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Every organization, large and small, runs more smoothly when policies and procedures are in place. This chapter touches briefly on policies that are most important to students and their academic pursuits. The University of Colorado Denver’s Policies and Guidelines website, www.ucdenver.edu/admin/policies/, provides a complete list of policies for every facet of the organization, including those from other organizations that affect the Denver Campus, such as the Laws of the Regents and policies of the Auraria Higher Education Center.
Academic Honor Code and Discipline Policies
Policies related to academic credit and grades are explained in the Registration and Records chapter of this catalog.
A university’s reputation is built on a standing tradition of excellence and scholastic integrity. As members of the CU Denver academic community, faculty and students accept the responsibility to maintain the highest standards of intellectual honesty and ethical conduct in completing all forms of academic work at the university.
Forms of Academic Dishonesty
Students are expected to know, understand and comply with the ethical standards of the university. In addition, students have an obligation to inform the appropriate official of any acts of academic dishonesty by other students of the university. Academic dishonesty is defined as a student’s use of unauthorized assistance with intent to deceive an instructor or other such person who may be assigned to evaluate the student’s work in meeting course and degree requirements. Examples of academic dishonesty include, but are not limited to the following:
Plagiarism is the use of another person’s distinctive ideas or words without acknowledgment. The incorporation of another person’s work into one’s own requires appropriate identification and acknowledgment, regardless of the means of appropriation. The following are considered to be forms of plagiarism when the source is not noted:
- word-for-word copying of another person’s ideas or words
- the mosaic (the interspersing of one’s own words here and there while, in essence, copying another’s work)
- the paraphrase (the rewriting of another’s work, yet still using their fundamental idea or theory)
- fabrication (inventing or counterfeiting sources)
- submission of another’s work as one’s own
- neglecting quotation marks on material that is otherwise acknowledged
Acknowledgement is not necessary when the material used is common knowledge.
Cheating involves the possession, communication or use of information, materials, notes, study aids or other devices not authorized by the instructor in any academic exercise or communication with another person during such an exercise. Examples of cheating are:
- copying from another’s paper or receiving unauthorized assistance from another during an academic exercise or in the submission of academic material
- using a calculator when its use has been disallowed
- collaborating with another student or students during an academic exercise without the consent of the instructor
C. Fabrication and Falsification
Fabrication involves inventing or counterfeiting information, i.e., creating results not obtained in a study or laboratory experiment. Falsification, on the other hand, involves the deliberate alteration or changing of results to suit one’s needs in an experiment or other academic exercise.
D. Multiple Submission
This is the submission of academic work for which academic credit has already been earned, when such submission is made without instructor authorization.
E. Misuse of Academic Materials
The misuse of academic materials includes but is not limited to the following:
- stealing or destroying library or reference materials or computer programs
- stealing or destroying another student’s notes or materials or having such materials in one’s possession without the owner’s permission
- receiving assistance in locating or using sources of information in an assignment when such assistance has been forbidden by the instructor
- illegitimate possession, disposition or use of examinations or answer keys to examinations
- unauthorized alteration, forgery or falsification of academic records
- unauthorized sale or purchase of examinations, papers or assignments
F. Complicity in Academic Dishonesty
Complicity involves knowingly contributing to another’s acts of academic dishonesty.
Procedures in Cases of Suspected Academic Dishonesty
All matters of academic policy, including academic dishonesty, are under the jurisdiction of each of the university’s schools and colleges pursuant to Article 4.A.2 and Article 5.E.5 of the Laws of the Regents. Accordingly, each school and college has established procedures for addressing matters of academic dishonesty and for determining the severity and consequences of each infraction. Students should contact their school or college dean’s office for procedures specific to their school or college.
Academic Probation and Suspension Policies
Students at the University are expected to maintain progress in their degree program, as defined by being in “good academic standing.” Good academic standing requires minimally a cumulative grade point average (GPA) of 2.0 on all University of Colorado course work.
Academic probation is a warning to students that they are not progressing toward completion of their degree in a satisfactory manner.
Students are placed on academic probation when their cumulative CU GPA falls below a 2.0 at the end of any academic term.
Students are informed in writing (via university-assigned e-mail and postal letter) of their academic probation status.
Students on academic probation will be required to complete the academic success plan during their first semester on academic probation.
Students will be required to schedule an appointment and meet with their academic advisor to discuss the completed academic success plan before they will be allowed to register for the subsequent term.
Students on academic probation will be required to schedule an appointment and meet with their academic advisor every semester that they are on academic probation before they will be allowed to register.
Academic probation requires that students achieve a minimum 2.3 semester GPA each subsequent term until their cumulative CU GPA is at least a 2.0 to return to good academic standing. Students must achieve a minimum 2.0 cumulative CU GPA to meet graduation requirements.
Students who fail to earn the 2.3 semester GPA during any semester of academic probation will be placed on restricted academic probation.
Students have five semesters or 30 credits (whichever happens sooner) to raise their cumulative GPA to above a 2.0, or they will be placed on academic suspension.
Once a student has raised his/her cumulative CU GPA to at least a 2.0, s/he will be removed from academic probation and notified via university-assigned e-mail that s/he is in academic good standing.
Restricted Academic Probation
Students who fail to earn the 2.3 semester GPA during any semester of academic probation will be placed on restricted academic probation.
Students are informed in writing (via university-assigned e-mail and postal letter) of restricted academic probation status.
Students on restricted academic probation will be allowed to enroll for a maximum of 6 credits/two classes per semester (whichever is more). A course and its attached lab are considered to be one course in this case.
Students on restricted academic probation will be required to schedule an appointment and meet with their academic advisor in order to register for courses.
Students on restricted academic probation will not be able to register online; they will need to register for courses using a schedule adjustment form, which must be submitted to the Service Center (North Classroom #1003) for processing.
Restricted academic probation requires that students achieve a minimum 2.3 semester GPA each subsequent term until their cumulative CU GPA is at least a 2.0. Students must achieve a minimum 2.0 cumulative CU GPA to return to good academic standing and to meet graduation requirements.
Students on restricted academic probation who do not meet the 2.3 minimum semester GPA will be placed on academic suspension.
Students who fail to raise their cumulative GPA to 2.0 or above in five semesters or 30 credit hours on academic probation and restricted academic probation will be placed on academic suspension.
Students on restricted academic probation who do not meet the 2.3 minimum semester GPA will be placed on academic suspension.
Students are informed in writing via certified/registered letter of their academic suspension status.
The minimum duration of academic probation is for a period of one year (three semesters, including summer term). Students placed on academic suspension will be unable to take courses from any CU campus during this time.
Should a student be placed on academic suspension while registered for the next semester, s/he will be administratively dropped from their courses by the university.
A student’s academic suspension status is permanently indicated on his/her official University of Colorado transcript.
During the one-year academic suspension period, students who wish to return to the university should consider one (or both) of the following actions:
- Attend another regionally-accredited college/university.
- Students who choose to attend another institution while on academic suspension can take as many or as few credits as they choose, but must earn a 2.75 cumulative GPA in all transferable course work.
- Students should consult their academic advisor to discuss appropriate course work.
- Use the time off to directly address and resolve the factors that contributed to the academic difficulty.
After the one-year suspension period has elapsed, students must petition the appellate committee (of the school or college they wish to enter) for readmission and meet and document at least one of the following criteria:
- Attendance at another regionally accredited college/university where they earned a minimum cumulative GPA of 2.75 in transferable credit.
- Explanation of their previous academic difficulty, demonstration of what has changed and how this will allow them to now achieve and maintain good academic standing (including a semester GPA of at least 2.3 and a cumulative GPA of at least a 2.0).
Students who choose to petition their college’s appellate committee for re-admission must submit their petitions by the following deadlines:
- For fall admission: June 1
- For spring admission: December 1
- For Maymester/summer admission: April 1
If a student is granted readmission and his/her CU GPA is below a 2.0, s/he will be re-admitted on restricted academic probation. These students must meet the condition of restricted academic probation every semester until their cumulative CU GPA is at least a 2.0.
Students who are readmitted after their first academic suspension and fail to meet the conditions of restricted academic probation for a second time are placed on a second suspension for an indefinite period of time.
