Making a Report

Privacy*: Means (generally) that information related to a report of prohibited conduct as stated in our University policies will be shared with a limited number of individuals on a “need-to-know” basis in order to assist in the active review, investigation, resolution of the report, and related issues. All University employees who are involved in a potential response to a report receive specific training and guidance about safeguarding private information in accordance with applicable laws.

Note*: The privacy of student education records will be protected in accordance with the University’s policy for compliance with the Family Educational Rights and Privacy Act (FERPA) and state law protections. Access to personnel records is restricted in accordance with University policy and state law.

Confidentiality*: Means that information shared by an individual with designated campus or community professionals cannot be revealed to any other person without expressed permission of the individual, or as otherwise permitted or required by law. Those campus and community professionals who have the ability to maintain confidential relationships include health care providers, mental health professionals, the sexual assault or domestic violence complainant advocate, attorneys, and ordained clergy, all of who normally have privileged confidentiality that is recognized by Colorado state law.

The Title IX Coordinator has also designated the Ombuds Staff serving in their capacity as a confidential resource for the CU Denver and CU Anschutz campuses. These individuals are prohibited from breaking confidentiality unless: (i) given permission to do so by the person who disclosed the information; (ii) there is an imminent threat of harm to self or others; (iii) the conduct involves suspected abuse of a minor under the age of 18; or (iv) as otherwise required or permitted by law or court order.

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Note*: Communications with confidential resources acting in their official capacity are not considered “Responsible Employees" for mandatory reporting purposes.

If a complainant (reporting party) has disclosed an incident of misconduct to the OE, but wishes to maintain privacy or requests that no formal complaint or investigation be conducted or disciplinary action taken, the Title IX Coordinator or a designee will explain that the University prohibits retaliation and will explain the actions the University will take to prevent retaliation if the individual participates in a resolution process, and will take responsive action if it occurs.

If, having been informed of the University’s prohibition of retaliation and its obligations to prevent and respond to retaliation, the individual would still like to maintain privacy or requests that no resolution process be pursued or disciplinary action be taken, the Title IX Coordinator or a designee will weigh that request against the University’s obligation to provide a safe, nondiscriminatory environment in its programs, activities, and employment.

In making that determination, the Title IX Coordinator or designee will consider a range of potentially overriding factors that would cause the campus to address the alleged conduct in some manner or take disciplinary action after an investigation if misconduct occurred, including the following:

• The risk that the alleged perpetrator will commit additional acts of misconduct or other violence;
• The seriousness of the alleged misconduct, including whether the alleged perpetrator threatened further misconduct or other violence against the alleged complainant (reporting party) or others, whether the alleged misconduct was facilitated by the incapacitation of the alleged complainant (reporting party), or whether the alleged perpetrator has been found responsible in legal or other disciplinary proceedings for acts of misconduct or other violence;
• Whether the alleged misconduct was perpetrated with a weapon;
• Whether the alleged complainant (reporting party) is a minor;
• Whether the University possesses a means other than the alleged complainant’s (reporting party's) testimony to obtain relevant evidence of the alleged misconduct (e.g., security cameras or personnel, physical evidence); or
• Whether the alleged misconduct reveals a pattern of perpetration at a given location or by a particular group.

The decision to proceed with a resolution process or other action despite the individual’s request that no resolution process or action proceed will be conducted on a case-by-case basis after an individualized review.