University of the Rockies Catalog - Student Rights and Responsibilities

University of the Rockies Catalog - Student Rights and Responsibilities

Section Two: Student Rights and Responsibilities

University of the Rockies fosters equal opportunity through accessible educational programs, disability-related advocacy, and an enhanced awareness of individual abilities and contributions. We are committed to an environment that respects and values diversity and encourages self-advocacy and self-determination.

 


Notice of Nondiscrimination

University of the Rockies is an educational institution that admits academically qualified students to all the rights, privileges, programs, and activities generally available to students at the University. A student shall have the right to participate in University-sponsored services and activities without discrimination or harassment. The University does not discriminate in its education programs and activities on the basis of 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. The University is an equal opportunity institution and complies with all applicable federal, state and local laws.Specifically, Title IX requires the University not to discriminate on the basis of gender or sex in its education programs and activities. Prohibited gender or sexual harassment, including gender or sexual violence, is a form of prohibited gender or sexual discrimination. Examples of covered acts are found in the Sexual Misconduct section of this Catalog.

 

Students who believe they have been subjected to discrimination, misconduct, harassment, violence or retaliation in violation of this policy should follow the relevant procedure outlined in the Referral to Office of Student Grievance and Resolution section of this Catalog. This process involves a thorough, impartial investigation designed to provide a fair, prompt, and reliable determination about whether University of the Rockies’ nondiscrimination policies have been violated. 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.

 

Students, staff, or faculty that wish to report a concern or complaint relating to discrimination, misconduct, harassment, violence or retaliation concerning faculty, staff, a student or students may do so by reporting the concern to the following people. For complaints alleging discrimination, misconduct, harassment, violence or retaliation based on gender or sex:

 

Contact the Title IX Coordinator for University of the Rockies, Dr. Deborah Pardee, Core Faculty, School of Professional Psychology, at:

 

(866) 621-0124, ext. 2134; deborah.pardee@rockies.edu
555 E. Pikes Peak Ave., Ste. 108
Colorado Springs, CO 80903

 

For all other complaints, including discrimination, misconduct, harassment, violence or retaliation based on race, color, creed, national or ethnic origin, religion, pregnancy, childbirth and related medical conditions, marital status, medical condition, service in the uniformed services, political activities and affiliations, age, disability, veteran status, or any other consideration made unlawful by federal, state, or local laws:

 

Contact the Student Dispute Resolution Center at Dispute.Resolution@rockies.edu or (866) 621-0124, ext. 1455.

 

Individuals with complaints of any nature described above 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.

 


Freedom of Inquiry and Expression

University of the Rockies is committed to preserving the exercise of freedom of inquiry, freedom of thought, and freedom of discussion and expression and the right of petition and peaceful assembly. A student who exercises his or her rights as a private citizen, whether individually or collectively, must assume full responsibility for the consequences of such actions and must not identify his or her position or actions as representing the University.

 


Exercise of Rights of Citizenship

On-campus and on-site students are both members of the academic community and citizens of the Colorado Springs and Denver communities. As members of the academic community, students are entitled to all the rights and protections enjoyed by other members of the community. Students are also subject to obligations by virtue of this membership. As citizens of the Colorado Springs and Denver communities, students are subject to all local, state, and federal laws, the enforcement of which is the responsibility of duly constituted local, state, and federal authorities.

Institutional Authority and Local, State, and Federal Penalties

When students violate University regulations, they are subject to disciplinary action by the University, whether or not their conduct violates local, state, or federal laws. By committing an act of misconduct, a student or organization may be subject to disciplinary action by the University. Conduct regulations apply to misconduct only when the conduct adversely affects some distinct and clear interest of the University academic community. Students who act in concert to violate the University regulations, or students who advise or incite to violate the University regulations, are also responsible for such violations.

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.

 


Disability Support Services

The University is committed to providing an equal opportunity to access a full educational experience. In accordance with Section 504 of the Rehabilitation Act of 1973, and the Americans with Disabilities Act (ADA) of 1990, as amended, University of the Rockies prohibits discrimination on the basis of a disability. Reasonable accommodations will be granted to students who present appropriate documentation of disability and are otherwise qualified to participate in their specific program of study. University of the Rockies’ Office of Student Access and Wellness is dedicated to fostering equal opportunities to student success through accessible educational programs, disability related advocacy, faculty and staff education, and an enhanced awareness of individual abilities and contributions.

 

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.

 

Disability Documentation

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:

 

  1. Primary Documentation: Student’s Self-Report University of the Rockies believes the student is a vital source of information regarding how he or she may be “limited by impairment.*” A student’s narrative of his or her experience of disability, barriers, and effective and ineffective accommodations is an important tool which, when structured by interview or questionnaire and interpreted by professional staff, may be sufficient for establishing disability and a need for accommodation.
  2. Secondary Documentation: Observation and Interaction The impressions and conclusions formed by University of the Rockies disability professionals during interviews and conversations with students or in evaluating the effectiveness of previously implemented or provisional accommodations are important forms of documentation. The University employs qualified and experienced disability professionals who will observe students’ language, performance, and strategies as an appropriate tool in validating student narrative and self-report.
  3. Tertiary documentation: Information From External or Third Parties Documentation from external sources may include educational or medical records, reports and assessments created by health care providers, school psychologists, teachers, or the educational system. This information is inclusive of documents that reflect education and accommodation history, such as Individual Education Program (IEP), Summary Of Performance (SOP), and teacher observations.** External documentation will vary in its relevance and value depending on the original context, credentials of the evaluator, the level of detail provided, and the comprehensiveness of the narrative.

 

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.

Contact Information

Students who believe they are in need of accommodations should contact the Office of Student Access and Wellness at access@rockies.edu 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.

 


Publicity and Photo Release

All media releases of information originating from the University should be channeled to the Campus Communications Manager. Media inquiries directed toward students, faculty, and staff at the University are to be directed to the Campus Communications Manager, and administrators, faculty, staff, or students who are contacted directly by the media should refer the media to the Campus Communications Manager. Comments should not be given to the media until the Campus Communications Manager has been contacted.

 

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.

 


