University of the Rockies Catalog - Student Rights and Responsibilities
When students violate local, state, or federal law(s), they may incur penalties as determined by local, state, or federal authorities. Institutional actions shall not be used to duplicate functions of general laws, but when the violation of the law also adversely affects the orderly operation of the University, the University may enforce its own regulations regardless of any federal, state, or local legal proceedings or dispositions. University action will be initiated only when the institution’s interest as an academic community is clearly involved.
Felonies and Misdemeanors
All students who apply for a program in one of the Mental Healthcare Specializations will undergo a background check. Individuals who have been convicted of a felony or certain misdemeanors, which would preclude them from being licensed and insured to practice in Colorado in one of the Colorado mental health disciplines, as defined by Colorado Regulatory Statutes (CRS), will not be allowed to enroll or remain enrolled in a Mental Healthcare Specialization program.
Effective Communication for Persons with Disabilities
University of the Rockies will provide information to interested persons with disabilities concerning the existence of support services and accommodations to ensure accessible programs, services, and activities of the University. The University will ensure that no individual with a disability is excluded, denied services, segregated, or otherwise treated differently than other individuals because of the absence of auxiliary aids and services. The University will furnish appropriate auxiliary aids and services where necessary to ensure effective communication with individuals with disabilities.
University of the Rockies will provide reasonable accommodation to students with documented disabilities in order to ensure the accessibility of programs, services, and activities of the University. The University requirements for documentation are based upon the Association on Higher Education and Disability (AHEAD) Best Practices: Disability Documentation in Higher Education.
The process for determining accommodations is a collaborative one that may or may not require third-party documentation. The University reserves the right to request a reasonable level of documentation. One or more of the following documentation categories will be considered in the evaluation of student accommodation requests:
A note about documentation: These guidelines apply to students taking University of the Rockies classes. Students should be aware that other universities and testing agencies (which administer standardized tests such as the Graduate Record Exam and Law School Admission Test) may require more extensive documentation, and students should check out their requirements well in advance.
*Disability with respect to an individual is defined by the ADA as “(A) a physical or mental impairment that substantially limits one or more of the major life activities, (B) a record of such an impairment or (C) being regarded as having such an impairment...” 42 U.S.C. §12102
**Revisions to Title III regulations provide, “When considering requests for modifications, accommodations, or auxiliary aids or services, the entity gives considerable weight to documentation of past modifications, accommodations, or auxiliary aids or services received in similar testing situations, as well as such modifications, accommodations, or related aids and services provided in response to an Individualized Education Program (IEP) provided under [IDEA] or a plan describing services provided pursuant to section 504 of the Rehabilitation Act of 1973 as amended.” (28 C.F.R. § 36.309(b)(1)(v))
Guidance and Section-by-Section Analysis provides these examples of types of information to consider: “recommendations of qualified professionals familiar with the individual, results of psycho-educational or other professional evaluations, an applicant’s history of diagnosis, participation in a special education program, observations by educators, or the applicant’s past use of testing accommodations.” 28 CFR Part 36 (2010)
AHEAD. (2012). Supporting Accommodation Requests: Guidance on Documentation Practices. Retrieved from http://www.ahead.org/resources/documentation_guidance.
Students who believe they are in need of accommodations should contact the Office of Student Access and Wellness at firstname.lastname@example.org or review general information regarding disability services and accommodations at http://www.rockies.edu/resources/access_wellness. Students who have a concern about their disability accommodations may contact the Student Access and Wellness Specialist. Formal complaints will be handled in accordance with the University of the Rockies Grievance Procedure for Student Complaints.
For additional information on Accessibility for Students with Disabilities see the Student Services, Health, and Safety section of this Catalog.
All students authorize the University to record and use their names, images, likenesses and voices in all media, for instructional or promotional purposes, unless a written request to withhold directory information is on file in the Registrar’s Office.
Students, faculty, and staff are encouraged to inform the Campus Communications Manager about newsworthy events and developments regarding class and campus events of interest. Students should also contact their advisors regarding newsworthy information.
*A“crime of violence,” includes arson, burglary, robbery, criminal homicide (manslaughter by negligence, murder, and non-negligent manslaughter), forcible sex offenses, assault, destruction/damage/vandalism of property and kidnapping/abduction.
4. The right to file a complaint with the U.S. Department of Education concerning alleged failures by University of the Rockies to comply with the requirements of FERPA. The name and address of the Office that administers FERPA is:
Family Policy Compliance Office
U.S. Department of Education
400 Maryland Avenue, SW
Washington, DC 20202
Personally Identifiable Information
The U.S. Department of Education’s Family Educational Rights and Privacy Act (FERPA) regulations expanded the circumstances under which a student’s education records and personally identifiable information contained in such records (including Social Security Number, grades, or other private information) may be accessed without prior consent. First, the U.S. Comptroller General, the U.S. Attorney General, the U.S. Secretary of Education, or state and local education authorities (Federal and State Authorities) may allow access to student records and personally identifiable information without prior consent to any third party designated by a Federal or State Authority to evaluate a federal- or state-supported education program. The evaluation may relate to any education program which is defined as any program “that is principally engaged in the provision of education,” such as early childhood education, elementary and secondary education, postsecondary education, special education, career and technical education, adult education, and job training, as well as any program that is administered by an education agency or institution. See 34 CFR § 99.3. Second, Federal and State Authorities may allow access to a student’s education records and personally identifiable information without prior consent to researchers performing certain types of studies, even when the University objects to or does not request such research. Federal and State Authorities must obtain certain use-restriction and data security promises from the entities that they authorize to receive any personally identifiable information, but the Authorities need not maintain direct control over such entities. In addition, in connection with Statewide Longitudinal Data Systems, State Authorities may collect, compile, permanently retain, and share without prior consent personally identifiable information from a student’s education records, and they may track a student’s participation in education and other programs by linking such personally identifiable information to other personal information about a student that they obtain from other Federal or State data sources, including workforce development, unemployment insurance, child welfare, juvenile justice, military service, and migrant student records systems.
If the student has an official name change, he or she must complete a Change of Name Request form and provide copies of a Social Security card reflecting the new name, along with supplemental documentation, as outlined on the form, to the Registrar’s Office.
Students are responsible to provide the Registrar’s Office with changes to home, work, email address, phone numbers, or other key information. The student must provide that information to the Registrar’s Office within one week of the change on a University of the Rockies Change of Information form through their Student Portal or email the Registrar’s Office from the student’s current email of record.
Monitoring of Email Communications
The University does not intend to monitor individual electronic mail as a routine matter, but may do so at any time as the University deems necessary for purposes of maintaining the integrity and effective operation of a student email system, once implemented. No facility exists on this system for the sending or receiving of private communications.
The University reserves the right to inspect and disclose the contents of email as follows:
Username and Password Integrity
It is the responsibility of students to protect the usernames and passwords issued to them by University of the Rockies for the purpose of accessing the online classroom, the student portal, academic search engines, or any other activity of the University. The sharing of a personal username and password with an unauthorized person is a Student Community Standards violation, which could result in dismissal from the University.
It is the student’s responsibility to ensure that no confidential client information appears on any recordings other than those authorized in the Rockies Counseling Center or other practicum sites.
Students agree to stay informed and abide by University of the Rockies policies as they progress through the program.
The University is committed to maintaining an academic climate in which individuals do not abuse their personal and/or professional authority or power in interpersonal relationships, or cause hostile environments on the basis of gender. When University officials receive notice of gender-based discrimination or sexual harassment, the University acts to promptly and effectively investigate the allegations, to end the discrimination, prevent its recurrence, and remedy its effects.
Sexual Harassment: Gender-based discrimination or deprivation that is sufficiently serious that it interferes with or limits a student’s ability to participate in or benefit from the University’s educational program based on power differentials (quid pro quo), the creation of a hostile environment, or retaliation. Examples include: An attempt to coerce an unwilling person into a sexual relationship; to repeatedly subject a person to egregious unwanted sexual attention; to punish a refusal to comply; to condition a benefit on submitting to sexual advances; sexual violence; intimate partner violence, stalking; or gender-based bullying.