Students on a second suspension may be readmitted to the university only by petition to the college’s appellate committee.
Students will not be considered for re-admission unless they have demonstrated significant improvement in academic performance at the college/university level, and/or considerable and positive change in personal circumstances.
Code of Student Conduct - Community Standards and Wellness
Director: Larry Loften
Office: Tivoli Student Union, 227
As members of the CU Denver community, students are expected to uphold University standards, which include abiding by state, civil and criminal laws and all university policies and standards of conduct. These standards assist in promoting a safe and welcoming community.
The university strives to make the campus community a place of study, work and residence where people are treated, and treat one another, with respect and courtesy. The university views the student conduct process as a learning experience that can result in growth and personal understanding of one’s responsibilities and privileges within both the university community and the greater community. All students must follow these standards. Students who violate these standards will be subject to the actions described below. These procedures are designed to provide fairness to all who are involved in the conduct process.
Philosophy of Student Conduct
The Office of Community Standards and Wellness views the conduct process as a learning experience that helps students to understand their responsibility both to themselves and their living and learning community. We strive to learn from one another in an educational environment that holds mutual respect for individuals and community in high regard and self-responsibility for behaviors. Behavior that conflicts with established standards, policies and guidelines may be referred for conduct proceedings.
Every member of the student community must assume responsibility for becoming educated about the various university and housing standards, policies and guidelines. It is against the basic nature of this community for anyone to demean or discriminate against another human being. A caring, educational community does not tolerate physical or psychological threats, harassment, intimidation or violence directed against a person.
Such behavior is subject to the university conduct processes.
We are committed to a campus community where diversity is appreciated and valued, and where all individuals are treated fairly and with respect. We encourage curiosity, open communication, continuous learning and community service as ways to create a socially just environment. We support the right to respectful disagreement with ideas and philosophies different from their own. However, we do not permit any form of behavior that places anyone in dangerous, discriminatory, or harassing environments. As a community, we expect all community members to work towards these same goals.
Article I – Authority
Article 7, Part B, of the Laws of the Regents requires each campus to develop a student code of conduct. The Office of Community Standards and Wellness (CSW) is authorized to establish and administer this policy. Any questions regarding interpretation of this code or any of its provisions should be directed to the assistant vice chancellor for university life or his/her designee for final determination.
- The director of community standards and wellness shall appoint student conduct officers and appeals officers and determine which student conduct administrator and appeals officer shall be authorized to hear each matter.
- The director of community standards and wellness shall develop policies for the administration of the student conduct system and procedural rules.
- Decisions made by a student conduct administrator shall be final, pending the normal appeal process.
Article II – Jurisdiction
- The University of Colorado Denver (CU Denver) student conduct code shall apply to conduct that occurs on university premises, university-sponsored programs or activities, Campus Village Apartments and to off-campus conduct that adversely affects the university community, poses a threat to the safety of persons or property, or damages the institution’s reputation or relationship with the greater community. In addition, CU Denver, in collaboration with the communities of the greater Denver metropolitan area, may respond to student violations of community-based laws and ordinances designed to protect civility and quality of life. The director of community standards and wellness or his/her designee shall decide whether the Student Conduct Code shall be applied to conduct occurring off-campus on a case-by-case basis.
- Each student shall be responsible for his/her conduct from the time of application for admission through the actual conferral of a degree, even though conduct may occur before classes begin or after classes end, as well as during the academic year and during periods between terms of actual enrollment. The disciplinary process may proceed even if the student withdraws from school while a disciplinary matter is pending.
- It is the duty of all students who are potential parties or witnesses to an alleged violation of the student code of conduct to participate conscientiously. Students have a duty to cooperate and to discuss the incident with an investigator and conduct officer, adhere to stated deadlines, attend scheduled meetings and participate in all proceedings. Failure to meet these duties may result in a decision being made without the benefit of the student’s participation or may result in a student being charged with failing to comply with the direction of a university official (Article IV, 12). It is the responsibility of a charged student to seek modification to any criminal or civil restraining orders to allow for the completion of any conduct process defined in the student conduct code.
- Proceedings initiated under this policy are separate from civil or criminal proceedings that may relate to the same incident. Investigations or conduct proceedings by the university are not postponed while criminal or civil proceedings are pending unless otherwise determined by the conduct officer.
- The unexcused failure of a student to appear and/or respond to the conduct process does not prevent the university from proceeding with the conduct process.
Article III – Definitions
- Acceptance of Responsibility. The charged student agrees that their behavior constitutes a violation of the code of conduct, as outlined in the conference notice.
- Affirmative Consent. For the purposes of this rule, consent shall be defined as the act of knowingly and voluntarily agreeing verbally or nonverbally to engage in sexual activity. An individual cannot consent who is obviously substantially impaired by any drug or intoxicant; or who has been purposely compelled by force, threat of force, or deception; or who is unaware that the act is being committed; or whose ability to consent or resist is obviously impaired because of a mental or physical condition; or who is coerced by supervisory or disciplinary authority.
- Aggravating Factor. Any circumstances accompanying the commission of misconduct that add to its seriousness. Examples may include the use of violence or force, violation of a trust or duty, premeditation of an incident, the existence of a previous conduct violation, and elements of hate and bias.
- Appeal Officer. Any individual appointed by the director of community standards to process student conduct appeals.
- Complainant. Any person who submits a report alleging that a student violated this student code.
- Conduct Administrator/Conduct Officer. Any individual appointed by the director of community standards and Wellness to process student conduct matters.
- Conduct Process. Any process outlined in this student conduct code policies and procedures.
- Designation. A student’s classification; i.e., graduate, undergraduate, continuing education, degree seeking or non-degree-seeking.
- Faculty Member. Any person hired by the university to conduct classroom or teaching activities or who is otherwise considered by the university to be a member of its faculty.
- Member of the University and Campus Community. Includes any person who is a student, faculty member, university official or any other person employed by the university. This term also applies to students, faculty members and university officials of the other institutions on the Auraria Campus, including but not limited to: the Metropolitan State College of Denver (MSCD), the Community College of Denver (CCD), and the Auraria Higher Education Center (AHEC). A person’s status in a particular situation shall be determined by the director of community standards and wellness.
- Mitigating Factor. Extenuating circumstances that may be taken into account to reduce a sanction. They do not constitute a justification or excuse for the offense in question.
- Parent. A student’s parent or legal guardian.
- Peace Officer. A person designated by the University of Colorado, its agents, or the state or federal government with the responsibility of enforcing laws or policies.
- Policy. The written regulations of the University as found in, but not limited to, the student code of conduct, Campus Village resident handbook, the university web page and computer use policy, and graduate/undergraduate catalogs.
- Preponderance of Evidence. What happened more likely than not, or “50% plus a feather.” This shall be the standard of proof used in all conduct proceedings under this code.
- Respondent. Any student accused of violating this student code.
- Student. The term student includes all persons taking courses at the university, either full time or part time, pursuing undergraduate, graduate or professional studies, as well as non-degree students and concurrently enrolled high school students. This also includes individuals admitted, those attending orientation sessions and those that were enrolled at the date of an alleged incident. Persons who withdraw after allegedly violating the student conduct code are also considered “students.” This student code applies at all locations of the university, including the Denver and Anschutz Medical campuses and any off-campus locations hosting classes or official university functions may be held.
- University. The University of Colorado Denver.
- University Official. A university employee working in the performance of his or her duly authorized duties. University officials may be full or part time, or may be student staff members or resident advisors.
- University Premises. Includes all land, buildings, facilities and other property in the possession of or owned, used or controlled by the university (including adjacent streets and sidewalks, all AHEC facilities, and Campus Village Apartments)
- Witness. Any individual who may have information relating to a conduct case.
- Working Day. Monday through Friday, except for official university holidays.
Article IV – Rules, Regulations and Statement of Community Expectations
The conduct listed below is prohibited, as are attempts to commit, aid, abet or incite others to commit conduct prohibited by this code. Engaging in retaliatory acts against a person who reports an alleged violation of the code or testifies, assists or participates in a conduct proceeding or investigation is a violation of this code.
The recommended minimum sanction for violating any of the below standards with bold type shall be suspension unless specific and significant mitigating factors are present.
