CAMPUS POLICY
Now is the tie for all good men to
POLICY NUMBER:
300-017
PAGE NUMBER:
1 of 8
CHAPTER: Human Resources
SUBJECT:
Discrimination & Harassment Policy and Procedures
EFFECTIVE DATE: November 12, 2012
OPR: AVC for Diversity & Inclusiveness and
Office of Discrimination & Harassment
VC:
APPROVED: by Pamela Shockley-Zalabak,
Chancellor, on November 12, 2012
Chancellor
I.
SUPERSESSION:
POLICY
The University of Colorado Colorado Springs (UCCS) is committed to maintaining a
positive learning, working, and living environment. The University of Colorado does
not discriminate on the basis of race, color, national origin, sex, age, disability, creed,
religion, sexual orientation, or veteran status in admission and access to, and
treatment and employment in, its educational programs and activities. (Regent Law,
Article 10, amended 11/8/2001).
UCCS will not tolerate acts of discrimination or harassment based upon Protected
Classes, or related retaliation against or by any employee or student. For purposes of
this policy the term “Protected Classes” refers to persons who are protected under
federal, state, local or Regent law on the basis of particular characteristics and
includes the characteristics of race, color, national origin, sex, pregnancy, age,
disability, creed, religion, sexual orientation, gender identity, gender expression, or
veteran status.
This Policy: (1) provides a definition of discrimination and harassment based upon
Protected Classes and related retaliation; (2) prohibits discrimination and harassment
based upon Protected Classes and related retaliation; and (3) sets out procedures to
follow when a member of the UCCS community believes a violation of the Policy has
occurred. The University of Colorado policy prohibiting sexual harassment is set
forth in the Administrative Policy Statement entitled, "Sexual Harassment Policy and
Procedures."
Individuals who violate this Policy shall be disciplined or subjected to corrective
action, up to and including termination or expulsion.
II.
AUTHORITY FOR CAMPUS POLICIES
Authority for the creation of campus administrative policies is found in The Laws of
the Regents, 2007, Article 3 Section B.5(A) which states:
CHAPTER:
Human Resources
SUBJECT:
Discrimination &
Harassment
POLICY:
300-017
EFFECTIVE:
November 12,
2012
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The chancellor of the each campus shall be the chief academic and
administrative officer responsible to the president for the conduct of
affairs of their respective campus in accordance with the policies of the
Board of Regents. The chancellor shall have such other responsibilities as
may be required by these Laws, or regent policy, or as may be delegated
by the president.
III.
DEFINITIONS
Appointing authority. An appointing authority is the individual with the authority or
delegated authority to make ultimate employment decisions concerning a particular
employee.
Disciplinary authority A disciplinary authority is the individual who or office that
has the authority or delegated authority to impose discipline upon a particular
employee or student.
Complainant. A person who is subject to alleged Protected Class discrimination,
harassment or related retaliation.
Respondent. A person whose alleged conduct is the subject of a complaint.
False Complaints or False Information. It is a violation of this Policy when a
person knowingly or recklessly alleges a false complaint of discrimination,
harassment or related retaliation or provides false information during the course of an
investigation.
Discrimination. Occurs when an individual suffers a material adverse consequence,
such as failure to be hired or promoted or denial of admission to an academic
program on the basis of her/his Protected Class. Discrimination occurs when a person
is denied an employment or educational benefit or is subject to an employment or
educational detriment on the basis of his/her Protected Class.
Harassment. Verbal or physical conduct that unreasonably interferes with an
individual's work or academic performance or creates an intimidating or hostile work
or educational environment.
Hostile Environment. Unwelcome conduct by an individual against another
individual based upon her/his Protected Class that is sufficiently severe or pervasive
that it alters the conditions of education or employment and creates an environment
that a reasonable person would find intimidating, hostile or offensive. The
determination of whether an environment is "hostile" must be based on all of the
circumstances. These circumstances could include the frequency of the conduct, its
severity, and whether it is threatening or humiliating. Simple teasing, offhand
CHAPTER:
Human Resources
SUBJECT:
Discrimination &
Harassment
POLICY:
300-017
EFFECTIVE:
November 12,
2012
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comments and isolated incidents (unless extremely serious) will not amount to hostile
environment harassment.