Family Educational Rights and Privacy Act (FERPA) of 1974

The Family Educational Rights and Privacy Act (FERPA) affords students certain rights with respect to their education records. FERPA rights begin upon the student’s enrollment, which occurs when the student has been admitted to the University and attends any portion of a course. FERPA-protected rights include the following:
  1. The right to inspect and review the student’s education records within 45 days of the day the University receives a request for access.
    • Students should submit written requests that identify the record(s) they wish to inspect to the University Registrar. The Registrar will make arrangements for access and notify the student of the time and place where the records may be inspected. If the records are not maintained by the Registrar’s Office, the Registrar’s Office will facilitate the student’s access to the requested records.
  2. The right to request the amendment of the student’s education records that the student believes is inaccurate, misleading, or otherwise in violation of the student’s privacy rights under FERPA.
    • Students may ask the University to amend a record that they believe is inaccurate, misleading or otherwise in violation of the student’s privacy rights under FERPA. They should write the Registrar, clearly identifying the part of the record they want changed, and specifying why it should be changed.
    • If the University decides not to amend the record as requested by the student, the University Registrar will notify the student in writing of the decision and advise the student of his or her right to a hearing regarding the request for amendment. Additional information regarding the hearing procedures will be provided to the student when notified of the right to a hearing.
    • If, as a result of the hearing, University of the Rockies decides that the information in the education record is not inaccurate, misleading, or otherwise in violation of the privacy rights of the student, the student will be afforded the opportunity to place with the education record a statement commenting on the contested information in the record and/or a statement setting forth any reason for disagreeing with the decision of the hearing. The statement placed in the education record by the student will be maintained with the contested part of the record for as long as the record is maintained. When the related record is disclosed to an authorized party, the record will include the statement filed by the student.
  3. The right to provide written consent prior to disclosures of personally identifiable information contained in the student’s education records, except to the extent that FERPA authorizes disclosure without consent.
    • An exception, which permits disclosure without consent, is disclosure to school officials with legitimate educational interests. A school official has a legitimate educational interest if the official needs to review an education record in order to fulfill his or her professional responsibilities for the University. A school official may include any of the following:
      • A person employed by the University in an administrative, supervisory, academic, research, or support staff position (including law enforcement unit personnel and health staff);
      • A person or company with whom the University has contracted (such as an attorney, auditor, or collection agent);
      • A person or organization acting as an official agent of the institution and performing a business function or service on behalf of the institution;
      • A person serving on the Board of Trustees; or
      • A student serving on an official committee, such as a disciplinary or grievance committee, or assisting another school official in performing his or her professional responsibilities.
    • Upon request, the University discloses education records without consent to officials of another school in which a student seeks or intends to enroll, or is already enrolled so long as the disclosure is for purposes related to the student’s enrollment or transfer.
    • The University may disclose education records without consent to parents in the following circumstances:
      • When a student is a dependent student as defined in Section 152 of the Internal Revenue Code of 1986;
      • When the student has violated any federal, state, or local law, or any rule or policy of University of the Rockies, governing the use or possession of alcohol or a controlled substance if University of the Rockies determines that the student has committed a disciplinary violation with respect to that use or possession, and the student is under the age of 21 at the time of the disclosure to the parent; or
      • The disclosure is in connection with a health or safety emergency.
    • The University may disclose education records without consent when the information is deemed necessary to protect the health or safety of the student or other individuals in an emergency.
    • The University may also disclose education records without consent under other exceptions authorized by FERPA
    • Directory information can be published and/or disclosed to outside organizations without a student’s prior written consent. “Directory information” means information contained in an education record of a student that would not generally be considered harmful or an invasion of privacy if disclosed. If you do not want University of the Rockies to disclose directory information from your education records without your prior written consent, you must notify the University Registrar in writing. A request for nondisclosure of directory information is valid unless or until the student requests a change in writing. University of the Rockies has designated the following information as directory information:
      • Student’s name
      • Address
      • Telephone listing
      • Email address
      • Photograph
      • Degrees, honors, and awards received
      • Date and place of birth
      • Program of study
      • Dates of attendance
      • Degree level
      • The most recent educational agency or institution attended
      • Enrollment status (e.g., non-degree seeking, graduate, full-time, half-time, or less than half-time)
      • Class rosters within the classroom
    • The outcome of a campus/site hearing is part of the education record of any student personally identified, and is protected from release under FERPA. However, University of the Rockies observes the following legal exceptions:
      • Complainants and Accused in sexual misconduct and sexual harassment incidents have a right to be informed of the outcome and sanctions of the hearing, in writing, without condition or limitation, and to be kept apprised of the status of investigations;
      • The University may release the final results of a disciplinary proceeding in which a student who is an alleged perpetrator of a “crime of violence”* or non-forcible sex offense, is found in violation of the University’s Student Community Standards. The University may not disclose the name of any other student, including the victim or witness, without the prior written consent of the other student. The University will also release this information to the Complainant in any of these offenses regardless of the outcome.
      • In the event that the alleged victim is deceased as a result of the crime or offense, the notification will be made to next of kin (upon written request).

*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.

 


Changes to Records

If the University becomes aware that a student’s name recorded in the University system does not match the student’s official name as reflected by the United States Social Security Administration, the Registrar’s Office will change the name in all systems to reflect the student’s legal name. The student’s legal name must be reflected in all systems of record, including the online classroom. Nicknames may not be used.

 

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 through their Student Portal or email the Registrar’s Office from the student’s current email of record.

 


Electronic Communication

Email is considered an official form of University-related communication. It is recommended that students check their email daily in order to stay current with University-related communications. Students have the responsibility to recognize that certain communications may be time-critical. Failure to check for messages and failure to receive messages due to full mailboxes, spam filtering, or auto-forwarded email are not acceptable excuses for missing official University communications. Students must additionally maintain and provide the University with an email address for correspondence with University administration and faculty.

 

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:

 

  • in the course of an investigation triggered by indications of misconduct or misuse;
  • as needed to protect the health and safety of students and staff;
  • as needed to prevent interference with the academic mission; or
  • as needed for technical troubleshooting or spam/content filtering.

 

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.

 


Student Evaluation of Faculty and Course

Currently enrolled students evaluate their instructors anonymously in each course at the end of each term. This process is used both by the University and the instructor to obtain valuable information about the course content and instructional methods.

 


Recording of Courses, Lectures, Supervision, or Presentations

Students must obtain permission to audio or video record any lecture, supervision session, or presentation offered by or through University of the Rockies. The instructor or other presenter must grant permission for the recording and the instructor/presenter should obtain verbal permission from others in the class or audience. Lecture or presentation materials remain the intellectual property of the instructor/presenter and should not be used without written permission. Clandestine recording of any type, in any University of the Rockies setting, is grounds for disciplinary action.

 

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.

 


All Students Agree to Subscribe to the Following

  • American Psychological Association’s current Ethical Principles and Code of Conduct;
  • Latest version of the Catalog; and
  • Latest version of all other University of the Rockies handbooks.

 

Students agree to stay informed and abide by University of the Rockies policies as they progress through the program.

 


Gender or Sexual Discrimination, Misconduct, Harassment or Violence - Title IX

These policies and procedures address gender or sexual misconduct, harassment and violence. For other gender or sex based acts of discrimination and non-gender or sex based discrimination, refer to the Grievance Procedure for Student Complaints section of this Catalog. For non-gender or sex based acts of misconduct or violence refer to Student Community Standards Disciplinary Process.

Purpose

University of the Rockies is committed to maintaining an academic climate in which members of the University community have access to an opportunity to benefit fully from the University’s programs and activities. When students experience acts of sexual misconduct, including sexual assault and/or relationship violence, their sense of safety and trust is violated. This can significantly interfere with their lives, including their educational goals. This policy has been developed to proactively create a campus environment in which incidents of sexual misconduct can be promptly and effectively responded to without further victimization and with possible remediation of its effects.

 


Sexual Misconduct

SEXUAL MISCONDUCT OFFENSES INCLUDE, BUT ARE NOT LIMITED TO:

  • Sexual Harassment;
  • Non-Consensual Sexual Intercourse (or attempts to commit same);
  • Non-Consensual Sexual Contact (or attempts to commit same);
  • Sexual Exploitation; and
  • Intimate Partner Violence.

 


Sexual Harassment

Gender-based verbal or physical conduct that has the purpose or effect of unreasonably interfering with an individual’s work or academic performance or creates an intimidating, hostile, or offensive working or educational environment. Sexual harassment includes unwelcome conduct of a sexual nature, such as unwelcome sexual advances, requests for sexual favors, and other verbal, nonverbal, or physical conduct of a sexual nature. Sexual violence is a form of sexual harassment prohibited by Title IX.

 

Three Types of Sexual Harassment

  1. Hostile Environment includes any situation in which there is harassing conduct that is sufficiently severe, pervasive/persistent, and patently offensive so that it alters the conditions of education or employment, from both a subjective (the alleged victim’s) and an objective (reasonable person’s) viewpoint. 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;
    • the nature and severity of the conduct;
    • whether the conduct was physically threatening;
    • whether the conduct was humiliating;
    • the effect of the conduct on the alleged victim’s mental or emotional state;
    • whether the conduct was directed at more than one person;
    • whether the conduct arose in the context of other discriminatory conduct;
    • whether the conduct unreasonably interfered with the alleged victim’s educational or work performance;
    • whether the statement is a mere utterance of an epithet which engenders offense in an employee or student, or offends by mere discourtesy or rudeness; and
    • whether the speech or conduct deserves the protections of academic freedom.

Hostile Environment sexual harassment may occur in student-to-student, faculty/staff to student or student to faculty/staff relationships.

 

2.    Quid pro quo sexual harassment exists when there are:

    • unwelcome sexual advances, requests for sexual favors, or other verbal or physical conduct of a sexual nature; and
    • submission to or rejection of such conduct results in adverse educational or employment action.

Quid Pro Quo harassment may occur in student/student, faculty/staff to student or student to faculty/staff relationships.

 

3.   Retaliation. The University will sanction a faculty, student, or staff member who harasses or intimidates a person because of the person’s participation in an investigation of discrimination or sexual misconduct. Harassment or intimidation includes, but is not limited to, threats or actual violence against the person or their property, adverse educational or employment consequences, ridicule, taunting, bullying, or ostracism.

