Student Handbook

Disclaimer

This Student Handbook (Handbook) contains pertinent information affecting students, current through the date of it issuance.  To the extent that any provision of this Handbook is inconsistent with State or Federal law, State Board of Community Colleges and Occupational Education Policies (BPs) or Colorado Community College System President’s Procedures (SP’s), the law, BPs and SPs shall supersede and control.  BPs and SPs are subject to change throughout the year and are effective immediately upon adoption by the Board or System President, respectively.  Students are expected to be familiar with and adhere to the BPs, SPs as well as College directives, including but not limited to the contents of this Handbook.

To access BPs and SPs, see https://www.cccs.edu/about-cccs/state-board/policies-procedures

Nothing in this Handbook is intended to create (nor shall be construed as creating) an express or implied contract or to guarantee for any term or to promise that any specific process, procedures or practices will be followed or benefit provided by the College.  The College reserves the right to modify, change, delete or add to the information in this Handbook as it deems appropriate. 

Notice of Nondiscrimination

Lamar Community College prohibits all forms of discrimination and harassment including those that violate federal and state law, or the State Board for Community Colleges and Occupational Education Board Policies 3-120 and 4-120.  The College does not discriminate on the basis of sex/gender, race, color, age, creed, national or ethnic origin, physical or mental disability, veteran status, pregnancy status, religion, genetic information, gender identity, or sexual orientation in its employment practices or educational programs and activities.  Lamar Community College will take appropriate steps to ensure that the lack of English language skills will not be a barrier to admission and participation in vocational education programs.

The College has designated Shelly Tombleson/Director of Human Resources as its AFFIRMATIVE ACTION (AA), OFFICER, EQUAL OPPORTUNITY (EO) OFFICER, 504 COORDINATOR, AND TITLE IX COORDINATOR with the responsibility to coordinate its civil rights compliance activities and grievance procedures. If you have any questions, please contact SHELLY TOMBLESON/DIRECTOR OF HUMAN RESOURCES at (719) 336-1572, EOandTitleIX@lamarcc.edu, or 2401 S Main St, Lamar, CO 81052.

You may also contact the Office for Civil Rights, U.S. Department of Education, Region VIII, Federal Office Building, 1244 North Speer Boulevard, Suite 310, Denver, CO 80204, telephone (303) 844-3417.

All LCC customers have access to services, programs, and activities in accordance with the Americans with Disabilities Act of 1990. Special needs requests may be directed to:

Lamar Community College’s Special Populations Coordinator, 2401 South Main, Lamar, CO 81052, 719.336.1533.

Student Code of Conduct

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.

Aiding and Abetting: It is a violation of this Code to actively assist another in violating the Code or covering up the violation after the fact.

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, threating to cause harm, endangering the health and/or safety of any individual, or demonstrating violent behavior.

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

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

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

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

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

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

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

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

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

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

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

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

• Possession of an instrument designed to look like a firearm, explosive, or dangerous weapon is also prohibited by this policy.
• Intentionally or recklessly using and/or possessing a weapon or any other item in such a way that would intimidate, harass, injure, or otherwise interfere with the learning and working environment of the College shall face increased consequences.
• Students, faculty, and staff possessing valid Colorado Concealed Handgun Licenses are permitted to carry concealed 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.

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.

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.

Please note: In most circumstances, Lamar Community College will treat attempts to commit code of conduct violations as if those attempts had been completed.
 

What are Students’ Responsibilities?

Students have the responsibility to:

• adhere to rules and regulations;
• respect the rights of others;
• comply with reasonable requests made by the College;
• pay their bills and meet administrative expectations;
• assume responsibility for their behavior.

LCC Academic Honesty Philosophy

Lamar Community College strives to provide an environment reflective of our Core Values. Academic honesty is interconnected with our core values of integrity and respect. We steadfastly adhere to high moral principles, honesty, and professional standards; we foster the same values in our students. We believe that the intellectual development that occurs in a college setting is the product of each student developing their own original thoughts and creating original materials. As such LCC values Academic honesty as a cornerstone of our institution.

Academic honesty is “a set of values and skills that promote personal integrity and good practice in teaching, learning and assessment.” ¹ Acting with honesty in our academic work demonstrates respect for our faculty and fellow students. By performing all academic work through the values of honesty and respect, we create a community of trust that fosters a learning environment that equips LCC students to intellectually and ethically compete for professional and academic advancement in an ever changing world. They help build a sense of self-confidence and are key to building trust within relationships.²Academic honesty includes but is not limited to performing all academic work without plagiarism, cheating, lying, tampering, stealing, giving or receiving unauthorized assistance from any other person, or using any source of information that is not common knowledge without properly acknowledging the source.³ Academic work includes but is not limited to scholarly work and research conducted by faculty, students and staff.

Academic Misconduct

The College does not tolerate any form of academic misconduct. Even one misconduct infraction can destroy an exemplary reputation that has taken years to build.⁴ Academic misconduct includes, but is not limited to, plagiarism, cheating, fabrication, and knowingly or recklessly encouraging or making possible any act of plagiarism, cheating, or fabrication.

Plagiarism is the act of appropriating another person’s written, artistic, or musical composition, or portions thereof, or ideas, language or symbols, and then conveying material as the product of one’s own mind, without giving credit to the originator.

In written work, direct quotations, statements which are the result of paraphrasing or summarizing the work of another, and other information which is not considered common knowledge must be cited or acknowledged. Quotation marks or a proper form of identification shall be used to indicate all direct quotations.

Cheating is the act of using or attempting to use, in 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, calculators, copying from or conversing with others during an examination (unless such external aids are permitted by the instructor); or having one person do research, write papers, or take examinations for another person. The submission of large portions of the same work as part of the academic work for more than one course can be considered cheating unless such submission is permitted by the instructor.

Fabrication is the invention of material or its source and using either 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; or knowingly attributing material to an incorrect source. See program specific handbook for more information.

Copyright infringement is the act of exercising, without permission or legal authority, one or more of the exclusive rights granted to the copyright owner under section 106 of the Copyright Act (Title 17 of the United States Code). These rights include the right to reproduce or distribute a copyrighted work. In the filesharing context, downloading or uploading substantial parts of a copyrighted work without authority constitutes an infringement. Penalties for copyright infringement include civil and criminal penalties. In general, anyone found liable for civil copyright infringement may be ordered to pay either actual damages or “statutory” damages affixed at not less than $750 and not more than $30,000 per work infringed. For “willful” infringement, a court may award up to $150,000 per work infringed. A court can, in its discretion, also assess costs and attorneys’ fees. For details, see Title 17, United States Code, Sections 504, 505. Willful copyright infringement can also result in criminal penalties, including imprisonment of up to five years and fines of up to $250,000 per offense. For more information, please see the website of the U.S. Copyright Office at www.copyright.gov.

An act of Academic Misconduct will be processed according to the Academic Misconduct procedure, Student Disciplinary Procedure, Board Policy (BP) 4-30; System President’s Procedure (SP) 4-31a.

¹ adapted from https://www.ibo.org/contentassets/71f2f66b529f48a8a61223070887373a/academic-honesty.-principles-into-practice—celina-garza.pdf

² adapted from University of Berkeley Department of Astronomy Statement of Integrity. http://astro.berkeley.edu/prospective-students/integrity-statement

³ adapted from https://ovpi.uga.edu/sites/default/files/uga-academc-honesty-policy-may-07.pdf

⁴ Statement adapted from University of Montana College of Business Academic Honesty Statement https://www.business.umt.edu/ethics/academic-honesty.php

Process for Academic Misconduct

When a student engages in some form of academic misconduct, a faculty member has the autonomy to address the incident directly and immediately.  The faculty member will impose sanctions as consistent with those outlined in his/her syllabus or institutional standards.  These sanctions may include any or all of the following:

1. a zero or an “F” on the work in question;
2. a zero or an “F” for the course;
3. other academic penalties as outlined in the instructor’s course requirements and expectations

Upon a determination of academic misconduct, the faculty member will fill out an Academic Dishonesty Form and submit it the Academic Dean.  Any instance of Academic Dishonesty in an LCC course, whether on-campus or Concurrent Enrollment, must be reported, via a formal Academic Dishonesty form, to the college’s Academic Dean.  The Academic Dean may decide to impose additional sanctions and may notify other LCC employees about the misconduct as necessary.