- Assaulting or physically abusing another person or being involved in brawling.
- In the case of a student who is found responsible via the student conduct code process to have caused severe injury or bodily harm, the minimum sanction shall be suspension.
- Severe injury and bodily harm includes but is not limited to the following: broken bones, concussions, lacerations, etc.
- Intimate partner violence. Intimate partner violence is conduct between people who are or were involved in a sexual or romantic relationship when one person in the relationship causes harm or significant alarm or distress to the other person. This includes but is not limited to threats, assault, or other action against the person or their property when used as a method of coercion, control, punishment, intimidation or revenge. For more information on interpersonal violence policies and procedures please see Appendix V.
- Threatening or endangering the health or safety of a person (one’s self or others).
- Sexual Misconduct: Sexual misconduct includes nonconsensual sexual intercourse, nonconsensual sexual contact and sexual exploitation or exposure, and sexual harassment.
- Nonconsensual sexual intercourse: Nonconsensual sexual intercourse is any sexual intercourse (anal, oral or vaginal), including sexual intercourse with an object, however slight, by one person upon another without consent.
- Nonconsensual sexual contact: Nonconsensual sexual contact is any sexual touching (including touching with an object), however slight, by one person on another without consent.
- Sexual exploitation and/or exposure: Sexual exploitation is when a student takes nonconsensual, unjust or abusive sexual advantage of another for his/her own pleasure, advantage or benefit, or to pleasure, benefit or advantage anyone other than the one being exploited. Sexual exposure occurs when a student engages in lewd exposure of the body done with the intent to arouse or satisfy the sexual desire of any person.
- Sexual harassment
Note: For the purposes of this rule, consent shall be defined as the act of knowingly and voluntarily agreeing verbally or nonverbally to engage in sexual activity. An individual cannot consent who is obviously substantially impaired by any drug or intoxicant; or who has been purposely compelled by force, threat of force, or deception; or who is unaware that the act is being committed; or whose ability to consent or resist is obviously impaired because of a mental or physical condition; or who is coerced by supervisory or disciplinary authority.
- Indecently exposing one’s body.
- Stalking. Repeated conduct which reasonably and subjectively causes another person to fear for his/her safety or repeated conduct which causes a person to alter his/her activities in response to the repeated conduct. Such repeated conduct may include but is not limited to any of the following: following or approaching a person or a member of that person’s family or household; contacting a person or a member of that person’s family or household whether or not conversation ensues; and placing a person or a member of that person’s family or household under surveillance.
- Hazing. Any action or situation that recklessly or intentionally endangers the health, safety or welfare of an individual for the purpose of initiation, participation, admission into or affiliation with any organization at the University. Hazing includes, but is not limited to, any abuse of a mental or physical nature, forced consumption of any food, liquor, drugs or substances, or any forced physical activity that could adversely affect the health or safety of an individual. Hazing also includes any activity that would subject the individual to embarrassment or humiliation, the willingness of the participant in such activity notwithstanding. (See Appendix 2)
- Abusive conduct. Unwelcome conduct by an individual(s) 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 comments and isolated incidents (unless extremely serious) will not amount to abusive conduct.
- This policy should not be construed, and will not be enacted, to deny any student the right of free speech and expression.
- Violating any federal, state or local law or university regulation or policy. University policy may include but is not limited to:
- Violating the university’s administrative policy statement entitled, “Sexual Harassment Policy Campus Appendix.”
- Violating the University of Colorado Denver policy entitled, “Non-Discrimination Policy.”
- Violating the University of Colorado Denver policy entitled, “Computing Policy Statement.”
- Interfering with, obstructing or disrupting a University activity.
- University activities include, but are not limited to, all normal university activities, such as teaching, research, recreation, meetings, public events and disciplinary proceedings.
- This prohibition includes, but is not limited to, interference, obstruction or disruption of the freedom of expression or movement of students or other members of the university community and their guests.
- Interfering with, obstructing or disrupting police or fire responses. This prohibition includes, but is not limited to:
- Resisting arrest.
- Failing to abide by the directions of a peace officer.
- Tampering with, impairing, disabling or misusing fire protection systems such as smoke detectors, fire extinguishers sprinklers or alarms.
- Failing to evacuate during a fire alarm.
- Arson/setting fires.
- Failing to comply with the direction of university or housing officials who are performing their duties. Students are required to comply with instructions or directions given by University or housing officials, including, but not limited to, an instruction to present identification and an instruction to appear at conduct proceedings or other mandatory meetings.
- Failing to abide by or complete a university sanction in a satisfactory manner, including violating the student conduct code while on university probation or suspension in abeyance.
- Providing false information to university officials, student conduct administrators or peace officers in performance of their duties or forging, altering, falsifying or misusing documents or records or knowingly using/possessing forged, altered or false documents or records.
- Retaliating against or discouraging an individual from participating in a university process, acting improperly to influence a university conduct process, or the unauthorized release of confidential student or university information/records.
- Direct contact with an individual or conduct body or contact through third party may constitute a violation of this provision.
- Violating any policy or procedure listed in the Campus Village at Auraria Resident Handbook while in Campus Village. See a complete list of Campus Village policies and procedures at: http://www.ucdenver.edu/life/services/housing/prospective-students/international-students/Documents/CampusVillageatAuraria_Handbook.pdf.
- Unauthorized entry into or exit from a university facility or property including Campus Village Apartments.
- Damaging university property or property belonging to another.
- Engaging in, inciting or arming someone for a riot or public disturbance.
- Use of electronic or other devices to make an audio or video record of another person without that person’s express consent and/or knowledge when such a recording is likely to cause injury or distress to the individual being recorded.
- Possessing firearms, explosives, fireworks, incendiary devices, ammunition or other weapons on campus.
- Possession of a harmless instrument designed to look like a firearm, explosive or dangerous weapon is also prohibited by this policy (including but not limited to BB guns, pellet guns, airsoft guns, martial arts equipment and knives with a blade over 3” in length).
- As mandated by regent’s policy, in the case of a student who is found responsible via the student conduct code process to have intentionally or recklessly used or possessed a weapon in a way that would intimidate, harass, injure, or otherwise interfere with the learning and working environment of the university, the minimum disciplinary sanction shall be expulsion.
- In the case of a harmless instrument as described in section 21a., the minimum sanction shall be expulsion if the student used the item with the intent to cause fear in or assault to another person.
- Mere possession of firearms, explosives, fireworks, incendiary devices, ammunition, other weapons or instruments designed to look like any of the above will result in suspension unless mitigating factors are present.
- Theft, including but not limited to, possessing property known to be stolen, or taking property of another without consent, even with an intent to return the property.
- Possessing, using, providing, manufacturing, distributing or selling drugs or drug paraphernalia or prescription drugs in violation of law or university policies.
- If the violation occurs in Campus Village Apartments, this prohibition includes a student who knew or reasonably should have known, s/he was in the presence of illegal drugs or drug paraphernalia or prescription drugs.
- Attending classes or university functions while under the influence of drugs/illegal substances shall also be considered a violation of this policy. This includes inappropriate alcohol-related behavior at official university functions where alcohol is served.
- In the case of a student who is found responsible via the student conduct code process to have endangered the health, safety or welfare of an individual through the provision of drugs, the minimum disciplinary sanction shall be suspension.
Note: Although possession and use of marijuana for certain medical conditions consistent with the requirements of the Colorado Constitution is no longer a crime in the state of Colorado, the possession and use of marijuana remains illegal under federal law. Consistent with federal law, including the Controlled Substances Act and the Drug Free Schools and Communities Act, the use and/or possession of marijuana continues to be prohibited while a student is on campus, including while in campus housing.
NOTICE TO STUDENTS CONCERNING PENALTIES FOR DRUG VIOLATIONS.
(1) NOTICE UPON ENROLLMENT—Each institution of higher education shall provide to each student, upon enrollment, a separate, clear and conspicuous written notice that advises the student of the penalties under section 484(r).