 

Retaliation sexual harassment may occur in student-to-student, faculty/staff to student or student to faculty/staff relationships.

 

Title IX also prohibits gender-based harassment, which may include acts of verbal, nonverbal, or physical aggression, intimidation, or hostility based on sex or sex-stereotyping, even if those acts do not involve conduct of a sexual nature.

 

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.

 


Non-Consensual Sexual Intercourse

Any sexual intercourse (anal, oral, or vaginal), however slight, with any object, by a man or woman upon a man or a woman, without effective consent.

 


Non-Consensual Sexual Contact

Any intentional sexual touching, however slight, with any object, by a man or a woman upon a man or a woman, without effective consent.

 


Sexual Exploitation

Occurs when a student takes non-consensual or abusive sexual advantage of another for his or her own advantage or benefit, or to benefit or advantage anyone other than the one being exploited, and that behavior does not otherwise constitute one of other sexual misconduct offenses. Examples of sexual exploitation include, but are not limited to:

 

  • prostituting another student;
  • non-consensual video or audio-taping of sexual activity;
  • going beyond the boundaries of consent (such as letting your friends hide in the closet to watch you having consensual sex);
  • engaging in voyeurism; and
  • knowingly transmitting an STI or HIV to another student.

 

The requirements of this policy are blind to the sexual orientation or gender identity of individuals engaging in sexual activity.

 


Intimate Partner Violence

Intimate partner violence (IPV), also referred to as domestic violence, is violence committed by a current or former partner or spouse. It can occur among heterosexual or same-sex couples and does not require sexual intimacy between the current or former partners/spouses. The violence can be physical, sexual, and/or psychological in nature and includes threats of physical or sexual violence. The conduct can vary in frequency and severity.

  

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 University of the Rockies’ Access and Wellness Specialist, or off-campus rape crisis resources.

 

Quasi-Confidential Reporting

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.

 


Filing a Complaint

Abusive sexual conduct by anyone is a threat to the entire University community. All students who believe another individual has personally violated them in a sexual manner should immediately report the incident to the Director of Student Affairs, Student Affairs Specialist, Security Authorities and/or to local police. Students are strongly encouraged to report all incidents that threaten the student’s continued well-being, safety, or security. University personnel will assist the student in notifying authorities, if requested or if required by law. All student allegations of a violation of the Sexual Misconduct policy shall be referred to the Title IX Coordinator of University of the Rockies, Dr. Deborah Pardee, Core Faculty, School Of Professional Psychology. Dr. Pardee can be contacted at:

 

(866) 621-0124 ext. 2134; deborah.pardee@rockies.edu
555 E. Pikes Peak Ave., Ste. 108
Colorado Springs, CO 80903

 

In addition, students, faculty, and staff at the campus in Colorado Springs may refer complaints directly to the Student Affairs Specialist; Denver Instructional Site and online students, faculty, and staff may refer complaints directly to the Director of Student Affairs, who will ensure the complaint is received by the Title IX Coordinator.

 

RECEIPT OF COMPLAINT

 

Upon receiving notice of a possible violation of the Sexual Misconduct policy, University of the Rockies will take immediate and appropriate steps to:

 

• investigate what occurred,
• take prompt and effective action to end the harassment,
• remedy the effects, and
• prevent it from reoccurring.

 


Referral to Office of Student Grievance Resolution

Upon receipt of a complaint, the Title IX Coordinator will refer the complaint to the Office of Student Grievance Resolution (OSGR) for investigation.

 

• The investigation should be completed and findings issued within sixty (60) calendar days from the receipt of the complaint, barring documented unforeseen circumstances.

 

• In Colorado Springs Campus and Denver Instructional Site based complaints, the Title IX Coordinator and Director of Student Affairs will coordinate with the Student Affairs Specialist, VP/Campus Director and, if necessary, Human Resources staff, to determine the need for initial, short term remedial actions.

 

• For online cases any initial, short term remedial actions deemed necessary shall be carried out by the Director of Student Affairs.

 


Office of Student Grievance Resolution Initial Investigation into Complaint

• Upon receipt of a complaint from the Title IX Coordinator, the Office of Student Grievance Resolution (OSGR) will investigate the complaint.

 

• OSGR and, if necessary, Human Resources’ staff, will determine the identity and contact information of the Complainant, whether that will be the initiator, the alleged victim, or a University proxy or representative.

 

• OSGR and, if necessary, Human Resources’ staff, will collaborate with the Complainant to identify the correct policies allegedly violated.

 

• OSGR and, if necessary, Human Resources’ staff, will conduct an immediate initial investigation to determine if there is reasonable cause to charge the accused individual, and what policy violations should be alleged as part of the complaint. If reasonable cause exists, OSGR will prepare a Notice of Charges on the basis of the initial investigation and submit to the Title IX Coordinator for further action.

 

• Once the Title IX Coordinator receives a copy of the report of initial findings, the Title IX Coordinator and the Director of Student Affairs and, if necessary, Human Resources’ staff, will review the findings and make a determination as to whether reasonable cause exists to bring charges against the accused individual. If reasonable cause exists, the matter shall proceed to a formal investigation.

 

• Where the Title IX Coordinator and Director of Student Affairs and, if necessary, Human Resources’ staff, affirm an investigator finding that there is insufficient evidence to support reasonable cause the complaint will be closed and the Title IX Coordinator will concurrently inform the Complainant and the Accused that the investigation is discontinued and will reverse any interim, short term actions taken.

 

• The Complainant has the right to meet with Title IX Coordinator to receive information as to why the investigation was terminated.

 


Notice of Charges and Continued Investigation of Complaint

  • If the Title IX Coordinator and Director of Student Affairs determine there is sufficient evidence to support reasonable cause and approve the charges, the investigator and Title IX Coordinator collaborate with the Director of Student Affairs or Student Affairs Specialist and, if necessary, Human Resources’ staff, to determine the need for additional, short term remedial actions for any parties involved in the complaint. Any initial, short term remedial actions deemed necessary shall be carried out at the Colorado Springs Campus by the Student Affairs Specialist and, if necessary, Human Resources staff; at the Denver Instructional Site and for online cases this will be carried out by the Director of Student Affairs. Any additional, short term remedial actions deemed necessary prior to the continuation of the investigation shall be carried out by the Director of Student Affairs, or designee, and if necessary, Human Resources.

 

  • The Director of Student Affairs will first communicate to the Complainant the continuation of the investigation and intent to present the Accused with a Notice of Charges. The Director of Student Affairs will simultaneously present the Accused with the official Notice of Charges.

 

  • The investigator will continue the investigation and conduct a thorough, reliable, and impartial investigation by developing a strategic investigation plan, including as much as reasonably possible, giving each party an equal opportunity to present witnesses and other evidence.

 

  • The investigator will complete the investigation without unreasonable deviation from the intended timeline.

 

  • Any requests for updates on the status of the investigation prior to its completion should be directed to the Title IX Coordinator or Human Resources’ staff.

 

  • Upon completion of the investigation, the investigator will present all findings to the University Title IX Coordinator and Director of Student Affairs.

 

  • The Director of Student Affairs will make a finding, based on a preponderance of the evidence (whether a policy violation is more likely than not).

 

  • Once the investigation findings by the Office of Student Grievance Resolution are approved by the University Title IX Coordinator, the Title IX Coordinator will communicate the results to the Director of Student Affairs or Student Affairs Specialist.

 

 

INVESTIGATION FINDINGS: COMMUNICATION

  • The Director of Student Affairs or, if necessary, Human Resources’ staff, will simultaneously communicate the findings to the Accused and the Complainant.

 

  • Where the preponderance of the evidence does not support a finding against the Accused for the alleged violation(s), the investigation will be closed. The Director of Student Affairs or, if necessary, Human Resources’ staff, will simultaneously communicate the findings to the Accused and the Complainant.

 

  • Additionally, where the Accused is found not responsible for a violation, the Director of Student Affairs will consult with the Title IX Coordinator and Human Resources (when necessary) to consider the reversal of any remedial actions taken.