Inclusive Campus Action Team (ICAT). ICAT is a standing committee of
appropriate campus stakeholders organized and convened by the Associate Vice
Chancellor for Diversity and Inclusiveness with the authorization of the
Chancellor. ICAT provides informational resources and advice to faculty, staff and
students on inclusiveness issues as well as helping identify the appropriate reporting
mechanisms. ICAT is a resource to the ODH in addressing complaints and
remedies. ICAT also monitors trends, leads initiatives, and advises campus
leadership on inclusiveness concerns.
Retaliation. Retaliation is prohibited by this Policy. To be considered retaliation, a
causal connection is required between a materially adverse action and the act of (1)
reporting an allegation of discrimination or harassment; or (2) participating in support
of an investigation of discrimination or harassment. A materially adverse action is
one that would dissuade a reasonable person from reporting an allegation of
discrimination or harassment, or participating in support of an investigation of an
allegation of discrimination or harassment. A determination of whether an action is
materially adverse is made on a case-by-case basis.
Office of Discrimination and Harassment (ODH). The office that investigates
allegations of discrimination, harassment and related retaliation based upon an
individual’s Protected Class. This office does not have the authority to impose
discipline.
For the UCCS campus, the Discrimination and Harassment Officers are appointed by
the Chancellor. All allegations of harassment or discrimination by faculty, staff or
students are investigated by the Discrimination and Harassment Office. The
Discrimination and Harassment Officers may appoint an investigator to conduct the
investigations. Contact the Office of Discrimination and Harassment to schedule an
appointment at 719-255-4324 or by email at ODH@uccs.edu. The Discrimination and
Harassment Office is located in Keystone 3107.
Dean of Students. This office is also the disciplinary authority for student
respondents.
Supervisors. A supervisor is anyone who has the authority to hire, promote,
discipline, evaluate, grade or direct faculty, staff or students. This includes anyone
who manages or supervises others, including, but not limited to faculty, teaching
assistants, resident advisors, coaches and anyone who leads, administers, advises or
directs University programs.
IV.
REPORTING OBLIGATIONS
CHAPTER:
Human Resources
SUBJECT:
Discrimination &
Harassment
POLICY:
300-017
EFFECTIVE:
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2012
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Supervisor's Obligation to Report
Any supervisor who witnesses or receives a written or oral report or complaint of
discrimination, harassment or related retaliation that occurs in UCCS employment
and educational programs and activities, shall promptly report it to the ODH.
A failure to report this information is a violation of this Policy.
The only supervisors who are not subject to this reporting requirement are those
employees who are required by the supervisor's profession and University
responsibilities to keep certain communications confidential. On the UCCS campus,
those persons are limited to professional counselors who are employed for the
purpose of providing counseling services, any person to whom communications are
privileged as a matter of law, and the ombudsperson.
Obligation to Report
In order to take appropriate corrective action, UCCS must be aware of discrimination,
harassment and related retaliation that occur in UCCS employment and educational
programs and activities. Therefore, anyone who believes that he or she has
experienced or witnessed discrimination, harassment or related retaliation should
promptly report such behavior to the ODH.
V.
PROCEDURES
Reports or complaints pursuant to this Policy will be addressed and resolved as
promptly and as practicable after the complaint or report is made. Ordinarily,
investigations will be concluded and reports submitted to the Chancellor no later than
90 days following the receipt of a complaint.
A. Investigation Process
1. The ODH shall determine the most appropriate means for addressing the
report or complaint. When appropriate, the ODH may coordinate any
investigation with appropriate UCCS officials, such as the Department of
Public Safety, the Dean of Students, and the Office of Residence Life and
Housing. In all instances, however, individuals with non-privileged
information potentially involving Protected Class discrimination or
harassment shall inform the ODH so that the ODH may make a determination
of how to proceed under this Policy. The Department of Public Safety may, in
the course of its criminal investigation, acquire information about Protected
Class discrimination or harassment that should be presented to the ODH.