Discrimination: Any distinction, preference, advantage for or detriment to against an individual compared to others that is based upon an individual’s actual or perceived gender, race, color, religion, age, creed, national or ethnic origin, physical or mental disability, gender identity, sexual orientation, or any other trait or characteristic protected by law that is sufficiently serious that it interferes with or limits a student’s ability to participate in or benefit from the University’s educational program.
Discriminatory Harassment: Detrimental action based on an individual’s actual or perceived gender, race, color, age, creed, national or ethnic origin, physical or mental disability, veteran status, pregnancy status, religion, sexual orientation or other protected status that is so severe, pervasive and objectively offensive that it interferes with or limits a student’s ability to participate in or benefit from the University’s educational program.
While a particular interaction must be offensive to both a reasonable person and to the victim to be defined as harassment, faculty and staff members and other persons of authority should be sensitive to questions about mutuality of consent that may be raised and to the conflict of interests that are inherent in personal relationships that result from professional and educational interactions. Harassment in any situation is reprehensible; it is particularly damaging when it exploits the educational dependence and trust between students and faculty/staff. When the authority and power inherent in faculty/staff relationships with students, whether overtly, implicitly, or through misinterpretation, is abused in any way, there is potentially great damage to the individual student, to the accused individual, and to the climate of the University.
Helen Kaiser, or any member of the Student Dispute Resolution Center at Dispute.Resolution@rockies.edu or (866) 621-0124, ext. 1455.
Individuals with complaints of this nature also have the legal right to file a formal complaint with the Office for Civil Rights (OCR), United States Department of Health, Education, and Welfare, Washington, DC 20201.
Where the accused individual is found not responsible for the alleged violation(s), the investigation should be closed. Where the accused individual accepts the finding that they violated University policy, the Student Affairs Specialist (Colorado Springs Campus)/Director of Student Affairs (online or Denver Instructional Site) or the manager or supervisor of faculty or staff in conjunction with Human Resources, will impose appropriate sanctions for the violation, after consultation with the Title IX Coordinator. The University will act to end the discrimination, prevent its recurrence, and remedy its effects on the victim and the University community.
In the event that the accused individual rejects the findings in part or in totality, the Student Affairs Specialist (Colorado Springs Campus)/Director of Student Affairs (online or Denver Instructional Site) will convene a Student Community Standards hearing. The Student Affairs Specialist (Colorado Springs campus)/Director of Student Affairs (online or Denver Instructional Site) may delegate decision making authority to a grievance committee consisting of representatives from the following Departments: Compliance, Academics, Registrar, Student Services, Finance, Student Affairs, and/or Enrollment. At the hearing, the findings of the investigation will be admitted, but are not binding on the decider(s) of fact. The investigator(s) may give evidence. The hearing will determine whether it is more likely than not that the accused individual violated the policies supporting the complaint. The goal of the hearing is to provide an equitable resolution via an equitable process, respecting the civil and legal rights of all participants. (Specific information regarding hearing procedures is detailed in the Special Procedural Provisions for Sexual Misconduct and Other Sensitive Issues section of this Catalog.)
The Student Affairs Specialist (Colorado Springs Campus)/Director of Student Affairs (online or Denver Instructional Site) have final decision making authority in regards to formal complaints, based on the recommended findings of their designees. Where an accused individual is found in violation, the Student Affairs Specialist (Colorado Springs campus)/Director of Student Affairs (online or Denver Instructional Site) will impose appropriate sanctions for the violation, after consultation with the Title IX Coordinator.
In any complaint where there is a finding of violation of the sexual misconduct policy, the sanctioning, in addition to standard sanctioning principles, will be guided by the following goals to:
Changes to Academic Situations: The University will make changes to the victims’ academic situations following an alleged sex offense if the changes are requested and reasonably available.
Note: The University does not maintain any residential campus facilities.
Appeal proceedings as described in this Catalog will apply to all parties to the complaint.
The Title IX Coordinator for University of the Rockies is Dr. Tina Parscal, Provost. Dr. Parscal can be contacted at:
(866) 621-0124 or at Provost@rockies.edu.
Colorado Springs Campus Mailing Address:
555 E. Pikes Peak Ave., Ste. 108
Colorado Springs, CO 80903
Students pursuing grades appeals, transfer credit appeals, appeals of satisfactory academic progress dismissal, or appeals of Student Community Standards Committee findings, should follow the procedures for these appeals outlined elsewhere in this Catalog. For financial complaints, students should first contact his or her designated Student Advisor (or supervisor). Students may not use the grievance process to challenge course content, unless that challenge relates to a civil rights concern. For questions about course content, students should contact the Dean of the School in which they are enrolled.
Initiators are encouraged to begin the dispute resolution process within thirty (30) calendar days of the incident prompting the complaint or from the date of knowledge of the incident prompting the complaint.
*The terms “student” and “initiator” are used interchangeably and refer to a prospective applicant, applicant, student, former student, alumnus, individual with a concern relating to the student experience, or person who has an outstanding financial obligation to the University. Individuals who have concerns related to the student experience will be directed to use these procedures. Complaints initiated by attorneys on behalf of students will be processed according to Step III of this policy.
Step I Departmental Dispute Resolution
Whenever possible, the problem or complaint first should be discussed with the individual involved in the complaint (e.g., with the Advisor, Instructional Specialist, Instructor, Manager, etc.). If satisfactory resolution is not reached after discussion with the individual, the student should contact the individual’s direct supervisor to attempt to resolve the complaint. The University does not require a student to contact the person involved or that person’s supervisor if doing so is impracticable. If the student’s concerns remain unresolved or if the student is not satisfied with the resolution after six (6) business days,** he or she may proceed to Step II.
Step II Facilitation/Mediation
The Student Dispute Resolution Center offers students, alumni, prospective applicants, former students and others with concerns about something related to the student experience an opportunity to swiftly and fairly resolve confusion, frustration, or a dispute through confidential dispute resolution. The University vests the Student Dispute Resolution Center with the limited authority to resolve or facilitate the resolution of certain student concerns quickly. Student may complete and submit the Informal Student Dispute Resolution Submission form to email@example.com or to fax number (877) 817-6733. Within three (3) business days of the submission of this form, a Student Dispute Resolution Specialist will contact the student and attempt to help him or her resolve the dispute informally. If the student’s concerns remain unresolved or if the student is not satisfied with the resolution after ten (10) business days, he or she may proceed to Step III. This process may be confidential. Please feel welcome to call the Student Dispute Resolution Center at any time with questions about this Informal Dispute Resolution Process at (866) 621-0124, extension 1455 or firstname.lastname@example.org.
In addition to informal facilitation, students have the option to participate in confidential, interest-based mediation (except in instances of alleged sexual harassment or violence. For those types of complaints, please see the section entitled Complaints Concerning Discrimination and/or Harassment in this section of the Catalog.) To initiate the mediation process, students may submit a Request to Mediate and Confidentiality form, available at http://www.rockies.edu/resources/smdr, to Mediation@rockies.edu or to fax number (877) 817-6735. Within three (3) business days of the submission of this form, a neutral Student Dispute Resolution Facilitator will contact the student to schedule the mediation. If the student and the University have not reached an agreement that resolves the student’s concerns within ten (10) business days, he or she may proceed to Step III. The mediation process is confidential. Please feel welcome to call the Office of Student Mediation & Dispute Resolution at any time with questions about the Mediation Process at (866) 621-0124, extension 1456 or Mediation@rockies.edu. Additional information about mediation and what to expect during the process is available on the website at http://www.rockies.edu/resources/smdr.
Step III Formal Grievance Process
Once the Departmental Dispute Resolution process and the Facilitation and/or Mediation processes have been completed, a student may submit the Formal Grievance Submission form available at http://www.rockies.edu/resources/grievance to Grievance.Resolution@rockies.edu or to fax number (877) 286-7713 to initiate the formal grievance process.
Initiators are encouraged to submit the completed form within thirty (30) calendar days of completing the informal dispute resolution process.