(r) SUSPENSION OF ELIGIBILITY FOR DRUG-RELATED OFFENSES—
(1) IN GENERAL—A student who has been convicted of any offense under any federal or state law involving the possession or sale of a controlled substance shall not be eligible to receive any grant, loan, or work assistance under this title during the period beginning on the date of such conviction and ending after the interval specified in the following table:
If convicted of an offense involving:
The possession of a controlled substance: Ineligibility period is:
First offense …………………………….. 1 year
Second offense …………………………. 2 years
Third offense ……………………………. Indefinite
The sale of a controlled substance: Ineligibility period is:
First offense …………………………….. 2 years
Second offense …………………………. Indefinite
Article V – Student Conduct Code Procedures – Individual Students
- The discipline process can be initiated by police reports, Campus Village incident reports, or a report from any faculty, administrative staff, student or other member of the university/campus/general community. This process is initiated through the submission of a written account of the incident to the Office of Community Standards and Wellness.
- In some cases, alternative dispute resolution such as restorative justice or mediation may be offered by mutual consent of the parties involved and on a basis acceptable to the conduct officer. A written summary of these agreements are provided to all parties. These agreements are binding and once entered are not subject to appeal. Failure to abide by the agreements could result in the situation being returned through the conduct process for possible disciplinary action.
- Upon the receipt of a written report, the conduct officer may determine that there is sufficient reason to charge the student with a violation of the student conduct code and a university disciplinary hearing is warranted. The conduct officer may 1) initiate conduct proceedings by sending the student a conference notification; 2) resolve the situation through an informal resolution process including but not limited to mediation or a meeting between the respondent and a student conduct officer or a third party; or 3) determine that the facts of the complaint or report, even if true, would not constitute a violation of the conduct code or applicable policy.
B. Conference Notification
- All charges shall be presented to the respondent in electronic form via their official CU Denver e-mail account. This notification will provide the respondent with information on how to obtain or review the initiating reports and set a time for the conference. The notification shall also include:
- A description of the alleged misconduct and violation
- The conduct code provisions that are alleged to have been violated
- Instructions on how to request copies of records obtained from outside agencies
- An explanation of the student conduct process
- Conferences are scheduled not less than three (3) business days (less than the three day minimum would require mutual agreement between the student and conduct officer) nor typically more than fifteen (15) business days after the student has been notified of the charges
- Expedited Process
- When the conduct officer determines that a prompt review is essential (e.g., end of the semester, the student is graduating or there is substantial concern for the health, safety or welfare of a member of the university community), the conduct officer may require that the student meet with him or her within 24-48 hours. In these cases notice may be given by telephone or by e-mail.
- The notification may contain specific requirements or restrictions, pending the resolution of the matter through the conduct process as needed to protect the interests of involved students or the university. These requirements could include but are not limited to, temporary relocation in student housing, restriction from specific campus locations, or orders prohibiting contact with complainants or witnesses. The notification will be sent to the student’s official university e-mail address.
C. Options for Resolution of Disciplinary Charges
After review of the information contained with the conference notification, the respondent has the following options:
- Accept responsibility for the charges
- When the respondent substantially agrees with the contents of the complaint and accepts responsibility for the infraction, the conference will involve an administrative meeting with the conduct officer to determine the appropriate level of discipline and other sanctions or restorative resolution outcomes.
- Dispute the charges
- In the event that the student does not accept responsibility for the charges or substantially disagrees with information contained within the report, a formal university conduct conference will be conducted.
- 3. Alternative Dispute Resolution Methods
- In some instances there may be additional options offered to resolve the conflict or concern. These shall be utilized at the discretion of the conduct administrator.
Student conduct conferences shall be conducted by university conduct officers according to the following guidelines:
The complainant and the respondent may be accompanied by an advisor or support person of their choice at their own expense. Such advisor may be an attorney. Since the direct interaction with the student(s) involved is essential to the educational relationship with the university, the advisor is limited to counseling the student and may not act as a representative of the student, speak on the student’s behalf or participate directly in any conference.
University conduct officers may also consult with or choose to have University Counsel, in an advisory capacity, present at a conference. The student conduct officer reserves the right to remove the advisor/support person should s/he not adhere to the above guidelines or become a disruption to the process.
If a student chooses to bring an advisor to the meeting, it is the student’s obligation to select an advisor whose schedule allows attendance within the time frame designated in the student conduct conference notice. The conduct officer is not obligated to reschedule the conference to accommodate attorneys acting as advisors to students.
University conduct conferences and administrative meetings are considered private educational interactions between the student(s) and the university. The complainant, respondent and their advisors, if any, shall be allowed to attend the entire conference at which information is received (excluding deliberations). Admission of any other person to the conference shall be at the discretion of the conduct officer.
Pertinent records, exhibits and written statements, including personal impact statements, may be accepted as information for consideration. The complainant and the respondent shall be allowed to review and respond to any reports or statements the conference officer will consider as the basis for the charges or determination of evidence related to the conference. Reports may be redacted in order to protect the privacy of educational records of all parties involved.
The complainant and the respondent will have the opportunity to present his/her own version of the incident or events by personal statements, as well as through written statements from witnesses and other forms of documentation or information. If a respondent, with notice, does not appear for the conference, a decision may be made in their absence taking into consideration the totality of the information related to the charges available at the time of the conference.
For official purposes of the university conduct process there shall be a single verbatim record of the proceedings maintained by the university. This record shall remain the property of the university and will not be disseminated. A student may request a review of the recording in accordance with the community standards and wellness records request procedures.
In disputed cases, the complainant, the respondent may provide written statements from witnesses and/or ask for relevant witnesses to be contacted by the conduct officer. Witnesses shall be present only during the time they are presenting information in the conference. Witnesses will provide information to and answer questions directed from the conduct officer. Questions may be suggested by the respondent and/or complainant to be answered by each other or by witnesses. In order to preserve the educational tone of the conference and to a manage the proceedings appropriately, the conduct officer may ask that all questioning be directed through him/her and use discretion related to limiting repetitive information/statements.
All procedural questions are subject to the final decision of the conduct officer. If information presented in the conference creates additional need for clarification or investigation, or to accommodate irresolvable scheduling conflicts with key witnesses, the conduct officer may reschedule the conference.
If the conference involves more than one respondent, the conduct officer, in his or her discretion, may permit the conferences concerning each student to be conducted either jointly or separately. The conduct officer may accommodate availability and/or remote location of witnesses through conference phone calls or other alternate means. Accommodations may also be made related to concerns for the personal safety, well-being, and/or fears of confrontation of the complainant, respondent, and/or or other witness during the conference by providing separate facilities, by using a visual screen, and/or by permitting participation by telephone, videophone, closed circuit television, video conferencing, videotape, audio tape, written statement or other means, where and as determined in the sole judgment of the conduct officer to be appropriate.
Formal rules of process, procedure or evidence as established and applied in the civil or criminal justice system do not apply to this process.
After the conference concludes, the conduct officer will review all pertinent information and make a determination related to each of the charges specified from the student conduct code. The determination is based on the preponderance of evidence standard-whether it is more likely than not that the respondent violated the student conduct code. conduct officers have the authority to determine the appropriate level of discipline action taking into consideration the severity of the infraction, impact on individuals or the community and the past record of discipline.
In addition to the sanctions listed below, the conduct officer may place limits or conditions, require relocation in or removal from Campus Village, restitution, community service and/or specify participation in educational programs and interventions including but not limited to those related to alcohol or drug use, ethical decision making, personal counseling, community issues and restorative justice.
Written notice of the conduct officer’s decision will be sent to the student within fifteen (15) business days of the conference. The notification shall consist of the determination of responsibility, level of discipline imposed and a complete description of any sanctions or requirements.
In disputed cases, when the respondent is found responsible for the charges, the notification will also include a summary of the basis for the determination. A copy of the decision may also be sent to other appropriate university offices.
The following sanctions may be applied when appropriate to individual students.
More than one of the sanctions listed below may be imposed for any single violation. Failure to complete disciplinary sanctions within required deadlines will result in a hold being placed on the student’s registration status. These sanctions may include but are not limited to:
- Warning or Written Reprimand - A student may be given a warning or written reprimand for minor infractions.
- General Disciplinary Probation - Probation is for a designated period of time during which the student is required to show appropriate changes in attitude and behavior. Specific sanctions or restrictions may be imposed as a part of this sanction but do not result in loss of good standing with the university. A violation of the terms of general disciplinary probation, or subsequent misconduct after discipline, is grounds for further disciplinary action, including loss of good standing, suspension, or expulsion.
