maximize of the Complainant's educational and/or employment experience and the overall University environment.

Interim measures are initiated based on information gathered during a report, assessment or intake process and are not intended to be permanent resolutions; hence, they may be amended or withdrawn as additional information is gathered. The Office of Title IX and/or Office of Equal Opportunity, in consultation with other administrators, will maintain consistent contact with the parties so that safety, emotional and physical well-being concerns can be reasonably addressed. A Complainant or Respondent may request separation or other protection, or the University may choose to impose interim measures at its discretion to ensure the safety of all parties, the broader University community, and/or the integrity of the investigative and/or resolution process.
Such measures may include, but are not limited to:

• Access to counseling services and assistance in setting up initial appointments, both on and off campus;
• Imposition of a campus "No-Contact Order";
• Rescheduling of exams and assignments;
• Providing alternative course completion options;
• Change in class schedule, including the ability to drop a course without penalty or to transfer sections;
• Change in work schedule or job assignment;
• Change in a student's campus housing;
• Assistance from University support staff in completing housing relocation;
• Limiting access to certain University facilities or activities pending resolution of the matter;
• Voluntary leave of absence;
• Providing an escort to assure safe movement between classes and activities;
• Arranging for medical services;
• Providing academic support services;
• Any other remedy which can be tailored to the involved individuals to achieve the goals of these Procedures.

In matters involving students, the Vice Chancellor for Campus Life and Inclusive Excellence, the Provost, or their designees, in consultation with the appropriate faculty and/or administrators, will be empowered to impose any interim measure. In matters involving employees, the appropriate administrator, in consultation with Human Resources, will make the determination regarding interim measures.

In imposing interim measures, the University should minimize the burden on the Complainant. The University also recognizes its obligation to students who have been accused of misconduct but have not yet gone through the investigative process. Therefore, interim measures should not unduly interfere with a Respondent's academic progress short of that deemed necessary to protect the University, any member of its community, or its mission.

The Vice Chancellor for Campus Life and Inclusive Excellence, the Provost, or their designees, may also suspend a student for an interim period prior to case resolution. An interim suspension will be effective immediately, without prior notice, whenever the Vice Chancellor for Campus Life and Inclusive Excellence, the Provost, or their designees determines that the continued presence of the student on the University campus poses a substantial threat to any member of the University community or the stability and continuance of normal University functions. During an interim suspension, students may be denied access to University premises and all University activities or privileges for which the student might otherwise be eligible, as the Vice Chancellor for Campus Life and Inclusive Excellence, the Provost, or their designees may determine to be appropriate. Whenever an interim suspension is imposed, case resolution will be completed as reasonably as possible. The interim suspension may remain in effect until a final decision has been reached, including any appropriate appellate process.

E. Alternative Resolution

The alternative resolution is a remedies-based resolution designed to address the concerns raised by a Complainant without going through a formal investigation. For student Respondents, the measures deemed appropriate for alternative resolution will not result in formal Outcomes through the Outcomes Council, or any other action through the Office of Student Conduct. For employee Respondents, alternative resolutions may yield corrective actions. Where an initial assessment concludes that alternative resolution may be appropriate, the University will take corrective action through the imposition of individual and community remedies designed to maximize the Complainant's access to the educational, extracurricular and employment activities at the University and to eliminate a hostile environment. Examples of protective remedies are provided in the interim measures section of these Procedures.

Other potential remedies include targeted or broad-based educational programming or training, supported direct confrontation of the Respondent and/or indirect action by the Office of Title IX or the Office of Equal Opportunity. Depending on the form of alternative resolution used, it may be possible for a Complainant to maintain anonymity. The University will offer mediation for appropriate cases, but will not compel a Complainant to engage in mediation, to directly confront the Respondent, or to participate in any particular form of alternative resolution. Mediation, even if voluntary, may not be used in cases involving sexual or relationship violence (non-consensual sexual contact). The decision to pursue alternative resolution will be made when the University has sufficient information about the nature and scope of the conduct, which may occur at any time. Participation in alternative resolution is voluntary, and a Complainant can request to end alternative resolution at any time.

The Title IX Coordinator and Office of Equal Opportunity will maintain records of all reports and conduct referred for alternative resolution.

F. Investigation

After an initial assessment, the Director of Title IX or the Director of Equal Opportunity will determine whether or not an investigation is appropriate under these policies and procedures. The investigation may also address potential violations of the University's Honor Code, Student Conduct Policies or employment policies.

The University will designate an Investigator(s) who has specific training and experience investigating allegations of harassment, discrimination, sexual harassment, sexual violence, relationship violence, and stalking. The Investigator(s) may be an employee of the University or an external Investigator(s) engaged to assist the University in its fact gathering.