1. The faculty member will address the specific charge with the student by meeting with the student to discuss the charge, present the evidence, and hear the student’s explanation.
2. If the faculty member determines that the student has committed academic misconduct, the faculty member will inform the student of the consequences of the misconduct and the sanctions the faculty member will impose consistent with those outlined in his/her syllabus or institutional standards. Students who are judged to have engaged in some form of academic misconduct will be subject to any or all of the following:
   • a zero or an “F” on the work in question;
   • a zero or an “F” for the course;
   • other academic penalties as outlined in the instructor’s course requirements and expectations.
3. The faculty member will fill out an Academic Dishonesty Form and submit it to the Academic Dean. Any instance of Academic Dishonesty in an LCC course, whether on-campus or Concurrent Enrollment, must be reported, via a formal Academic Dishonesty form, to the college’s Academic Dean.
4. If a second instance occurs, the Academic Dean will meet with the student to discuss the misconduct and make a determination of any additional sanctions. The Dean will inform the student in writing that this infraction and resulting sanctions will be filed in the Office of the Vice President of Academic and Student Services and will remain a part of the student’s permanent record.
5. The Academic Dean will communicate with appropriate LCC employees about the misconduct to provide additional resources and support to students for prevention of further infractions. Appropriate employees may include, but are not limited to: academic advisors; athletic coaches; college counselors; college navigators; concurrent enrollment high school principals and/or counselors; the Director of Library and Learning Support Services; the Resident Life Director; and student club advisors.
6. After a documented third offense, additional events are subject to the Student Disciplinary Procedure as noted in the Student Handbook. Multiple, recurring or otherwise egregious incidents may result in suspension or expulsion. Students wishing to appeal penalties resulting from the above should follow the Student Disciplinary Appeal process.

Penalties for copyright infringement include civil and criminal penalties. Students determined to have committed copyright infringement, in addition to the above consequences, are also subject to the following penalties:In general, anyone found liable for civil copyright infringement may be ordered to pay either actual damages or “statutory” damages affixed at not less than $750 and not more than $30,000 per work infringed. For “willful” infringement, a court may award up to $150,000 per work infringed. A court can, in its discretion, also assess costs and attorneys’ fees. For details, see Title 17, United States Code, Sections 504, 505. Willful copyright infringement can also result in criminal penalties, including imprisonment of up to five years and fines of up to $250,000 per offense. For more information, please see the website of the U.S. Copyright Office at www.copyright.gov.

Student Disciplinary Procedures

Students are expected to adhere to the Student Code of Conduct and policies and procedures of the College. If a student is charged with violating the College’s Code, he/she is entitled to have these procedures followed in the consideration of the charge.

See Residence Hall Handbook for discipline related to residence hall infractions.

Definitions

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[1]:

• 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 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 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 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.

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 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.

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

Individual(s) against whom the report was filed.

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

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.

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.

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.

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

[1] Nancy G. Giacomini, et al. Reframing Campus Conflict: Student Conduct Practice Through the Lens of Inclusive Conflict Excellence. Sterling, Va: Stylus, 2020.

Procedures

The CSSO or designee shall receive all allegations of student misconduct, investigate the complaints, which includes meeting with the student to give him/her the opportunity to respond to the allegations of misconduct. If the allegations of misconduct are discrimination and/or harassment based on federal or state civil rights laws, the college will investigate those incidents through the Civil Rights Grievance and Investigation Process, System President’s Procedure (SP) 4-31a.

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

The CSSO or designee may decide that the charges can be disposed of administratively by mutual consent of the parties involved on a basis acceptable to them. If an administrative resolution is not achieved, the CSSO or designee shall issue a decision which determines whether the alleged conduct occurred; whether the conduct violated the Code of Conduct or College procedures; and impose a sanction(s) if appropriate. The student shall receive written notice of the decision and be advised of his/her right to appeal the Decision, subject to the grounds below, by filing a written appeal with the CSSO or designee within seven (7) days of service of the Decision.

Appeals

In the event of an appeal, the CSSO or designee shall give written notice to the other party (e.g., if the accused student appeals, the appeal is shared with the complainant who may also wish to file a response), and then the CSSO or designee will draft a response memorandum (also shared with all parties). All appeals and responses are then forwarded to the appeals officer or committee for initial review to determine if the appeal meets the limited grounds and is timely. The original finding and sanction will stand if the appeal is not timely or substantively eligible, and the decision is final. If the appeal has standing, the documentation is forwarded for consideration. Because the original finding and sanction are presumed to have been decided reasonably and appropriately, the party appealing the decision must specifically cite the error(s) in the original determination on which the appeal is based. The ONLY grounds for appeal are as follows:

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

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

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

The procedures governing the hearing of appeals include the following:

• All parties should be timely informed of the status of requests for appeal, the status of the appeal consideration, and the results of the appeal decision;
• If the appeals officer or committee determines there is new evidence or error in the original proceeding, every opportunity to return the appeal to the CSSO or designee for reconsideration (remand) should be pursued;
• Appeals are not intended to be full rehearings of the complaint (de novo). In most cases, appeals are confined to a review of the written documentation or record of the original hearing, and pertinent documentation regarding the grounds for appeal;
• An appeal is not an opportunity for an appeals officer or committee to substitute their judgment for that of the CSSO or designee merely because they disagree with its finding and/or sanctions.
• Appeals decisions are to be deferential to the original decision, making changes to the findings only where there is clear error and a compelling justification to do so.
• Sanctions imposed are implemented immediately unless the CSSO or designee stays their implementation in extraordinary circumstances, pending the outcome of the appeal.
• The appeals officer or committee will render a written decision on the appeal to all parties within four (4) days from receiving the appeal request. The committee’s decision to deny appeal requests is final.

Special Discipline Process Provisions

• In the event that the student is under the age of eighteen or incapacitated, he or she may have an advisor present to assist him/her in presenting his/her case.
• Students do not have the right to be represented by an attorney or law student during these proceedings except in the case where civil or criminal actions concerning the student are pending and in that case the attorney’s role shall be advisory only.
• The student is responsible for presenting his/her own case and, therefore, advisors are not permitted to speak or to participate directly in any hearing except when the student is under the age of eighteen or incapacitated.
• Student shall have the right to identify documents, witnesses and other material he/she would like the CSSO or designee to review before making a final decision.
• Any hearing held shall be conducted in private unless all parties agree otherwise.
• A record of the hearing should be maintained by the CSSO or designee. If student has a disability and would like to request an accommodation to assist him/her through the discipline process they may do so by informing the CSSO or designee. The CSSO or designee will then work with disability support services to accommodate the request.
• Jurisdiction-College disciplinary proceedings may be instituted against a student charged with violation of a law if the violation occurred at the College or college-sanctioned activities or was of such a nature to have an impact on the college and the violation is also a violation of the college’s student code of conduct.
• Proceedings under this procedure may be carried out prior to, simultaneously with, or following civil or criminal proceedings off-campus.
• Standard of proof-the college will use the preponderance of evidence standard in the disciplinary proceedings, meaning, the college will determine whether it is more likely than not a conduct code was violated.
• All sanctions imposed by the original decision maker will be in effect during the appeal. A request may be made to the CSSO or designee for special consideration in exigent circumstances, but the presumptive stance of the institution is that the sanctions will stand. Graduation, study abroad, internships/externships/clinical placements, etc. do not in and of themselves constitute exigent circumstances, and students may not be able to participate in those activities during their appeal. In cases where the appeal results in reinstatement to the institution or of privileges, all reasonable attempts will be made to restore the student to their prior status, recognizing that some opportunities lost may be irretrievable in the short term.
• The procedural rights afforded to students above may be waived by the student.

Retaliatory Acts

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

Revising this Procedure

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

Student Grievances

LCC students must follow this procedure for all standard student grievances.  If the grievance includes a civil rights concern, the student/LCC must follow procedures as outlined in Civil Rights Student Grievances below. 

Definitions

• Complainant(s) is a person who is subject to alleged inequity as it applies to LCC procedures. For purposes of this procedure, a complainant is student who was enrolled at the time of the alleged incident.
• Respondent(s) is a person whose alleged conduct is the subject of a complaint. For purposes of this procedure, a respondent can be an LCC employee(s), authorized volunteer(s), guest(s), visitor(s), or LCC, as a college.
• Grievance: A grievable offense is any alleged action which violates or inequitably applies to LCC procedures. The complainant must be personally affected by such violation or inequitable action.
• Non-grievable matters: The following matters are not grievable under this procedure except as noted: matters over which the college is without authority to act; grades and other academic decisions unless there is an allegation that the decision was motivated by discrimination and/or harassment which should be filed under the appropriate Civil Rights Grievance and Investigation Process (see Civil Rights Grievances and Academic Grievances below for separate processes).
• Chief Student Services Officer/CSSO: Vice President of Student Services or her designee who administer student grievances. The CSSO may delegate the responsibility over student grievances to another person.
• Notice: Notices which are required to be given by this procedure shall be considered served upon the student when given by personal delivery, mailing by certified mail, or email with receipt notification to the address the student has filed with the College’s admissions and records office. If notice is mailed, student shall be given three (3) additional days to respond.
• Day: Refers to calendar day unless otherwise noted below.
• Remedy: The relief that the Grievant is requesting.