- Disciplinary Probation/Loss of Good Standing - Probation is for a designated period of time in which appropriate changes in attitude and behavior are expected to occur. Specific sanctions or restrictions may be imposed as a part of this probation. A student on this disciplinary probation is not in good standing with the university. Good standing shall include but not be limited to a requirement for eligibility to represent the university, to serve on a university committee, to participate in intercollegiate or sports club athletics, and for recognition by the university including any office held in a student organization. A violation of the terms of disciplinary probation or subsequent misconduct is grounds for further disciplinary action, including suspension or expulsion.
- Discretionary/Educational Sanctions - Educational programs or assignments, restorative justice, mediation, community service, individual assessment, counseling, substance abuse education, intervention or treatment, or other related discretionary sanctions may be offered or required.
- Restitution - Compensation for loss, damage or injury. This may take the form of appropriate service or monetary or material replacement.
- Residential Reassignment - A student may be reassigned to another student housing room when disruption has occurred in the residential community or in order to separate persons on a temporary or permanent basis. The student will be responsible for all costs and fees associated with relocation as a result of this sanction.
- Residential Termination/Eviction - Permanent separation of the student from Campus Village as a result of a student conduct conference. The university expects first-year students to live in student housing and manage their behavior to comply with community standards. If a first year student is expelled from the Campus Village, the conduct office will determine if the student may be allowed to continue as a student without complying with the university’s live-in regulations.
- Disciplinary Suspension - Suspension for a distinct period of time and/or the specification that a student must fulfill certain requirements before re-admission or re-instatement will be considered. While suspended, the student is not entitled to attend classes, use university facilities, participate in university activities, or be employed by the university. Special conditions may be stipulated for reinstatement at the conclusion of the period of suspension. The student is not in good standing with the university during the term of the suspension.
- Suspension in Abeyance - A suspension may be held in abeyance or deferred under special conditions in which the student participates in a designated program as a condition to remain in school under a strict probationary status.
- Disciplinary Expulsion - Expulsion is permanent removal from the university with no opportunity to return.
- Revocation of Admission or Degree - Admission to or a degree awarded from the university may be revoked for fraud, misrepresentation, or for other serious violations committed by a student prior to matriculation or graduation.
- Withholding of Degree - The university may withhold awarding a degree otherwise earned until the completion of the process set forth in this student conduct code, including the completion of sanctions imposed.
- Parental Notification - Parents may be notified of disciplinary decisions when a student under the age of 21 is found responsible for engaging in an infraction(s) involving alcohol, drugs, or the threat or use of violence and the disciplinary decision involves disciplinary probation, suspension, or expulsion and/or student housing relocation or expulsion. Letters are sent to the primary parent address provided to the university.
- Exclusion/Trespass – The student is denied access to all or a portion of campus. Unless otherwise noted exclusion includes all buildings and property on the Auraria Campus and any building owned or operated by cUDenver. When a student is excluded from campus, that student may be permitted onto campus for limited periods and specific activities with the permission of the director of community standards or his/her designee. Should the student enter campus without permission, action may be taken by the police for trespass, including arrest.
- Interim Suspension - The chancellor, provost and the associate vice chancellor for student affairs, and their designee(s) have the authority to suspend on an interim basis, pending final disposition of the case, any student when, in the opinion of these officials, such a suspension is necessary to: Maintain order on the campus; Preserve the orderly functioning of the university; Stop interference in any manner with the public or private rights of others on university premises; Stop actions or potential actions that threaten the health or safety of any person; or Stop actions or potential actions that destroy or damage property of the university, its students, faculty, staff or guests. Interim suspension will also include excluding the student from campus. This exclusion begins immediately upon notice from the appropriate university official, without a conference with a conduct officer. A conference with a conduct officer is then scheduled as soon as possible (usually within 10 calendar days) to determine how the case will continue and to begin the conduct process. In extreme matters, an interim suspension may be put in place until a student receives a final disposition in a court process after having been charged with a serious crime.
G. Appeal of a Disciplinary Decision
A student may only appeal if s/he has received a sanction including loss of good standing, housing termination, suspension or expulsion. A decision reached by a conduct officer may be appealed to a university appeals officer by either the respondent(s) or complainant(s). For an appeal to be considered it must meet at least one of the criteria listed below.
The appellant shall submit a written request for an appeal through the community standards and wellness website. The appeal must be specific and clearly state the reasons for the request. The appeal request shall be submitted within three (3) business days of the date the appellant is notified of the decision rendered by the conduct officer. Failure to submit a request for appeal within the specified time will render the decision of the conduct officer final and conclusive. An extension may be granted at the discretion of the conduct officer.
Except as necessary to explain the basis of new information, an appeal shall generally be limited to a review of the record of the conference and supporting documents for one or more of the following reasons: To determine whether the conference was conducted fairly in light of the charges and information presented, and in conformity with proscribed procedures giving both the respondent and complaining parties the opportunity to prepare and present relevant information to be considered in the determination of an appropriate outcome.
Minor deviations from designated procedures will not be a basis for sustaining an appeal unless there is a demonstrable adverse effect on the outcome of the conference. To determine whether the sanctions(s) imposed were appropriate for the violation of the student conduct code which the student was found to have committed. To consider new information, sufficient to alter the decision or other relevant facts not brought out in the original conference, because such information and/or facts were not known to the person appealing at the time of the original conference. This does not include information that was known at the time of the conference but was not shared.
The university appeals officer will review the written request for appeal to determine if the acceptable grounds for the appeal are met. After review of the appellant’s request, which may include but is not limited to review of the record, the appeals officer shall take one of the following actions:
- If the appeal does not meet one or more of the stated criteria the appeal will be denied.
- Affirm the decision: the appeals officer agrees that the information before him or her supports the decision reached by the conduct officer.
- Return the case to the original conduct officer for further consideration; while the case is being reconsidered, the student must continue to abide by any stated conditions When questions of law arise, the appeal
- Officer may consult with University Counsel.
- If an appeal is returned to the original conduct officer to consider new information, the general process outlined under conference procedures will be used.
- The appeals officer will communicate his or her decision in writing in a timely manner. Except where the matter is returned to the conduct officer for further consideration, the matter shall be considered final and binding upon all involved.
Article VI – Student Records
A. Student Records
- Student disciplinary records will be maintained in keeping with the Federal Family Educational Rights and Privacy Act of 1974 (FERPA) and subsequent amendments and the guidelines for implementation. The record of disciplinary actions will be kept in the community standards and wellness office. Disciplinary records are actively maintained for a minimum period of seven years from the date of graduation or withdrawal from the university. Expulsion is a permanent notation on the official transcript. Information regarding a student’s disciplinary record is available to persons or offices internal to the university or at institutions where a student seeks to enroll who have a “demonstrated educational need to know.” Disclosure of disciplinary records outside of the above listed entities generally requires a written release from the student. This may also include parents.
- Every student may review, upon request, all nonconfidential contents of his/her conduct file, to the extent permitted by law.
- Release of Conduct Information –
- Provisions of the Family Educational Rights and Privacy Act of 1974, as amended by the Higher Education Amendments of 1998, govern access to a student’s academic transcript or conduct file. The student and/or those university officials who demonstrate a legitimate educational need for disciplinary information may have access to the student’s conduct file. Parent(s) who provide proof that a student is a dependent as defined in Section 152 of the Internal Revenue Code of 1954, i.e., a copy of the last federal income tax return listing the student as a dependent, can have access to the student’s conduct file without written consent of the student. In this case, parents may also have access to a conduct file even if the student has requested otherwise.
- In addition, parent(s) may be notified if a student under 21 years of age is found responsible for a violation involving use or possession of alcohol or other drugs. All other inquiries, including but not limited to inquiries from employers, government agencies, news media, family, friends or police agencies, require a written release from the student before access to university conduct files is granted. Information may be released pursuant to a lawfully issued subpoena and as provided by the Campus Security Act as amended by the Higher Education Amendments of 1992.