 

  • Where the Accused is found responsible for a violation, the Accused or the Complainant may accept the findings in part and reject them in part, or may reject all findings;

 

  • Where the Accused or Complainant rejects the findings, in part or in whole, the Accused and/or the Complainant have three (3) business days, barring documented unforeseen circumstances, to file a written notice of intent to appeal with the Director of Student Affairs of their intent to appeal the findings of the investigation.

 

 

INVESTIGATION FINDINGS: ACCEPTANCE

  • If the Complainant and the Accused individual(s) accept the findings, in whole, that the Accused violated University policy, the Director of Student Affairs or Student Affairs Specialist shall convene a Student Community Standards Committee Formal Hearing to determine appropriate sanctions.

 

  • If the Complainant and/or Accused individual(s) accept the findings in whole, each shall notify the Title IX coordinator within three (3) business days of communication of findings. If the Complainant and/or Accused individual do not indicate his/her acceptance or Appeal of the findings within three (3) business days of communication, non-communication will be considered acceptance and the University will proceed accordingly with the process four (4) days following communication of the investigation findings.

 

  • The Student Community Standards Committee will review all case information and determine appropriate sanctions within eight (8) business days following notification of all findings to the Complainant and accused individual, barring documented unforeseen circumstances. If the Accused is an employee, HR in coordination with the Title IX coordinator will determine appropriate sanctions.

 

  • Once the sanction(s) is determined the Student Community Standards Committee will inform the Director of Student Affairs, Title IX Coordinator Office of Student Grievance Resolution and HR (if necessary) of the sanction determination. The Title IX Coordinator, or Human Resources (if necessary) shall, within two (2) business days of the notification of sanctions, barring documented unforeseen circumstances, simultaneously inform the Complainant and the Accused of the sanction decision, in writing.

 

  • Sanctions against student(s) determined by this process are subject to the Sanction Appeal Process by either the Accused or Complainant.

 

 

REJECTION OF THE INVESTIGATION FINDINGS

  • In the event that the Complainant and/or Accused individual(s) reject the findings in part or in totality, the Director of Student Affairs or Student Affairs Specialist will advise the rejecting party of the rejection criteria. Either the Complainant or the Accused may appeal the finding in totality or in part on the following bases:

 

          • The Accused and/or Complainant wants consideration of new evidence, which was unavailable during the original investigation, that could be outcome determinative;
          • The Accused and/or Complainant alleges that a material deviation from written procedures impacted the fairness of the process in a way that could be outcome determinative;
          • The Accused and/or Complainant challenges the assertion that the evidence presented during the investigation process was sufficient to find them responsible by a preponderance of the evidence; or,
          • The Accused and/or Complainant alleges bias by the investigator, Title IX coordinator Director of Student Affairs or Student Affairs Specialist which deprived the process of impartiality in a way that was outcome determinative.

 

  • The Accused and/or Complainant has five (5) business days, barring documented unforeseen circumstances from the date of submission of the notification of intent to appeal, to present the formal appeal, in writing, to the Title IX Coordinator. The written appeal must state the basis for appeal and be accompanied by any relevant new information or evidence that was not available during the investigation phase of the process.

 

 

INVESTIGATION FINDING: APPEAL PROCESS

  • Upon receipt of either parties appeal of the findings, the Title IX Coordinator will acknowledge receipt of the notice within three (3) business days.

 

  • The written appeal must state the basis for appeal and provide sufficient information that supports the grounds for appeal. The appeal must be accompanied by any relevant new information or evidence that was not available during the investigation phase of the process.

 

  • The Title IX Coordinator and Director of Student Affairs will review all cases presented for appeal and determine the necessary course of action within five (5) business days of submission, barring documented unforeseen circumstances.

 

  • If the appeal does not state a ground for appeal or include new information or evidence to evaluate, the appeal will be rejected. The Title IX Coordinator will inform the Director of Student Affairs of the decision.

 

  • The Director of Student Affairs or Student Affairs Specialist, shall, within two (2) business days of the determination, barring documented unforeseen circumstances, concurrently inform the Complainant and the Accused the appeal decision.

 

  • The Director of Student Affairs will then convene a Student Community Standards Formal Hearing to determine sanctions, within seven (7) business days, barring documented unforeseen circumstances.

 

  • If allegations of bias are made against the Title IX Coordinator, Director of Student Affairs or Student Affairs Specialist, the Vice Provost will determine the necessary course of action.

 

  • If the Title IX Coordinator and Director of Student Affairs determine there is sufficient evidence to support an appeal on the basis of the above factors, the matter will be returned to the Office of Student Grievance Resolution for further investigation. However, if the appeal is based upon bias by the investigator, a new investigator will be assigned to the investigation resulting from the appeal.

 

  •  The appeal investigation will be completed within fourteen (14) calendar days, barring documented unforeseen circumstances that may extend the investigation.

 

  • Upon completion of the appeal re-investigation, the investigator will present all findings to the Title IX Coordinator and Director of Student Affairs.

 

  • Once the investigation findings by the Office of Student Grievance Resolution are submitted to the Title IX Coordinator, the Title IX Coordinator will make an appeal determination. The Title IX Coordinator will report the outcome to the Director of Student Affairs or Student Affairs Specialist who will in turn communicate the appeal findings to the Complainant and then the Accused.

 

  • Where the Accused individual is found not responsible for the alleged violation(s) upon appeal, the investigation will be closed. The Director of Student Affairs or Student Affairs Specialist will communicate this information to both the Complainant and Accused.

 

  • Additionally, the Director of Student Affairs will consult with the Title IX Coordinator and Human Resources (when necessary) to consider the reversal of any remedial actions taken.

 

  • Where the Accused individual is found responsible for the alleged violation(s) upon appeal, the Director of Student Affairs or Student Affairs Specialist will convene a Student Community Standards Committee Formal Hearing to determine Sanctions.

 

 


Additional Information for Sexual Misconduct Investigations

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. 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.

 

Group Actions

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, or individually, at the discretion of the University.

 

Amnesty Policy

University of the Rockies encourages the reporting of crimes by victims and/or witnesses. Sometimes, victims and/or witnesses are hesitant to report to University officials because they fear that by reporting an incident he/she may be accused of policy violations, such as underage drinking at the time of the incident. It is in the best interests of this community that as many victims and/or witnesses as possible choose to report to University officials. To encourage reporting, University of the Rockies pursues a policy of offering victims and/or witnesses of crimes immunity from policy violations related to the incident, as long as those policy violations are not directly related to the crime itself. For example, if a student reported a rape in which he or she was involved as a perpetrator, he or she would not be immune from policy violations.

 

Notice of When Complaint Delivered to Accused Student

Complainants are notified in advance regarding when notice of the complaint is delivered to the accused student, so as to protect Complainants from potential retaliation.

 

No-Contact Order

Students are entitled to seek a no-contact order that imposes reasonable restrictions on student contact during and after ground conduct proceedings.

 

Right to an Immediate Process

University of the Rockies takes immediate and appropriate action to investigate sexual misconduct complaints.

 

List of Witnesses and Copies of Documentary Evidence

University procedures may 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.

 

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. Telephony, screens, and closed-circuit broadcasts may be permitted, but not to the disadvantage of the accused student.

 

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 Accused 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 Director of Student Affairs or Student Affairs Specialist if any of the parties to the complaint requests an appeal.

 

 


Sanction Statement

Any student found responsible for violating the policy on Sexual Misconduct may receive a sanction ranging from warning to expulsion, depending on the severity of the incident, and taking into account any previous violations in Student Community Standards. If the accused individual is an employee, sanctions will be determined by Human Resources in 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:

      • Ensure that the sexual misconduct is brought to an end;
      • Make reasonable efforts to prevent the reoccurrence of the sexual misconduct in the future;
      • Restore the victim, as much as possible, to his or her pre-deprivation status and undo the effects of sexual misconduct upon him or her. Changes to academic may be made.