Except in cases where the University administration determines that notice may endanger the health or safely of the initiator or other persons, individuals named in the grievance may be notified of allegations that involve them.
Phase One: Review and Evaluation
Within five (5) business days, the University will review the Formal Grievance Submission form to ensure that:
If clarification or additional information is required, a Student Grievance Resolution Administrator will contact the student to discuss his or her grievance and provide guidance about any additional information that might be needed to proceed to the next phase.
Phase Two: Investigation and Fact Finding
The University will have thirty (30) business days to investigate the concerns and allegations raised in the Formal Grievance Submission form. During the investigation phase, the Student Grievance Resolution Administrator will contact the student and others with relevant information to discuss his or her concerns. The student’s participation in the process is valuable and desirable, and the Student Grievance Resolution Administrator may speak with the student several times during the investigation stage. The student should be prepared to speak with the Administrator and to provide any additional information the Administrator might request. After the expiration of the thirty (30) business day investigation phase, the Administrator will not be able to accept any new information or evidence relating to the student’s grievance.
Phase Three: Evaluation and Response
After the conclusion of the investigation phase, the Director of Student Grievance Resolution will have ten (10) business days to provide the student with a written response to his or her grievance. Generally, formal grievances are evaluated through a collaborative process that involves the Provost, Director of Student Affairs, or Director of Student Services, or designee who have decision making authority in regard to formal grievances. Student Grievance Resolution Administrators are designated to impartially investigate the dispute and present a recommendation to those with decision-making authority.
The Provost, Director of Student Affairs, or Director of Student Services, or designee who have decision-making authority may delegate decision-making authority to a grievance committee consisting of representatives from the following Departments: Academics, Compliance, Registrar, Student Finance, Student Affairs, Student Services, Financial Student Services, the Deans, and/or Admissions. Those with decision-making authority will use the preponderance of the evidence (more likely than not) as the standard for reviewing, evaluating and deciding the outcome of the grievance.
Under certain stated circumstances, a student may appeal the University’s response to the formal grievance. Unless a student articulates a permissible ground for appeal, the response to the formal grievance is final.
Step IV Presidential Appeal of Formal Grievance Response
The grievance response issued by the University may be appealed by completing and submitting the Presidential Appeal form to GrievanceAppeal@rockies.edu within ten (10) business days of the date on the response letter. Students may appeal only on the following grounds:
Phase One: Review and Evaluation
Within five (5) business days, the University will review the Presidential Appeal form to ensure that:
If the appeal does not state a ground for appeal or include new information or evidence to evaluate, the student will be notified that no action will be taken on the appeal and will be given the option to amend the appeal within five (5) business days of receiving the no action notice as it was submitted. The students will be allowed one 5-day time period to amend and re-submit the appeal.
Phase Two: Evaluation and Determination
The President, or designee, will render a written decision on the appeal within ten (10) business days** from the end of Phase One of the Presidential Appeal Process. The President, or designee, will use the preponderance of the evidence standard of review (more likely than not) to make a determination of an appeal of the formal grievance outcome. The President’s determination shall be final.
Please note that University of the Rockies values its students and wants to create multiple avenues for students to bring forth concerns. In addition to the previously described complaint procedures, at any time, an initiator may select to notify the University of a concern using the confidential, third-party alert hotline, http://www.rockiesstudentcomplaints.alertline.com or at (855) 274-5531.
**Business day is defined to mean normal operating hours, Monday through Friday, excluding recognized national holidays. In cases where additional time is needed in the investigation of a complaint, students will be notified accordingly.
Complaints to Accrediting Bodies:
Students may file a complaint with the University’s institutional accrediting body by contacting The Higher Learning Commission, North Central Association, http://www.ncahlc.org.
Note: Please refer to http://www.rockies.edu/accreditation.htm#accreditor for state-specific grievance information.
*Students who experienced military deployment that resulted in an inability to continue in the course or program are eligible for a tuition credit but should instead complete and submit a Military Course Drop or Incomplete Request.
^For information regarding Readmission of Students After Military Service under the Higher Education Opportunity Act of 2008, please see the General Academic Policies and Information section of this Catalog.
**Immediate family is defined as husband, wife, grandchildren, (step/adoptive) mother, (step/adoptive) father, (step/adoptive) brother, (step/adoptive) sister, (step/adoptive) child, mother-in-law, father-in-law, brother-in-law, sister-in-law, daughter-in-law, son-in-law, or grandparent. Additional considerations can be made on a case by case basis as determined by the University. Please contact email@example.com for specific consideration.
This is accomplished by requesting a Tuition Credit Request form from the student’s assigned Advisor.
Grades may be appealed based on the student’s perception that any of the following conditions exist:
Students experiencing extreme temporary hardship during the last 33% of a course should request an Incomplete (I) grade through their instructor prior to the course end date. However, there may be extreme circumstances that prohibit a student from making this request prior to the conclusion of a course. To appeal for an “I” grade after the end date of a course, the student must fax or email the written grade appeal with official documentation of the hardship experienced. An Incomplete (I) grade or a Withdraw (W) grade may be approved and applied for the following documented reasons that directly impacted the student’s ability to complete the course requirements or program during the last 33% of the course:
Students who are administratively dropped from a course for not meeting attendance requirements are not eligible to receive an “I” grade. Students who are not able to complete at least 67% of the course prior to requesting an Incomplete grade are also ineligible.
Note: Please refer to the General Academic Policies and Information section in this Catalog for complete details on the Incomplete Grade policy.
*Immediate family is defined as including husband, wife, domestic partner, grandparent, grandchild, mother-in-law, father-in-law, brother-in-law, sister-in-law, daughter-in-law, son-in-law, (step/adoptive) mother, (step/adoptive) father, (step/adoptive) brother, (step/adoptive) sister, and (step/adoptive) child. Additional considerations can be made on a case by case basis as determined by the University. Please contact firstname.lastname@example.org for specific consideration.
^ For information regarding Readmission of Students After Military Service under the Higher Education Opportunity Act of 2008, please see the General Academic Policies and Information section of this Catalog.
Grade Appeal Procedure
All grades may be appealed in writing within fourteen (14) calendar days after the grade in dispute is granted, through the following procedure:
Please note that prospective students are required to uphold all relevant student community standards. A prospective student who is found to have violated these standards could be precluded from enrolling in the University of the Rockies.
All students and alumni are expected to make themselves familiar with the Student Community Standards (hereinafter referred to as Standards). Ignorance of these Standards, including behavioral expectations, specific prohibited conduct, or consequences for misconduct is not a defense to, nor grounds for, excusing violations of the Standards. In support of this goal, the University reserves the right to refuse admission to any applicant whose behavior is deemed inappropriate based on communication with University employees. Admissions decisions are final.
The University reserves the right to create, modify, or make changes to the Standards from time to time, as needed, or when necessary in particular circumstances. The Standards may also be extended or amended to apply to new and unanticipated situations that may arise.
The student conduct process at University of the Rockies is not intended to punish students. Rather, it exists to protect the interests of the community and to challenge those whose behavior is not in accordance with the Standards. Sanctions are intended to challenge students’ moral and ethical decision-making and to help them bring their behavior into accord with our community expectations. When a student is unable to adapt his/her behavior to community expectations, the student conduct process may determine that he or she should no longer share in the privilege of participating in this community.
Students should be aware that the student conduct process is quite different from criminal and civil court proceedings. Procedures and rights in student conduct proceedings are conducted with fairness to all, but do not include the same protections of due process afforded by the courts. Fair process, within the context of these Standards, assures written notice and a hearing before an objective decision-maker. It assures that no student will be found in violation of University policy without evidence showing that it is more likely than not that a policy violation occurred, and that any sanction will be proportionate to the severity of the violation.