- The Campus Security Act permits higher education institutions to disclose to alleged victims of any crime of violence (murder, robbery, sexual assault, aggravated assault, burglary, motor vehicle theft, arson) the results of the conduct proceedings conducted by the institution against an alleged perpetrator with respect to such crime. The Campus Security Act also requires that both accused and the accuser be informed of the result of campus conduct proceedings involving a sexual assault.
B. Transcript Notations and Holds
- Notations of disciplinary action on the student’s transcript will only be made by the Office of Community Standards and Wellness.
- Disciplinary expulsion will be permanently noted on the academic transcript.
- Disciplinary suspension is noted on the transcript during the period of suspension and/or until the conditions for re-admission have been met. In the case of suspension, when the conditions for re-admission have been met.
C. Conduct Hold
- While conduct proceedings are pending, the university may place a conduct hold on the student’s records. The disciplinary hold is honored by the University of Colorado at Denver campus, including Continuing Education, and prohibits the student from registering for classes until the conduct process, has been completed. The hold prohibits the academic transcript from being released until all actions have been completed.
- A conduct hold shall be placed on a student’s record if they are suspended as the outcome of the conduct proceedings. A conduct hold is honored by all University of Colorado campuses and prohibits a student from being admitted to any of the campuses and from registering for classes until the suspension period is over and the student has reapplied and has been re-admitted.
Article VII – Victims
In situations involving both a respondent student(s) (or group or organization) and a student claiming to be the victim of another student’s conduct, the records of the process and of the sanctions imposed, if any, shall be considered to be the education records of both parties because the educational career and chances of success in the university of each may be impacted. This provision allows for alleged victims/complainants to participate in the hearing process and be informed of the determination and sanctions imposed, if any. In addition, at the victim’s request, be informed (to the extent permitted by law) of the impending return of the respondent student to campus, if the conditions of the suspension were met prior to the victim’s departure/graduation from campus.
B. Support for Victims:
- The university is committed to providing appropriate support and referrals to persons who have been the victims of crimes or violations of the student conduct code. A student who has experienced being the victim of another person’s unlawful or prohibited actions may choose to seek personal support, explore options and report the incident.
- Strictly confidential services are available through the University Counseling Center and Student Health Center. Other University agencies may be required by law and university policy to take appropriate action when notified.
- Victims also have the option to receive assistance from other appropriate university resources. This could include assistance in relocation within or to campus housing if desired; referral for academic support services; notification of appropriate persons/agencies; and at the victim’s request, to receive university cooperation in using university procedures to deter harassment or retribution.
- Students are encouraged to report complaints of:
- sexual harassment or discrimination to the Office of Equal Opportunity and Diversity
- crimes to the Auraria Campus Police or Denver Police
- violations of the university conduct code to housing staff and/or the Office of Student Life
- interpersonal and sexual violence to the Office of Student Life and Auraria Campus police
- violations of their right to free speech in the classroom directly to the faculty member involved or his/her department chair or the Office of Student Life
Article VIII: Interpretation and Revision
Under the authority of the Board of Regents, any question of interpretation or application of the student conduct code shall be referred to the associate vice chancellor for student affairs or his or her designee for final determination.
The student conduct code shall be reviewed every five years under the direction of the chief conduct officer, in consultation with legal counsel.
Use of University/Auraria Property or Facilities
Nothing in this code of conduct shall be construed to prevent peaceful and orderly assembly for the voicing of concerns or grievances. The university is dedicated to the pursuit of knowledge through a free exchange of ideas, and this shall be a cardinal principle in the determination of whether or not a proposed use of university facilities is appropriate.
The Auraria Higher Education Center has established campus regulations and procedures governing the use of CU Denver/Auraria grounds, buildings and other facilities. Such regulations are designed to prevent interference with university functions and activities. Except where otherwise specifically authorized, or when members of the public are invited, the use of CU Denver/Auraria facilities shall be limited to faculty, staff and students of the CU Denver/Auraria Campus and to organizations having chapters, local groups or other recognized university-connected representation among faculty, staff or students of the three academic institutions on the Auraria Campus.
Students are expected to conduct themselves appropriately in classroom situations. If disruptive behavior occurs in a classroom, an instructor has the authority to ask the disruptive student to leave the classroom. Should such disorderly or disruptive conduct persist, the instructor should report the matter to the Auraria Campus Police Department and/or the appropriate dean’s office. The appropriate dean or his/her representative may dismiss a student from a particular class for disruptive behavior, while the student discipline committee may recommend to the director of community standards and wellness to withdraw, suspend, permanently expel and/or permanently exclude the student from the campus. Appeal questions concerning disruptive behavior should be directed to the academic dean’s office when withdrawal from a class is involved and to the director of community standards and Wellness when suspension or expulsion from the university is involved.
Procedures in deciding violations of the code of student conduct involving students from other academic institutions on the Auraria Campus have been developed by the Denver Campus and the institution(s) involved. In such cases, the assistant director of student life should be contacted.
Amorous relationships exist when two individuals mutually and consensually understand a relationship to be romantic and/or sexual in nature. The policy requires only that direct evaluative authority not be exercised in cases where amorous relationships exist or existed within the last seven years between two individuals whether the same or opposite sex.
The policy is intended to establish a reporting structure to protect participants in these relationships from violations of university conflict-of-interest guidelines (when a direct evaluative relationship exists between two employees or between an employee and a student). The relationship must be disclosed to the unit head, department chair, dean or head of the primary unit with all parties present. The person to whom disclosure is made must take action to resolve the conflict and must keep the information confidential. The individual in the evaluative position shall recuse her or himself from all future evaluative actions. The parties may choose to have this disclosure in written form placed in their own personnel files. (This information is removed and destroyed seven years after the time of disclosure if requested and if the relationship has ended.) The responsibility to disclose rests with the person in the evaluative position. A report of the action taken to resolve the conflict must be made to the chancellor or designee who may require other action.
When a relationship exists, either current or within the last seven years, between an individual and an employee who, although not his/her direct supervisor but is in a direct line of report (e.g., dean involved with a faculty member in his/her college or a second or higher level supervisor who is involved with a staff member in the unit), the higher-level employee may not act in an evaluative capacity. When these individuals are parties to a personnel action (appointments/hiring, firing/layoff, promotions/demotions, tenure decisions, salary setting, performance appraisals, grievance and disciplinary procedures), the evaluative authority must recuse himself/herself from participating in the action. The action taken to resolve the conflict must be reported to the chancellor or designee.
Please contact the Office of Human Resources at 303-315-2700 for policy clarification and explanation.
The University of Colorado Denver strives to maintain a campus free of and prohibits violent behavior, including but not limited to verbal and/or physical aggression, attack, threats, harassment, intimidation or other disruptive behavior in any form or by any media, which causes or could cause a reasonable person to fear physical harm by any individual(s) or group(s) against any person(s) and/or property. This policy applies to academic, administrative, research and service departments, programs activities and/or services wherever university business is conducted, including extended studies and international locations.
Employees, students and visitors who engage in prohibited behavior shall be held accountable under university policy, as well as local, state and federal law. Any employee or student who commits or threatens to commit violent behavior shall be subject to disciplinary action, up to and including dismissal or expulsion, as well as arrest and prosecution. Any visitor who commits or threatens to commit violent behavior shall be subject to exclusion from the campus, termination of business relationships and/or arrest and prosecution.
Examples of prohibited behaviors may include but are not limited to: (1) disturbing the peace by violent, tumultuous, offensive or obstreperous conduct; (2) engaging in intimidating, threatening or hostile statements or actions; (3) making gestures that convey threats; (4) raising one’s voice in anger or using fighting words; (5) uttering ethnic, racial or sexual epithets; (6) using unseemly, profane, offensive or obscene language or making obscene gestures; (7) making bizarre comments about or references to violent events and/or behaviors; (8) waving fists, pushing, stalking, bullying, hazing; (9) engaging in the abusive exercise of legitimate authority; (10) destroying personal property in the workplace; (11) destroying university property; (12) throwing objects at persons or property; (13) physically assaulting or attacking persons or property; (14) engaging in vandalism, arson or sabotage.