 


Student Community Standards Committee Formal Hearing for Sanctioning

  • The Director of Student Affairs or Student Affairs Specialist may delegate decision making authority to a committee consisting of representatives from the following: Full-time faculty, Financial Services, Student Services, the Registrar’s Office, and senior academic administration.
  • At the hearing, the findings of the investigation will be admitted. The investigator(s) should be available to discuss the investigation and to provide clarification as needed to the hearing panel. The hearing will determine appropriate sanctions for the violation(s). The goal of the hearing is to provide an equitable resolution via an equitable process. Specific information regarding hearing procedures is detailed in the Additional Information for Sexual Misconduct Investigations section of this Catalog.
  • The Student Community Standards Committee will recommend an appropriate sanction for the violation(s) and present it to the Title IX Coordinator.
  • The Title IX Coordinator has final decision making authority in this procedure, based on the recommended findings of investigators, advisors, committees, as well as University policies and procedures.
  • The Title IX Coordinator will communicate the sanctions to the Director of Student Affairs or Student Affairs Specialist, who will communicate the sanctions to the accused  individual(s) and the Complainant within seven (7) business days, barring documented unforeseen circumstances.

 


Sanction: Appeal Process (Students Only)

  • Where either party, the Accused or the Complainant, disagrees with the sanction(s), either has five (5) business days, barring documented unforeseen circumstances from the sanction determination to present an appeal of the sanctions, in writing, to the Title IX Coordinator. The written request for appeal of the sanctions must state one or more of the four (4) basis for appeal, and be accompanied by any relevant, new information or evidence that was not available during the investigation phase of the process. The Title IX Coordinator and Director of Student Affairs will determine if there is sufficient evidence to support an appeal of sanctions on the basis of:
    • The availability of new information, unavailable during the original investigation, that could be outcome determinative regarding sanctions;
    • a potential material deviation from written procedures which impacted the fairness of the process in a way that was outcome determinative;
    • the evidence presented during the investigation process may have been insufficient to find the individual responsible by a preponderance of the evidence; or,
    • the potential of bias by a panel member(s) which may have deprived the process of impartiality in a way that was outcome determinative.
    • a belief that a sanction(s) is substantially disproportionate to the severity of the offense.
  • The sanction(s) will be reviewed by the Title IX Coordinator and Vice Provost and any and all determinations will be made within five (5) business days of the appeal notice, barring documented unforeseen circumstances. Upon completion of the sanction re-evaluation, the Title IX Coordinator will inform the Director of Student Affairs of the decision regarding the sanctions.
  • If the appeal of the sanctions does not state a ground for appeal or include new information or evidence to evaluate, the appeal will be rejected. The Title IX Coordinator will inform the Office of Student Grievance Resolution, and if necessary Human Resources, of the decision.
  • If the sanctions appeal is granted, the Title IX Coordinator and the Director of Student Affairs will review all information presented with the appeal and make a final sanction determination.
  • The Title IX Coordinator will inform the Office of Student Grievance Resolution of the final sanction decision.
  • The Director of Student Affairs or Student Affairs Specialist will inform the Complainant and the Accused of the appeal decision within seven (7) business days barring documented unforeseen circumstances.
  • The Director of Student Affairs or Student Affairs Specialist will impose all sanctions for the violation. Once the sanctions are carried out, the Director of Student Affairs will inform the Title IX Coordinator and Office of Student Grievance Resolution, thereby closing the case.

 


Special Procedural Provisions for Sexual Misconduct Sanction Hearings

Right to a Closed Hearing

In sensitive issues, 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.

 

Advisor/Advocate

The Accused and Complainant to sexual misconduct complaints have the right to have an advisor/advocate be present during the sanctioning hearing. All parties to sexual misconduct complaints have the right to the same opportunities to have others present during the sanction hearing, including the opportunity to be accompanied to any related meeting or proceeding by an advisor of their choice.

 

Right to be Present for Entire Proceeding

Each party has the right to be present during the sanctioning hearing.

 


Grievance Procedure for Student Complaints*

The University of the Rockies community benefits from informal processes and formal procedures that encourage prompt resolution of complaints and concerns that students may have about the implementation of policies and procedures that govern the institution.

 

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 dispute.resolution@rockies.edu 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 dispute.resolution@rockies.edu.

 

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:

 

  • Efforts at informal dispute resolution have occurred;
  • The form is complete;
  • The allegations stated are considered a grievance under the Catalog.

 

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:

 

  1. To consider new evidence, unavailable during the original investigation, that could be outcome determinative;
  2. To assess whether a material deviation from written procedures impacted the fairness of the process in a way that could be outcome determinative;
  3. To challenge if the findings of the investigation do not accord with the preponderance of the evidence; or
  4. To assess whether bias of the investigator deprived the process of impartiality in a way that could be outcome determinative.

 

Phase One: Review and Evaluation

Within five (5) business days, the University will review the Presidential Appeal form to ensure that:

  • It states one or more of the four (4) grounds for appeal;
  • It is accompanied by any relevant newly available information or evidence that was not available during the investigation phase of the formal grievance process;

 

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.

 


Tuition Credit Request Policy and Procedure

A tuition credit may be approved and applied for the following documented reasons that directly impacted a student’s ability to continue in their course or program during the timeframe in which the course occurred:

 

  • Documented military duty that resulted in an inability to continue in the course or program^;
  • Documented personal or immediate family* medical emergency;
  • Documented act of nature;
  • Documented death in the immediate family*; or
  • Documented temporary severe economic hardship.

 

*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 student.records@rockies.edu for specific consideration.

 

This is accomplished by requesting a Tuition Credit Request form from the student’s assigned Advisor.

 


Grade Appeals

Basis for a Grade Appeal

Grades may be appealed based on the student’s perception that any of the following conditions exist:

 

  • An error was made in the calculation of the course grade; or
  • The instructor was incorrect with respect to an objective fact within the discipline and this error affected the student’s final grade.

 

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:

 

  • Documented military duty that resulted in an inability to continue in the course or program^;
  • Documented personal or immediate family* medical emergency;
  • Documented act of nature;
  • Documented death in the immediate family*; or
  • Documented temporary severe economic hardship.

 

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 gradeappeals@rockies.edu 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:

 

  • The student should first discuss his or her concerns with the instructor who issued the grade.
  • If the student is not satisfied with the grade issued in the class, he or she should appeal to the instructor in writing for reconsideration of the grade.
  • If the student is not satisfied with the outcome of appeal to the instructor of the course, students may appeal to the Office of Academic Resolutions at gradeappeals@rockies.edu. Appeals will not be accepted without documentation that the student has made a written appeal to the instructor.
  • The Academic Resolutions Administrator, working with the Dean of the School in which the student is enrolled, is the final decision maker on all grade appeals.

 


Student Community Standards

All students and alumni of the University are expected to conduct themselves in such a manner as to be a credit to themselves and to the University. As responsible individuals, they are expected to seek the resolution of all issues through the process of reason. Moreover, students and alumni have a responsibility to comply with all University policies and procedures. In a community of learning and living, individual or group conduct that is unlawful, disrupts or interferes with the educational process, causes destruction of property, or otherwise infringes upon the rights of other members of the University community or of the University itself cannot be tolerated.

 

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.

 


Student Responsibilities Conduct Expectations

University of the Rockies is committed to fostering an on-campus, on-site, and online environment that is conducive to academic inquiry, productive student life, and thoughtful study and discourse. A community exists on the basis of shared values and principles. At University of the Rockies, student members of the community are expected to uphold and abide by certain standards of conduct that form the basis of these Standards. These standards are embodied within a set of core values that include integrity, fairness, respect, community and responsibility. When members of the community fail to exemplify these values, campus/site conduct proceedings are used to assert and uphold the Standards.

 

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.

 


The Standards

Any student, prospective student, or alumnus found to have committed the following misconduct is subject to the sanctions outlined subsequently. Unacceptable conduct includes, but is not limited to, the following:

 

Integrity

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:

 

  • Knowingly furnishing false, falsified, or forged information to any member of the University community, such as falsification or misuse of documents, accounts, records, identification, or financial instruments;
  • Acts of academic dishonesty, as defined in this Catalog;
  • Unauthorized possession, duplication, or use of means of access (keys, cards, etc.) to any University building;
  • Action or inaction by someone in collusion with a wrongdoer which fails to discourage a known and obvious violation of University policy or law;
  • Violations of positions of trust or authority within the community; and
  • Tampering with the election of any University recognized student organization.