University of the Rockies students exemplify honesty, integrity and a respect for truth in all of their dealings. Behavior that demonstrates a lapse of integrity includes, but is not limited to:
University of the Rockies students honor and value their community. Behavior that violates this value includes, but is not limited to:
University of the Rockies students exemplify fair treatment of each other in their dealings and interactions. Behavior that violates this value includes, but is not limited to:
University of the Rockies students show respect for each other, for property, and for the community. Behavior that violates this value includes, but is not limited to:
University of the Rockies students are given and accept a high level of responsibility as role models. Behavior that violates this value includes, but is not limited to:
Written communication is an extremely important factor in an online community. The ability to communicate clearly and effectively is crucial to the success of all online learning programs. Professional language relevant to the course content should be used in the online discussion postings. Students are expected to follow the rules of Netiquette, as posted in their online courses. The following behaviors are disruptive to the online learning environment and will not be tolerated.
Flaming: Flaming is the term used for behaving disrespectfully to others online. This behavior includes, but is not limited to, mocking, shouting, cursing, humiliating, and discriminating against someone in the online environment.
Disrespect: Impolite and impertinent behavior such as putting down or cursing at the instructor or any student in an online classroom will not be tolerated.
Offensiveness: An online classroom is not the place for graphic terminology, sexual discussions, swearing, or any pornographic resources. Inappropriate language and materials of this nature are inexcusable and constitute unacceptable behavior.
Discrimination: Derogatory statements based upon an individual’s actual or perceived race, color, creed, national or ethnic origin, religion, sex, pregnancy, childbirth and related medical conditions, marital status, medical condition, service in the uniformed services, political activities and affiliations, age, disability, sexual orientation, gender identity, veteran status, or any other consideration made unlawful by federal, state, or local laws that is sufficiently serious that it interferes with or limits a student’s ability to participate in or benefit from the University’s educational program.
Solicitation: It is against policy and inappropriate for students to use the communication channels within the online learning platform to solicit other users for personal or professional reasons. Students may not send emails to classmates or post messages that attempt to sell products, promote business, or solicit employees.
Considerate: Students should treat each other with respect and should take time to read and respond to each other in such a way that a learning environment can continue to develop. Students should format postings so that everyone can learn from an individual’s knowledge, skills, and abilities.
Encouraging: Not everyone has had previous online experience. Some students may spend more time observing (reading other students’ postings, remaining invisible for some time) than others. Notice the habits of other students and classmates and provide encouragement for creative and critical conversation.
Helpful: Even a well-presented course can create some confusion. It is very easy to lose a place or miss reading information on certain links or pages. When other students are lost, offer a helping hand by pointing them in the right online direction so they can regain their confidence in online learning.
Aware: Be aware that the written word is the only form of communication in an asynchronous learning environment. Use words carefully. If a comment could possibly be interpreted as insulting, disrespectful, discriminating, mocking, or rude, students should choose other wording.
The following behaviors should be avoided:
Shouting: Using all capital letters when communicating in an online environment is known as shouting. This usage is considered a rude method of communicating. Avoid using all capital letters in online communications.
Impatience: Once a student has posted a question or concern to his or her instructor, the student should please wait patiently for a reply.
Misuse of Technology Resources
University technology resources are to be used to advance the University’s mission of education, scholarship, and service. Students may use these resources for purposes related to their studies or research or other University-sanctioned activities. These resources include, but are not limited to, hardware (including telephones, computers, and traditional media equipment) either owned or leased by the University, software, and consulting time (and expertise) of the Business Technology Services or other University technology support staff. The use of technology resources provided by the University for commercial or other purposes not directly related to study, research, or University-sanctioned activities should be considered as secondary activities (i.e., personal or otherwise). Should such secondary activity in any way interfere with primary activities, the secondary activity must be terminated immediately.
Many of the University’s technology resources are shared among the entire University community. The use of these resources will not violate law or the rights of others. Prohibited activities include, but are not limited to:
Students are expected to abide by all federal, state, and local laws prohibiting illegal gambling, including online gaming. Gambling for money or other things of value on campus/site or at University-sponsored activities is prohibited except as permitted by law.
Such prohibited activity includes, but is not limited to:
All acts of hazing by any individual student or University-registered student club or organization and any of its members or alumni are prohibited. Students are entitled to be treated with consideration and respect, and no individual may perform an act that is likely to cause physical or psychological harm or social ostracism to any other person within the University community.
Any misrepresentation, theft, or misuse of a person’s identity for any improper purpose, including, but not limited to, obtaining federal financial aid, other financial gain, or obtaining access to confidential information. Identity theft is not only a violation of University policy and the Standards, but may also constitute a criminal offense under federal and state law. University of the Rockies recognizes the importance of protecting student privacy and reserves the right to request documentation to establish or verify any student’s identity at any time, for administrative and/or compliance purposes. Students are expected to provide such documentation. Students may be placed on Administrative Leave for failure to provide documentation requested by University officials for the purpose of authenticating a student’s identity. The University may also deny or rescind admission to any student for failure to authenticate his or her identity, or for engaging in identity theft.
Prescription Drug Policy
The distribution, sale to others, or use of prescription medication for other than its prescribed use by the individual for whom it was prescribed is a violation of University policy and state law.
For student complaints governed by Title IX (sexual misconduct, sexual violence, sexual harassment, stalking, intimate partner violence, etc.), the Student Dispute Resolution Center has jurisdiction over all phases of investigations for all online, on-site, and campus-based complaints. In these instances, the Student Dispute Resolution Center has authority to enforce policies under the Student Community Standards. Directors of Student Success and Student Affairs have responsibility for conducting hearings on contested investigation findings, for determining sanctions and for implementing sanctions under the Student Community Standards.
SEXUAL MISCONDUCT OFFENSES INCLUDE, BUT ARE NOT LIMITED TO:
Three Types of Sexual Harassment
Not all workplace or educational conduct that may be described as “harassment” affects the terms, conditions, or privileges of employment or education. For example, a mere utterance of an ethnic, gender-based, or racial epithet which creates offensive feelings in an employee or student would not normally affect the terms and conditions of their employment or education.
The requirements of this policy are blind to the sexual orientation or gender identity of individuals engaging in sexual activity.
Any student found responsible for violating the policy on Non-Consensual Sexual Contact (where no intercourse has occurred) will likely receive a sanction ranging from warning to expulsion, depending on the severity of the incident, and taking into account any previous campus/site violation of the Student Community Standards.
Any student found responsible for violating the policy on Non-Consensual Sexual Intercourse will likely face a recommended sanction of suspension or expulsion.
Any student found responsible for violating the policy on Sexual Exploitation or Sexual Harassment will likely receive a recommended sanction ranging from warning to expulsion, depending on the severity of the incident, and taking into account any previous campus/site violation of the Student Community Standards.
Note: Specific information regarding hearing procedures is detailed in the Special Procedural Provisions for Sexual Misconduct and Other Sensitive Issues section of this Catalog.
CONFIDENTIALITY AND REPORTING POLICY
Different people at the University have different reporting responsibilities, and different abilities to maintain a student’s confidentiality, depending on their roles at the University. When consulting University resources, victims should be aware of confidential and mandatory reporting options in order to make informed choices. At the University, some resources may maintain a student’s complete confidentiality, offering him or her options and advice without any obligation to tell anyone, unless he or she wants them to. Other resources are expressly there for students to report crimes and policy violations, and they will take action when the student reports his or her victimization to them. Most resources at the University fall in the middle of these two extremes. Neither the University nor the law requires them to divulge private information that the student shares with them, except in extremely rare circumstances, described subsequently.
To Report Confidentially
If a student desires that details of the incident be kept confidential, the student should speak with counselors at the Rockies Counseling Center (Colorado Springs campus students only), or off-campus rape crisis resources.
A student can seek advice from certain resources that are not required to tell anyone else his or her private, personally identifiable information unless there is cause for fear for his or her safety, or the safety of others. These resources include those without supervisory responsibility or remedial authority to address sexual misconduct, faculty members, student advisors, admissions officers, and many others. If the student is unsure of someone’s duties and ability to maintain his or her privacy, he or she should ask them before talking to them. They will be able to tell him or her, and help make decisions about who can help the student best. Some of these resources, such as faculty, are instructed to share incident reports with their supervisors, but they do not share any personally identifiable information about the student’s report unless he or she gives permission, except in the rare event that the incident reveals a need to protect the student or other members of the community. If the student’s personally identifiable information is shared, it will be shared with as few people as possible, and all efforts will be made to protect his or her confidentiality to the greatest extent.