Filing a Complaint

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

Procedures

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

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

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

Informal Grievance Process

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

Formal Grievance Process

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

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

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

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

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

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

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

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

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

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

Special Grievance Process Provisions

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

Retaliatory Acts

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

Additional Considerations

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

If the grievance is against the CSSO, the President may designate another person to perform the duties of the Chief Student Services Officer.

Students with complaints also have the right to file a formal complaint with the State Board for Community College and Occupational Education:  

9101 E. Lowry Blvd.

Denver, CO 80230

303-620-4000

https://www.cccs.edu/concerns-hotline/

Students with grievances also have the right to file a formal complaint with the Colorado General Assembly,

200 E. Colfax Avenue, Denver, CO 80203

303-866-2604

comments.ga@state.co.us

Civil Rights Student Grievances

This LCC procedure should be followed for all civil rights grievances.

Definitions

ADA, Title VI, and Title VII Coordinator (EO Coordinator) and Title IX Coordinator(s) are the employee(s) designated at each College and the System Office to oversee all civil rights, including sexual misconduct, complaints. A “Deputy” EO and Title IX Coordinator may also be designated to act on behalf of the Coordinator. All references in policies and procedures to the Coordinator include the Deputy Coordinator.

Coercion, in the context of Sexual Misconduct, is unreasonable pressure for sexual activity. Coercive behavior differs from seductive behavior based on the type of pressure someone uses to get consent from another. When a person makes it objectively clear that they do not want to engage in sexual activity, 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.

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

Consent for sexual activity must be clear, knowing and voluntary. Consent is active, not passive. Silence, in and of itself, cannot be interpreted as consent. Consent can be given by words or actions, as long as those words or actions demonstrate permission, based on an objective standard, regarding willingness to engage in (and the conditions of) sexual activity. Further, consent to any one form of sexual activity does not automatically imply consent to any other forms of sexual activity. Previous sexual activity or prior consent do not imply consent to future sexual acts. The consideration of prior, irrelevant sexual conduct, except relating to a prior relationship or history between the parties if relevant to some material issue in the process, is prohibited.

Disciplinary Authority is the individual with authority, or delegated authority, to impose discipline upon a Respondent.

Discrimination is any distinction, preference, advantage, or detriment given to a person based on one or more actual or perceived protected classes.

Force is the use of physical violence and/or imposing on someone physically to engage in sexual activity. Force also includes threats, intimidation (implied threats) and coercion that overcomes resistance.

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.

Incapacitation is a state where someone cannot make rational, reasonable decisions because they lack the capacity to give knowing consent. Incapacitation could result from mental or physical disability, sleep, unconsciousness, involuntary physical restraint, being underage, or from the ingestion of drugs or alcohol.

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, is a form of Sexual Misconduct.

Use of alcohol or other drugs will never function as a defense to a violation of this procedure.

Investigator is a person charged to investigate the civil rights complaint by the Title IX/EO Coordinator.

Jurisdiction applies to behaviors that take place on a CCCS campus, at CCCS sponsored events, and may also apply to off-campus and online behavior when the Title IX/EO Coordinator determines that the off-campus or online behavior affects a substantial CCCS interest.

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.

Respondent is a person whose alleged conduct is the subject of a complaint. For purposes of this procedure, a Respondent can be a CCCS employee, authorized volunteer, guest, visitor, or student.

Retaliation is any adverse employment or educational action taken against a person because of the person’s participation, or perceived participation, in a complaint or investigation of discrimination and/or harassment. Retaliation includes acts to intimidate, threaten, coerce, or discriminate against any individual for the purpose of interfering with any right or privilege provided by applicable civil rights laws, policies and procedures.

Sexual Misconduct is a type of prohibited discrimination based on sex and includes, but is not limited to:

• Sexual Harassment, which may be in the form of Hostile Environment, Quid Pro Quo, Sexual Assault, Dating Violence, Domestic Violence or Stalking, as those terms are defined herein.
• Non-Consensual Sexual Contact/Sexual Assault (or attempts to commit same), which is any intentional sexual touching, however slight, with any body part or object, by any individual upon any individual, that is performed without consent. Sexual touching includes any bodily contact with the breasts, groin, genitals, mouth or other bodily orifice of another individual, or any other bodily contact in a sexual manner. Sexual assault also includes any nonconsensual sexual act proscribed by federal or state law, including when the victim lacks capacity to consent.
• Non-Consensual Sexual Intercourse/Rape (or attempts to commit same), which is any sexual penetration, no matter how slight, with any body part or object, or oral penetration by a sex organ of another person, without consent.
• Dating Violence, which is violence committed by a person who is or has been in a social relationship of a romantic or intimate nature with the victim. The existence of such a relationship shall be determined based on the reporting party’s statement and with consideration of the length of the relationship, the type of relationship, and the frequency of interaction between the persons involved in the relationship. There is no Colorado state law on dating violence; therefore, CCCS abides by the definition used in the Violence Against Women Reauthorization Act (VAWA) of 2013.
  • Dating Violence is violence and abuse committed by a person to exert power and control over a current or former dating partner.
  • Dating violence often involves a pattern of escalating violence and abuse over a period of time. Dating violence covers a variety of actions, and can include physical abuse, physiological and emotional abuse, and sexual abuse. It can also include “digital abuse”, the use of technology, such as smartphones, the internet, or social media, to intimidate, harass, threaten, or isolate a victim.
• Domestic Violence, which includes any act or threatened act of violence upon a person with whom the actor is or has been involved in an intimate relationship. Domestic Violence also includes any other crime against a person or property, including an animal or any municipal ordinance violation against a person, or against property, including an animal, when used as a method of coercion, control, punishment, intimidation, or revenge directed against a person with whom the actor is or has been involved in an intimate relationship. C.R.S. 18-6-800.3. Domestic violence further includes felony or misdemeanor crimes of violence committed by a current or former spouse or intimate partner of the victim, by a person with whom the victim shares a child in common, by a person who is cohabitating with or has cohabitated with the victim as a spouse or intimate partner, by a person similarly situated to a spouse of the victim under the domestic or family violence laws of Colorado, or by any other person against an adult or youth victim who is protected from that person’s acts under the domestic or family violence laws of Colorado.
  • Domestic violence is a pattern of abusive behavior in a relationship that is used by one partner to maintain power and control over another current or former intimate partner.
  • Domestic violence can be physical, sexual, emotional, economic, or psychological actions or threats of actions that influence another person. This includes any behavior that intimidates, manipulates, humiliates, isolates, frightens, terrorizes, coerces, threatens, hurts, injures, or wounds someone.
• Stalking, which is directly or indirectly through another person, is knowingly:
  • Making a credible threat to another person and, in connection with the threat, repeatedly following, approaching, contacting, or placing under surveillance that person, a member of that person’s immediate family, or someone with whom that person has or has had a continuing relationship; or
  • Making a credible threat to another person and, in connection with the threat, repeatedly making any form of communication with that person, a member of that person’s immediate family, or someone with whom that person has or has had a continuing relationship, regardless of whether a conversation ensues; or
  • Repeatedly following, approaching, contacting, placing under surveillance, or making any form of communication with another person, a member of that person’s immediate family, or someone with whom that person has or has had a continuing relationship in a manner that would cause a reasonable person to suffer serious emotional distress and does cause that person, a member of that person’s immediate family, or someone with whom that person has or has had a continuing relationship to suffer serious emotional distress. C.R.S. 18-3-602.
  • Stalking is a pattern of repeated and unwanted attention, harassment, contact, or any other course of conduct directed at a specific person that would cause a reasonable person to feel fear. Stalking can include frightening communications, direct or indirect threats, and harassing a victim through the internet.
  • Stalking also includes engaging in a course of conduct directed at a specific person that would cause a reasonable person to fear for their safety or the safety of others or suffer substantial emotional distress.
• Sexual Exploitation, which occurs when a person takes non-consensual or abusive sexual advantage of another for their own advantage or benefit, or to benefit or advantage anyone other than the one being exploited. Examples include invasion of sexual privacy, prostituting another person, non-consensual recording of sexual activity, going beyond the boundaries of consent, engaging in voyeurism, knowingly transmitting a sexually transmitted infection or disease to another, exposing one’s genitals or inducing another to expose their genitals, possession or viewing of pornography on CCCS property or at CCCS activities, or sexually based bullying.

