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Student Behavioral Expectations & Responsibilities Resolution Procedure

Application

This procedure applies to students within the Colorado Community College System, including its Colleges (CCCS or System). This procedure applies to violations of the Code of Student Behavioral Expectations and Responsibilities (Code) (Appendix A).

Basis

If a student is alleged to have violated the Code, this procedure outlines the steps that can be taken in resolving the matter. Students reported to have violated the Code be given the opportunity to participate in the behavioral expectations and responsibilities process. The procedure aims to engage students in a restorative, fair, educational, and developmental process, and to prevent future occurrences of student misconduct.

Definitions

For definitions applicable to this procedure, refer to Appendix B.

Jurisdiction

This procedure applies to behaviors from students that take place on a CCCS campus, at CCCS sponsored events, and may also apply to off-campus and to online behavior when the Senior Student Affairs Officer (SSAO) or designee determines that the off-campus or online behavior affects a substantial CCCS interest. A substantial CCCS or College interest includes, but is not limited to the following, when the circumstances are such that there is a disruption to CCCS or College operations, a significant negative impact to the campus community, or a detriment to the educational interests of the System or College:

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

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

Equity Statement

The Colorado Community College System is committed to a procedure of equity and justice. We accept the responsibility to create an environment free from discrimination.

Procedure
Initiating a Conduct Process

Any member of the System community may allege a violation by any student of the Code by reporting the matter to the appropriate SSAO. The SSAO manages reports of Code violations made under this procedure and may delegate this responsibility. Students, faculty, instructors, staff, authorized volunteers, and guests are encouraged to report behavior that potentially violates the Code or that may be criminal in nature. Formal reports can be made by completing a College incident report. If the conduct is believed to be criminal in nature, the SSAO should immediately report the alleged violation to campus law enforcement or security or external law enforcement.

There is no time limit on reporting violations of the Code; however, the longer someone waits to report, the harder it becomes for College officials to obtain information and witness statements and to make determinations regarding alleged violations. Anonymous complaints are permitted, though doing so may limit the College’s ability to investigate and respond to a complaint effectively.

Complaints, concerns, or reports without reasonable cause will not be pursued. Upon receipt of the report, the SSAO or designee shall review the matter to determine if it alleges sufficient information to support reasonable cause that a violation has occurred. If so, the SSAO shall promptly notify the Complainant (if any) and the Respondent in writing of the allegations and any interim action that is being imposed. Should a student withdraw from the institution prior to the conclusion of the conduct process, the College will proceed with or without the student’s involvement.

The SSAO will identify a conduct resolution pathway as outlined below based on the nature of the allegations and input from the involved parties. Decisions made by the SSAO shall be final unless subject to appeal. Any outcomes and restrictions imposed take effect immediately unless the SSAO agrees to delay or stay the outcome.

Proceedings initiated under this procedure are separate from civil or criminal proceedings that may relate to the same incident. Investigations or conduct proceedings by the College are not postponed while criminal or civil proceedings are pending unless otherwise determined by the SSAO.

Interim Actions

The SSAO, in consultation with appropriate administrative personnel, may implement interim actions intended to protect the safety and well-being of the CCCS community; preserve CCCS property; address the effects of the reported behavior; and prevent further violations while the matter is under review or investigation. Interim actions may include, but are not limited to:

1. Interim No Trespass: The SSAO may issue a “Cease Communications,” “No Contact,” and/or “No Trespass,” directive, also referred to as a persona non

2. Interim Suspension: This interim suspension includes attending classes and events pending a final outcome. This interim suspension begins immediately upon notice from the SSAO. In cases where a student is banned from campus on an interim basis, they will be subject to immediate arrest for trespass if they are on campus until the exclusion has been lifted. A meeting with an SSAO is then scheduled as soon as possible to determine the appropriate conduct resolution pathway.

3. Any other outcome listed in this procedure below may also be imposed on an interim basis.

In all cases in which an interim action is imposed, the individual will be given the opportunity to meet with the SSAO prior to such action being imposed, or as soon thereafter as reasonably possible, to show cause why the interim action should not be implemented. The SSAO shall have sole discretion to implement or stay an interim action, and to determine its conditions and duration. Violation of an interim action may be grounds for imposition of an outcome, up to and including expulsion.