The investigation is designed to provide a fair and reliable gathering of the facts. The investigation will be thorough, impartial and fair. To this end, any Investigator(s) chosen to conduct the investigation must be impartial and free of any actual conflict of interest.

Where a participant has reason to believe that the assigned Investigator(s) is subject to any bias or conflict of interest that would render the Investigator(s) unable to conduct a fair and objective investigation, the participant must submit a written request to the Supervising Director for the case to be reassigned to a different Investigator(s). The request must clearly describe the purported bias or conflict of interest, and must articulate facts to support this conclusion. The request may also be supplemented by any applicable evidence. Such a request must be submitted to the Supervising Director prior to the procedural deadline for the participant's first interview (regardless of whether the interview has taken place).

Each such request will be given due consideration by the Supervising Director and will either be granted or denied in writing within five (5) business days of receiving the written request. Any such allegation of bias or conflict of interest that arises after the participant's deadline for initial interview must be presented on appeal following the completion of the investigation. See Appeal procedures in Sections XII (B) and XIII (F). Allegations of discrimination or bias against any Investigator(s) or Supervising Director relating to the manner in which the investigation was conducted must also be raised during the appeal process. Any allegation of discrimination submitted after the appeals process will not have an impact on the outcome of the appeal.

Throughout the process, a Complainant or Respondent may have an Advisor or a Support Person present at any meeting related to the investigation. See Section XV (b) for more information about the role of the Advisors and/or Support Person.

The investigation will be conducted in a manner that is respectful of individual privacy concerns. The Investigator(s) will conduct interviews as necessary, review documents and gather any other relevant information concerning the alleged discriminatory acts. The parties may provide any relevant information to the Investigator(s), including the names of witnesses to contact and/or documents to review at any time before the investigation is closed. The Complainant and Respondent will have an equal opportunity to be heard, to submit information, and to identify witnesses who may have relevant information. Witnesses must have observed the acts in question or have information relevant to the incident and cannot be participating solely to speak about an individual's character. Investigator(s) will review and determine the weight and materiality of all submitted information, including the necessity of interviewing potential witnesses.

All individuals will also be treated with appropriate sensitivity and respect by all involved parties. To this end, the Office of Title IX and the Office of Equal Opportunity require that communications, whether written or spoken, refer to all individuals by their name(s), their role in the investigation ("Complainant," "Respondent," "Witness/Interviewee"), or by their official title ("Dean," "Professor," "Dr.," etc.). The Office of Equal Opportunity and the Office of Title IX will not tolerate the use of offensive, derogatory, or accusatory terms in reference to any person. Such terms may include, but are not limited to, "liar," "rapist," "racist," "accuser," or sexually derogatory terms. At their discretion, the Director of Equal Opportunity, the Director of Title IX, and/or the Investigator(s) may refuse to accept communications or submissions from the parties where such terms are used to describe another person. Alternatively, these same administrators may exercise the discretion to accept such communications or submissions for consideration after editing the content to refer to the individual by an appropriate name, role or title. However, nothing in these Procedures shall prohibit the Director of Equal Opportunity, the Director of Title IX, and/or the Investigator(s) from accepting materials containing such offensive, derogatory or accusatory terms as material evidence to evaluate the allegations under investigation (e.g. past documentation or communications between individuals, which are relevant to the allegations).

In general, a Complainant's prior sexual history is not relevant and will not be admitted as evidence during an investigation. Where there is a current or ongoing relationship between the Complainant and the Respondent, and the Respondent alleges that consent was given, the prior sexual history between the parties may be relevant to assess the manner and nature of communications between the parties. As noted in other sections of these Procedures, however, the mere fact of a current or previous dating or sexual relationship, by itself, is not sufficient to constitute consent. Any prior sexual history of the Complainant with other individuals is typically not relevant and will not be permitted except under limited exceptions.

In gathering the facts, the Investigator(s) may consider prior allegations of, or findings of responsibility for, similar conduct by the Respondent to the extent that such information is relevant. The determination of relevance will be based on an assessment of whether:

• The previous allegation or incident was substantially similar to the present allegation;

• The information indicates a pattern of behavior and substantial conformity with that pattern by the Respondent; or

• The Respondent was subject to a previous credible allegation and/or previously found responsible for a policy violation.

Any party seeking to introduce information about prior sexual history or pattern evidence should bring this information to the attention of the Investigator(s) at the earliest opportunity. The University, through the Investigator(s), may choose to consider this information, with appropriate notice to the parties. Where a sufficient informational foundation exists, the Investigator(s), in consultation with the Title IX Coordinator or Equal Opportunity Director, will assess the relevance, form and reliability of the information (hearsay will not be permitted) and determine if it is appropriate for inclusion in the written investigation report.