Non-Confidential Reporting Options
Students are encouraged to speak to officials of the institution to make formal reports of incidents (deans, vice presidents, or other administrators with supervisory responsibilities, campus/site security, and human resources). Students have the right and can expect to have incidents of sexual misconduct to be taken seriously by the University when formally reported, and to have those incidents investigated and properly resolved through administrative procedures. Formal reporting does not mean that the student’s report won’t be confidential, but it does mean that people who need to know will be told, and information will be shared as necessary with investigators, witnesses, and the accused. The circle of people will be kept as tight as possible, to preserve the student’s rights and privacy.
When members of groups, individuals acting in collusion, or members of an organization act in concert in violation of this policy, they may be held accountable as a group. To prevent fraud, the Director of Student Affairs may, in lieu of Student Community Standard proceedings, impose individual and/or group sanctions up to and including immediate expulsion from the University, subject to appeal, upon a determination of student involvement in such behavior. Determinations will be made with respect to the involvement of each accused individual. In most circumstances, University of the Rockies will treat attempts to commit any of the violations listed previously as if those attempts had been completed.
The Standards may be applied to conduct that takes place during the time a person is enrolled as a student, including during breaks between terms and approved breaks in attendance or any involuntary leave. Further, the Standards apply to guests of community members, whose hosts may be held accountable for the misconduct of their guests. Visitors to and guests of University of the Rockies are also protected by the Standards, and may initiate complaints for violations of the Standards committed by members of the University of the Rockies community against them. University of the Rockies may also extend its jurisdiction to misconduct that occurs prior to, but is not reported until after the graduation of the offending student. There is no time limit on reporting violations of the Student Community Standards.
However, the longer someone waits to report an offense, the harder it becomes for University of the Rockies to obtain information and witness statements, and to make a determination regarding alleged violations. Those who are aware of misconduct are encouraged to report it as quickly as possible to appropriate university officials at email@example.com.
When a student is accused, arrested, charged, or indicted for a violent or drug-related off-campus/off-site crime, the University may elect to take action against that student for violation of the Standards, which incorporates violation of local, state, and federal laws as code infractions.
When it has reasonable cause to separate a student from the community, the University may separate a student via the Emergency Administrative Leave policy pending the scheduling of a hearing for violation of the Student Community Standards. The University reserves the right to exercise its authority of Emergency Administrative Leave upon notification that a student is facing criminal investigation and/or charges. The University will permit a student who receives Emergency Administrative Leave to request a meeting to show cause as to why an Emergency Administrative Leave is not merited. Regardless of the outcome of this meeting, the University may still proceed with the scheduling of a(n) online/campus/site hearing.
When criminal charges are pending, the University may be delayed or prevented from conducting its own investigation, and moving forward with a hearing. In such cases, the University will delay its hearing until such time as it can conduct an internal investigation, or obtain from law enforcement sufficient information upon which to proceed.
In most circumstances, University of the Rockies will treat attempts to commit any of the violations listed in the Standards as if those attempts had been completed.
University as Complainant
As necessary, University of the Rockies reserves the right to initiate a complaint, to serve as complainant, and to initiate conduct proceedings without a formal complaint by the victim of misconduct.
University of the Rockies will not tolerate intentional false reporting of incidents. To make an intentionally false report of any policy violation is a violation of the Standards and may also violate state criminal statutes and civil defamation laws.
When members of groups, individuals acting collusively, or members of an organization act in concert in violation of any policy, they may be held accountable as a group, and a hearing may proceed against the group as joint accused students. In any such action, however, determinations will be made with respect to the involvement of each accused individual.
Immunity for Victims
University of the Rockies encourages the reporting of Student Community Standards violations and crimes by victims. Sometimes, victims are hesitant to report to University officials because they fear that they themselves may be accused of policy violations. It is in the best interests of this community that as many victims as possible choose to report to University officials. To encourage reporting, University of the Rockies pursues a policy of offering victims of crimes amnesty from policy violations related to the incident.
The welfare of students in the University community is of paramount importance. At times, students on and off-campus/off-site may need assistance. University of the Rockies encourages students to offer help and assistance to others in need. Sometimes, students are hesitant to offer assistance to others, for fear that they may get themselves in trouble. University of the Rockies pursues a policy of immunity for students who offer help to others in need for any minor violations the Good Samaritan was involved in at the time.
Notification of Outcomes
The outcome of a Student Community Standards hearing is part of the education record of any student personally identified, and is protected from release under the Family Educational Rights and Privacy Act (FERPA), a federal law. However, University of the Rockies observes the following legal exceptions:
It has become common for students accused of policy violations to try to defend their actions with excuses, such as prescription drug interactions, self-defense, alcohol, etc. Defending actions is admitting to a policy violation. While a student’s defense will not excuse his or her actions, University of the Rockies will take the legitimacy of his or her defense into consideration in addressing the proper sanction.
Students are cautioned that behavior conducted online, such as harassment delivered by email, can subject them to University conduct action. Students must also be aware that blogs, web pages, social media websites, and similar online communications are in the public sphere, and are not private. These communications can subject a student to allegations of conduct violations, if evidence of policy violations is posted online. The University does not regularly go hunting for this information, but will take action if and when such information is brought to the attention of University officials.
Faculty, staff, administrators, and students are required to report a crime, of which they become aware, immediately to the local authorities and to the Student Affairs Specialist (Colorado Springs Campus) or Director of Student Affairs (Denver Instructional Site). If the Student Affairs Specialist/Director of Student Affairs is unavailable, the crime should be reported to a member of the faculty or staff, VP/Campus Director, Facilities Coordinator, or the University Registrar. This information will be then be provided to the Student Affairs Specialist/Director of Student Affairs, who will then complete an Incident Report. A copy of the Incident Report will be provided to the VP/Campus Director and the Director of Student Affairs (as applicable).
Colorado Springs Campus:
P. 866.621.0124, F. 888.374.8426,
Address: 555 East Pikes Peak Avenue, Ste. 108
Colorado Springs, CO 80903
Denver Instructional Site:
P. 303.446.5867, F 855.845.8764
Address: 1201 16th Street, Ste. 200
Denver, CO 80202
In addition, because University of the Rockies operates an urban campus without campus police in Colorado Springs, University of the Rockies will file a report of any crime with the Colorado Springs Police Department or other appropriate law enforcement agencies. (It should be noted that the Colorado Springs Police Department maintains an office on the University of the Rockies’ campus and can be contacted in case of an emergency or the intervention of a criminal activity.)
Also, University of the Rockies will report any crime occurring at the Denver Instructional Site with the Denver police department or other appropriate law enforcement agencies. (It should be noted that the Denver Instructional Site employs Security Guards who can be contacted in the case of an emergency).
Under certain conditions, licensed mental health professionals employed by the University and the practicum students they supervise at the Rockies Counseling Center, are exempt from these reporting requirements. Under Colorado state law, mental health professionals have an obligation to maintain the confidentiality of information they receive from their clients and protect privileged communications with their clients (CRS 12-43-218). With certain exceptions, this duty to maintain patient privacy takes precedence over the duty to report a crime. See CRS 13-21-117, CRS 12-43-218 and CRS 13-90-107(1)(g) for additional information concerning when a mental health professional is required to report a crime or otherwise disclose confidential information received from a client. (Note: for the safety of students and their clients, practicum students are not to see clients in the Rockies Counseling Center if there is not a licensed psychologist in the building.)
University of the Rockies does not have any policies or procedures that allow victims or witnesses to report crimes on a voluntary, confidential basis to University administrators. In addition, the University does not employ professional counselors or pastoral (faith-based) counselors for student or faculty/staff utilization, nor does it have a policy that encourages pastoral counselors and professional counselors to inform the persons they are counseling of any procedures to report crimes on a voluntary, confidential basis for inclusion in the annual disclosure of crime statistics. Students/employees may anonymously report a crime directly to the local police or through other anonymous crime reporting mechanisms such as Crime Stoppers to comply with Colorado’s Duty to Report law.