Conduct Resolution Pathways

Alternative Conflict Resolution

The SSAO, in consultation with the involved parties, may determine informally resolving student conduct matters through an alternative conflict resolution process is appropriate to resolve the reported concerns. The primary focus during alternative conflict resolution remains the welfare of the parties and the safety of the CCCS community, but it does not involve a formal investigation.

Alternative conflict resolution, includes, but is not limited to, dialogue, conflict coaching, mediation, restorative justice, or shuttle diplomacy. Alternative conflict resolution works best when students take responsibility for their actions, have a desire to restore the impact created in the incident, and actively participate in deciding and agreeing upon an outcome. If a resolution is reached, the matter will be closed without opportunity for an appeal.

At any time during the alternative conflict resolution process, the SSAO may elect to initiate formal investigation as deemed appropriate to resolve the matter. The parties can elect to cease the alternative conflict resolution process at any time before it concludes and proceed with a formal investigation.

Formal Investigation

Where formal investigation is designated, the SSAO shall investigate the allegations, provide the Respondent an opportunity to be heard, and render a decision as outlined below:

    1. Investigation: The SSAO shall provide the Respondent an opportunity to respond to the allegations either by meeting with the SSAO to discuss the allegations or by submitting a written response, or both. The Respondent will have the opportunity to be advised by a personal advisor of their choice, at their expense, at any stage of the process and to be accompanied by that advisor at any meeting. An advisor may only consult and advise their advisee, but not speak for the advisee at any meeting or hearing. The SSAO may remove or dismiss an advisor who becomes disruptive or who does not abide by the restrictions on their participation.

The SSAO may also conduct any other investigation, such as meeting with the Complainant (if any), meeting with other relevant witnesses, and evaluating relevant documents, information, and evidence

    2. Decision: Once the investigation is complete, the SSAO shall render a decision as to whether a violation of the Code has occurred. The determination shall be based on the preponderance of evidence standard: whether it is more likely than not that the student violated the Code. The decision shall address whether alleged conduct occurred; whether and how the conduct violated the Code; and impose an outcome, if appropriate.

    3. Notification of the decision in writing will be provided by the SSAO to the Respondent and any other involved parties, as appropriate. The decision will include information regarding the applicable appeals process. The decision is part of the student’s educational record.

Outcomes

The following outcomes can be implemented by the SSAO as a result of finding a violation in the formal investigation process or as part of an agreed upon alternative conflict resolution. These outcomes are intended to develop an educational and restorative experience for individuals engaging with the conduct process. These outcomes may also be put in place to ensure safety of the individual and/or the CCCS community. Outcomes will be effective immediately upon notice to the student, except that the SSAO may delay or stay the effective date, in their discretion, upon request from the student (e.g., it may be appropriate to stay an outcome pending the resolution of an appeal).