The Investigator(s) has the discretion to consolidate multiple reports against a Respondent into one investigation if the evidence related to each incident would be relevant and probative in reaching a determination on the other incident.

The University's failure to meet any of the time frames outlined within these Procedures, or to provide written notice of the extension of these time frames, in no case shall be grounds for dismissing any allegations; nor shall it limit the University's ability to complete an investigation, issue findings, impose Outcomes, enact corrective or disciplinary actions, or limit the University's ability to take any other required administrative action under these Procedures. At the request of law enforcement, the University may agree to defer its Title IX fact-gathering until after the initial stages of a criminal investigation. The University will nevertheless communicate with the Complainant regarding Title IX rights, procedural options and the implementation of interim measures to assure the safety and well-being of all affected individuals. The University will promptly resume its Title IX fact-gathering as soon as law enforcement has released the case for review following the initial criminal investigation.

To help ensure that the investigation can be completed in a timely manner, the University has established time limits for each component of the investigation after a Complainant has decided to participate. The time frames do not change the fact that Complainants and Respondents have the right to determine whether, and to what extent, they will participate in the investigation. It should be noted that the investigation will move forward at the time limit for each stage of the investigation whether or not the noticed individual completes the identified component of the investigation.

After the University decides to move forward with an investigation and the Complainant's initial interview is completed, the Respondent will be notified by Title IX or Equal Opportunity staff that an investigation has been initiated. Respondent will be notified in writing and invited to an informational meeting to review the process and the resources available to them throughout the process. Each Respondent wishing to participate in an informational meeting will have five (5) business days after receiving notice to complete the informational meeting with the Supervising Director before the investigation moves forward.

After completing the informational meeting, the Respondent will be invited to complete an initial interview with an Investigator(s). The initial interview must be completed within ten (10) business days of the request or the investigation will move forward without the Respondent's initial interview.

In most cases, Investigator(s) will have follow-up questions for the Complainant and Respondent after their respective initial interviews. Each participant will have three (3) business days to complete any follow-up interview requested by an Investigator(s). Follow-up interviews may be completed by phone. If a follow up interview is not completed within the three (3) business days of the request by the Investigator(s), the investigation will move forward without the follow-up interview.

An extension of a deadline for exigent or emergency circumstances may be requested in writing from the Supervising Director, who will have sole discretion to grant or deny the extension. The Supervising Director may require proof to verify the emergency or exigent circumstance on which the request is based.

Information gathered during the review or investigation will be used to evaluate the responsibility of the Respondent, provide for the safety of the Complainant and the University campus community, and take appropriate measures designed to end the prohibited conduct, prevent its recurrence and address its effects.

i. Investigation Report

At the conclusion of the investigation, the Investigator(s) will prepare a written report that summarizes the information gathered during the investigative process. In preparing the report, the Investigator(s) will review all facts gathered to determine whether the information is material to the determination of responsibility given the nature of the allegation. In general, the Investigator(s) may exclude information that is immaterial. The Investigator(s) may also exclude statements of personal opinion, rather than direct observations or reasonable inferences from the facts, and statements as to general reputation for any character trait, including honesty.

Generally, external investigations or reports, including but not limited to those conducted by private investigators and polygraph examiners, are not accepted as part of the process outlined in these Procedures.

Before the report is finalized, as permitted by FERPA, the Complainant and Respondent will be given the opportunity to review the preliminary report and offer written comment to the report. Each party will have five (5) business days from the time they receive notice that the preliminary report is ready for review to complete their review of the preliminary report. A Complainant and Respondent may submit any additional comment or evidence to the Investigator(s) within five (5) business days of the opportunity to review the report.

Where the Investigator(s) receive information that warrants further investigation or review, they may extend the investigation in order to collect additional information. If an investigation is extended for this purpose the parties will be notified in writing. Following such an extension, the Investigator(s) will issue an amended preliminary report, which shall again be available to the Complainant and Respondent for review and comment for five (5) business days. The decision to extend the investigation shall be at the discretion of the Investigator(s), in consultation with the Supervising Director(s).

At the conclusion of the review period for the preliminary report, the Investigator(s) will make a finding as to whether there is sufficient information to establish by a preponderance of the evidence that a policy violation occurred.

The final written report will include the determination of responsibility and the rationale for the determination.

ii. Possible Conclusions

There are two possible conclusions to an investigation:

1. It is more likely than so that a policy violation occurred.
2. It is less likely than so that a policy violation occurred.

Regardless of whether or not there is a violation of the policy, the reviewed behavior may warrant educational outreach or other action by the University.