 

Community

University of the Rockies students honor and value their community. Behavior that violates this value includes, but is not limited to:

 

  • Misuse of access privileges to University premises or unauthorized entry to or use of buildings, including trespass;
  • Misuse or unauthorized use of University or organizational names and images;
  • Knowingly taking possession of stolen property;
  • Intentional and unauthorized taking of the property of the University or personal property of a member of the University community which is on the Colorado Springs Campus or at the Denver Instructional Site;
  • Intentional and unauthorized destruction or damage to University property or to the property of another;
  • Misuse of University computing facilities, as described in this Catalog;
  • Electronic Mail Abuse, as described in this Catalog: Sharing with others or taking from others, passwords to University issued email accounts, student portal, online learning platform, social networking sites, etc.;
  • Gambling;
  • Possession of firearms, fireworks, explosives, other weapons (including, but not limited to BB/pellet guns, slingshots, and sharp edged instruments, such as hatchets when used as weapons), or dangerous chemicals while on campus/site, unless properly authorized by the University President or VP/Campus Director;
    • Concealed Weapons: All students, visitors and employees, including contractors and third-party vendors, are prohibited from carrying firearms on University premises. Violations of this policy will be referred to security and the VP/Campus Director. Violations of this policy by students will be reported to the Office of Student Affairs; 
  • Violation of state, local, or on-campus/on-site fire policies, including:
    • Failure to evacuate a University-owned building during a fire alarm;
    • Improper use of University fire safety equipment; and
    • Tampering with or improperly engaging a fire alarm in a University building.

 

Fairness

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:

 

  • Disruption of University operations, including obstruction of teaching, research, administration, other University activities, or other authorized non-University activities which occur on campus/site or online;
  • Obstruction of freedom of movement by community members or visitors;
  • Abuse, interference, or failing to comply in University processes, including Student Community Standards hearings; and
  • Abuse of the University conduct system, including:
    • Failure to attend meetings scheduled for conduct code administration purposes;
    • Falsification, distortion, or misrepresentation of information;
    • Failure to provide, destroying, or hiding information during an investigation of an alleged policy violation;
    • Attempting to discourage an individual’s proper participation in, or use of, the University conduct system;
    • Harassment (verbal or physical) and/or intimidation of a member of a University conduct committee prior to, during, and/or after a University conduct proceeding;
    • Failure to comply with the sanction(s) imposed by the University conduct system; and
    • Influencing or attempting to influence another person to commit an abuse of the University conduct system.

 

Respect

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:

 

  • Threatening or causing physical harm, extreme verbal abuse, or other conduct which threatens or endangers the health or safety of any person;
  • Discrimination, intimidation, harassment (as defined in this Catalog);
  • Hazing (as defined in this Catalog);
  • Violence between those in an intimate relationship to each other;
  • Stalking, defined as repetitive, menacing pursuit; following; harassment and/or interference with the peace and/or safety of a member of the community; or of any of the immediate family of members of the community;
  • Sexual misconduct (as defined in this Catalog), including:
    • sexual harassment
    • non-consensual sexual contact
    • non-consensual sexual intercourse
    • sexual exploitation
  • Inappropriate conduct which is disorderly, disruptive, obscene or indecent in the online environment, on campus/site or at functions sponsored by, or participated in by, the University;
  • Failure to comply with directions of University officials or law enforcement officers during the performance of their duties and/or failure to identify oneself to these persons when requested to do so; and
  • Smoking in any University building, campus/site, or area designated as non-smoking.

 

Responsibility

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:

 

  • Use, possession, manufacture, or distribution of alcoholic beverages on campus/site;
  • Use, possession, or distribution of narcotics, or other controlled substances, as well as drug paraphernalia, except as expressly permitted by law;
  • Abuse or misuse of prescriptions or over-the-counter medications;
  • Assisting in the violation of University policies or public laws;
  • Violations of federal, state, or local laws which affect the interests of the University community, whether on or off-campus/on or off-site;
  • The knowing failure of any organized group to exercise preventive measures relative to violations of these Standards by members;
  • Violation of other published University policies or rules;
  • Intentionally or recklessly causing a fire which damages University or personal property, or which causes injury to any member of the community;
  • Littering and posting of notices in non-designated spaces or without approval; from the appropriate University personnel and unauthorized distribution or sale of goods on campus/site;
  • Violation of University traffic and parking regulations;
  • Leaving children or animals unattended on campus/site; and
  • Use of bicycles, skateboards, roller blades, and any other non-motorized vehicle or equipment (except wheelchairs) outside designated areas.

 

Online Communication

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.

 


Course Netiquette Rules

Instructors and Students in an Online Community Should Be:

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:

 

  • Activities that violate copyright or other intellectual property rights of others, including, but not limited to, the infringing use of peer-to-peer file sharing services;
  • Sending copies of documents in violation of copyright laws via electronic mail or any other electronic transmission;
  • Inclusion of the work of others into electronic mail communications or any other electronic transmission in violation of copyright laws;
  • Activities that obstruct usage or deny access to technology resources;
  • Activities that could be considered as harassing, libelous, or obscene;
  • Activities that violate University policies;
  • Activities that violate federal, state, or local laws;
  • Unauthorized use of computer accounts;
  • Impersonating other individuals;
  • Attempts to exploit or explore security provisions, either at the University or elsewhere;
  • Activities that invade the right to privacy of others;
  • Destruction or alteration of data belonging to others;
  • Creating, using, or distributing computer viruses;
  • Allowing other individuals to use your account or password, including for the purpose of meeting attendance requirements in an online class;
  • Disruption or unauthorized monitoring of electronic communications or of computer accounts; and
  • Inappropriate/widespread email distribution.

 

Gambling

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:

 

  • possessing on one’s person or premises any card, book, or other device for registering bets;
  • knowingly permitting the use of one’s premises or one’s telephone or other electronic communications device for illegal gambling;
  • knowingly receiving or delivering a letter, package or parcel related to illegal gambling;
  • offering, soliciting, or accepting a bribe to influence the outcome of an athletic event; and
  • involvement in bookmaking or wagering pools with respect to sporting events.

 

Hazing

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.

 

Identity

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.

 


Conspiracy to Commit Fraud against the University

University of the Rockies students are expected to exemplify honesty, integrity and a respect for truth in all of their dealings. Fraudulent behavior or attempts to commit fraudulent behavior will not be tolerated. Behavior that demonstrates fraudulent activity includes but is not limited to:

 

  • Knowingly furnishing false, falsified, or forged information to any member of the University Community, such as falsification or misuse of documents, accounts, records, identification or financial instruments;
  • Acts of academic dishonesty, as defined in this Catalog; and
  • Action or inaction by someone in collusion with a wrongdoer which fails to discourage a known and obvious violation of University policy or law.

 

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.

 


Jurisdiction over Student Conduct

Students at University of the Rockies are given a copy of the Student Community Standards at orientation (campus/site based) and annually thereafter and all students may access the Standards via the University of the Rockies webpage. Students are charged with the responsibility of having read, and agreeing to abide by, the provisions of the Standards and the authority of the student conduct process. The Student Community Standards and the student conduct process apply to the conduct of individual students and University-affiliated student organizations. Because the Standards are based on shared values, it sets a range of expectations for University of the Rockies students no matter where or when their conduct may take place. Therefore, the Standards will apply to behaviors that take place on campus/site, at University-sponsored events, University-related online networking sites, and in online courses, and may also apply off-campus/off-site when the administration determines that the off-campus/off-site conduct affects a substantial University interest. A substantial University interest is defined to include:

 

  • any action that constitutes a criminal offense as defined by federal, state, or local law;
  • any situation where it appears that the student may present a danger or threat to the health or safety of himself or herself or others;
  • any situation that significantly impinges upon the rights, property or achievements of self or others or significantly violates the peace and/or causes social disorder, and
  • any situation that is detrimental to the educational interests of the University.

 

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 studentaffairs@rockies.edu.

 


Violations of Law

Violations of federal, state, and local laws are incorporated as offenses under the Standards. When an offense occurs over which the University has jurisdiction, the University conduct process will usually go forward, notwithstanding any criminal charges that may arise from the same incident. Should a student withdraw from the University when criminal charges are made, it is the typical practice of the University to pursue investigation and resolution of campus/site conduct matters, regardless of the fact that the student has withdrawn.

 

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.

 


Special Provisions

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 Reports

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.