    1. Loss of Privileges: The student will be denied specified privileges for a designated period of time, from one to three semesters or one academic year.
    2. Building/Access Restriction: The student will be denied access to specific campus locations, from one to three semesters or one academic year.
    3. Restriction on Visitation Privileges: Restrictions that may be imposed on a residence hall student or non-residence hall student. The parameters of the restriction will be specified.
    4. Eligibility Restriction: The student is deemed “not in good standing” with the College for a specified period of time, from one to three semesters or one academic year. Specific limitations or exceptions may be granted by the SSAO, and terms of this outcome may include, but are not limited to, the following:
       - Ineligibility to hold any office in any student organization recognized by the College or maintain an elected or appointed office at the College.
       - Ineligibility to represent the College in any way, including, but not limited to participating in the study abroad program, attending meetings, or representing the College at an official CCCS function, event, or intercollegiate competition as a player, manager, or student coach, etc.
    5. No Contact Orders: If a “no contact” order is issued, it is the responsibility of the student not to have any contact with the individual(s) named in the order, directly or through third parties, or electronically/online until the order is officially removed by the SSAO.
    6. College Housing Reassignment: Reassignment to another College housing facility.
    7. Restitution: Compensation for damage caused to the College or any individual’s property. This could also include situations such as failure to return a reserved space to proper condition, including labor costs and expenses. This is not a fine but, rather, a repayment for labor costs and/or the value of property destroyed, damaged, consumed, or stolen.
    8. Referral for Treatment/Assessment: These include, but are not limited to, alcohol or drug education programs, anger management, or other relevant assessment and treatment programs. Some outcomes may include a cost or fee.
    9. College/Community Service Requirements: Completion of a specific supervised College/Community service.
    10. Confiscation of Prohibited Property: Items whose presence is in violation of College policy (pipes, bongs, weapons, etc.) will be confiscated. Prohibited items may be handled, disposed of, or returned to the owner at the discretion of the SSAO.
    11. Educational Program/Project: Requirement to complete an educational or reflection project designed to support students in their understanding of the overall impact of their behavior, or a requirement to attend, present, and/or participate in a program related to the violation. It may also be a requirement to sponsor or assist with a program for others on campus to aid them in learning about the violation for which the student was found responsible. Audience may be restricted.
    12. Warning: An official notice that misconduct has occurred and/or that future specific behavior could result in more severe restrictions, conditions, and outcomes.
    13. Probation: A period of time in which the privilege of continuing as a student is conditioned upon meeting certain requirements. Any violation or failure to comply with restrictions while on probationary status could be escalated for further outcomes, including removal from CCCS. Additionally, students on probationary status typically will be required to meet with SSAO or other College personnel for follow up meetings. Probationary status may range from one semester up to duration of time at CCCS.
    14. Suspension: Separation from a College for a specified minimum period of time, after which the student is eligible to petition the SSAO for permission to return. Eligibility for return may be contingent upon satisfaction of specific conditions. The student is required to vacate the campus immediately upon receipt of notification of a suspension. During the suspension period, the student is restricted from College property, functions, events, and activities without prior written approval from the SSAO. Additionally, students may be suspended from one class period per incident by the responsible faculty member or instructor without triggering this procedure. Any longer suspension must be referred to the SSAO.
    15. Expulsion: Permanent separation from CCCS. The student is banned from CCCS College properties and the student’s presence at any CCCS-sponsored activity or event is prohibited. This action may be enforced with a trespass action as necessary.
    16. No Trespass: The College may issue a “No Trespass” directive, also referred to as a persona non
    17. Other: Additional or alternate restrictions, conditions, or outcomes that promote reflection and holistic student development (e.g., creative expression, community restoration project) may be created and designed as deemed appropriate to the violation.

Appeal of Formal Investigation Decision

A student found responsible for violating the Code through the formal investigation process has a right to appeal if suspension or expulsion are imposed.

If an outcome other than suspension or expulsion is imposed as a result of a formal investigation, a student may request in writing a discretionary appeal to the designated Appellate officer. A request for a discretionary appeal must be in writing and submitted to the Appellate officer within five (5) business days of the notice of decision. The Appellate Officer must notify the student in writing of whether the appeal will be permitted and if permitted, the below appeal deadlines apply from the date of that decision.

All appeals must be made in accordance with procedures outlined in this section.

   1. Important Information about Appeals:

      - The appeal is the final step in the conduct process.

      - An appeal does not provide a second meeting or review of the case. The appeal process will be based on the existing record and the appeal criteria.

      - Situations may occur that shift the time frame of the appeal process. Considerations will be given for extenuating circumstances, including but not limited to, College holidays, family crisis, trauma, and medical/non-medical emergencies. Any extensions are made at the discretion of the SSAO.

      - Students are encouraged to consult with the SSAO and external resources about the appeal process prior to submitting the request for an appeal.

   2.  Appeals Criteria:

A student may only appeal upon one or more of the following grounds:

      - A material procedural error occurred that significantly impacted the outcome of the factual findings, outcomes, or both (e.g., substantiated bias, conflict of interest, or material deviation from established procedures).

      - There is new information, unavailable during the formal investigation that could substantially impact the decision or the outcome. The new information must be included with the student’s request for appeal and the student must show that the new information was not known to them at the time of investigation. Failure to participate in the initial investigation does not constitute new information for the appeal process.