Once the investigation report has been finalized, a member of the Office of Equal Opportunity & Office of Title IX will issue a letter of determination indicating whether or not a policy violation occurred. This letter of determination shall be sent simultaneously to the Complainant, the Respondent, and the responsible administrators. Responsibility determinations are based on a preponderance of evidence standard. This letter will contain only a summary of the findings. Where applicable, the letter will also contain information on where the matter is being referred for corrective action or Outcomes. The full rationale for the findings, including an analysis of the available information, will be contained within the Final Investigative Report, which will be available to the parties for review by appointment in the office.

The Complainant or Respondent may also request an appointment to speak (either in person or over the telephone) with a member of the Office of Equal Opportunity & Office of Title IX to discuss the investigative finding(s). This may or may not occur simultaneously based on the requests and availability of the parties. The report includes determinations regarding responsibility for violating these Procedures, as well as any other University policies identified during the investigation.

iii. Investigative Finding

1. No Violation of Policy

Where there is no violation of policy, the parties will be notified pursuant to this policy, and if the Respondent is a student, no further action by the Office of Equal Opportunity, the Office of Title IX or the Office of Student Conduct will be taken unless the decision is appealed. If the Respondent is an employee, the responsible administrator will be notified. That individual, in consultation with Employee Relations, will determine if any further action is necessary.

2. Violation of Policy

Where there is a determination of responsibility for a policy violation, or in other circumstances where corrective action might be warranted, the Office of Equal Opportunity & Office of Title IX will refer the matter to the appropriate administrator(s).

X. Corrective Action for Employees and Other Non-Students as Respondents

A. Disciplinary Authority

In consultation with Human Resources, the Respondent's supervisor or other responsible administrator will be responsible for deciding upon the corrective action. The supervisor or other responsible administrator will be responsible for imposing identified corrective action as soon as reasonably possible, usually within ten (10) business days after receiving the final determination, unless extenuating circumstances apply. The Respondent's supervisor or Human Resources shall also notify the Supervising Director of the corrective or disciplinary action imposed. To the extent applicable, matters involving faculty shall be governed by the provisions contained in the Policies and Procedures Relating to Faculty Appointment, Promotion and Tenure.

XI. Disciplinary Action for Students as Respondents

A. Referral to the Outcome Council

Where a determination of responsibility for violating the Equal Opportunity & Title IX Policies and/or the Honor Code and Student Conduct Policies has been made, the Office of Title IX or the Office of Equal Opportunity refers cases to the Outcome Council. Either the Vice Chancellor of Campus Life and Inclusive Excellence, the Provost or their designee will convene an Outcome Council review, typically within five (5) business days. The Supervising Director, Investigator(s) or designee will issue written notice in the form of a Letter of Determination to the Complainant and the Respondent, informing them that the matter is being referred to the Outcome Council in Student Conduct. To see the most current version of the Honor Code and Student Conduct Policies and Procedures, got to http://www.du.edu/studentlife/studentconduct/honorcode.html.

B. Outcome Council

1. Outcome Council Composition

The Outcome Council is the body responsible for making a neutral and impartial review of investigations and findings, and imposing Outcomes (sanctions). It is not a hearing body. It meets independently to complete its review and make its determinations. Typically, the Outcome Council will be comprised of three (3) University community members, including the Director of Student Conduct (or his/her designee), the Director of Graduate Student Services (or his/her designee) and an appointed faculty member or similar University employee, appointed by the Vice Chancellor for Campus Life and Inclusive Excellence or Provost. Any individual designated by the University must have sufficient training or experience to serve in this capacity. All Outcome Council members have specific training and experience in adjudicating allegations of harassment and discrimination, sexual harassment, sexual violence, relationship violence, and stalking.

In order to be eligible to serve on the Outcome Council, individuals must meet the following requirements:

a. Faculty must have been employed by and taught courses at the University for at least one academic year. Faculty must also have taught at least one course within the two most recent academic terms.

b. Staff must be currently employed full-time.


Outcome Council members have the following expectations:


a. Approach each case without any preconceived ideas of the responsibility of the parties involved prior to reading the Investigative Report.

b. Thoroughly review all case materials prior to the Outcome Council being convened.

c. Impose clear and proportionate Outcomes for those found to be responsible for violations of University policy.

d. Individual board members are compelled to offer input during the deliberation process, allow for fellow members to be heard, and consider differing views before a decision is reached.

e. Remove themselves from a particular Outcome Council if there is a potential conflict of interest.

The Outcome Council must be comprised of neutral and impartial decision-makers. The Respondent(s) and Complainant(s) will be notified of the Outcome Council members who will be serving and have the right to object to the participation of any member based on a significant, demonstrable bias. Such objections are due, with supporting information, to the administrator designated in the notice within two (2) business days. The designated administrator will review any concerns and determine if there is any merit to the assertion that an Outcome Council member may not be an objective, impartial, unbiased decision maker. The Respondent(s) and Complainant(s) will be notified if any changes to the Outcome Council composition have been made. If a new Outcome Council member has been designated, Respondent(s) and Complainant(s) will have one (1) business day to submit any objections to the new member to the designated Associate Provost for review.