 

Group Violations

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, or individually, at the discretion of the University. 

 

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.

 

 

Good Samaritan

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:

 

  • Complainants and accused in sexual misconduct and sexual harassment incidents have a right to be informed of the outcome and sanctions of the hearing, in writing, without condition or limitation, and to be kept apprised of the status of investigations;
    • Whether in writing or informed orally, the complainant and the accuser have the right to know the outcome and sanctions of the hearing.
  • The University may release the final results of a disciplinary proceeding in which a student who is an alleged perpetrator of a “crime of violence” or non-forcible sex offense, is found in violation of the University’s Student Community Standards. 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. The University may not disclose the name of any other student, including the victim or witness, without the prior written consent of the other student. The University will also release this information to the complainant in any of these offenses regardless of the outcome.
  • In the event that the alleged victim is deceased as a result of the crime or offense, the notification will be made to next of kin (upon written request).
    • Remedy of the effect of sexual offense may include changes to the academic situation of the complainant. The University does not maintain residential facilities for students.

 

 

Defenses

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.

 

 


Social Media Policy

There is no such thing as a private social media site. Students must be aware that blogs, web pages, social media websites, and similar online communications are in the public sphere. It is important to remember that the use of social media at or concerning University of the Rockies is governed by applicable laws and regulations, subject to other University policies and Student Community Standards that apply to all other activities at or concerning University of the Rockies.

Guidelines for University of the Rockies’ students include, without limitation:

 

  • Protect confidential and proprietary information, and do not disclose any non-public and/or official information about the University, its students, faculty, staff, or alumni. 
  • Respect copyright and intellectual property rights of others and of the University, and do not post copyrighted content (such as text, photographs, audio or video files) without permission from the copyright holder.
  • Do not create or post personal social media content that implies such posting or content is on behalf of, or is endorsed by, the University; if a university affiliation is identified in such content and this could appear as institutionally endorsed by the University, students should include the following disclaimer: “These are my personal opinions and do not reflect the views of University of the Rockies.”
  • Do not use the University name, marks, symbols, logos, or trademarks to promote a product, service, cause, political party, or candidate on a personal social media account or platform.

 

The University is not responsible for monitoring or pre-screening content posted on its social media sites. Nonetheless, the University reserves the right to monitor and remove, without notice, any content that the University determines to be harmful, harassing, offensive, commercial in nature, or otherwise illegal or inappropriate in violation of law or this policy. Further, the University reserves the right, under circumstances it deems appropriate and subject to applicable laws or this policy, to take action, up to and including expulsion from the University, if and when such information is brought to the attention of University officials.

 

Faculty, students, and staff may contact the office Institutional Effectiveness and Planning at strategy@rockies.edu to report any potential violations of this policy.

 

 


Duty to Report a Crime

Colorado is a “Duty to Report” State, meaning Colorado residents are required to report crimes committed by others if they have knowledge of them. Colorado Revised Statutes (CRS) 18-8-115, “Duty to Report a Crime” states, “It is the duty of every corporation or person who has reasonable grounds to believe that a crime has been committed to report promptly the suspected crime to law enforcement authorities.”

 

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.

 


Academic Integrity Policy

This Academic Integrity policy covers current students and conduct in which alumni engaged while enrolled. The University may address allegations of academic misconduct after a student has graduated and will process allegations concerning alumni in the same manner it addresses allegations concerning current students. All sanctions that could be applied to a current student could be applied to an alumnus, and the University reserves the right to rescind a previously conferred degree where the Student Community Standards Committee deems this an appropriate sanction. All references to “student” in the Academic Integrity Policy section of this Catalog refer to current students, students no longer in attendance, and alumni.

 

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.

 


Academic Integrity Violations

Academic dishonesty can take a number of forms. It includes, but is not limited to, cheating on a test or examination, claiming the work of another as one’s own, plagiarizing any paper, research project, or assignment, or falsely submitting material to fulfill course requirements.

 

Cheating

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

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.

 

Plagiarism

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.

 


Consequences for Academic Dishonesty

A student or alumnus who commits an act of academic dishonesty may face disciplinary action, including but not limited to: failure to receive credit on an academic assignment, course failure, rewrite of an assignment, and/or dismissal from the University. Alumni who commit Academic Integrity violations will be referred to the Student Affairs department to review for the possibility of sanctioning up to and including loss of privileges afforded alumni. The student or alumnus/ae may be asked to meet for either an informal hearing or a formal hearing.

 

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.

 


Student Community Standards Disciplinary Process

Whenever a complaint is made against any student or alumnus for misconduct, the Director of Student Affairs or designee will conduct an investigation of the allegations as soon as possible. (Generally, for offenses against the academic community the President will designate the Vice Provost or designee). The Director of Student Affairs may make any necessary modification to these procedures that does not materially jeopardize the fairness owed to any party.

 

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.

 

  • Informal hearings will be heard by the Director of Student Affairs or designee.
  • Written notice of the time, date and location of the hearing will be sent to the accused student or alumnus at least seven business days prior to the hearing date. The accused student or alumnus may additionally be notified in person, by telephone, or by email. Students or alumni may waive the seven day notice requirement if they prefer an expedited hearing.
  • If a student or alumnus fails to respond to the notice from the Director of Student Affairs or designee within seven days, the hearing will proceed as scheduled, and the Director of Student Affairs or designee will make a determination on the basis of the evidence available at the hearing. If appropriate, sanctions will be implemented. A student or alumnus may not avoid the impositions of sanctions by withdrawing with conduct charges pending. The hearing will still proceed, and any finding of violation will result in a “WU” grade and other appropriate transcript notations.
  • At least forty-eight hours before any scheduled hearing, the following will occur:
    • The accused student or alumnus will deliver to the Director of Student Affairs or designee a written response to the complaint;
    • The accused student or alumnus will deliver to Director of Student Affairs or designee a written list of all witnesses the accused student wants the University to call on his or her behalf at the hearing, giving the full contact information of any such witness, if known.
  • At the hearing, witnesses and admissibility of information will be determined at the discretion of the Director of Student Affairs or designee. The hearing will consist mainly of informal questioning and discussion of the alleged incident.
  • After the hearing, the Director of Student Affairs or designee will deliberate and determine whether it is more likely than not that the student or alumnus has violated the Student Community Standards. Once a finding is determined, if that finding is that of a policy violation, the Director of Student Affairs or designee will determine an appropriate sanction. The Director of Student Affairs or designee will prepare a written finding, which will be shared with the accused student or alumnus no later than two (2) business days following the 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.

 

Notice

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.

 

Joint Hearing

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.

 

Composition

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.

 

Committee Procedures

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 accused student or alumnus will deliver to the Director of Student Affairs or designee a written response to the complaint.
  • The accused student or alumnus will deliver to the Director of Student Affairs or designee a written list of all witnesses the accused student or alumnus wants the University to call on his or her behalf at the hearing, giving the full contact information of any such witness, if known.
  • The accused student or alumnus will deliver to the Director of Student Affairs or designee a written list of all items of physical information the accused student or alumnus intends to use or needs to have present at the hearing, and will indicate who has possession or custody of such information, if known.
  • If there is an alleged victim of the conduct in question, the alleged victim may serve as the complainant, or may elect to have the administration serve as complainant. Where there is no victim, the administration will serve as complainant.
  • The complainant will deliver to the Director of Student Affairs or designee a written list of all witnesses the complainant wants the University to call and a list of all physical information that will be used by the complainant at the hearing and will indicate who has possession or custody of such information, if known.
  • The parties will notify the Director of Student Affairs or designee, at least forty-eight hours prior to the hearing, of the names of any advisors who may be accompanying the parties at the hearing; advisors are to be selected from members of the University of the Rockies community unless special permission for an outside advisor is granted by the Director of Student Affairs or designee.
  • The Director of Student Affairs or designee will ensure that this information and any other available written documentation is shared between the complainant and accused student or alumnus at least twenty-four hours before any scheduled hearing. In addition, the parties will be given a list of the names of all the hearing officers for the complaint. Should either party object to any members of the board or panel, they must raise all objections in writing to the Director of Student Affairs or designee immediately. Hearing officers will only be unseated if the Director of Student Affairs or designee concludes that their bias precludes an impartial hearing of the complaint. Additionally, any Student Community Standards Committee member or hearing officer who feels he or she cannot make an objective determination must excuse himself or herself from the proceedings.