2. The fact that an investigation is being conducted by another person or entity,
including law enforcement officials, shall not relieve the ODH of the
obligation to conduct a timely investigation. The ODH shall coordinate with
CHAPTER:
Human Resources
SUBJECT:
Discrimination &
Harassment
POLICY:
300-017
EFFECTIVE:
November 12,
2012
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any other person or entity conducting the investigation to ensure that a timely
investigation occurs.
3. All reports or complaints shall be made as promptly as feasible after the
occurrence. A delay in reporting may be reasonable under some
circumstances, as determined on a case-by-case basis. An unreasonable delay
in reporting, however, is an appropriate consideration in evaluating the merits
of a complaint or report.
4. It is the responsibility of the Discrimination and Harassment Officer to
determine the most appropriate means for addressing the report or complaint.
Options include: 1) investigating the report or complaint in accordance with
the provisions that follow; 2) with the agreement of the parties, attempting to
resolve the report of complaint through a form of alternative dispute
resolution (e.g. mediation); or 3) determining whether or not the facts of the
complaint or report, if true, would constitute a violation of this Policy. If the
Complaint or allegations, if true, would not constitute a violation of this
Policy, the ODH shall inform the Complainant and advise the Complainant of
any other potential UCCS resources that may be helpful.
5. If the ODH determines that the Complaint or allegations, if true, could
constitute a violation of this policy, the ODH may, in appropriate
circumstances, offer the Complainant and the Respondent the ability to
participate in mediation to resolve their disputes. Mediation is not appropriate
in any cases where the allegation of discrimination involves violence, threats,
intimate partner violence, or sexual assault. No party shall be required to
participate in mediation.
6. If the parties engage in mediation, and the mediation is successful, the ODH
shall ensure that a written agreement defining the terms between the parties is
prepared and signed by the Complainant and the Respondent. The mediation
agreement shall include a term that violation of the agreement by either party
can constitute a violation of this Policy. Any agreement reached through
mediation should be documented and maintained in the ODH.
7. If the ODH determines that an investigation should occur, the ODH shall
prepare a notice of investigation. The notice of investigation shall contain a
statement of the allegations and shall also inform the Complainant and the
Respondent that they:
a. Receive written notice of the report or complaint, including a statement of
the allegations, as soon after the commencement of the investigation as is
practicable and to the extent permitted by law;
b. Present relevant information to the investigator(s); and
CHAPTER:
Human Resources
SUBJECT:
Discrimination &
Harassment
POLICY:
300-017
EFFECTIVE:
November 12,
2012
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c. Receive, at the conclusion of the investigation and appropriate review, a
copy of the investigator's report, to the extent permitted by law.
8. The Chancellor, the respondent's appointing authority/disciplinary authority
and the respondent's supervisor shall be notified that an investigation is taking
place. For student respondents, the Chancellor and the Dean of Students shall
be notified.
9. The ODH shall have authority to ensure that appropriate measures are taken
during the pendency of the investigation to ensure that no party is subjected to
discrimination, harassment, or retaliation. Appropriate measures may include
no-contact agreements and schedule and work changes.
10. The ODH shall advise the Respondent's supervisor whether the respondent
should be relieved of any supervisory or evaluative authority during the
investigation. If the respondent's supervisor declines to follow the
recommendation of the ODH, s/he shall send a letter explaining the decision
to the Chancellor with a copy to the ODH.
11. At the conclusion of an investigation, the investigator shall prepare a written
report that shall include a statement of factual findings and a determination of
whether this Policy has been violated. The report shall be presented for review
to the Chancellor.
12. Once the Chancellor’s review has been completed, the investigator shall send
the final report to the Complainant and Respondent, to the extent permitted by
law, as well as to the Respondent's supervisor and appointing/disciplinary
authority.