2. Outcome Council Procedures

When an Outcome Council is convened, the following procedures will be followed:

a. The Outcome Council is officially called to order.

b. The Outcome Council members review the specific finding(s) and policy violation(s).

c. The Outcome Council members may request additional information or clarification from the Equal Opportunity Investigator(s) and/or University Counsel.

d. The Outcome Council makes determinations regarding appropriate sanctions.

C. Imposition of Outcome

The Outcome Council will consider the imposition of sanctions designed to eliminate the misconduct, prevent its recurrence and remedy its effects, while supporting the University's educational mission and obligations under all applicable policies and laws (including Title VII, Title IX, ADA, ADEA, and state/local anti-discrimination laws). Sanctions or interventions may also serve to promote safety or deter individuals from similar future behavior.

The Outcome Council is responsible for determining the appropriate sanction(s). The Outcome Council may impose any sanction deemed appropriate after a consideration of all of the relevant information.

The primary objectives when considering Outcomes include:

• Protecting the University of Denver community;
• Bringing the discriminatory conduct to an end;
• Taking steps reasonably calculated to prevent the future reoccurrence of the discriminatory conduct; and
• Restoring the Complainant to his or her pre-deprivation status, to the extent practical and possible.

In determining Outcomes to meet these objectives, the following criteria are considered:

• Nature and severity of the act;
• Number of Complainants;
• Prior Student Conduct history of the Respondent(s);
• The Council's assessment of the effect of the act or policy violation has on the Complainant(s), community and University environment; and
• Complainant(s) and community safety.

The imposition of sanctions will take effect immediately and will not be placed on hold pending the resolution of the appeal.

D. Range of Outcomes

Outcomes are assigned for the entirety of the incident(s) under review, not for each violation. All Outcomes will include a "Status" Outcome and at least one appropriate "Educational" Outcome. Violations of the non-consensual sexual contact provision of these Procedures typically result in a dismissal and do not include an Educational Outcome.

1. Status Outcomes are those which define the student's status at the University. These include the following:

a. Warning. A warning is given to notify a student that his/her behavior has been inconsistent with the expectations of the University. A warning has no immediate effect upon a student's status at the University. However, once given a warning, students should expect different Outcomes to result from any subsequent violations.

b. Student Conduct Probation. Probation serves to notify a student that he/she must avoid any further violations of the Student Conduct Policies for a specified period of time in order to remain a student at the University. Students on probation are not in good standing with the University; as a result, certain co-curricular activities may be prohibited to a student while on probation. Any further violations while on probation may result in a student's suspension or dismissal from the University.

c. Deferred Suspension. Deferred Suspension serves to notify a student that they must avoid any further violations of the Student Conduct Policies for a specific period of time in order to remain a student at the University because his/her behavior has not met the standards expected by students. Different than Student Conduct Probation, when a student on Deferred Suspension is alleged to be involved with any subsequent violations of policy, the student will be issued an Interim Suspension until their responsibility in the subsequent incident can be determined. Students on Deferred Suspension are not in good standing with the University; as a result, certain co- curricular activities may be prohibited. If found responsible for any further violations of policy while on Deferred Suspension, a student will likely be dismissed from the University.

d. Suspension. A student who has been suspended from the University may not participate in any University activities, academic or otherwise, for a specific period of time, and will be restricted from all University premises and activities. A suspended student who wishes to re-enroll must apply for re-entry to the University and must also apply to the Director of Student Conduct. The Director of Student Conduct will determine whether any and all requirements for readmission have been satisfactorily completed. The University does not accept courses completed at another institution while the student is suspended.

e. Dismissal. A student who has been dismissed from the University is permanently prohibited from participating in any University activities, academic or otherwise, and will be restricted from all University premises and activities.

2. Educational Outcomes may be assigned in order to facilitate the educational process. These Outcomes are intended to encourage reflection on the impact of the decisions the student has made and help students develop the skills necessary to be successful at the University of Denver. Types of "Active" Outcomes include, but are not limited to:

a. Written Assignments. A student is required to write a reflection paper, maintain a journal, write a review of a policy, etc.

b. Worksheets. A student is required to answer a series of questions designed to help them evaluate the decisions that led to the violation and avoid making similar decisions in the future.

c. Programs & Activities. A student is required to complete community service hours, attend a program, design a poster board, etc.

d. Interventions. A student is required to undergo a counseling assessment, complete a drug and/or alcohol treatment program, attend a workshop, etc.

e. Restrictions. A student is restricted from contacting one or more individuals, hosting guests on campus, using the University computer network, etc.

f. Referrals. The student is referred to another process, such as mediation or counseling, to resolve some of the issues resulting from the violation.