Supportive Measures are non-disciplinary, non-punitive individualized services offered as appropriate, as reasonably available, and without fee or charge to the Complainant or the Respondent before or after the filing of a formal complaint or where no formal complaint has been filed. Such measures are designed to restore or preserve equal access to educational and employment programs and/or activities without unreasonably burdening the other party, including measures designed to protect the safety of all parties or the educational/employment environment, or deter sexual harassment. Supportive measures may include counseling, extensions of deadlines or other course-related adjustments, modifications of work or class schedules, campus escort services, mutual restrictions on contact between the parties, changes in work or housing locations, leaves of absence, increased security and monitoring of certain areas of the campus, and other similar measures. CCCS will maintain as confidential any supportive measures provided to the Complainant or Respondent, to the extent that maintaining such confidentiality would not impair the ability of CCCS to provide the supportive measures. The Title IX/EO Coordinator is responsible for coordinating the effective implementation of supportive measures.

Other Civil Rights Offenses include, but are not limited to, the following, when the act is based upon one or more actual or perceived protected classes:

• Threatening or causing physical harm, verbal abuse, or other conduct which threatens or endangers the health or safety of any person.
• Intimidation, defined as implied threats or acts that cause an unreasonable fear of harm in another.
• Hazing, defined as acts likely to cause physical or psychological harm or social ostracism to any person within the CCCS community, when related to the admission, initiation, pledging, joining, or any other group-affiliation activity; hazing is also illegal under Colorado law.
• Bullying, defined as 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 (i.e. cyberbullying). Note: Any non-civil rights related bullying will be addressed under System Procedure 19-10, Bullying/Violence/Firearms on Campus.
• Violation of any other System or College rule.

Complaint Procedures Concerning Discrimination and/or Harassment

LCC does not permit discrimination or harassment in the work environment, educational programs and activities. LCC can respond to discrimination and/or harassment only if it is aware of the allegations made. Further, LCC can more effectively investigate the sooner the allegation is brought to its attention. Any employee or student who believes they have been subjected to discrimination and/or harassment based on federal or state civil rights laws should follow this procedure to report these concerns.

Reporting an Incident of Discrimination and/or Harassment

Employee Reporting Obligations

CCCS employees (including student employees), unless deemed a confidential resource by law, have an ethical obligation to promptly report any incidents they are aware of concerning civil rights violations. Reports should be made within 24 hours, unless there is reasonable justification for a delay. Employees unsure of the scope of this requirement may direct their questions to the Title IX/EO Coordinator. Failure to report will be considered a violation of BP 3-70, Colorado Community College System Code of Ethics, and may result in discipline, up to and including termination. All other individuals affiliated with CCCS are strongly encouraged to report civil rights violations.

Reporting a Complaint

In order to take appropriate corrective action, LCC must be aware of discrimination, harassment and related retaliation that occurs in CCCS employment and educational programs or activities. Therefore, anyone who believes s/he has experienced or witnessed discrimination, harassment or related retaliation should promptly report such behavior to the Title IX/EO Coordinator.

Clery Act-Federal Statistical Reporting Obligations

Certain campus officials have a duty to report criminal misconduct for federal statistical reporting purposes (Clery Act). All personally identifiable information is kept confidential, but statistical information must be passed along to campus law enforcement regarding the type of incident and its general location (on or off-campus, in the surrounding area, but no addresses are given) for publication in the annual Campus Security Report. This report helps to provide the community with a clear picture of the extent and nature of campus crime, to ensure greater community safety. Mandated federal reporters include: student affairs/student conduct officers, campus law enforcement, local police, coaches, athletic directors, residence life staff, student activities staff, human resources staff, advisors to student organizations and any other official with significant responsibility for student and campus activities. The information to be shared includes the date, the location of the incident (using Clery location categories) and the Clery crime category. This reporting protects the identity of the victim and may be done anonymously.

Clery Act-Federal Timely Warning Reporting Obligations

Victims of criminal misconduct should also be aware that college administrators must issue immediate timely warnings for incidents reported to them that are confirmed to pose a substantial threat of bodily harm or danger to members of the campus community. The college will make every effort to ensure that a victim’s name and other identifying information is not disclosed, while still providing enough information for community members to make safety decisions in light of the danger. The reporters for timely warning purposes are the same as detailed at the end of the above section.

For more information on Clery Act reporting requirements please contact LCC’s Director of Facilities at 719.336.1543.

Outside Reporting

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

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

Office for Civil Rights (OCR)
U.S. Department of Education
Cesar E. Chavez Memorial Building
1244 Speer Boulevard, Suite 310
Denver, CO 80204-3582
Telephone: (303) 844-5695
Facsimile: (303) 844-4303
Email: OCR.Denver@ed.gov
Web: http://www.ed.gov/ocr

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

Colorado Department of Regulatory Agencies (DORA)
Colorado Civil Rights Division (CCRD)
1560 Broadway
Suite 825
Denver, CO  80202
Telephone:  (303) 894-2997
Facsimile:  (303) 894-7570
Email: dora_CCRD@state.co.us
Web:  https://www.colorado.gov/pacific/dora/civil-rights

Or

United States Equal Employment Opportunity Commission (EEOC)
303 E. 17th Avenue
Suite 410
Denver, CO  80203
Telephone:  (800) 669-4000
Facsimile:  (303) 866-1085
Web:  https://www.eeoc.gov/field-office/denver/location

Notice and Publication Requirements

Colleges must publish the following information on their website and in any student or employee handbooks/catalogs:

• Prohibition of Discrimination, Harassment or Retaliation Policy and Civil Rights and Sexual Misconduct Resolution Procedure (or the College-specific nondiscrimination policy and complaint procedure)
• Title IX/EO Coordinator contact information including name, job title, office address, email and phone number

Colleges must also publish the following information on their website:

• A local, state, or national 24-hour hotline that provides information on sexual misconduct
• Information about obtaining a Sexual Assault Nurse Examiner (SANE) forensic exam after a sexual assault, including local programs where the Colleges have MOUs for obtaining SANE exams, how to schedule an exam and arrange transportation, and who the individual can contact for more information. This publication must include a statement that says individuals can obtain a SANE exam without being required to participate in a law enforcement investigation or criminal justice response.
• All training materials used to train employees who have a role in Title IX/Sexual Harassment complaint resolutions.

In addition, at least annually, Colleges must disseminate notice of their Policy and Procedure and Title IX/EO Coordinator contact information targeting current students and employees (e.g., by sending an email containing the information), and prospective students and employees (e.g., by including it with the admission or employment application).

For CTE publications, the notice of nondiscrimination must include: “[COLLEGE] will take appropriate steps to ensure that the lack of English language skills will not be a barrier to admission and participation in vocational education programs.”

For Colleges operating in a service area that contains a community of national origin minority persons with limited English language skills, public notification materials must be disseminated to that community in its language. (34 CFR § 100 Appx B (V-E))

Reporting Requirements

On or before October 1st every year, CCCS must provide to the Colorado Department of Higher Education:

• A copy of the Prohibition of Discrimination, Harassment or Retaliation Policy and Civil Rights and Sexual Misconduct Resolution Procedure;
• A Statement as to how the System/Colleges are providing information to students on how to receive support regarding sexual misconduct and how it is promoting the information;
• A description of the sexual misconduct training provided by CCCS; and
• A statement as to any changes in the manner in which CCCS provides or promotes the information.

All other grievances where the complainant is a student(s) and the basis of the complaint is not discrimination and/or harassment based on federal or state civil rights laws are addressed in Student Grievances.

All other grievances by an employee(s) and the basis of the complaint is not discrimination and/or harassment based on federal or state civil rights laws will be addressed pursuant to SP 3-50a found at www.cccs.edu/wp-content/uploads/2012/08/BP3-50a.pdf

Filing a Complaint

Any person who believes they have been subjected to a civil rights violation should follow this procedure to report their concerns. CCCS will act on any complaint brought to the attention of the Title IX/EO Coordinator that is made under this procedure. All complaints shall be made as promptly as possible after the occurrence, so that CCCS can more effectively address the reported concerns. A delay in reporting may result in the loss of relevant evidence and witness testimony, and may affect the ability of CCCS to substantiate the allegations. The complaint should describe the alleged incident, which may include when and where it occurred, the parties involved, and the desired remedy sought. Any supporting documentation and evidence may be referenced within the body of the complaint.