The possession, display or use of any weapon, including any firearm, or the display or use of any object as a weapon, by any person other than a law enforcement officer in the course of his/her duty, in any location where university business is conducted, is in violation of Regental Policy (14-I) and is strictly prohibited. Possession of a firearm or weapon on University of Colorado Denver-owned property or the Auraria Campus is cause for immediate termination of employees or expulsion of students.
Emergency or Life-Threatening Situations
In the case of an emergency or life-threatening situation, immediately call 911. A call to 911 will go to the appropriate campus, city or county law enforcement agency. A call to 911 from any campus telephone automatically registers the location of the telephone on which 911 a call was placed, even if no words are spoken.
In all other situations, notify the Office of Human Resources, 303-315-2700. Before or after normal business hours or if human resources is otherwise unavailable, notify the Anschutz Medical Campus Police at 303-724-4444 or Auraria Police Department at 303-556-5000.
Responsibility to Report
Anyone witnessing or receiving a report of prohibited behavior or possession, display or use of any weapon shall immediately notify the appropriate authority as listed above.
Emergency Notification System
The emergency notification system allows students, faculty and staff to register to receive alerts about threats of imminent danger at or near any CU Denver location. This service is used in conjunction with other communication channels including: public address systems, broadcast e-mail, voice-mail messages to campus telephone extensions, electronic signage, a coordinated use of public media outlets and 24-hour recorded emergency and information hotlines (Anschutz Medical Campus in Aurora 303-724-4636; Downtown/Auraria Campus 303-556-2401). Participants choose from various notification options including text messaging, e-mail, phone, instant messaging, pager, fax and BlackBerry devices. Visit the website for details.
Drugs and Alcohol Information
Standards of Conduct
The University of Colorado Denver complies with the federal Drug Free Schools and Communities Act. CU Denver does not allow the unlawful manufacture, dispensation, possession, use or distribution of a controlled substance (illicit drugs and alcohol) of any kind and of any amount. These prohibitions cover any individual’s actions which are part of university activities, including those occurring while on university property or in the conduct of university business away from the campus.
Health risks associated with the use of drugs and the abuse of alcohol
Alcohol consumption causes a number of marked changes in behavior. Even a low amount can significantly impair the judgment and coordination required to drive a car safely, increasing the likelihood that the driver will be involved in an accident. Low to moderate amounts of alcohol also increase the incidence of a variety of aggressive acts, including spouse and child abuse. Moderate to high amounts of alcohol cause marked impairments in higher mental functions, severely altering a person’s ability to learn and remember information. Very high amounts cause respiratory repression and death. If combined with other depressants of the central nervous system, much lower amounts of alcohol will produce the effects described here.
Repeated use of alcohol can lead to dependence. Sudden cessation of alcohol intake is likely to produce withdrawal symptoms, including severe anxiety, tremors, hallucinations, and convulsions. Alcohol withdrawal can be life threatening. Long term consumption of large quantities of alcohol, particularly combined with poor nutrition, can also lead to permanent damage to vital organs, such as the brain and the liver.
Females who drink alcohol during pregnancy may give birth to infants with fetal alcohol syndrome. These infants have irreversible physical abnormalities and mental retardation. In addition, research indicates that children of alcoholic parents are at greater risk of becoming alcoholics than are other youngsters.
For a description of the uses and effects of various drugs go to:
www.justice.gov/dea/pubs/all fact sheets.pdf and www.usdoj.gov/dea/concern/cocaine.html.
Assistance in recognizing and dealing with the abuse of alcohol and illegal drugs
Information from the Department of Health, Alcohol and Drug Division, Licensed Treatment Programs is available at: www.colorado.gov/TreatmentDirectory/interview1.jsf.
Drug and Alcohol Counseling, Treatment or Rehabilitation or re-entry programs
For drug and alcohol related emergencies, call 911.
University employees may contact human resources at 303-315-2700 for more information regarding available resources, programs and services.
All CU Denver faculty and staff members may receive free confidential counseling from the Colorado State Employee Assistance Program (C-SEAP): 1-800-821-8154 or 303-866-4314.
Denver Campus employees and students may contact the university Student and Community Counseling Center at 303-556-2525/North Classroom 4036, for confidential information and/or referrals. Students at the Anschutz Medical Campus may contact the Student Health Office at 303-724-4716 (after-hours, call 720-848-0000), or their respective school student affairs offices for referral information.
Anschutz Medical Campus Student Health: www.ucdenver.edu/life/services/student-health/mental-wellness/Pages/default.aspx
National Institute on Drug Abuse (NIDA) Hotline: 1-800-662-HELP
National Clearninghouse for Alcohol and Drug Information: Substance Abuse Mental Health Services Administration (SAMHSA)
Phone: 1-877-SAMHSA-7 (1-877-726-4727)
Fax: (240) 221-4292
Mail: SAMHSA’s Health Information Network; P.O. Box 2345; Rockville, MD 20847-2345
Websites: store.samhsa.gov, www.cocommunity.net/agency/national-clearinghouse-alcohol-and-drug-information.html
University of Colorado System Alcohol Policy: https://www.cu.edu/psc/procedures/PPS/PPS-Alcohol.pdf
CU Denver Alcohol Policy: http://www.ucdenver.edu/faculty_staff/employees/policies/Policies%20Library/Fiscal/Alcohol_UCDenverCampus.pdf
State Drug Laws
State criminal statues, (which may be generally found under Titles 12 and 18 of the Colorado Revised Statues) cover the same scope of conduct as the federal laws, and although the sentences and fines are generally less severe than federal law provides, life sentences are possible for repeat offenders. The maximum penalty for the most serious single offense, (manufacture, sale, or distribution) is 16 years in prison and a $750,000.00 fine. The maximum penalty for the least serious state offense (possession or use of one ounce or less of marijuana) is a fine of $100.00. The state laws concerning driving under the influence of alcohol (see below) apply equally to driving under the influence of drugs.
Local ordinances such as the Denver, Boulder, Longmont, Louisville and Lafayette municipal codes impose a variety of penalties.
Secondary civil consequences may also flow from criminal drug violations. Property associated with the criminal acts, including homes and vehicles, can be confiscated by the state or the federal governments.
Those who are convicted of felony violations may be barred from governmental employment and from licensed professions such as law, medicine and teaching.
State Alcohol Laws
State laws regulating the production, dispensation, possession, and use of alcohol may be found in Title 12 of the Colorado Revised Statutes. Perhaps the most significant aspect for CU Denver is the prohibition of the distribution of alcoholic beverages to any person under the age of 21, to a visibly intoxicated person, or to a known alcoholic. State laws also prohibit any form of assistance to these categories of people in obtaining alcoholic beverages. Violation of these laws is a misdemeanor punishable by fines of $1,000.00 and jail sentences of a year. However, such conduct may, in some circumstances, constitute contributing to the delinquency of a minor, and it could then be determined to be a felony offense punishable by an eight-year prison sentence and a $500,000.00 fine. Secondary civil consequences for liquor law violations may include ineligibility for liquor and driver’s licenses.
Criminal sanctions may also apply to those who operate motor vehicles while under the influence of alcohol and/or drugs. Under Section 42-4-1301 (1) (a), Colorado Revised Statutes, the maximum penalty for such an act is two years in jail and a $5,000.00 fine.
If a person is injured as a result of someone operating a motor vehicle while under the influence of alcohol and/or drugs, the act is a felony punishable by four years in prison and a $100,000.00 fine. If a person is killed, the sentence can be eight years in prison with a $500,000.00 fine. All such convictions also result in the revocation of driving privileges.
State law requires drivers who are stopped by the police for suspected violation of this law to submit to scientific tests which determine the amount of alcohol in their blood, and those who refuse to be tested automatically lose their driver’s license. Remember, one need not be “out of control” to be “under the influence.” A substantial effect on physical capability is all that is required. Chemical test results combined with the testimony of an expert toxicologist can result in a conviction even when some people may feel minimally intoxicated.
In addition, individuals may face a variety of penalties imposed by municipal ordinances.
Note: This description is intended only to give those who read it a basic, general understanding of the range of serious legal sanctions which can arise from the unlawful possession, distribution and/or use of illicit drugs and alcohol. Individuals who are concerned about specific circumstances should seek the advice of their personal attorney.