Failure to complete any Active Outcome by the specified deadline will result in a hold being placed on a student's registration account with the University, and may result in further action.

E. Notice of Outcome

Once the Outcome Council has rendered a finding, a member of the Outcome Council will offer the Respondent(s) and Complainant(s) the opportunity to meet individually to share the Outcome decision made. This meeting will be scheduled within two (2) business of the Outcome Council, and may occur simultaneously based on the availability of the parties.

At this meeting, Written Notice to the Respondent(s) and Complainant(s) will be provided and will include the Outcome determinations. The Respondent(s) will be informed of any sanctions, the date by which the requirements must be satisfied (if applicable) and the consequences of failure to satisfy the requirements. The Complainant(s) will be informed of any sanctions that directly relate to the Complainant(s). The outcome letter will also provide each party with their appeal options.

To meet the objectives of the Outcome Council, in the event that a Respondent is suspended or dismissed, the Respondent shall be immediately removed from the campus community while any appeals process takes place. Should the Respondent successfully appeal the Outcome Council's decision, the University will make every reasonable effort to return the Respondent to his or her previous status.

F. Group Infractions

When members of a student group, organization, or team, or other individuals acting in concert violate these Procedures, they may be charged as a group or as individuals, and an investigation may proceed against the group as joint Respondents or against one or more involved individuals, as appropriate given available information and the circumstances.

A student group, organization, or team's officers and membership may be held collectively and individually responsible when violations of this policy by the organization or its members take place at organization sponsored events, have received the consent or encouragement of the organization or of the organization's leaders or officers, or if the violations were known or reasonably should have been known to the membership or its officers.

In any such action, separate Outcome Councils will be convened for each Respondent. However, each Outcome Council may comprise the same members. Sanctions may be assigned collectively and individually and will be proportionate to the involvement of each individual.

G. Records

When the Office of Equal Opportunity and the Office of Title IX matters involve at least one student Respondent, a Student Conduct Record will be created. Student Conduct will be responsible for maintaining all official University records related to student conduct. A student's record will include copies of all cases in which a student is charged with violating at least one Student Conduct Policy, including Office of Equal Opportunity and Office of Title IX policies and procedures, as well as copies of correspondence and other documentation related to the case.
The policies regarding the retention of Student Conduct Records are as follows:

1. Student Conduct files will be maintained for a period of no less than seven years following the most recent finding of violation.

2. Student Conduct files of students who have been dismissed from the University will be kept indefinitely.

3. The University will retain, as necessary, appropriate statistical information related to policy violations in order to comply with legislative reporting requirements.

Release of Records: Numerous members of the DU faculty and staff receive requests from students or former students to complete forms that include a request for information about Student Conduct Records at the University. These forms typically serve the following purposes: undergraduate transfer to another institution; graduate/professional/law school admission; admission to the Bar (by state); security clearances for employment (typically federal); etc. Access and release of Records of Student Conduct proceedings are governed by applicable FERPA and other privacy laws.

Public Notification Policy. The University recognizes the shared interest of the greater community in the resolution of Student Conduct matters. Student Conduct will update their website on an annual basis with statistics on the Student Conduct Process. These statistics may include the number of students found responsible for violating each of the Student Conduct Policies, including the Office of Equal Opportunity and Office of Title IX policies, as well as a summary of the Outcomes assigned in the Student Conduct Process, including through the Outcome Council.

XII. Appeals under these Procedures

A. General Provisions

Employees may appeal a finding issued under these Procedures by following the process outlined in this section.
Additionally, employees may appeal corrective action issued as a result of the finding under these Procedures as follows:


1. Faculty or staff members who receive corrective action pursuant to these Procedures may appeal said corrective action;

2. Corrective action issued against faculty members who are subject to the Appointment, Promotion and Tenure guidelines may also pursue the applicable appeal rights subject to the provisions of those guidelines; or

3. Corrective action issued against employees who are subject to a collective bargaining agreement must pursue their appeal rights pursuant to that agreement.


Students may appeal a finding issued under these Procedures as well as the determination imposed by Outcomes Council by following the process outlined in this section.

B. Grounds for Appeal under these Procedures


Appeals under these procedures will be considered on the following grounds:

1. The existence of procedural error(s) so substantial that it would likely alter the investigative findings and ultimate Outcomes, including concerns of bias or discrimination on the part of an Investigator(s) or Supervising Director;

2. Presentation of new and significant evidence which was not reasonably available at the time of the initial investigation and would likely alter the investigative findings and ultimate Outcomes; and/or

3. Where the Respondent is a student, the Outcomes imposed are substantially disproportionate to the violation.
Mere disagreement with the decision is not grounds for appeal under these procedures. The appellate process shall not re-hear a matter in part or in its entirety. Therefore, appellate officers under these procedures may review the written report and written information submitted by the parties on appeal, but will not engage in independent fact finding such as interviewing the parties or other witnesses.