The System Office and each College must include a clearly visible link on its web page for filing civil rights complaints, and publish the name, title, address, telephone number, and email address of the Title IX/EO Coordinator. Complaints may also be submitted directly to the Title IX/EO Coordinator verbally or in writing. Complainants may be asked to reduce verbal complaints to writing and sign them (in person or electronically) before proceeding through the resolution process (e.g., Sexual Harassment/Title IX complaints must be in writing and signed by the Complainant or Title IX Coordinator before proceeding with formal investigation). The System Office and each College must also annually distribute through electronic or other means of communication the institution’s nondiscrimination policy, which includes the sexual misconduct policy and procedure, and shall make available educational programs to all incoming students and newly employed faculty and staff.

Confidentiality

CCCS employees, depending on their roles, have varying reporting responsibilities and may not be able to maintain confidentiality of information reported to them. Any person who reports concerns of civil rights violations should not assume that confidentiality or anonymity can be protected in connection with making a report. At individual Colleges, some confidential resources may be available, such as mental health counselors, either on or off campus, campus health service providers, off-campus rape crisis resources, legal professionals, and/or members of the clergy. Except in rare circumstances, such as the existence of an immediate threat of harm, these individuals can offer options and advice without any obligation to report internally or externally unless the Complainant has requested information be shared. Other outside confidential resources are available, and the Title IX/EO Coordinator can assist in connecting an individual to these resources.

Any person who reports concerns of civil rights violations should also be aware that CCCS must issue immediate emergency notifications and/or timely warnings for incidents reported to them that are confirmed to pose a substantial threat of bodily harm or danger to members of the campus community. CCCS will make every effort to ensure that a Complainant’s name and other identifying information is not disclosed, while still providing adequate information for community members to make safety decisions in light of the danger.

Preliminary Steps and Timeline

Upon receipt of a complaint, the Title IX/EO Coordinator will review the complaint to determine whether the complaint alleges sufficient information to support that a civil rights violation has occurred (reasonable cause). If the Title IX/EO Coordinator is unable to make this determination in reviewing the complaint alone, the Title IX/EO Coordinator may, at their discretion, reach out to the Complainant or others, as relevant, for clarification and/or additional information.

If no reasonable cause is found to initiate a formal investigation, the Title IX/EO Coordinator shall inform the Complainant of this decision and discuss other options for addressing the reported concerns.

If there is reasonable cause and the Complainant wishes to proceed, the Title IX/EO Coordinator will initiate an informal resolution or a formal investigation. If the Complainant does not wish to proceed, the Title IX/EO Coordinator will give consideration to the Complainant’s preference, but reserves the right, when necessary to protect the CCCS community, to initiate an informal resolution or formal investigation of the complaint. The Title IX/EO Coordinator also reserves the right to initiate an investigation and resolve a complaint without a participating or identifiable Complainant.

The Title IX/EO Coordinator may consider a number of factors when determining whether to initiate an informal resolution or formal investigation without the Complainant’s participation and/or without an identifiable Complainant.

These factors may include, but are not limited to, the following:

• Seriousness of the alleged conduct;
• Risk that the Respondent will similarly harm others;
• Previous complaints or allegations involving similar conduct;
• Whether multiple Complainants were involved;
• Whether the conduct was facilitated by incapacitation;
• Whether a weapon or violence was used;
• Whether the Complainant is a minor and/or at-risk;
• Whether the conduct was predatory in nature; and/or
• Any other information deemed relevant by the Title IX/EO Coordinator.

The informal resolution and formal investigation processes are designed to address the reported concerns, end the inappropriate behavior, and prevent its reoccurrence. This may include providing a fair and reliable determination about whether policies or procedures have been violated.

The Title IX/EO Coordinator will also evaluate the complaint to determine if it alleges Sexual Harassment under Title IX and occurred within one if its programs or activities in the United States. In such cases, the specific procedures applicable to Sexual Harassment (e.g., live hearing) will apply. If not, the complaint must be closed for Title IX Sexual Harassment purposes, but it may be addressed under other civil rights procedures outlined herein. Dismissal of a Title IX Sexual Harassment case is subject to the appeal procedures outlined herein. If a complaint involves allegations of Title IX Sexual Harassment within a CCCS program or activity in the United States along with other conduct that is not covered by Title IX, the Title IX/EO Coordinator in their discretion will either process the entire complaint under Title IX Sexual Harassment procedures or will divide the allegations and process them separately under applicable provisions of this procedure.

CCCS shall make every effort to complete the resolution or investigation process within approximately 90 days from the date the complaint is filed. If CCCS cannot resolve the complaint within this timeline, the Title IX/EO Coordinator may extend the timeline when necessary, to properly resolve the complaint. Written notice will be provided to the parties regarding the extension.

Interim Actions

The Title IX/EO Coordinator, in consultation with appropriate administrative personnel, may implement interim actions, including Supportive Measures, intended to protect the safety and security of the campus community, address the effects of the reported behavior, and prevent further violations, while the complaint is under review or investigation. These remedies may include, but are not limited to, placing an employee on administrative leave, interim actions outlined in the SP 4-30 Student Disciplinary Procedure, campus bans/emergency removals, referral to counseling and health services or to the Colorado State Employee Assistance Program (CSEAP), education to the community, altering housing situations, altering work arrangements, providing campus escorts, implementing contact limitations between the parties (e.g., no contact orders), offering adjustments to academic deadlines or course schedules, and/or suspending privileges such as attendance at College activities or participation in College-sponsored organizations. Any campus ban/emergency removal will be implemented only after a determination that the person poses an immediate threat to the physical health or safety of another. In all cases in which an interim action is imposed, the individual will be given the opportunity to meet with the Title IX/EO Coordinator 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 Title IX/EO Coordinator 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 disciplinary action, up to and including expulsion, termination, a “Cease Communications” directive, or issuance of a “No Trespass” order, also known as a persona non grata.

Following the completion of the investigation or resolution process, interim actions may be continued or made permanent as deemed necessary.

Rights of Involved Parties

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

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

Informal Resolution

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

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

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

Formal Investigation

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

Throughout the investigation, all questions will go through the assigned investigators. The Complainant and Respondent may offer any documentation, witnesses, or other materials in support of their position as it relates to the complaint. There will be a presumption that the Respondent is not responsible for the alleged conduct until a determination regarding responsibility has been made at the conclusion of the resolution process. Any credibility determinations made by investigators will not be based upon a person’s status as a Complainant, Respondent, or witness.

The Complainant and the Respondent have the opportunity to be advised and accompanied by an advisor of their choice, at their expense, at any stage of the process. In the event of a live hearing, if either party does not have an advisor, the College will provide one to that party at no cost. An advisor may consult and advise their advisee, but may not speak on behalf of their advisee. These procedures are entirely administrative in nature and are not considered legal proceedings. The investigator(s) may end a meeting or remove or dismiss an advisor who becomes disruptive or who does not abide by the restrictions on their participation as explained above.

Should the Complainant or Respondent decide to withdraw from courses or resign employment while a complaint is pending, the process may proceed in that party’s absence and sanctions may still be imposed affecting the party’s ability to return to CCCS. Additionally, the Title IX/EO Coordinator may dismiss the formal complaint if the Complainant requests such dismissal in writing, if the Respondent is no longer enrolled/employed at CCCS, or other specific circumstances prevent the investigators from gathering evidence sufficient to reach a determination. Notice regarding the dismissal will be provided in writing simultaneously to the parties.

No unauthorized recording will be allowed, and all parties must request permission to record in advance. CCCS, at its discretion, may grant authorization for recording of an interview, and in that case, CCCS will also record to ensure there is an accurate record.

Throughout the formal investigation process, the Title IX/EO Coordinator will provide regular written updates on the status of the investigation to the Complainant and the Respondent through the conclusion of the investigation.

Preliminary Investigation Report

Following the fact gathering stage of the formal investigation, the investigator(s) shall issue a Preliminary Investigation Report to the Complainant and Respondent (and their advisors, if applicable) for review. The Preliminary Investigation Report will include relevant facts as gathered by the investigators. At this stage, parties may review upon request all evidence collected as part of the investigation, whether or not it will be relied upon in reaching a determination. The Complainant and the Respondent will have ten (10) calendar days to review and respond to the Preliminary Investigation Report with any changes, clarifications, or questions.

Final Investigation Report

At the conclusion of the fact gathering stage and formal investigation, including any relevant information submitted in response to the Preliminary Investigation Report, the investigator(s) shall issue a Final Investigation Report to the Title IX/EO Coordinator detailing the factual findings and summarizing the relevant evidence. This report will not contain any determinations as to whether the conduct is in violation of applicable policies.