 

Admissible Information

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:

 

  1. The accused was previously found to be responsible;
  2. The previous incident was substantially similar to the present allegation;
  3. Information indicates a pattern of behavior and substantial conformity with that pattern by the accused student or alumnus.

 

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.

 

Post-Hearing Procedures

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.

 


Sanctions

The following sanctions may be imposed upon any student or alumnus found to have violated the Student Community Standards:

 

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.

 

  • Conduct Probation: A student whose behavior on or off campus/site is in violation of established University policies and/or rules. This sanction may be imposed for not less than one academic term nor more than three academic terms. The conduct body determines the beginning and ending dates. Students on conduct probation may incur additional sanctions for any subsequent violation of University policies and/or rules, whether or not this violation is related to the original violation for which conduct probation was imposed.
  • Probation Restrictions: Students on probation may be subject to the following restrictions:
    • They may not hold any office or leadership role in any student or University organization or activity.
    • They may not represent the University in any on- or off-campus/site event.
    • Other restrictions may be established for individual situations.

 

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:

 

  1. Restricted Access: Offender may be restricted from entering specified buildings or areas on campus/site, from attendance at specified campus/site events, or from use of specified equipment or facilities for definite periods of time.
  2. Fines: Fines may be imposed to restore damage to physical property. In addition, the conduct body may recommend that the University refuse: (1) to grant academic credits or degrees; or (2) to issue grades or transcripts to the student offender(s) or student member(s) of an offending organization, until such fine is paid. The method of payment will be specified by the conduct body imposing the fine.
  3. Restitution: Compensation for loss, damage or injury. This may take the form of appropriate service and/or monetary or material replacement. The conduct body may recommend that the University refuse: (1) to grant academic credits or degrees; or (2) to issue grades or transcripts to the student offender(s) or student member(s) of an offending organization, until restitution is complete.
  4. Educational Remediation Projects: Completion of an educational or remediation project such as, but not limited to, the following: attending a specific workshop or program, writing an article or research paper on a specified topic, making an oral presentation to a campus/site group, participating in specified counseling/evaluation, work assignments, and/or service to the University. The Director of Student Affairs or designee may develop additional remediation sanctions to meet individual student needs on a case by case basis.
  5. Alumni Services: An alumnus/ae who commits academic dishonesty may lose privileges afforded alumni.

 

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:

 

    • Those sanctions listed previously;
    • Deactivation: Loss of all privileges, including University recognition, for a specified period of time.

 

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:

 

    • A degree has been conferred in error;
    • All University-defined requirements were not satisfied at the time the degree was granted; or
    • A previously awarded passing grade is reversed, resulting in unmet degree requirements.

 


Student Community Standards Committee Hearing Appeal

There is no appeal from the results of an informal hearing.

 

To appeal from a Student Community Standards Committee Hearing:

 

  1. Accused students or complainants may petition within three (3) business days of receiving the written decision of the Student Community Standards Committee for the review of its decision or the sanction imposed. Such petitions will be in writing and will be delivered to the Vice Provost or VP/Campus Director.
  2. If the Vice Provost or VP/Campus Director determines that one of the five bases for appeal listed subsequently has been met, the Vice Provost or VP/Campus Director may either re-open the hearing to allow reconsideration of the original determination and/or sanction(s) or will refer the matter back to the Student Community Standards Committee for reconsideration. The Vice Provost or VP/Campus Director serves as the final level of review in the conduct matter.
  3. Except as required to explain the basis of new information, a review will be limited to review of the verbatim record of the initial hearing and supporting documents for one or more of the following purposes:
    • To consider new information, unavailable during the original hearing, that could be outcome determinative;
    • To assess whether a material deviation from written procedures impacted the fairness of the hearing;
    • To decide if a sanction(s) is grossly disproportionate to the severity of the offense;
    • To determine that the finding does not accord with the information;
    • To assess whether bias on the part of a conduct board member deprived the process of impartiality.

 

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.

 


Administrative Class Leave

Students placed on Administrative Class Leave are removed from all classes scheduled to begin in the future, pending verification of their identity. Students who are placed on Administrative Class Leave based on the need to verify identity will have up to 14 days from their last date of attendance to provide the requested documentation to the Registrar's Office. If the student fails to provide the documentation necessary to verify his or her identity, he or she will be administratively withdrawn from the University. Students who have been administratively withdrawn for failure to authenticate their identity who are seeking to re-enroll in the University will be required to provide the necessary verification of identity prior to reapplying and may be subject to student conduct sanctions dependent upon the circumstances surrounding their failure to authenticate identity in a timely manner. The University may also deny or rescind admission to any student the University determines to have engaged in identity related fraud or theft.

 


Emergency Administrative Leave

In situations requiring immediate action, and after consultation with concerned individuals (e.g., students, faculty, administrators, other staff members, internship, or student teaching supervisors, etc.), the Director of Student Affairs (online or Denver Instructional Site), the Student Affairs Specialist (Colorado Springs Campus) or designee may place the student on an Emergency Administrative Leave. Students placed on Emergency Administrative Leave are removed from all current and future courses.

 

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:

 

  • Ensure that the discriminatory conduct is brought to an end;
  • Make a reasonable effort to prevent the reoccurrence of the discriminatory conduct in the future;
  • Restore the victim, as much as possible, to his or her pre-deprivation status and undo the effects of gender-based discrimination upon him or her; and
  • 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.

 


Violation of Federal Copyright Laws

Any member of the University community who participates in the unauthorized distribution of copyrighted material, including peer-to-peer file sharing, may be subject to civil and criminal liabilities, in addition to sanctions imposed by the University. Penalties for violating federal copyright laws may include civil damages, costs and attorneys’ fees, injunctions, fines, and imprisonment. The following is a non-exhaustive list of specific penalties.

 

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.

 

For more information, please see the U.S. Copyright Office website at http://www.copyright.gov, especially their FAQ’s at http://www.copyright.gov/help/faq.

 

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.

 


Involuntary Leave

The University of the Rockies considers the safety and well-being of its students, faculty, and staff as a top priority. The Involuntary Leave policy is not intended to be a substitute for appropriate disciplinary action when discipline is warranted, but may be used in cases when regular disciplinary proceedings cannot or should not be used, and after attempts to encourage the student to initiate a voluntary leave have been exhausted. Involuntary Leave is available to protect the health and safety of the University community and is not a penalty. When a student engages in behavior that violates the Student Community Standards (Standards), the behavior will be addressed as a disciplinary matter under the applicable Standards.

 

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:

 

  • Represents a significant threat to the safety and health of members of the University community; or
  • Impedes the educational process or activities of the University and its personnel.

 

Procedure

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:

 

  • Impose an immediate Emergency Administrative Leave if there is compelling evidence that the student poses an immediate danger to the University community; or
  • Require the evaluation of the student by an appropriate professional chosen by the University. The cost of the evaluation shall be paid for by the University’s educational program. The evaluation shall be completed within 10 business days after the initial meeting with the Director or designee, unless an extension is granted.

 

Evaluation

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:

 

  • The severity of risk posed by the student to the health and safety 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.

 

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.

 


Student Body Diversity

University of the Rockies provides the following information regarding its student body.

Gender:
Male 27%
Female 73%

Source: IPEDS Fall Enrollment Survey 2012 – 2013.

 

Race/Ethnicity:

 Black or African American  33%
 American Indian or Alaska Native  3%
 Asian  2%
 Native Hawaiian or Other Pacific Islander  0%
 Hispanic/Latino  8%
 White  50%
 Two or more races  1%
 Nonresident alien  0%      
 Race/ethnicity unknown  4%

 
Source: IPEDS Fall Enrollment Survey 2012 – 2013.

 


Alumni Employment Information

Please refer to the University of the Rockies website for information regarding University of the Rockies Alumni employment statistics at http://www.rockies.edu/alumni_statistics. Alumni Statistics include types of employment obtained by University of the Rockies graduates and employment rates.
University of the Rockies Catalog - Student Rights and Responsibilities pageTitle:, pageUrl:, pageId:, pageDescription:, catalog:true,