What happens when a report is made?
The University has authority to and will conduct at least a Preliminary Inquiry upon receiving a report or complaint alleging prohibited conduct. A Preliminary Inquiry may include, but is not limited to, evaluating whether the report or complaint implicates a policy enforced by the OE, whether the complaint and parties are within the jurisdiction of the OE, and whether the report or complaint presents a safety threat such that the OE must report the concern to law enforcement. After a Preliminary Inquiry is conducted, the OE shall then determine the most appropriate means for addressing the report or complaint.
Options include, but are not limited to:
- Educational Resolution Process (Policy Compliance Remedies)
- Informal Resolution Process
- Formal Grievance Process (Formal Investigation)
- Referrals (to an employee’s appointing/disciplinary authority or supervisor and/or appropriate office(s) on campus best suited to address the reported concerns if outside OE jurisdiction)
The Educational Resolution Process provides a remedies-based approach specific to the circumstances of the incident, but does not make a determination as to whether a policy has been violated. The process does not involve a written report. This approach allows the University to tailor responses to the unique facts and circumstances of an incident, particularly in cases where there is not a broader threat to individual or campus safety.
In these cases, the OE may do one or more of the following:
- Provide interim or long-term supportive measures to the complainant and the respondent;
- Provide a referral to other campus-based resolution processes as appropriate based on the specific facts of the complaint;
- Provide targeted or broad-based educational programming or training; and/or
- Conduct an Educational Policy Compliance Meeting with the respondent to (1) discuss the behavior as alleged and provide an opportunity to respond; (2) review prohibited conduct under the applicable policy; (3) identify and discuss appropriate future conduct and behavior as well as how to avoid behavior that could be interpreted as retaliatory; (4) inform the complainant of the respondent’s responses if appropriate; and (5) notify Student Conduct and Community Standards or the respondent’s appointing or disciplinary authority of the allegations and responses if necessary, who will determine whether any other disciplinary action is appropriate.
Review the OE's reporting and resolution options in full related to each specific policy here.
The Informal Resolution Process is designed to resolve complaints while meeting the needs and interests of the involved parties. The Informal Resolution Process is entirely voluntary and will not occur unless complainant and respondent agree in writing to participate. For employee respondents, their appointing/disciplinary authority must also provide their voluntary, written consent. Parties who choose to participate in the voluntary Informal Resolution Process will be sent a Notice of Agreement to Engage in Informal Resolution.
The Informal Resolution Process may include:
- Mediation;
- Restorative Justice (when available);
- Referral to Adaptable Resolution (available only for CU Anschutz);
- Separating the parties;
- Safety and supportive measures;
- Referring the parties to counseling;
- Disciplinary sanctions;
- Conducting targeted preventive educational and training programs;
- Conducting a follow-up review to ensure that the resolution has been implemented effectively.
The Assistant Vice Chancellor of the OE or designee will oversee the Informal Resolution process, conduct an initial and on-going assessment as to whether the Informal Resolution Process should continue, and make the final determination on all Informal Resolutions facilitated by the OE regarding whether the terms agreed to by the complainant and respondent are appropriate in light of all of the circumstances of the complaint.
In some circumstances, depending on the nature and/or severity of the allegations, an Informal Resolution may not be appropriate, and the Assistant Vice Chancellor of the OE or designee will not approve an Informal Resolution. The Informal Resolution Process is not available when a complaint alleges that a University employee sexually harassed a student.
Review the OE's reporting and resolution options in full related to each specific policy here.
A Formal Grievance Process (formal investigation) may result in disciplinary action if the alleged behavior is found to be a violation under University policy. The Formal Grievance Process includes specific procedures in order to protect due process rights for all parties.
In a formal process, the complainant and the respondent each have the right to:
- A process conducted by trained officials who do not have a conflict of interest or bias for or against the complainant or respondent.
- Interim measures, as reasonably appropriate and available, before or during a formal process. Such measures are intended to maintain the educational or employment environment for involved parties.
- Receive notice prior to participating in a meeting, interview, or hearing with sufficient time to prepare for meaningful participation.
- Present relevant information, including evidence and identifying witnesses, and the right to inspect or review any evidence obtained.
- Have an advisor of their choosing to accompany them.
- If applicable to the process, a hearing where each party has an advisor of their choosing, or one provided by the University at no cost, to conduct cross-examination. Live hearings will be conducted virtually, with parties located in separate rooms. Hearings are closed to the public.
- The option to appeal the formal adjudication findings or sanction as applicable.
Review the OE's reporting and resolution options in full related to each specific policy here.
In cases where the Formal Grievance Process results in a finding of a policy violation, disciplinary action will be based on whether someone is a student or employee and on the applicable policy.
Factors considered in sanctioning may include severity and/or pervasiveness of the conduct, relationship between the parties, whether there was use of force/violence, weapons, or threat of violence, whether the complainant was incapacitated (if applicable), impact on the complainant and respondent, prior history of related conduct, and ongoing risk to safety for the complainant or the University community.
Sanctions for respondents, whether a student or an employee, are determined by the factors in each case and may include educational sanctions, probation, letter of reprimand or corrective action, restrictions or denial of university services, suspension, exclusion from campus, expulsion, demotion, dock in pay, or dismissal.
Review the OE's reporting and resolution options in full related to each specific policy here.