Nondiscrimination / Title IX

SP 19-60a – Civil Rights and Sexual Harassment Resolution Process

• Colorado Community College System / System Procedure

Complaint forms

• Non-Civil Rights Complaint Form - Employees
• Non-Civil Rights Complaint Form - Students
• Civil Rights and Sexual Misconduct Reporting Form

Clery Act and the Annual Security Report

• Safety and Security - CleryTrinidad State College

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Civil Rights and Sexual Misconduct Resolution Process

Application

This procedure applies to the Colorado Community College System, including its Colleges (CCCS or System).

Allegations that an individual has engaged in any discriminatory, harassing, and/or retaliatory behavior, including sexual misconduct, after the effective date of this procedure will be resolved under this procedure. 

Basis

Board Policy (BP) 19-60 provides that individuals affiliated with CCCS 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 or marital status, veteran or military status, pregnancy status or related conditions, religion, genetic information, sexual orientation, sex characteristics, sex stereotypes, gender identity, or gender expression, or any other protected class or 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). BP 19-60 further provides that individuals affiliated with CCCS shall not retaliate against any person who opposes discrimination, harassment, or retaliation, or participates in any complaint or investigation process. 

Notice of Discrimination

Individuals affiliated with the Colorado Community College System, including Trinidad State College, 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 or related conditions, marital status, religion, genetic information, gender identity, sexual orientation, sex characteristics, sex stereotypes, gender expression, or any other protected class or 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). BP 19-60 further provides that individuals affiliated with CCCS shall not retaliate against any person who opposes discrimination, harassment, or retaliation, or participates in any complaint or investigation process.

Retaliation

The College prohibits any acts of retaliation. Retaliation is defined as 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 also includes any act 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.

How to Report

• Any person can make a report by contacting the Deputy Title IX/EO Coordinator.
• A report can be made at any time.
• Trinidad State College 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.

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)
  950 17th Street, Suite 300
  Denver, CO  80202
  
  Telephone:  (800) 669-4000
  Facsimile:  (303) 866-1085
  Web:  https://www.eeoc.gov/field-office/denver/location

Student Pregnancy or Related Conditions

Employees who become aware of a student's pregnancy or related condition are required to provide the student with the contact information of the Deputy Title IX/EO Coordinator so they can coordinate specific actions to ensure the student’s access to the college’s educational program or activity. To request reasonable modifications for pregnancy or related conditions, contact the Deputy Title IX/EO Coordinator at the above information.

• Reasonable modifications may include, but are not limited to Breaks during class to express breast milk, breastfeed, or attend to health needs associated with pregnancy or related conditions, including eating, drinking, or using the restroom
• Intermittent absences to attend medical appointments
• Access to online or homebound education
• Changes in schedule or course sequence
• Extensions of time for coursework and rescheduling of tests and examinations
• Allowing a student to sit or stand or carry or keep water nearby.
• Counseling
• Changes in physical space or supplies (for example, access to a larger desk or a footrest.
• Elevator access
• Other changes to policies, practices, or procedures

For more information about the college’s policy regarding pregnancy or related conditions, contact the Deputy Title IX/EO Coordinator.

Supportive Measures

“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 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 (but not limited to):

• Counseling
• Reporting to law enforcement
• 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
• Other similar measures

2023-VAWA-Brochure-revised.pdf (nhlp.org)

For more information about supportive measures, contact the Deputy Title IX/EO Coordinator.

Resources

• Colorado Department of Education (CDE) and Title IX
  201 East Colfax Ave.
  Denver, CO 80203
  Phone: 303-866-6600
  Fax: 303-830-0793
  
  
• Pandora’s Project: Support and resources for survivors of rape and sexual abuse
  www.pandys.org
  
  
• Rape, Abuse and Incest National Network
  www.rainn.org

Immediate medical attention, preservation of evidence, and SANE examination
(C.R.S.A. ss23-5-143)

If you are a victim of a sexual assault, you may decide to request a medical forensic exam from a Sexual Assault Nurse Examiner (SANE) to preserve evidence that may be used for the purposes of legal action. While you do not need to decide immediately if you want to report to law enforcement or pursue legal action, the preservation of evidence is most effective when done immediately after an assault. It is ideal to obtain medical treatment as soon as possible before bathing, showering, douching, or changing clothes. There is no cost to the exam. You may go to the following emergency room providers to request a SANE exam: SANELocations.pdf (state.co.us).

If you do not have transportation to the facility, you may contact a friend or family member, or sexual assault advocates that will provide transportation, taxi service, public transportation, or other providers. Any cost for transportation is the responsibility of the student. Victims who chose to have a medical forensic examination done are not obligated, at any time, to participate in a law enforcement
investigation or any criminal justice response along with any administrative proceedings with the College. If you have further questions, please contact the Deputy Title IX/EO Coordinator.

Recordkeeping

Colleges must keep a repository of all written or oral complaints for seven (7) years including date, identity of the Complainant (or anonymous), identity of Respondent, and substance of the complaint. This repository is not a public record.

Other records related to 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 or transcripts, 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. 

Rights of Parties

• To be treated equitably and 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
• 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

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