   3. Initial Review of Appeal:

Regardless if a case is appealed, all outcomes imposed in the case will go into effect immediately unless they are officially stayed pending the appeal decision.

Appeals must be filed in writing within ten (10) business days of the notice of the initial conduct decision or decision allowing discretionary appeal. A student may file a written appeal by completing and submitting the College’s appeal form, if applicable, and sending it to the Appellate Officer. It is the student’s obligation to provide any and all materials for consideration at the time of appeal submission. Subsequent information and/or revisions to the appeal after initial submission will not be accepted.

Upon receipt of an appeal, the Appellate Officer shall conduct an initial review to determine if the appeal meets the limited appeals criteria and is timely. The student will receive notification about the decision of the initial review of appeal within five (5) business days of receipt of the student’s appeal. If the appeal is found to meet these criteria, the Appellate Officer shall give written notice to other involved parties, if applicable, to allow the other parties an opportunity to provide a response to the appeal.

   4. Appeal Determination:

If it is determined an appeal meets the appeal criteria, the Appellate Officer will review the appeal.

In reviewing the appeal, the Appellate Officer may only consider the information contained in the record of the case, but may seek clarification of the decision rendered by the SSAO.

Upon review of an appeal, the Appellate Officer shall have the authority to:

• Deny the appeal and affirm the initial decision and outcomes.

• Find that a material procedural error occurred (g., substantiated bias, material deviation from established procedures) that impacted the outcome and refer the case back to the SSAO or an alternate designee with instructions to reconvene the investigation and/or the Appellate Officer may otherwise correct the procedural error.

• Find that the student has presented new information that is material to the decision or outcome of the case. Upon this finding, the Appellate Officer shall conduct or request appropriate additional steps (such as requesting additional investigation by the SSAO) and/or modify the decision and outcome accordingly.

The Appellate Officer will notify the student in writing of the decision, typically within ten (10) business days of completing the review.

During this appeal process, if the Appellate Officer requires additional time, they shall promptly notify the parties.

Student Records

Student conduct records will be maintained in accordance with the Family Educational Rights and Privacy Act (FERPA) and SP 4-80a, Student Educational Records and Directory Information. Generally, student conduct records are sealed seven (7) years after a final decision is delivered in the resolution process, except as required by law. Student conduct records may be sealed earlier by the SSAO upon written request from the student. Conduct records that result in a separation from the College (suspension or expulsion) and those that fall under Civil Rights, to include a Title IX investigation, will be maintained for seven (7) years.

Financial

Students who are suspended or expelled as a result of the conduct process will not receive a refund of any tuition, fees, or other charges, and will be responsible for any outstanding balances owed to the College. Students who are terminated from housing will be responsible for fulfilling their housing and dining contract fees, if applicable.

Retaliation

It is a violation of this procedure to engage in retaliation, such as taking adverse employment or educational action, against any person who reports an incident of a Code violation or because of the person’s participation, or perceived participation, in any aspect of this procedure. Retaliation includes acts to intimidate, threaten, coerce, or discriminate against any individual for the purposes of interfering with any right or privilege provided by this procedure.

Revising this Procedure

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

APPENDIX A - Code of Student Behavioral Expectations & Responsibilities (Code)

Statement

A College community is defined by its values for learning, teaching, and service that reflect academic excellence, holistic student development, and societal impact. To guide student success, the Colorado Community College System (CCCS) has created the Code of Student Behavioral Expectations and Responsibilities (Code), which includes standards of behavior that support an engaged learning environment for all students. The Code embraces the institutional values of integrity, excellence, learning, diversity, intellectual freedom, and equal opportunity, and is rooted in conflict resolution practice to support students in resolving their own conflicts.

Each College’s Student Affairs Division is authorized to enact the Code and utilize the Code procedures to support students while holding them accountable to the behavior that supports the College mission and vision. The outcomes of the student conduct process are designed to assist students in their development, help them think through their moral and ethical decision-making, and realign their behavior with the College’s community expectations. In certain incidents, this may involve separation from the College either temporarily or permanently.

Outcomes are assigned based on the severity of the violation, cumulative conduct history, and educational needs of the student.