Further, concerns of bias or discrimination on the part of an Investigator(s) and/or Supervising Director must be presented on appeal to be considered in the determination of the appeal. Complaints regarding bias or discrimination filed after the appeals process is concluded will have no impact on the findings of the investigation or the results of the appeal.

C. Appeal Determinations

There are four possible determinations that may result from an appeal under these procedures.

1. Uphold the original investigative findings;

2. If the appellate officer determines that new evidence should be considered, the report will be returned to the Office of Equal Opportunity or the Office of Title IX to be reviewed in light of the new information.

3. If the appellate officer determines that a material procedural error occurred, the appellate officer may return the report to the Office of Equal Opportunity or the Office of Title IX with instructions to reconvene the investigative process to cure procedural error. In rare cases where the procedural error cannot be cured by the Office of Equal Opportunity or the Office of Title IX (as in cases of bias), the appellate officer may order a new review of the matter.

4. If the respondent is a student, and the appellate officer determines that the outcome(s) imposed are disproportionate to the violation, the appellate officer may return the matter to the Outcomes Council with or without recommendations.

Appellate officers will issue their determinations in writing within ten (10) working days of the requested appeal. In extenuating circumstances, the appellate officer may notify the parties in writing that he/she needs additional time to issue a determination. Appeal determinations will be communicated to the parties in writing and copied to the office issuing the original finding. Appeal determinations are final.

D. Process for Filing an Appeal:

1. Appeals Process When the Respondent is an Employee:

When the Respondent is an employee, the appellate officer for investigative findings is the Vice Chancellor of Human resources or his/her designee.

Either party may file an appeal by submitting the request in writing to the Vice Chancellor for Human Resources within five (5) business days of receiving the Letter of Determination. An extension of these deadlines may be requested if extenuating circumstances arise. Such a request must be submitted in writing to the Vice Chancellor for Human Resources prior to the original deadline for appeal.

If an appeal is received, both parties involved in the matter will be notified. The appellate officer reserves the right to forward any and all portions of the appeal to the other party(s) as needed in order to address matters raised in the appeal. In such situations, the other party(s) will be given the opportunity to submit a written response, which will only be considered when provided to the appellate officer within the expressed deadline. In any request for an appeal, the burden of proof lies with the party requesting the appeal, as the original determination and sanction are presumed to have been decided reasonably and appropriately. The appeal is not a new review of the underlying matter. The appellate officer will issue a determination within ten (10) business days of receiving an appeal request. If the appellate officer requires additional time to make the determination, the parties will be notified.

2. Appeals Process when the Respondent is a Student

Appeals by Students


Appellate officers for students may be the Provost, or the Provost's designee, or the Vice Chancellor of Campus Life and Inclusive Excellence, or the Vice Chancellor's designee.

Undergraduate and graduate students may appeal the investigative findings and/or assigned Outcomes by submitting a written appeal by the means identified in the written notice within five (5) business days of the date that the Outcomes are issued by the Outcomes Council (or date of the Letter of Determination in cases that do not result in the imposition of outcomes. The submission must state the specific grounds for appeal. Where the appeal is on the grounds of new, previously unavailable evidence, the evidence must be submitted with the written appeal.

While the Respondent may review the final investigative report as part of the appeal process, the appeal deadline is calculated from the date that the Outcomes (or Letter of Determination in cases that do not result in the imposition of outcomes) are issued, and not from the date that the Respondent or Complainant chooses to review the final investigative report. Accordingly, participants are encouraged to make arrangements to review the report with the Office of Equal Opportunity or Office of Title IX at their earliest convenience. The appeal deadline will not be extended due to a participant's failure to review the report in a timely manner.

XIII. Additional Considerations

A. Statement of Expectations for All Parties

Throughout their involvement in the Office of Equal Opportunity or the Office of Title IX's investigative process, the consideration of discipline, and/or appeal proceedings, the Complainant and Respondent, have the rights and responsibilities listed below.