Disciplinary sanctions for CU employees who violate drug and alcohol laws in violation of this policy
It is a violation of university policy for any member of the faculty, staff, or student body to jeopardize the operation or interests of the University of Colorado through the use of alcohol or drugs. Sanctions that will be imposed by the University of Colorado for employees who are found to be in violation of this policy may include expulsion and/or termination of employment. Compliance with this policy is a condition of employment for all employees.
A copy of the policy statement shall be annually distributed to all current employees and students by e-mail, the university’s website, at new student orientation and at a new employee orientation.
The university will conduct a biennial review of the program to determine its effectiveness and to ensure that the disciplinary sanctions described above are consistently enforced. Changes to this program will be implemented as needed. The most recent biennial review was conducted September 2010.
Inclusiveness and Nondiscrimination
The University of Colorado Denver is committed to enhancing the inclusiveness of its work force and its student body. Inclusiveness among students, faculty, staff and administrators is essential to educational excellence and to accomplishing CU Denver’s urban mission. Inclusiveness among faculty, staff and administrators provides role models and mentors for students, who will become leaders in academe and in the larger society, and ensures that a broad array of experiences and world views informs and shapes teaching, research, service and decision making at CU Denver.
Pursuant to Article 10, Laws of the University of Colorado Board of Regents, the university 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. The university takes action to increase ethnic, cultural and gender diversity, to employ qualified disabled individuals and to provide equal opportunity to all students and employees.
All students shall have the same fundamental rights to equal respect, due process and judgment of them based solely on factors demonstrably related to performance and expectations as students. All students share equally the obligations to perform their duties and exercise judgments of others in accordance with the basic standards of fairness, equity and inquiry that should always guide education.
A statement of Article 10 may be found online at www.cu.edu/regents/Laws/Article10.html. CU Denver procedures for investigating complaints of discrimination may be found online at ucdenver.edu/faculty_staff/employees/policies/Policies%20Library/HR/Nondiscrimination.pdf.
To report a violation of Article 10 or for additional information, contact the CU Denver Equal Opportunity/Affirmative Action Compliance Officer at 303-315-2724; mailing address: EO/AA Compliance Office, CU Denver, P.O. Box 173364, Campus Box 130, Denver, CO 80217-3364.
The Americans with Disabilities Act (ADA) provides that individuals who are otherwise qualified for jobs or educational programs will not be denied access simply because they have a disability. Its goal is to guarantee that individuals with disabilities are not discriminated against or denied equal access to the same programs, services and facilities available to others. The ADA prohibits employers, including CU Denver, from discriminating against applicants and workers with disabilities in all aspects of employment. The act also prohibits the university from discriminating on the basis of disability in access to its programs and services.
The ADA requires that CU Denver provide reasonable accommodations to qualified individuals with disabilities who are employees or applicants for employment, and for persons who participate in or apply for participation in the university’s programs and activities. Exceptions to the obligation for providing accommodation may be made if doing so would cause undue financial or administrative burdens, fundamental alteration to a program or activity, or significant risk to health or safety to self and/or others. Additional information regarding the ADA may be obtained online at www.usdoj.gov/crt/ada/adahom1.htm.
If you are a student at CU Denver and need assistance with access to or participation in the academic curriculum, contact the Office of Disability Resources and Services at: 303-556-3450; TTY 303-556-4766; mailing address P.O. Box 173364, Campus Box 118, Denver, CO 80217-3364.
Reporting Disability Discrimination
Article 10 of the laws of the University of Colorado Board of Regents prohibits discrimination on the basis of disability (or on the basis of membership in other protected classes) in admission and access to, and treatment and employment in, University of Colorado educational programs and activities. To report discrimination or to obtain additional information, contact the CU Denver ADA coordinator, 303-315-2724; mailing address: P.O. Box 173364, Campus Box 130, Denver, CO 80217-3364. Complaints of discrimination based upon disability will be processed according to the provisions of the CU Denver nondiscrimination procedures, which may be found online at: ucdenver.edu/faculty_staff/employees/policies/Policies%20Library/HR/Nondiscrimination.pdf.
The University of Colorado is committed to maintaining a positive learning, working and living environment. In pursuit of these goals, the university will not tolerate acts of sexual harassment or related retaliation against or by any employee or student.
Sexual harassment: consists of interaction between individuals of the same or opposite sex that is characterized by unwelcome sexual advances, requests for sexual favors and other verbal or physical conduct of a sexual nature when: (1) submission to such conduct is made either explicitly or implicitly a term or condition of an individual’s employment, living conditions and/or educational evaluation; (2) submission to or rejection of such conduct by an individual is used as the basis for tangible employment or educational decisions affecting such individual; or (3) such conduct has the purpose or effect of unreasonably interfering with an individual’s work or academic performance or creating an intimidating, hostile or offensive working or educational environment.
Hostile environment sexual harassment: (described in subpart (3) above) is unwelcome sexual conduct 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.
Retaliatory acts: It is a violation of this policy to engage in retaliatory acts against any employee or student who reports an incident of alleged sexual harassment or any employee or student who testifies, assists or participates in a proceeding, investigation or hearing relating to such allegation of sexual harassment.
The University of Colorado System Administrative Policy Statement (APS) on sexual harassment policy and procedures may be obtained from the CU Denver sexual harassment officer (see “Reporting Sexual Harassment”) or found online at: ucdenver.edu/faculty_staff/employees/policies/Policies%20Library/HR/SexualHarassment.pdf.
Reporting Sexual Harassment
If you need to report sexual harassment or if you have any questions regarding sexual harassment or policy above, please contact the CU Denver sexual harassment officer at 303-315-2724; send correspondence to Human Resources, P.O. Box 173364, Campus Box 130, Denver, CO 80217-3364.
Who to Call When You Need Help
Contact: ADA Coordinator
Office: Lawrence Street Center, 1050
Contact the ADA coordinator to report disability discrimination.
Auraria Police Department
Office: Administration Building, 110 (1201 5th Street)
Contact the Auraria Police Department to report on-campus criminal conduct, including sexual assault or other serious allegations of sexual harassment in which the complainant believes that his or her safety is threatened. Allegations of serious sexual harassment should be reported to the Auraria Police Department if they occur after hours or on weekends.
Disability Resources and Services
Director: Lisa McGill
Office: Arts Building, 177
The Office of Disability Resources and Services provides equal opportunities and fosters the personal growth and development of students with disabilities. Contact DRS for priority registration for classes, assistance in identifying volunteer note takers, alternative testing, oral/sign language interpreters, real-time captioning and textbooks in alternative formats.
Chair: Larry Loften
Office: Tivoli Student Union, 259
The Behavioral Evaluation and Threat Assessment Team (BETA) is a resource on the University of Colorado Denver campus that can provide support and information to faculty, staff or student community members who are confronted with individuals who may be threatening, disruptive, or otherwise problematic. The Team provides guidance and consultation and may make referrals to appropriate campus or community resources.
Equal Opportunity/Affirmative Action
Contact: Equal Opportunity/Affirmative Action Compliance Officer
Office: Lawrence Street Center, 1050
Contact the compliance officer to report discrimination on the basis of race, color, national origin, sex, age, disability, creed, religion, sexual orientation or veteran status.
Office: Lawrence Street Center, 1050
Contact the Office of Human Resources for a referral and to speak to someone immediately about your problem.
Associate Director: Mary Chavez Rudolph
Office: CU-Denver Building, 107P
The Ombuds Office is a confidential and impartial resource for students, faculty and staff. Contact the Ombuds Office: as a first step if you don’t know where to turn, as a last resort, or anywhere along the way; when you are confused about university policy or procedure and would like clarification; to explore your options, share your concerns, evaluate your situation and plan your next step; when you feel as if you have been treated unfairly; and for information and identification of resources to resolve issues.
Contact: Sexual Harassment Officer
Office: Lawrence Street Center, 1050
Contact the sexual harassment officer with questions about or to report sexual harassment.
Student and Community Counseling Center
Contact: Patricia Larsen
Office: North Classroom, 4036
The Student and Community Counseling Center provides mental health counseling services to the student body as well as the metropolitan community. CU Denver students receive 10 counseling sessions at no cost per fiscal year as part of their student fees.