All Incident Reports, including those submitted by Rockies Counseling Center staff and patients, are forwarded to the Student Affairs Specialist/Director of Student Affairs for review and potential action if there is a breach of Student Community Standards and violations of law will be referred to law enforcement agencies. When a potentially dangerous threat to the University community arises, timely reports or warnings will be issued as set forth in the University of the Rockies Campus Security and Safety Report located on the University of the Rockies website at http://www.rockies.edu/Rockies_CampusSafetyandSecurityReport.pdf.
University of the Rockies students and alumni are expected to conduct themselves as responsible adults who are worthy of the profession they pursue. University of the Rockies is a community of learners and scholars. As such, all students and alumni are responsible for doing their own work and participating in this community with a sense of academic integrity. Academic dishonesty of any kind, including plagiarism, falsification of data, cheating, or submitting the same work in more than one course without obtaining both faculty members’ approval in advance, will not be tolerated by the University and may be grounds for dismissal from the University.
Cheating includes unauthorized copying from the work of another student, with or without that student’s consent, using notes or other unauthorized material during a test period, and giving or receiving assistance from another when it is expected the student will perform his or her own work. Cheating also includes the unauthorized possession, attempt to possess, distribution, or attempt to distribute examinations or examination questions.
Deceitful Statements of Academic Achievements/Attainments
Cheating or furnishing fabricated or false information to University of Rockies’ officials and/or faculty (such as lying to effect a grade change) or to the general public (such as falsifying information on a resume) are also acts of academic dishonesty prohibited by the Student Community Standards.
Facilitating Academic Dishonesty
Intentionally or knowingly helping or attempting to help another to commit a violation of academic integrity.
Falsifying data to show either the process or the product of scholarly examination to be different from what actually occurred is also considered dishonest. This includes falsely reporting attendance or participation in any field work experience. Students may not submit work done in one course to satisfy the requirements of another course, unless both instructors agree beforehand.
Forged or Altered Documents
Forged or altered documents may not be presented for any purpose. This includes transcripts, withdrawal forms, petitions, or any academic form that has been falsified or on which the signature of a member of the faculty or administration, or anyone else’s signature, has been forged or altered.
Students agree to produce all the work assigned in every course as their individual work, unless collaboration is required or expressly permitted by the instructor. Plagiarism includes the use of the student’s own previously published work (in whole or in part) or work previously submitted (in whole or in part) in any course, including within the same course, without proper citation in accordance with the guidelines set forth in the Sixth Edition Publication Manual of the American Psychological Association.
Students must obtain specific, written permission from their instructor(s), prior to the inclusion in course assignments, to submit work the student previously submitted (in the same course or any other course) or work the student previously published, in whole or in part.
Students will avoid all forms of plagiarism and will not submit as their own work material obtained from persons (with or without that person’s knowledge), or from other sources such as term paper companies or the Internet. Students will give credit (proper APA citations) for all the sources of their ideas, whether written or oral, formal or informal, published or unpublished. Plagiarism may be grounds for dismissal from the University.
Avoiding Plagiarism: Address any questions regarding plagiarism to the course instructor. Students should be aware that University of the Rockies’ instructors utilize anti-plagiarism resources to determine the originality of submitted written work. These tools compare students’ work with texts available in internal databases and through Internet searches.
University of the Rockies may also extend its jurisdiction to misconduct that occurs prior to, but is not reported until after, the graduation of the offending student. There is no time limit for reporting, investigating, or disciplining violations of the Academic Integrity Policy.
Faculty are given autonomy in the classroom to grade assignments and set consequences for academic dishonesty. Faculty members will (a) provide notice to the student or alumnus informing him or her of the alleged offense and subsequent consequence, and (b) notify the University’s Academic Resolution department of the alleged offense, which will provide formal notice to the student or alumnus of the allegations of the offense, as well as any resulting consequences deemed appropriate by the University outside of the classroom environment.
First and second violations: For the first confirmed offense of academic dishonesty reported to the University, the University will provide the student instructive resources for assisting the student to avoid plagiarism; acknowledgement of fault and of the resources by the student should be provided to the Academic Resolution Administrator (ARA). The consequence for the second confirmed offense of academic dishonesty includes, but is not limited to: successfully completing an American Psychological Association (APA) publication style instruction course, writing an essay demonstrating APA style competency, or similar disciplinary exercise as provided by the ARA.
Third violation: Third confirmed violations will be referred to the Student Affairs department for a formal hearing by the Student Community Standards Committee (SCSC). After review and confirmation by the SCSC, the student may be failed for the course in which the violation occurred and suspended from the University for one year.
Fourth violation: Fourth confirmed violations will be referred to the Student Affairs department for a formal hearing by the SCSC. After review and confirmation by the SCSC, the student may be expelled, permanently separated, from the University.
The formal conduct hearing process is outlined under Student Community Standards Disciplinary Processes. Students may appeal disciplinary decisions regarding academic dishonesty through the Grade Appeal process. Students may appeal disciplinary actions of the SCSC as per the process outlined in this Catalog.
Plagiarism in the Comprehensive Examination
Plagiarism, or unauthorized collaboration of any sort with other individuals, will result in automatic failure of the Comprehensive Exam. If the student is eligible to retake the Comprehensive Exam, the student will be required to successfully complete a plagiarism remediation course before being permitted to retake the Comprehensive Exam.
Plagiarism in Dissertation
The University requires that all dissertations be submitted for a plagiarism check through Turnitin prior to the defense. The University further requires that the student’s Dissertation Chair certify that the dissertation has been checked through Turnitin.
If plagiarism is discovered after a doctoral student's dissertation has been submitted for final examination, or after the student's program has been completed, the alleged plagiarism must be immediately reported to the Provost. The Provost (or designated Dean) will collaborate with the Student Affairs department to determine an appropriate course of action.
Turnitin is available to students as a Learning Resource in the online classroom.
Notice of Complaint
Once a determination is made that reasonable cause exists for the Director of Student Affairs or designee to process a complaint, notice will be given to the accused student or alumnus. Notice will be in writing, and may be delivered in person during a meeting with the Director of Student Affairs or designee or via email. Email is considered an official form of University-related communication. Once emailed, such notice will be presumptively delivered when an email is sent.
The letter of notice will state briefly a description of the incident alleged, as well as stating all policies the accused student or alumnus is alleged to have violated and the possible consequences if the accused student or alumnus is found in violation. The letter of notice will direct the accused student or alumnus to contact the Director of Student Affairs or designee within two business (Monday thru Friday) days of receipt to respond to the complaint.
The failure of a student or alumnus to acknowledge the notice within two (2) business days may result in an administrative hold on the student’s account or the alumnus’ privileges. This administrative hold will remove the student from all future scheduled courses. The hold will not be lifted until the student participates in determined informal or formal hearings and the Student Community Standards Procedures for the student are closed.
A meeting (in person or by phone) with the Director of Student Affairs or designee will be arranged to explain the nature of the complaint and the conduct process. Within the two business day (Monday thru Friday) period, the accused student or alumnus must schedule this meeting, and at that time or before, indicate in writing to the Director of Student Affairs or designee whether he or she admits or denies the allegations of the complaint. If the accused student or alumnus admits the violation(s), the Director of Student Affairs or designee will impose appropriate sanctions. Such a disposition will be final and there will be no subsequent proceedings, unless the sanctions include suspension or expulsion. In that case, the accused may request a hearing by the Student Community Standards Committee on the issue of sanctions, only.
If the student or alumnus denies the violation(s), the complaint will be referred for a hearing. Minor complaints will be referred for an informal hearing, and more serious complaints will be referred to the Student Community Standards Committee (see the following for details on the proceedings of this committee). The Director of Student Affairs or designee has discretion to determine the severity of the alleged violation(s), and whether informal or formal hearing procedures will apply. Generally, any misconduct that will result in less than separation is considered minor, and any misconduct that is likely to result in suspension or expulsion is eligible for referral to the Student Community Standards Committee.
