Reporting to the EO & Title IX Coordinator

Reports can be made by mail, email, orally or in writing, to the EO & Title IX Coordinator or a Deputy Title IX Coordinator. Deputy Title IX Coordinators submit the report to the EO & Title IX Coordinator. Written reports should include as much detail as is possible. An EO & Title IX Coordinator, a responsible employee, or a confidential resource can also assist a complainant or reporting party with facilitating a report. The University encourages reports to be made in good faith, even if incomplete or erroneous, but will not tolerate intentional or malicious false reporting of incidents.

After receiving a report, the EO & Title IX Coordinator or designee may request additional information. Prompt filing of a complaint is strongly encouraged. A complaint that is made more than 120 days after the alleged incident may make fact finding difficult or impossible and the University may elect to not investigate in its sole discretion. A complaint may be withdrawn at any time after it is filed.  However, withdrawal of a complaint does not necessarily result in the termination of the University’s inquiry or investigation. 


University Officials to whom EO & Title IX reports can be made:

Michelle Spradling – EO & Title IX Coordinator
Office of the President
West Hall 107E
Northwest Denver Campus K-4
(303) 964-6435
mspradling@regis.edu or titleix@regis.edu

Myra Pasco – Deputy EO & Title IX Coordinator
Director, Human Resources
West Hall 107D
Northwest Denver Campus K-4
(303) 964-6005
mpasco@regis.edu

Kelly McLaughlin – Deputy EO & Title IX Coordinator
Associate Director of Athletics
Field House, 210B
Northwest Denver Campus F-20
(303) 458-4071
kmclaughlin001@regis.edu

Jeannette Grey Gilbert
Vice President & Chief of Staff
Title IX Official
Office of the President
Main Hall 201
(303) 458-4231
jgrey@regis.edu

Interim Measures

Regis University offers temporary measures for complainants and respondents of discrimination and sexual misconduct, if such changes are available and reasonable under the circumstances. Interim measures are used to address safety concerns and to minimize the impact of the alleged conduct on involved parties. Failing to abide by an interim measure, such as a no contact order, may be considered a violation of this policy or the Student Code of Conduct.

Accommodations may include, but are not limited to:

1.    Housing accommodations such as change from on-campus housing to a different on-campus or off-campus location; assistance from University staff to complete relocation and arranging to dissolve a housing contract and pro-rating a refund;
2.    Academic accommodations such as rescheduling an exam or other academic work; taking an incomplete in class; transferring class sections or clinical assignment; temporary withdrawal or alternative course completion;
3.    Assistance in arranging for alternative student employment and changing work schedules;
4.    Accessing health services;
5.    No contact orders, cease and desist orders or other appropriate orders;
6.    Transportation accommodations if available; and/or
7.    Services to ensure that the student can move safely on campus.

Interim measures are overseen and often administered by the EO & Title IX Coordinator or designee and are available regardless of whether confidentiality is requested, and regardless of whether the complainant chooses to report a crime to the University and/or local law enforcement; and in instances that the University does and does not investigate. The University will maintain the confidentiality of any interim measures for a complainant to the extent that such confidentiality doesn’t impair the ability to provide the interim measure. Accommodations can be requested verbally or in writing to:

Michelle Spradling–EO & Title IX Coordinator

3333 Regis Boulevard, West Hall K4-107E

Denver, CO 80221-1099

Telephone: 303.964.6435

mspradling@regis.edu

University Inquiry and Investigation:


Upon notice of a report of discrimination and/or sexual misconduct, the role of the EO & Title IX Coordinator may include, but is not limited to, receiving reports, conducting or overseeing preliminary inquiries, implementing interim measures and coordinating the University’s response to ensure a process that is thorough, reliable, impartial, prompt and fair. The preliminary inquiry and investigation determines whether the nondiscrimination policy has been violated. If so, the EO & Title IX Coordinator also oversees the process to ensure the University implements effective remedies designed to end the discrimination, prevent its recurrence and address its effects. The EO & Title IX Coordinator may designate internal or external individual(s) to perform a preliminary inquiry and/or investigation.  

Preliminary Inquiry
The EO & Title IX Coordinator or designee may conduct a preliminary inquiry to determine whether there is reasonable suspicion that the allegations, if found to be true, would be a violation of our policies, and therefore, warrant a full investigation, or to otherwise determine whether a formal investigation is warranted. During the preliminary inquiry, the EO & Title IX Coordinator or designee may meet with witnesses, receive statements from the complainant(s), respondent(s) and/or other witnesses, and gather information regarding the allegations. The EO & Title IX Coordinator or designee will decide if the matter can be resolved by a preliminary inquiry or whether to proceed with an investigation. If there is insufficient evidence to warrant an investigation, or if the University does not have jurisdiction over the issue, the inquiry will be closed with no further investigative action in most circumstances. The University can still offer additional resources and/or interim measures if appropriate. The University reserves the right to reopen an inquiry at any time. 

Investigation

Investigation

If, following a preliminary inquiry, the EO & Title IX Coordinator or designee determines an investigation should proceed, the University generally conducts a prompt, fair, and impartial investigation. Prompt means that the investigation is completed within reasonably prompt timeframes, with a goal of within seventy-five to ninety (75-90) days. Fair means that the investigation is conducted in a manner that is consistent with this policy and transparent to the complainant and respondent. Impartial means the investigation is conducted by an individual who does not have a conflict of interest or bias for or against either party, and who is trained annually on issues related to the alleged forms of discrimination or sexual misconduct and in conducting an investigation that protects the safety of the parties and promotes accountability. The timeframe to complete an investigation can vary and the EO & Title IX Coordinator will provide written notice to the parties regarding extensions to the timeframe for good cause. Items that might impact the length of an investigation include but are not limited to:

 

  1. the complexity of the case requires it;
  2. there are several parties involved;
  3. the witnesses or the parties are unavailable or uncooperative; and
  4. if a University investigation would compromise a law enforcement investigation. 

