During the Fall 2020 semester, OIE staff members will continue to work remotely to address reports of sexual misconduct, protected class harassment and discrimination, and conflict of interests in cases of amorous relationships. To schedule a virtual meeting or a phone call with OIE, individuals can email the office at equity@uccs.edu. OIE also accepts reports via their online reporting form found here: https://equity.uccs.edu/reporting/reporting-form

Sexual Misconduct

Misconduct

Sexual Misconduct

Prohibited Conduct

UCCS is committed to ensuring that students, faculty, and staff are not subjected to discrimination, including discrimination on the basis of sex, as well as other forms of sexual misconduct that are inconsistent with the university's values and missions. Prohibited conduct includes:

  1. Sexual assault;
  2. Dating violence; 
  3. Domestic violence; 
  4. Title IX stalking; 
  5. Stalking; 
  6. Sexual exploitation; 
  7. Title IX hostile environment; 
  8. Hostile environment;
  9. Title IX quid pro quo sexual harassment; and
  10. Quid pro quo sexual harassment.

The CU Sexual Misconduct Policy applies to all students, faculty, staff, contractors, patients, volunteers, affiliated entities, and other third parties, regardless of sex, gender, sexual orientation, gender expression or gender identity. It also applies to conduct that occurs within an educational program or activity of the university, or if the Complainant or Respondent are affiliated with the university community. This includes off-campus conduct, including online or electronic conduct. 

Alleged conduct may be considered either Title IX Sexual Misconduct or Sexual Misconduct, depending on the following jurisdictional requirements: 

  • Title IX Sexual Misconduct: Applied to misconduct that occurs in a University education program or activity and against a person in the United States. 
  • Sexual Misconduct: Applied to misconduct that does not otherwise meet the jurisdictional standard or definition of Title IX Sexual Misconduct, but has the potential to affect the health and wellness of campus community members. 

Definitions

Sexual Assault
Means any attempted or actual sexual act directed against another person, without consent of the victim, including instances where the victim is incapable of giving consent. This includes:

  1. Rape: the penetration, no matter how slight, of the vagina or anus, with any body part or object, or oral penetration by a sex organ of another person, without the consent of the victim. This offense includes the rape of all persons and is properly applied regardless of the age of the victim if the victim did not consent or if the victim was incapable of giving consent.
  2. Fondling: touching of the private body parts of another person for the purpose of sexual gratification, without the consent of the victim, including instances where the victim is incapable of giving consent because of the victim’s age or because of the victim’s temporary or permanent mental incapacity.
  3. Statutory Rape: sexual intercourse with a person who is under the statutory age of consent if the victim consented and the offender did not force or threaten the victim.
  4. Incest: sexual intercourse between persons who are related to each other within the degrees wherein marriage is prohibited by law.

Dating Violence
Means violence committed by a person, on the basis of sex –

  1. who is or has been in a social relationship of a romantic or intimate nature with the victim; and
  2. where the existence of such a relationship shall be determined based on a consideration of the following factors:
    • The length of the relationship;
    • The type of relationship; and
    • The frequency of interaction between the persons involved in the relationship.

Domestic Violence
The term “domestic violence” includes felony or misdemeanor crimes of violence, on the basis of sex, committed by a current or former spouse or intimate partner of the victim, by a person with whom the victim shares a child in common, by a person who is cohabitating with or has cohabitated with the victim as a spouse or intimate partner, by a person similarly situated to a spouse of the victim under the domestic or family violence laws of the jurisdiction receiving grant monies, or by any other person against an adult or youth victim who is protected from that person’s acts under the domestic or family violence laws of the jurisdiction.

Title IX Stalking
Means engaging in a course of conduct, on the basis of sex, directed at a specific person that would cause a reasonable person to:

  1. fear for their safety or the safety of others; or
  2. suffer substantial emotional distress.

Stalking
Means engaging in a course of conduct directed at a specific person that would cause a reasonable person to:

  1. fear for their safety or the safety of others; or
  2. suffer substantial emotional distress.