Upon receipt of the Final Investigation Report, the Title IX/EO Coordinator shall proceed as follows:

• For cases involving Sexual Harassment within the United States, the Title IX/EO Coordinator shall initiate a live hearing as described below. If a live hearing cannot be held due to refusal of parties to participate, CCCS reserves the right to address the conduct through the procedures applicable to non-Sexual Harassment/Title IX cases.
• For other civil rights cases (non-Sexual Harassment or Sexual Harassment outside the United States), the Title IX/EO Coordinator will obtain a written Determination Report from the investigators as to whether or not, based on a preponderance of the evidence, the alleged behavior took place and whether that behavior constitutes a civil rights violation. The determination shall include a summary of all evidence and information used to reach these conclusions.

Live Hearing for Sexual Harrassment Cases

Live hearings are subject to the following procedures:

Scheduling - A live hearing must be scheduled no earlier than ten (10) days after issuance of the Final Investigation Report. Written notice of the date, time, location, participants and purpose for the hearing will be provided to the parties. The parties must notify the Title IX/EO Coordinator if any other witnesses will be presented so they can be notified of the hearing. Written notice of the date, time, location, participants and purpose for the hearing will be provided to all individuals who are invited or expected to participate allowing them reasonably sufficient time to prepare.

Hearing Officer(s) - A Hearing Officer is responsible for overseeing the hearing; making determinations as to relevance of evidence/questioning, determining whether evidence will be permitted, and making a final determination regarding the allegations. A Hearing Officer must be a different individual than any investigator or Title IX/EO Coordinator assigned to the case. A Hearing Officer has discretion regarding the details and order that parties will be permitted to present evidence, provided that both parties are given equal opportunities to present relevant evidence, both inculpatory (incriminating or tending to show responsibility for a violation) and exculpatory (exonerating or tending to negate responsibility for a violation), and cross-examine witnesses. The Hearing Officer may issue a document to the parties in advance outlining the hearing process that will be followed on the day of the hearing.

Advisors - At the hearing, the Complainant and Respondent must be accompanied by an advisor. If the party does not provide their own, CCCS will provide an advisor at no charge. The advisor is responsible for questioning the witnesses; the Complainant and Respondent are not permitted to ask questions directly.

Questioning and Cross-Examining Witnesses - Each party’s advisor may question the other party and any witnesses with relevant questions and follow-up questions, including those challenging credibility. Questioning will be done directly, orally and live. At the request of a party or at the discretion of CCCS, the parties may be located in separate rooms using technology for live viewing of other participants. After each question is stated, the Hearing Officer will decide whether it is relevant and permissible before the party/witness provides an answer. If it is excluded, the reason for exclusion will be provided. Evidence of the Complainant’s prior sexual predisposition or behavior is not relevant except to prove that someone other than the Respondent committed the alleged conduct or to prove consent.

Recording/Transcript - CCCS shall record the hearing and make it available to all parties. Alternatively, CCCS, in its discretion, may elect to transcribe the proceedings as the method of record keeping.

Determination Report - Following the hearing, the Hearing Officer will issue a Determination Report to the Title IX/EO Coordinator as to whether or not, based on a preponderance of the evidence, the alleged behavior took place and whether that behavior constitutes a civil rights violation. In reaching this determination, the Hearing Officer must consider all relevant evidence, except for any privileged information (unless waived) or medical records (unless specific, written consent is obtained). If a party or witness does not submit to cross-examination during the live hearing, the Hearing Officer cannot rely on any of their statements in their determination, and may not draw any inferences based solely on a party or witness failing to submit to cross-examination. The Determination Report shall include a summary of the allegations; a summary of the procedural steps in the case; findings of fact supporting the determination, conclusions regarding violation of applicable policies with supporting rationale; any disciplinary steps or remedial measures imposed; and the parties’ appeal rights.

Notice of Findings

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

Appeals for Formal Investigation

In the event of an appeal, the Title IX/EO Coordinator shall perform an initial review to determine if the appeal meets the limited grounds listed below and is timely (filed within ten [10] calendar days, as noted above). If the appeal is found to meet these criteria, the Title IX/EO Coordinator shall forward the appeal to a designated appellate officer, who shall give written notice to the opposing party and provide a suitable time frame for the opposing party to submit a written response to the appeal. The appeal and any responses shall be reviewed by the appellate officer. The party requesting an appeal must show error, as the original finding is presumed to have been decided reasonably and appropriately. The only grounds for appeal are as follows:

1. A procedural error occurred that significantly impacted the outcome of the decision (e.g., substantiated bias, conflict of interest, or material deviation from established procedures). The written appeal shall specify the procedural error and how it impacted the outcome of the decision.
2. The findings are not supported by substantial evidence in the investigation report or the report does not articulate a rational connection between the facts found and the decision made. The written appeal shall specify the finding(s) not supported by substantial evidence or for which the report does not articulate a rational connection between the facts found and the decision made; or
3. To consider new evidence, unavailable during the original investigation, that could substantially impact the original finding(s). Any new evidence and its impact must be included in the written appeal.

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

If the appellate officer determines the findings were not supported by substantial evidence in the investigation report, the report does not articulate a rational connection between the facts found and the decision made, or new evidence substantially impacts the original finding(s), the appellate officer shall conduct or request appropriate additional steps (such as requesting additional investigation by the investigators) and/or modify the findings accordingly.

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

Sanctions

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

• For classified employees, disciplinary action will be taken pursuant to the applicable State Personnel Rules and Regulations: https://www.colorado.gov/spb
• For students, disciplinary action will be taken pursuant to BP and SP 4-30, Student Discipline: https://www.cccs.edu/wp-content/uploads/2013/09/SP4-30.pdf
• Instructors and Administrative, Professional-Technical (APT) employees are at-will under BP 3-10, and may not be subject to additional procedures when issuing sanctions: https://www.cccs.edu/policies-and-procedures/board-policies/bp-3-10-administration-of-personnel/.

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

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

The following sanctions may be imposed:

• For students: warning, probation, fines, restitution, denial of privileges, assignment to perform services for the benefit of the CCCS community, re-assignment to another class section (including the option for an on-line section), suspension, expulsion, a “Cease Communications” directive, or a “No Trespass” directive.
• For CCCS employees: warning, corrective action, probation, restitution, denial of privileges, suspension, demotion, reduction of pay, termination of employment, a “Cease Communications” directive, or a “No Trespass” directive.
• For authorized volunteers, guests, or visitors: warning, probation, denial of privileges, removal from CCCS property, a “Cease Communications” directive, or a “No Trespass” directive.

In addition to sanctions, other action may be taken as deemed appropriate to bring an end to the violation, to prevent future reoccurrence, and to remedy the effects of the violation.

Student Privacy

The outcome of a CCCS investigation is an educational record of a student Respondent, and is subject to privacy protections under the federal Family Educational Rights and Privacy Act (FERPA). However, CCCS observes the legal requirements to disclose the records as follows:

• Complainants in non-consensual sexual contact/intercourse, sexual exploitation, sexual harassment, stalking, and/or relationship violence incidents have an absolute right to be informed in writing of the outcome, essential findings, and sanctions without condition or limitation.
• CCCS may release publicly the name, nature of the violation, and the sanction imposed for any individual who is found to have committed a “crime of violence,” including: arson, burglary, robbery, criminal homicide, sex offenses, assault, destruction/damage/vandalism of property, and kidnapping/abduction. CCCS will release this information to the Complainant in any of these offenses regardless of the outcome.
• CCCS reserves the right to notify parents/guardians of dependent students regarding any health or safety risk, and/or change in student status or conduct situation, particularly alcohol and other drug violations. CCCS may also notify parents/guardians of non-dependent students who are under age 21 of alcohol and/or drug policy violations. Where a student is non-dependent, CCCS will contact the appropriate next of kin to inform them of situations in which there is a significant and articulable health and/or safety risk. CCCS also reserves the right to designate which CCCS officials have a need to know about individual conduct complaints pursuant to FERPA

Retaliatory Acts

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

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

Recordingkeeping

Records of Civil Rights complaints (including Sexual Misconduct) must be maintained for a period of seven (7) years. Such records may include: Informal Resolution outcomes, Preliminary Investigation Reports, Final Investigation Reports, Determination Reports, recordings/transcripts of Live Hearings in Sexual Harassment cases, Notices of Findings, appeals and appeal outcomes, and discipline or remedies imposed.

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.