Decisions made by the Student Community Standards Committee or the Director of Student Affairs or designee will be final, and sanctions implemented, pending the normal appeal process. The Director of Student Affairs or designee has the authority to stay implementation of sanctions pending the appeal, at his or her discretion.
Informal Hearings Procedures
For hearing procedures relating to matters involving sexual misconduct or other sensitive issues, please see the Special Procedural Provisions for Sexual Misconduct and Other Sensitive Issues section of this Catalog.
When a student or alumnus denies a minor violation of the Student Community Standards, the Director of Student Affairs or designee will upon receipt of a written denial from the accused student or alumnus, schedule a hearing.
Formal Hearing Procedures
For hearing procedures relating to matters involving sexual misconduct or other sensitive issues, please see the Special Procedural Provisions for Sexual Misconduct and Other Sensitive Issues section of this Catalog.
Written notice of the time, date and location of the hearing will be sent to all parties to the complaint, who may additionally be notified in person, by telephone, or by email.
In any joint hearing, separate determinations will be made as to the responsibility of each student or alumnus accused. The Student Community Standards Committee may elect to separate hearings that have been referred jointly, in its discretion and in consultation with the Director of Student Affairs.
The President of the University or designee will name a Student Community Standards Committee to conduct a formal hearing to review complaints forwarded to it by the Director of Student Affairs or designee. The Student Community Standards Committee will consist of three (3) members selected by the Provost, two of which will be from the faculty and/or administration, and one of which may be from the student body. The remaining member may be either faculty, staff, or one of both categories. The committee will select its own chairman, vice-chairman, and secretary from among its members for each hearing by majority vote of those present. Committee members will serve without compensation. At any hearing before the committee, at least three (3) members will be present to constitute a quorum in order to transact the business of the Committee. Any member of such Committee directly involved in the outcome of a hearing, or who believes he or she has a conflict of interest rendering him or her incapable of making an impartial decision will disqualify himself or herself from that hearing and the President will appoint a person to take his or her place at that hearing.
Once a student or alumnus responds to an alleged violation, he or she will be given a minimum of seven (7) days to prepare for a hearing. Students or alumni may request to waive the seven (7) day preparation requirement if they prefer an expedited hearing.
At least forty-eight (48) hours before any scheduled hearing, the following will occur:
The Committee will consider all information that is relevant and credible. The Committee may in its discretion limit or bar character witnesses. Any questions of the admissibility of information will be determined by the Chair. The past sexual history or sexual character of a party will not be admissible by the other party in hearings unless such information is determined to be highly relevant by the Chair. All such information sought to be admitted will be presumed irrelevant, and any request to overcome this presumption by the parties must be included in the complaint/response or a subsequent written request, and must be reviewed in advance of the hearing by the Director of Student Affairs or designee. While previous conduct violations by the accused student or alumnus are not generally admissible as information about the present alleged violation, the Director of Student Affairs or designee may supply previous complaint information to the Committee, or may consider it himself or herself if he or she is hearing the complaint, only if:
Record of Proceeding
Proceedings before the Student Community Standards Committee will be recorded. A tape recording of the proceedings will be sufficient. In the event a transcript of the proceedings is requested, the person so requiring will pay the cost of reproduction.
After a Student Community Standards Committee hearing, the Committee will deliberate and determine by majority vote whether it is more likely than not that the student or alumnus has violated the Student Community Standards. The Director of Student Affairs or designee will be present and available as a resource during all deliberations. Once a finding is determined, if that finding is that of a policy violation, the Student Community Standards Committee will determine an appropriate sanction. The Director of Student Affairs or designee is responsible for informing the Student Community Standards Committee of applicable precedent and any previous conduct violations by the accused student. The Chair will prepare a written deliberation report to the Director of Student Affairs or designee detailing the finding, how each body member voted, the information cited by the body in support of its finding, and any information that the body excluded from its consideration, and why. This report should conclude with any recommended sanctions. This report should not exceed two pages in length, and must be submitted to the Director of Student Affairs or designee within 48 hours after the end of deliberations. The Director of Student Affairs may make appropriate modifications and then will implement the final determination and inform the parties within seven (7) days after the hearing.
Disciplinary Warning: A notice in writing to the student or alumnus that the student or alumnus is violating or has violated institutional policies. The letter informs the student or alumnus that continued misconduct will result in further disciplinary action.
Loss of Privileges: Means a denial of specified privileges for a definite period of time. Privileges that may be lost include, but are not limited to, the following:
Suspension: Separation of the student from campus/site, classes, and all privileges for a definite period of time, after which the student is eligible to return. The offender may not be on campus/site at any time or participate in University classes except to come to the Administration Building for matters directly related to the suspension. In cases where suspension prevents course work, the student will receive a “W” grade. Tuition and fees will be refunded as per applicable tuition refund policies outlined in Tuition, Fees, and Financial Aid section of this Catalog. Any conditions for readmission will be stated in the order of suspension.
Expulsion: Permanent separation of the student from the University. Tuition and fees will be refunded as per applicable refund policies outlined in the Tuition, Fees, and Financial Aid section of this Catalog. The student is barred from being present on campus/site and at University-sponsored events.
The following sanctions may be imposed upon groups or organizations:
Rescindment of Degree: A University of the Rockies degree may be rescinded when there is clear and convincing evidence that one of the following has occurred:
To appeal from a Student Community Standards Committee Hearing:
Every opportunity should be taken to return the complaint to the Student Community Standards Committee for reconsideration, where possible. On appeal by any party to the complaint, the Vice Provost or VP/Campus Director or the Student Community Standards Committee (by majority vote) may support or change a decision, increase, decrease or modify a sanction. An appeal is not a rehearing, though witnesses may be called or parties questioned as necessary. The reviewing body will be deferential to the original decision maker, making changes to the finding only where there is clear error and to the sanction only if a compelling justification to do so exists.
During Emergency Administrative Leave, the University administration will conduct a timely investigation. Students will remain on an administrative leave no more than 14 days from the student’s last date of attendance. Within that 14-day period, the University administration will follow University procedures for administration of the Student Community Standards and render a decision as to any change in status and/or and sanctions to be imposed by University of the Rockies. Students on Emergency Administrative Leave are not permitted to return to campus/site or to participate in University classes or events.
More than one of the sanctions listed previously may be imposed for any single violation.
Special Procedural Provisions for Sexual Misconduct and Other Sensitive Issues
Attempted Violations: In most circumstances, University of the Rockies will treat attempts to commit any of the violations listed in the Standards as if those attempts had been completed.
University as Complainant: As necessary, University of the Rockies reserves the right to initiate a complaint, to serve as complainant, and to initiate conduct proceedings without a formal complaint by the victim of misconduct.
False Reporting: University of the Rockies will not tolerate intentional false reporting of incidents. It is a violation of the Standards to make an intentionally false report of any policy violation, and it may also violate state criminal statutes and civil defamation laws.
Group Action: When members of groups, individuals acting collusively, or members of an organization act in concert in violation of any policy, they may be held accountable as a group, and a hearing may proceed against the group as joint accused students.
Amnesty Policy: University of the Rockies encourages the reporting of crimes by victims. Sometimes, victims are hesitant to report to University officials because they fear that they themselves may be accused of policy violations. It is in the best interests of this community that as many victims as possible choose to report to University officials. To encourage reporting, University of the Rockies pursues a policy of offering victims of crimes immunity from policy violations related to the incident.
Notice of When Complaint Delivered to Accused Student: Complainants are notified as to when notice of the complaint is delivered to the accused student, so as to protect themselves from potential retaliation.
No-Contact Order: Students are entitled to seek a no-contact order that imposes reasonable restrictions on student contact during and potentially after campus/site conduct proceedings are in progress.
Right to a Closed Hearing: In sensitive issues, such as stalking, violence, and sexual misconduct, all hearings will be closed to the public, and only those who have a legitimate reason to be present will be permitted to be present.
Right to a Prompt Process and Hearing: Sexual misconduct complaints are fast-tracked to ensure that University of the Rockies provides a prompt response.
