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Who is or has been in a social relationship of a romantic or intimate nature with the victim; and. Where the existence of such a relationship shall be determined based on a consideration of the following factors:. The length of the relationship.

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The type of relationship. The frequency of interaction between the persons involved in the relationship. Sexual assault as defined in 20 U. Fear for his or her safety or the safety of others; or. Suffer substantial emotional distress.

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Student — A person who is enrolled in courses offered by the University either full-time, part-time, pursuing undergraduate, graduate, professional or continuing education. These classes may be offered on the Pueblo campus, at another location or online, or a combination of these.

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Supportive Measures - Non-disciplinary, non-punitive individualized services offered, as appropriate, to the Complainant or Respondent before or after the filing of a formal complaint or where no formal complaint has been filed. Information regarding the Title IX Coordinator will be updated regularly. CSU Pueblo is committed to providing an environment free of sexual harassment and gender discrimination for its students and staff.

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CSU Pueblo does not discriminate on the basis of sex in the education programs and activities that it operates and is prohibited from such discrimination pursuant to Title IX of the Education Amendments of 20 U. Part This prohibition extends to admissions and employment. When the University has actual knowledge of Sexual Harassment in an Education Program or Activity of the University against a person in the United States, it will respond promptly in a manner that is not Deliberately Indifferent.

Such allegations shall be investigated and properly handled up to and including dismissal from the University and termination of employment. CSU Pueblo will provide an opportunity to informally resolve issues of Sexual Harassment and Gender Discrimination and will provide an opportunity to resolve matters through a formal grievance process that will include a live hearing.

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An opportunity to appeal any decision will be afforded to both parties. Any Title IX complaint will be handled by the procedures promulgated with this Policy. This includes a Title IX complaint that also alleges violations of other University policies.

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The provisions of this Policy apply to all reported instances of alleged Sexual Harassment that occur while the Complainant is in the United States and is participating in, or attempting to participate in, an Education Program or Activity of the University. The University may apply similar procedures to allegations of Sexual Harassment that occur outside of the United States or outside of an Education Program or Activity.

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Supportive Measures may be offered before or after the filing of a Formal Complaint, or where no Formal Complaint has been filed. Supportive Measures do not include disciplinary sanctions.

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The formal resolution process must be completed before disciplinary sanctions may be imposed on a Respondent. However, the University may remove a Student Respondent from its Education Program or Activity on an emergency basis if the appropriate University committee does the following:. The University may place a non-student employee Respondent on administrative leave during the pendency of the formal resolution process.

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The University will maintain as confidential any Supportive Measures provided to the Complainant or Respondent, to the extent that maintaining such confidentiality would not impair the ability of the University to provide the Supportive Measures. The Title IX Coordinator is responsible for coordinating the effective implementation of supportive measures. The University will provide a fair and equitable process that will include an opportunity for informal resolution in all matters except for an allegation of sexual harassment between a student and an employee.

Informal resolution can only be undertaken if voluntary and agreed to by both parties. If the informal resolution process does not resolve the matter, or if no informal resolution occurs, then a formal resolution process grievance process will be followed.

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The university will provide a grievance procedure for students and employees consistent with the Title IX regulations, and such procedures will treat the Complainant and the Respondent equitably. The formal resolution process will include a live hearing, the right to an advisor for each party, cross examination by the advisor of the Parties and witnesses, and relevancy determination of questions asked during the hearing.

Upon a finding after the hearing, the Parties will have the right to appeal.

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The burden of proof is on the University to prove by a preponderance of the evidence that a violation of this policy has occurred. All records relevant to proceedings under this policy shall be retained by the University for seven 7 years.

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Retaliation against a Complainant, Respondent, or any person involved in the investigation will not be tolerated. Those found to have retaliated against any individual will be disciplined according to the applicable disciplinary procedures based on their status at the University. ZIP: 81004 81005 81003 81001 81008 81002 81010 81011 81012

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