Academic Grievances

This type of grievance includes course instructor conflicts, grade appeals, transcript decisions, and related academic issues. Each of these steps is to be followed in order, and a resolution is sought at each level. The student may elect to withdraw the grievance at any step:

1. Student meets with instructor or the faculty or staff member most directly involved to discuss the grievance.
2. The student meets with his/her academic advisor to discuss and resolve the issue.
3. The student meets with the appropriate dean to discuss and resolve the issue.
4. If the student feels that the issue has not been satisfactorily resolved, he/she may submit a written complaint stating the grievance, relevant circumstances, witnesses, and evidence to the appropriate dean.
5. The instructor, academic advisor, and dean meet to make a decision within ten working days of the submission.
6. The decision is communicated to the student within five working days.
7. The student may appeal the committee’s decision to the Vice President of Academic Services who will render the final decision within 30 days.

Academic appeals should be made in as timely a manner as possible and must be filed no later than the semester subsequent to when the issue occurred.

Sexual Misconduct

The Lamar Community College community has the right to be free from sexual violence. All members of the LCC community are expected to conduct themselves in a manner that does not infringe upon the rights of others. LCC believes in a zero tolerance policy for sex/gender-based misconduct. When an allegation of misconduct is brought to an appropriate administrator’s attention, and a respondent is found to have violated this policy, serious sanctions will be implemented to reasonably ensure that such actions are never repeated. This procedure has been developed to reaffirm these principles and to provide recourse for those individuals whose rights have been violated. This procedure is intended to define LCC expectations and to establish a mechanism for determining when those expectations have been violated.

Definitions

• Complainant(s) is a person who is subject to the alleged sex misconduct or related retaliation. For purposed of this procedure, a complainant can be a LCC Employee(s), student(s), authorized volunteer(s), guest(s), or visitor(s).
• Respondent(s) is a person whose alleged conduct is the subject of a complaint. For purposes of this procedure, a respondent can be a LCC Employee(s), student(s), authorized volunteer(s), guest(s), or visitor(s).
• Sexual Misconduct offenses include, but are not limited to: sexual harassment; non-consensual sexual contact (or attempts to commit same); non-consensual sexual intercourse (or attempts to commit same); sexual exploitation
• Sexual Harassment is: unwelcome, gender-based verbal or physical conduct that is, sufficiently severe, persistent, or pervasive that it has the effect of unreasonably interfering with, denying or limiting someone the ability to participate in or benefit from LCC’s educational program and/or activities, or work activities, and the unwelcome behavior is based on power differentials (quid pro quo), the creation of a hostile environment, or retaliation.
  
  There are three types of Sexual Harassment: 1. Quid pro quo sexual harassmentt exists when there are: unwelcome sexual advances, requests for sexual favors or other verbal or physical conduct of a sexual nature, and submission to or rejection of such conduct results in adverse educational or employment action; or affects the terms or conditions of education or employment, or activities with the college. 2. Hostile Environment includes any situation in which there is harassing conduct that is sufficiently severe, persistent, or pervasive that it alters the conditions of employment or limits, interferes with or denies educational benefits or opportunities, from both a subjective (the alleged victim’s) and an objective (reasonable person’s) viewpoint. The determination of whether an environment is “hostile” must be based on all of the circumstances. These circumstances could include, but are not limited to: the frequency of the conduct; the nature and severity of the conduct; whether the conduct was physically threatening; whether the conduct was humiliating; the effect of the conduct on the alleged victim’s mental or emotional state; whether the conduct was directed at more than one person; whether the conduct arose in the context of other discriminatory conduct; whether the conduct unreasonably interfered with the alleged victim’s educational or work performance; whether a statement is a mere utterance of an epithet which engenders offense in an employee or student, or offends by mere discourtesy or rudeness; whether the speech or conduct deserves the protections of the 1st Amendment. 3. Retaliatory harassment is any adverse employment or educational action taken against a person because of the person’s perceived participation in a complaint or investigation of discrimination or sexual misconduct.
  
  Examples of Sexual Harassment include, but are not limited to: 1) An attempt to coerce an unwilling person into a sexual relationship. 2) To repeatedly subject a person to egregious, unwelcome sexual attention. 3) To punish a refusal to comply with a sexual based request. 4) To condition a benefit on submitting to sexual advances. 5) Sexual violence which is defined as threatening or causing physical harm, extreme verbal abuse, or other conduct which threatens or endangers the health or safety of any person. 6) Violence between those in an intimate relationship. 7) Stalking that is gender-based which is defined as repetitive and/or menacing pursuit, following, harassment and/or interference with the peace and/or safety of a member of the community; or the safety of any of the immediate family of members of the community. 8) Gender-based bullying which is defined as repeated and/or severe aggressive behavior likely to intimidate or intentionally hurt, control or diminish another person, physically or mentally (excluding speech or conduct otherwise protected by the 1st Amendment). 9) Gender expression/stereotyping which is defined as simplistic generalizations about gender attributes, differences, and roles of individuals and/or groups. Stereotypes rarely communicate accurate information about others. When people automatically apply gender assumptions to others regardless of evidence to the contrary, they are perpetuating gender stereotyping. 10) Hazing which is defined as acts likely to cause physical or psychological harm or social ostracism to any person within the college community on the basis of gender, when related to the admission, initiation, pledging, joining, or any other group-affiliation activity. 11) Discrimination which is defined as actions that deprive other members of the community of educational or employment access, benefits or opportunities on the basis of gender. 12) Intimidation that is gender-based which is defined as implied threats or acts that cause a reasonable fear of harm in another.
  
  While a particular interaction must be offensive to both a reasonable person and to the complainant to be defined as harassment, LCC employees and other persons of authority should be sensitive to questions about mutuality of consent that may be raised and to the conflict of interests that are inherent in personal relationships that result from professional and educational interactions. Harassment is particularly damaging when it exploits the educational dependence and trust between students and faculty/staff. When the authority and power inherent in faculty/staff relationships with students, whether overtly, implicitly, or through misinterpretation, is abused in any way, there is potentially great damage to the individual student, to the accused individual, and to the climate of the institution.
  
  It is the policy of LCC that none of its employees or its Board members shall engage in any activity or relationship that places them in a conflict of interest between their official activities and any other interest or obligation. Conflict of interest requires all employees to disqualify themselves from participating in a decision when a personal interest is present; therefore, SP 3-70a, Relationships, requires all employees involved in an amorous relationship to excuse themselves from any authority or evaluative role with respect to the other person. Please refer to SP 3-70a for more information and disclosure requirements.
• Non-consensual sexual contact is: any intentional sexual touching however slight, with any object, by any individual upon any individual, that is without consent and/or by force.
• Non-consensual sexual intercourse is: any sexual penetration however slight, with any object, by any individual upon any individual, that is without consent and/or by force.
  
  Consent must be clear, knowing and voluntary. Consent is active, not passive. Silence, in and of itself, cannot be interpreted as consent. Consent can be given by words or actions, as long as those words or actions create mutually understandable clear permission regarding willingness to engage in (and the conditions of) sexual activity. Also, in order to give effective consent, one must be of legal age. Further, consent to any one form of sexual activity cannot automatically imply consent to any other forms of sexual activity. Previous relationships or prior consent cannot imply consent to future sexual acts.
  
  Force is the use of physical violence and/or imposing on someone physically to gain sexual access. Force also includes threats, intimidation (implied threats) and coercion that overcomes resistance or produces consent.
  
  Coercion is unreasonable pressure for sexual activity. Coercive behavior differs from seductive behavior based on the type of pressure someone uses to get consent from another. When someone makes clear to you that they do not want sex, that they want to stop, or that they do not want to go past a certain point of sexual interaction, continued pressure beyond that point can be coercive.
  
  Sexual activity with someone whom one should know to be-or based on the circumstances should reasonably have known to be-mentally or physically incapacitated (by alcohol or other drug use, unconsciousness or blackout), constitutes a violation of this procedure.
  
  Incapacitation is a state where someone cannot make rational, reasonable decisions because they lack the capacity to give knowing consent. Incapacitation could result from mental disability, sleep, involuntary physical restraint, or from the ingestion of rape drugs. Possession, use and/or distribution of any of these substances, including, but not limited to Rohypnol, Ketomine, GHB, Burundanga, etc. is prohibited, and administering one of these drugs to another person is a violation of this policy. More information on these drugs can be found at http://www.911rape.org.
  
  Having sex with someone whom you know to be, or should know to be, incapacitated (mentally or physically) is a violation of this procedure.
  
  Use of alcohol or other drugs will never function as a defense to a violation of this procedure.
• Sexual exploitation occurs when anyone 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, and that behavior does not otherwise constitute one of other sexual misconduct offenses.
  