Advisor/Advocate/Presence of Others: All parties to sexual misconduct complaints have the right to an advisor/advocate from the community. Any advisors from outside the community must be pre-approved by the Director of Student Affairs. The accuser and the accused are entitled to the same opportunity to have other persons present during a disciplinary hearing, who may not be advisors or advocates.
List of Witnesses and Copies of Documentary Evidence: University procedures call for an exchange of information between the parties in advance of the hearing, including an exchange of the complaint and answer, witness lists, and other written statements that may be available.
Right to Advance Notice of Board Composition and Right to Challenge: All parties to the complaint will receive advance notice of who will serve on the conduct board or panel and will be given the right to challenge any member of the basis of actual bias. Any challenge will be decided by the Director of Student Affairs.
Sexual History/Character: All parties to a complaint have a right not to face questions or discussion of their sexual history or character unless the hearing chair or administrative hearing officer determines that such information is highly relevant to determining whether the policy has been violated.
Separate Testimony Options: Any complainant can request to give his or her testimony via alternate means to being in the physical presence of the person he or she has accused. Screens and closed-circuit broadcasts may be permitted, but not to the disadvantage of the accused student.
Right to be Present for Entire Proceeding: Each party has the right to be present for all testimony and questioning. Only deliberation is conducted in closed-session without the parties present. If findings and sanctions are presented orally at the end of the hearing, the complainant is permitted to be present.
Right to Present Own Complaint or Use Proxy: The alleged victim has the right to present his or her own complaint if he or she wants to, or to ask the University to stand as complainant in his or her place.
Right to Know Outcome and Sanctions: Whether in writing or informed orally, the complainant and the accuser have the right to know the outcome and sanctions of the hearing.
Right to be Informed of Appeal Status: The parties will be informed by the Office of the Director of Student Affairs if any of the parties to the complaint requests an appeal.
In any complaint where there is a finding of violation of the sexual misconduct policy, the sanctioning, in addition to standard sanctioning principles, will be guided by the following goals to:
Summary of Civil and Criminal Penalties for Violation of Federal Copyright Laws
Copyright infringement is the act of exercising, without permission or legal authority, one or more of the exclusive rights granted to the copyright owner under Section 106 of the Copyright Act (Title 17 of the United States Code). These rights include the right to reproduce or distribute a copyrighted work. In the file-sharing context, downloading or uploading substantial parts of a copyrighted work without authority constitutes an infringement.
Penalties for copyright infringement include civil and criminal penalties. In general, anyone found liable for civil copyright infringement may be ordered to pay either actual damages or “statutory” damages affixed at not less than $750 and not more than $30,000 per work infringed. For “willful” infringement, a court may award up to $150,000 per work infringed. A court can, in its discretion, also assess costs and attorneys’ fees. For details, see Title 17, United States Code, Sections 504, 505.
Willful copyright infringement can also result in criminal penalties, including imprisonment of up to five years and fines of up to $250,000 per offense.
Students who are found to have participated in the unauthorized distribution of copyrighted material and/or other forms of copyright infringement will be subject to an appropriate consequence in accordance with the Student Community Standards found in this Catalog.
Both the Recording Industry Association of America (RIAA) and the Motion Picture Association of America (MPAA) maintain a list of legal alternatives for downloading. Please visit http://www.whymusicmatters.com or http://www.mpaa.org for more information.
Grounds for Involuntary Leave
A student may be subjected to Involuntary Leave if there is evidence that the student’s continued attendance presents an unreasonable risk of harm to members if the University community. The leave will endure for a pre-determined period, or until the student no longer poses an unreasonable risk of harm, at which time the leave will end and the student will be reinstated. Grounds for Involuntary Leave include:
When the Director of Student Affairs or designee receives credible information regarding a student’s behavior, statements, or actions, that may constitute grounds for Involuntary Leave, the Director or designee will meet with the student to review the reported behavior, actions, and or statements. If the Director or designee has a reasonable basis to believe that the student meets the criteria for Involuntary Leave, he or she may take any of the following actions:
In situations where a mandatory evaluation by a professional is expected, the student will be required to sign written authorization to allow for the exchange of relevant information between the University and the evaluating professional. Failure to cooperate with the evaluation or sign the written authorization may result in a referral to the student conduct process. The professional making the evaluation shall assess the student’s ability to safely participate in the University community. The assessment shall include a determination of:
If the evaluation results in a determination that the student’s continued attendance poses no significant threat to the health and safety of the University community, the University shall take no further action under the Involuntary Leave policy.
If the evaluation results in a determination that the continued attendance of the student presents a significant threat to the health and safety of any member(s) of the University community, the University may refer the matter to the Office of Student Affairs and/or will conduct an Involuntarily Leave hearing to make an individualized and objective assessment of the student’s ability to safely participate in the University’s educational program. The assessment will include a determination of the severity of risk posed by the student to the health and safety of members of the University community, the probability that potential harm may occur, and whether reasonable modifications of policies, practices, and procedures will sufficiently mitigate the risk. The student may provide evidence showing he or she should not be placed on Involuntary Leave. If the hearing determines there is an unreasonable risk based on a high probability of substantial harm to members of the University community, the student will be placed on leave from the University.
During the period of either Emergency Administrative Leave or during a time period of Involuntary Leave after assessment, the student is not permitted to participate in University courses or events, or be present in any University facility or on any campus/site, except by the express permission of the Director of Student Affairs, or designee. Appeals of an Involuntary Leave will be handled in accordance with the University of the Rockies Grievance Procedure for Student Complaints.
Consequences to Course Grades and Tuition or Other Fee Charges
If the Involuntary Leave policy is invoked, the student will normally receive “W” grades (withdraw grades) in all courses in which he or she is currently enrolled, and will be considered eligible for a tuition credit upon re-enrollment. Regular tuition charges and other applicable fees will be refunded per the Tuition Refund Policy outlined in the Tuition, Fees, and Financial Aid section of this Catalog, based on the student’s last date of attendance.
Appeal of Involuntary Leave after Evaluation or Emergency Administrative Leave
In situations where a student is involuntarily withdrawn as a result of either an Emergency Administrative Leave or as an action determined appropriate from the results of the assessment, a student shall be informed of his or her right to appeal the University’s decision regarding the Involuntary Leave.
The appeal shall be in writing and directed to the VP/Campus Director (Colorado Springs Campus and Denver Instructional Site) or the Director of Student Services (online) or designee and shall be received within ten (10) business days of the determination of the Involuntary Leave. Upon receipt of the appeal, the VP/Campus Director (Colorado Springs Campus and Denver Instructional Site) or Director of Student Services (online) or designee shall set a hearing date no later than 15 business days after receipt of the appeal. The hearing shall be an informal proceeding and is not considered adversarial.
At the hearing, the student will be provided with the opportunity to review any evaluations utilized by the University in the determination to invoke the Involuntary Leave policy. The student will also be provided with the opportunity to present relevant information from his or her perspective. The student may be accompanied by a person acting as an advocate who may be a family member or friend or member of the University community. The VP/Campus Director (Colorado Springs Campus and Denver Instructional Site) or the Director of Student Services (online) or designee will review all the information presented in the hearing and make a determination of whether to uphold the involuntary leave of the student or consider readmission to the University.
Readmission to the University
A student who is involuntarily withdrawn under the Involuntary Leave policy will have the opportunity to re-enroll according to the time period specified in the decision letter from the Director of Student Services (online), VP/Campus Director (Colorado Springs Campus and Denver Instructional Site), or designee (in the case of an appeal). In all cases, the period of re-enrollment will not be before the start of the next academic term. The student must demonstrate, in addition to meeting all normal requirements for admission that the student no longer presents an unreasonable risk of harm and/or the student is no longer deemed to be engaging in and will not engage in any of the behaviors that led to the initial action of imposing the Involuntary Leave. The University may impose conditions upon the reenrollment status that limit the nature and scope of the student’s participation in the community if appropriate.
Source: IPEDS Fall Enrollment Survey 2012 – 2013.
|Black or African American||33%|
|American Indian or Alaska Native||3%|
|Native Hawaiian or Other Pacific Islander||0%|
|Two or more races||1%|
Source: IPEDS Fall Enrollment Survey 2012 – 2013.