• The right to be treated with dignity and respect.
• The right to be informed of the Discrimination and Harassment Policies and Procedures and other University Policies that are involved.
• The right to a prompt and thorough investigation.
• The right to object to the participation of the assigned Investigator(s), a member of the Outcome Council, or an appellate authority based on a significant, demonstrable bias.
• The right to request reasonable assistance and support (i.e., for disability, language barriers, or location/proximity concerns) to ensure full participation in the process. Requests must be received in a timely manner, 24 hours before any meeting time.
• The right to privacy throughout the process to the extent possible and with the exception of University administrators that legitimately need to know status of the process.
• The right to be free from intimidation and retaliation and, upon request, to have reasonable steps taken by the University to prevent unnecessary or unwanted contact with involved parties. The University reserves the right to make the determination as to whether any such steps should be taken.
• The right to written notification of a pending investigation resulting from a report concerning a potential violation of these Procedures. The right to share information in support of his/her own perspective during the investigative process.
• The right to provide the names of other individuals, during the investigative process, who have information directly relevant to the incident.
• The right to have a support person of his or her choice present throughout the process. The support person is a non-participating and silent observer.
• The right to seek the advice and assistance of an attorney at his or her own expense. The attorney may accompany the party to any meeting or proceeding under these Procedures as an advisor, but the attorney is a non-participating and silent observer.
• The responsibility to notify his or her support person of the time, date and location of any meeting associated with the investigative process. Meetings need not be rescheduled to accommodate a support person.
• The responsibility to provide notification that a support person will be present for meetings no later than 48 hours before the scheduled meeting. Failure to provide names prior to the meeting may be grounds to exclude a support person.
• The responsibility to ensure the University has been provided with accurate address and other contact information so that notification is not unduly delayed.
• Responsibility to promptly open and read any communication from the Office of Equal Opportunity, the Office of Title IX, Student Conduct, or any other University Administrator involved in the investigative process.

B. Advisors and Support Persons

Advisor
During any investigation, the Complainant and Respondent have the right to be assisted by an advisor of their choice. The advisor may accompany the Complainant or Respondent to any meeting with an Investigator(s) or a University employee or other proceeding. Any person who serves as an advisor should plan to make themselves available for meetings throughout the process.

Support Person
The Complainant and Respondent have the right to be assisted by a support person of their choice. The support person is someone who can provide emotional, logistical, or other kinds of assistance. The support person may be present at proceedings to assist parties by taking notes, organizing documentation, or providing emotional support and reassurance.

Advisors and support persons may be present at any meeting or proceeding and may consult directly with the individual they are advising or supporting in a way that does not disrupt or delay any proceeding. Advisors or support persons may not be witnesses, present information on behalf of any person, submit documents on behalf of any person, discuss any matter directly with University administrators or Investigator(s) in the absence of the supported person, represent any person or position, or otherwise actively participate in any proceeding. Advisors and support persons may not attend a proceeding in the absence of the person they are advising or supporting. Advisors or support persons who act in a manner contrary to these guidelines or otherwise disrupt any proceeding may be excluded from that proceeding and/or future proceedings.

C. External Agreements

The University will not recognize or enforce agreements between the parties outside of these Procedures. The University will recognize, however, any lawful order of a local, state or federal law enforcement or similar agency, or any lawfully issued protective or other order of a court or similar authority with appropriate jurisdiction and authority.

D. External Complaints

An individual who believes that he or she has been subjected to unlawful discrimination, harassment or retaliation has the right to file a complaint with an appropriate local, state or federal agency, such as the Department of Education Office of Civil Rights, the Equal Employment Opportunity Commission or the Colorado Civil Rights Division, within the agency's applicable time limits.

In addition, any person who is dissatisfied with the University's internal procedures utilized for handling complaints, or with the result of the investigation or the sanctions imposed, may seek redress through these means to the extent allowed by law. The Complainant should be aware that filing a complaint with the Office of Equal Opportunity & Office of Title IX or any other University office does not extend or postpone the deadline for filing with external agencies.

XIV. Education and Prevention Programs

The University is committed to offering educational programs to promote awareness of discrimination, harassment, sexual harassment, sexual violence, relationship violence, stalking, and retaliation. Educational programs include an overview of the University's policies and procedures; relevant definitions, including prohibited conduct; discussion of the impact of alcohol and illegal drug use; consent; safe and positive options for bystander intervention; review of resources and reporting options available for students, faculty and staff; and information about risk reduction. Incoming first year students, new graduate students and new employees will receive primary prevention and awareness programming as part of their orientation. Returning students and employees will also have ongoing opportunities for training and education. The University's Office of Equal Opportunity and Office of Title IX, the Center for Advocacy, Prevention and Empowerment, and the Office of Health Promotion maintain an education and prevention calendar and tailor programming to address campus needs and climate.

XV. Revisions

Pursuant to University of Denver Policy 3.10.010, Discrimination/Equal Opportunity, these procedures may be updated at any time as necessary to comply with applicable local, state and federal law or directives from relevant government agencies. Such updates will be made subject to approval from the Provost and the Vice Chancellor for Business and Financial Affairs and upon publication to the University community.