  Examples of sexual exploitation include, but are not limited to: 1) invasion of sexual privacy, 2) prostituting another person, 3) non-consensual video or audio-taping of sexual activity, 4) going beyond the boundaries of consent (such as letting your friends hide in the closet to watch you having consensual sex), 5) engaging in voyeurism, 6) knowingly transmitting a sexually transmitted infection (STI) or human immunodeficiency virus (HIV) to another person, 7) exposing one’s genitals in non-consensual circumstances; inducing another to expose their genitals, 8) sexually-based stalking and/or bullying may also be forms of sexual exploitation, 9) viewing or possessing child or adult pornography at work or on college owned property.
• Title IX Coordinator is the employee designated by the college president to oversee all civil rights complaints, including sexual misconduct, when students are complainants and/or respondents. The LCC Title IX Coordinator’s responsibilities include, but need not be limited to: 1) contact for government inquiries; 2) point person for all civil rights complaints involving a student as complainant and/or respondent; 3) creator and implementer of appropriate procedures; 4) assurance of 1st Amendment protection; 5) prevention and remediation of stalking; 6) prevention and remediation of intimate partner and relationship violence; 7) prevention and remediation of bullying and cyberbullying; 8) oversight and coordination of prompt and equitable grievance procedures; 9) coordinator of the interaction of multiple student and employee grievance processes; 10) supervisor of investigations; 11) compliance auditor; and 12) trainer or convener of broad training requirements for LCC employees, boards, investigators and appeals officers.

Complaint Procedures

LCC can only respond to allegations of misconduct if it is aware of the misconduct. Further, LCC can more effectively investigate the sooner the allegation is brought to its attention. Any employee, student, authorized volunteer, guest or visitor who believes that he or she has been subjected to sexual misconduct, or believes someone else a part of the LCC community is being subjected to sexual misconduct, shall contact the Title IX/EO Coordinator(s) when the alleged victim and/or respondent are students or a composition of employees, authorized volunteer, guests or visitors.

Anyone can request advice and information about possible ways to proceed and to put the college on notice.

LCC shall investigate complaints pursuant to SP 3-50c and SP 4-31a, Civil Rights Grievance and Investigation Process for Employees and Students.

Reporting an Incident of Sexual Misconduct

In order to take appropriate corrective action, LCC must be aware of discrimination, harassment and related retaliation that occurs in LCC employment and educational programs or activities. Therefore, anyone who believes s/he has experienced or witnessed discrimination, harassment or related retaliation should promptly report such behavior to the Title IX and/or EO Coordinator.

Employee’s Obligation to Report

LCC employees have an ethical obligation to report any incidences they are aware of concerning discrimination and/or harassment. If the employee is unsure, s/he may direct their questions to Human Resources at the college. Failure to report will be considered a violation of BP 3-70, Colorado Community College System Code of Ethics, and may result in discipline, up to and including termination.

Clery Act-Federal Statistical Reporting Obligations

Certain campus officials have a duty to report criminal misconduct for federal statistical reporting purposes (Clery Act). All personally identifiable information is kept confidential, but statistical information must be passed along to campus law enforcement regarding the type of incident and its general location (on or off-campus, in the surrounding area, but no addresses are given) for publication in the annual Campus Security Report. This report helps to provide the community with a clear picture of the extent and nature of campus crime, to ensure greater community safety. Mandated federal reporters include: student/conduct affairs, campus law enforcement, local police, coaches, athletic directors, residence life staff, student activities staff, human resources staff, advisors to student organizations and any other official with significant responsibility for student and campus activities. The information to be shared includes the date, the location of the incident (using Clery location categories) and the Clery crime category. This reporting protects the identity of the victim and may be done anonymously.

Clery Act-Federal Timely Warning Reporting Obligations

Victims of sexual misconduct should also be aware that college administrators must issue immediate timely warnings for incidents reported to them that are confirmed to pose a substantial threat of bodily harm or danger to members of the campus community. The college will make every effort to ensure that a victim’s name and other identifying information is not disclosed, while still providing enough information for community members to make safety decisions in light of the danger. The reporters for timely warning purposes are exactly the same as detailed at the end of the above paragraph.

For more information on Clery Act reporting requirements please contact LCC’s Director of Facilities at 719.336.1543.

Initial Response to Allegations of Sexual Misconduct

LCC reserves the right to take whatever measures it deems necessary in response to an allegation of sexual misconduct in order to protect employee and students’ rights and personal safety. Such measures include, but are not limited to:

• For employees, interim work reassignment, and administrative leave from the college pending an investigation, and reporting the matter to the local police in the jurisdiction where the college is located.
• For students, modification of living arrangements, class schedule reassignment, interim suspension from the college pending an investigation, and reporting the matter to the local police in the jurisdiction where the college is located.
• For authorized volunteers, interim volunteer reassignment or removal from volunteering pending an investigation, and reporting the matter to the local police in the jurisdiction where the college is located.
• For guests or visitors, the college may issue a no-trespass order and report the matter to the local police in the jurisdiction where the college is located.

Sanction Statement

Not all forms of sexual misconduct will be deemed to be equally serious offenses, and LCC reserves the right to impose different sanctions, ranging from verbal warning to expulsion, dismissal, termination, or no-trespass order, depending on the severity of the offense. LCC will consider the concerns and rights of both the complainant and the respondent.

• Employees found to be in violation of the sexual misconduct procedure will be sanctioned up to and including termination. All sanctioning will be in accordance with the policies, procedures, and rules that govern.
• Employees found to have had actual knowledge of any sexual misconduct incidences and fails to report may be sanctioned up to and including termination. All sanctioning will be in accordance with the policies, procedures, and rules that govern.
• Students found to be in violation of the sexual misconduct procedure will be sanctioned up to and including expulsion. All sanctioning will be in accordance with the policies, procedures, and rules that govern.
• An authorized volunteer in violation of the sexual misconduct procedure will be dismissed from their volunteer duties to the college.
• Guests or visitors found in violation of the sexual misconduct procedure will be issued a no-trespass order stating s/he will no longer be allowed on the college campus.

Retaliatory Acts

It is a violation of this procedure to engage in retaliatory acts against any employee or student who reports an incident of sexual misconduct, or any employee or student who testifies, assists or participates in a proceeding, investigation or hearing relating to such allegation of sexual misconduct.

Revising this Procedure

This procedure defines and prohibits harassment on the basis of federal and state law as interpreted by the courts. If statutory provisions, regulatory guidance, or court interpretations change or conflict with this policy, the college’s procedure can be deemed amended as of the time of the decision, ruling or legislative enactment to assure continued compliance.

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

Student Computer Usage

Lamar Community College welcomes students, staff and guests to use computers appropriately while on campus.  With this privilege comes certain responsibilities.  The Federal government, CCCS, and LCC have established laws, policies, and protocols for acceptable computer and Internet usage.  They are available through the Lamar Community College Technology Services page. 

• CCCS Computer Usage Policy
• CCCS General Higher Education Opportunity Act Procedures (copyright infringement)
• LCC Student Computer & Network Access Guide

These guides are also available on Lope Access (staff and student portal).  The college expects all students to follow these rules while on campus.  Failure to comply with these guidelines may be considered a violation of the LCC Code of Conduct and, depending on the severity, may be a prosecutable offense. 

Student Responsibilities in the Advisement Process

Students should have an investment in their academic plan and progress at LCC.  In that investment should be active engagement in the advising process.  The student is expected to

• assume final responsibility for course scheduling, program planning, and successful completion of graduation requirements;
• attend general and program orientations;
• be knowledgeable about and adhere to relevant policies, procedures, and rules of the College and academic program;
• access and understand the college catalog;
• obtain the class schedule and review possible course options prior to meeting with the advisor;
• be prepared with accurate information and relevant materials when contacting the advisor;
• contact an advisor in a timely fashion for registration, advisement, or other necessary appointments;
• know and follow General Education requirements and major department requirements;
• obtain, process, and complete forms and signatures required for registration, course changes, or related affairs;
• contact an advisor immediately with concerns about academic progress in a particular class or during the course of the semester;
• monitor his/her progress with advisor’s assistance;
• request/complete a “change of advisor” form if desired;
• explain to the advisor his or her personal values, abilities, interests, and goals;
• maintain frequent contact with his or her advisor in order to keep abreast of academic information;
• be honest and ethical in interactions with the advisor;
• seek relevant information about career options and how they relate to a chosen educational program;
• file a written and complete degree plan with advisor;
• follow through on degree action plans identified during each advising session;
• consult advisor at least once a semester to decide on courses, review progress toward degree requirements, and discuss the suitability of other educational opportunities provided by the College;
• when informally advised by someone other than official advisor, inform advisor of record of information received.