Sexual Exploitation
Means conduct that takes sexual advantage of another person without that person’s consent. Examples of behavior that could rise to the level of sexual exploitation include, but are not limited to: (1) prostituting another person; (2) taking possession of the intimate personal property of another person without that person’s consent; (3) recording images (e.g., video, photograph) or audio of another person’s sexual activity, intimate body parts, or nakedness without that person’s consent; (4) distributing images (e.g., video, photograph) or audio of another person’s sexual activity, intimate body parts, or nakedness, if the individual distributing the images or audio knows or should have known that the person depicted in the images or audio did not consent to such disclosure; and (5) viewing or listening to another person’s sexual activity, intimate body parts, or nakedness in a place where that person would have a reasonable expectation of privacy, without that person’s consent. If sexual exploitation is severe, pervasive, and objectively offensive, it may meet the definition of Title IX Hostile Environment; otherwise, it may constitute Sexual Misconduct.

Title IX Hostile Environment
Unwelcome conduct, on the basis of sex, determined by a reasonable person to be so severe, pervasive, and objectively offensive that it effectively denies a person equal access to the university’s education program or activity. Mere offensive nonsexual conduct is not enough to create a hostile environment. Although repeated incidents increase the likelihood that harassment has created a hostile environment, a single or isolated incident of sexual assault may be sufficient.

Hostile Environment
Unwelcome conduct determined by a reasonable person to be so severe, pervasive, or objectively offensive that it effectively denies a person equal access to the university’s education program or activity. Mere offensive nonsexual conduct is not enough to create a hostile environment. Although repeated incidents increase the likelihood that harassment has created a hostile environment, a single or isolated incident of sexual assault may be sufficient. This definition governs allegations of hostile environment related to sexual misconduct that fall outside Title IX’s jurisdiction, including allegations of student and employee sexual misconduct.

Title IX Quid Pro Quo Sexual Harassment
An employee of the university conditioning the provision of an aid, benefit, or service of the university on an individual’s participation in unwelcome sexual conduct.

Quid Pro Quo Sexual Harassment
A member of the university community conditioning the provision of an aid, benefit, or service of the university on an individual’s participation in unwelcome sexual conduct.

Definition of Affirmative Consent

UCCS defines affirmative consent as the, unambiguous and voluntary agreement to engage in a specific sexual activity. Consent is clear, knowing and voluntary words or actions that create mutually understandable clear permission of willingness to engage in, and the conditions of, sexual activity. Consent must be active; silence by itself cannot be interpreted as consent.

Consent is not effectively given if it results from the use of force, including threats, or intimidation, or if it is from someone who is incapacitated:

  • Force is the use of physical violence or imposing on someone physically to gain sexual access.

  • Threats exist where a reasonable person would have been compelled by the words or actions of another to give permission to sexual contact they would not otherwise have given. For example, threats to kill someone, themselves or to harm someone one cares for constitute threats.

  • Intimidation occurs when someone uses physical presence to menace another, although no physical contact occurs, or where knowledge of prior violent behavior by an assailant, coupled with menacing behavior, places someone in fear as an implied threat.

Consent will be determined using both objective and subjective standards. The objective standard is met when a reasonable person would consider the words or actions of the parties to have manifested an agreement between them to do the same thing, in the same way, at the same time, with one another. The subjective standard is met when a party believes in good faith that the words or actions of the parties manifested an agreement between them to do the same thing, in the same way, at the same time, with one another. 

  • A person who does not want to consent to sex is not required to resist.  

  • Consent to some forms of sexual activity does not automatically imply consent to other forms of sexual activity.  

  • Silence, previous sexual relationships or the existence of a current relationship do not imply consent.  

  • Consent cannot be implied by attire or inferred from the giving or acceptance of gifts, money or other items.  

  • Consent to sexual activity may be withdrawn at any time, as long as the withdrawal is communicated clearly.  

  • Withdrawal of consent can be manifested through conduct and need not be a verbal withdrawal of consent.

  • A respondent's intoxication resulting from intentional use of alcohol/drugs will not function as a defense to engaging in sexual activity without an individual's consent.  

  • In order to give effective consent, the person giving consent must be of legal age under Colorado law for the purposes of determining whether there was a sexual assault.