13. The appointing authority/disciplinary authority must initiate formal action
against that individual if he or she was found to have violated this Policy.
14. The appointing authority/disciplinary authority, Dean of Students, and other
administrators with a need to know, may have access to the investigative
records and may consult with the investigator in order to take appropriate
action.
15. The appointing authority/disciplinary authority shall inform the ODH and the
Chancellor, in writing, of the action taken against the individual who has
violated this Policy, or who, in the opinion of the appointing/disciplinary
authority, has behaved inappropriately or unprofessionally. If no disciplinary
action is taken against an individual who has violated this Policy, the ODH
shall inform the Chancellor.
CHAPTER:
Human Resources
SUBJECT:
Discrimination &
Harassment
POLICY:
300-017
EFFECTIVE:
November 12,
2012
PAGE:
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16. In all cases, the ODH shall retain the investigator's report for a minimum of
three (3) years or for as long as any administrative or legal action arising out
of the complaint is pending. In the case of a student respondent(s), records
will be retained according to policies administered by Dean of Students.
17. All records of discrimination, harassment and related retaliation reports and
investigations shall be considered confidential and shall not be disclosed
publicly except to the extent required by law.
18. At the conclusion of any investigation, the ODH or the Chancellor may refer
any issue that does not relate to a specific individual to the Inclusive Campus
Action Team for further evaluation and follow-up.
B. Complaints Involving Two or More University of Colorado Campuses
When an alleged Policy violation involves more than one University of Colorado
campus, the complaint shall be handled by the campus with disciplinary authority
over the respondent. The campus responsible for the investigation may request the
involvement or cooperation of any other affected campus and should advise
appropriate officials at the affected campus of the progress and results of the
investigation.
C. Complaints By and Against University Employees and Students Arising in an
Affiliated Entity.
UCCS employees and students sometimes work or study at the worksite or
program of another organization affiliated with UCCS. When a Policy violation is
alleged by or against UCCS employees or students in those circumstances, the
complaint shall be handled as provided in the affiliation agreement between
UCCS and the other entity.
In the absence of an affiliation agreement or a provision addressing this issue,
UCCS may, in its discretion, choose to: (1) conduct its own investigation; (2)
conduct a joint investigation with the affiliated entity; (3) defer to the finding of
an investigation by the affiliated entity where the University has reviewed the
investigative process and is satisfied that it was fairly conducted; or (4) use the
investigation and findings of the affiliated entity as a basis for further
investigation.
VI.
NO LIMITATION ON EXISTING AUTHORITY
No provision of this Policy shall be construed as a limitation on the authority of an
appointing authority/disciplinary authority under applicable policies and procedures
to initiate appropriate action. If an individual is disciplined for conduct that also
violates this Policy, the conduct and the discipline imposed shall be reported to the
ODH. If an investigation is conducted under this Policy and no Policy violation is
CHAPTER:
Human Resources
SUBJECT:
Discrimination &
Harassment
POLICY:
300-017
EFFECTIVE:
November 12,
2012
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found, that finding does not prevent discipline of the Respondent for inappropriate or
unprofessional conduct under other applicable policies and procedures.
VII.
ANNUAL REPORT
The ODH shall maintain and provide to the Chancellor an annual report documenting:
(1) the number of reports or complaints received pursuant to this Policy; (2) the
categories of those involved in the allegations; (3) the number of Policy violations
found; and (4) examples of sanctions imposed for Policy violations.
VIII.
RESPONSIBILITY
The Chancellor is responsible for the implementation of this Policy.
VII.
RELATED POLICIES
University of Colorado Administrative Policy Statement on Sexual Harassment
Policy and Procedures provides that the University will not tolerate acts of sexual
harassment or related retaliation against or by any employee or student.
University of Colorado Colorado Springs Student Conduct Policies and Procedures
address student conduct that occurs on or as it relates to university property, or at
official functions and university-sponsored programs conducted away from the
campus.
VIII.
HISTORY
Original Complaint Procedures: March 2009
Revised October 2012