Students at each College are provided a copy of the Code and are responsible for reading and adhering to the Code. The Code in no way creates a contractual obligation and CCCS reserves the right to revise the procedure at any time.

Code

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Failure to Comply:

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Group Violations

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

• Violation(s) take place at organization-sponsored or co-sponsored events, whether sponsorship is formal or implied.

• Violation(s) have received the consent or encouragement of the organization or of the organization’s leaders or officers.

• Violation(s) were known or should have been known to the membership or its officers.

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

Amnesty

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

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

APPENDIX B

Definitions

Alternative Conflict Resolution

Alternative conflict resolution is a process of addressing differences that allow everyone involved to find a way to work together. Differences may be personal, financial, employment, political, emotional, or interpersonal. It is an alternative to formal investigation of a reported violation. There are many types of alternative conflict resolutions that may be utilized to work through conflict that may arise. Examples include:

• Dialogue: Students engage in a conversation to gain understanding or to manage a conflict independent of intervention or third-party facilitation.

• Conflict Coaching: Students seek counsel and guidance from the Division of Student Affairs to learn more about their own conflict styles and strategies to engage in conflict in a more effective and independent way.

• Facilitated Dialogue: Students access Division of Student Affairs for facilitation services to engage in a conversation to gain understanding or manage a conflict with another party. In a facilitated dialogue, parties maintain ownership of decisions concerning the conversations or any resolutions of a conflict.

• Mediation: Students access the Division of Student Affairs to serve as a third party to coordinate a structured session aimed at resolving a conflict and/or constructing a resolution agreement for the parties involved.

• Restorative Justice Practices (conferences, circles, and boards): The Division of Student Affairs provides space and facilitation services for students taking ownership for harmful behavior and those parties impacted by the behavior to jointly construct an agreement to restore community.

• Shuttle Diplomacy: A Resolution Coordinator actively negotiates an agreement between two parties who do not wish to directly engage with one another.

Complainant

Complainant is a person who is subject to alleged inappropriate or unlawful behavior. For purposes of this procedure, a Complainant can be a CCCS employee, student, authorized volunteer, guest, or visitor.

Due Process

Due process provides a student reported to be in violation of the Code, a written notice of the allegation of misconduct, time to examine the evidence and formulate a response, and the opportunity to explain their version of events to the SSAO.

Notification

Notification is an email from the SSAO requesting a meeting. The email will be sent to the student’s College issued email address and will outline the incident in question, process, and rights of the student.

Outcomes

Outcomes are assigned and used to develop an educational and restorative experience for individuals engaging with the conduct process. Outcomes may also be put in place to ensure the safety of an individual and/or the campus community.

Preponderance of the Evidence

The standard of proof that shows more likely than not that a violation occurred, based on what a reasonable person would consider. This standard is utilized by the SSAO in the formal investigation process.

Reasonable Cause

Reasonable cause is defined as credible information that, if true, supports the proposition that a violation of the Code has occurred, including information provided by an anonymous source.

Reporting Party

Individual(s) who report an incident of concern and possible Code violation. Reporting parties could be students, faculty, staff, law enforcement, or community members.

Respondent

Individual(s) against whom the report was filed.

Resolution Coordinator

A Resolution Coordinator is a College official who is authorized by the SSAO to coordinate conduct resolution.

Senior Student Affairs Officer (SSAO)

The individual designated by the College President to oversee student affairs and be responsible for administering the Code of Student Behavioral Expectations and Responsibilities. The SSAO may delegate some or all aspects of this procedure to another individual (designee/Resolution Coordinator). All references in these procedures to the SSAO include any designee. *Note: Previously referred to as Chief Student Services Officer (CSSO); other policies and procedures may also refer to this role as CSSO.

Student

Anyone who has been admitted within the prior three terms or who has completed a non-credit or academic course within the prior three terms. Withdrawal does not change student status. Students include those currently taking courses at or sponsored by the College(s), pursuing either credit or non-credit courses (or both), including those concurrently attending secondary or post-secondary institutions and College.

Third Party

An individual or group that are external to the incident or situation that are not directly involved.