 

An investigation is generally conducted as follows:

a)     Determine the identity and contact information of the complainant, any witnesses and the respondent, if they can be identified;

b)     Identify the policies allegedly violated. A copy of this policy will be provided to the parties; 

c)     Send notice of investigation to the complainant and respondent. The notice will contain the following if available at the time notice is given:

  1. a summary of the alleged policy violation(s);
  2. the nature of the conduct upon which the complaint is based; and
  3. the location and date(s) or approximate date(s) when the violation allegedly occurred.

d)     Written notice will be provided to the parties if additional alleged policy violations are discovered during the course of the investigation.

e)     A respondent must advise the investigator or the EO & Title IX Coordinator of all counterclaims related to the complainant’s allegations within 5 days of the respondent’s initial interview with the assigned investigator.

f)      The investigator will commence a thorough, reliable and impartial investigation which entails obtaining available evidence and may entail identifying sources of expert information, as necessary.

g)     The investigator seeks to interview both the complainant, respondent and relevant witnesses. The complainant and respondent will have an opportunity to present witnesses for the investigator to interview. The investigator has the discretion to determine if a witness has relevant information. The investigator has discretion on whether or not to meet with character witnesses as part of this process if they have no relevant factual information.

h)     Each party will have the opportunity to review and finalize their statement for accuracy. Statements must be reviewed and finalized by the witness or party within 48 hours of receiving the statement from the investigator and if not modified by the witness or party, the statement will be presumed to be accurate.  

i)      No audio or video recording of any kind may be used unless specifically authorized by the investigator.

j)      Often complaints made under this policy, include other potential University policy violations. Any report that includes a discrimination or sexual misconduct allegation and another policy violation will follow this policy for the investigation of all alleged policy violations. In some circumstances, after an inquiry or investigation under this policy has been conducted, another University policy may need to be followed with respect to decision makers and factors for deciding if there is another policy violation. For example, if a discrimination complaint involves a grade dispute, the party deciding the grade dispute may use the investigation conclusions related to the grade dispute to determine whether to uphold or deny the disputed grade.

k)     The investigator prepares an investigation report with any supporting materials (“Report”) and will make initial factual finding(s).

l)      The factual finding is based on the “preponderance of evidence” standard of proof. This standard is described as whether a policy violation is more likely than not to have occurred.

m)   In cases involving sexual misconduct, the parties will be provided timely and equal access to the initial factual findings and the Report; and will have the opportunity to submit comments for the deciding party to consider. 

n)     The deciding party for student respondents (including student employees) is the Director of Student Conduct, or designee. The deciding party for employee respondents is the Associate Vice President of Human Resources or designee. When the respondent is both a student and employee the sanctions will be imposed by the Associate Vice President of Human Resources, or designee;

  • o)     The Report and any comments collected under section m above, will be sent to a deciding party.

p)     The deciding party shall review the Report and may take one of the following actions:

  1. Request that the investigator reopen the investigation to consider additional information and resubmit the report to the deciding party;
  2. Overturn all or a portion of the investigator’s findings; or
  3. Accept the investigator’s findings.

q)     The university strives to provide the parties with concurrent written notice of the deciding party’s decision. Due to privacy laws, the written notice’s content is based upon the nature of the charge(s) against the respondent and whether both parties are students.  Generally and as appropriate under the circumstances, the content for the notice includes:

  1. Relationship Violence, Stalking, Nonconsensual Sexual Penetration and Nonconsensual Contact: The deciding party’s decision, the rationale for the result, and the sanctions, if applicable.
  2. All other claims of discrimination and harassment: The deciding party’s decision, any individual remedies offered to the complainant, and any sanctions, if applicable, that have been imposed on the respondent that directly relate to the complainant.

r)      The result is final unless a party appeals.

s)     The University reserves the right to modify the procedures, if in its discretion, such modification is appropriate in particular circumstances.

Rights of Parties in Sexual Misconduct Complaints

Rights of the Parties in Sexual Misconduct Complaints

 

In addition to the process outlined throughout this policy, complainant(s) and respondent(s) in a sexual misconduct complaint have the following rights:

 

  1. to be informed of the right to choose whether or not to file a complaint to both the University and law enforcement;
  2. to an inquiry and when deemed necessary, an investigation, of all credible complaints of sexual misconduct made in good faith to the University;
  3. to be fully informed of the University’s policy and procedures;
  4. to be informed of the on-campus and off-campus resources;
  5. to be notified of interim measures available;
  6. to be treated with respect by the University;
  7. of the complainant to request the University not investigate the alleged violation;
  8. not to be discouraged by the University from reporting misconduct to both on campus and off campus authorities;
  9. to be assisted by campus authorities in notifying law enforcement of sexual misconduct if the complainant so chooses;

10.  to decline to notify law enforcement;

11.   to be provided written information about filing a request for a civil protection order and assistance from the University related to enforcement on University property;

12.  to bring an advisor of their choice to all meetings or proceedings related to the investigation[1]

13.  to appeal certain decisions.



The Role of an Advisor of Your Choice

An advisor of your choice is defined as any individual who provides the complainant or respondent support, guidance or advice in investigations of sexual misconduct.  Both parties may have an advisor of their choice which could be, for example, a parent, friend, clergy member or attorney. An advisor may also be a Regis University employee, such as the Violence Prevention Coordinator (complainants) or a designated Title IX Advisor (respondents). See Appendix C for a list of designated Title IX Advisors. An advisor cannot be an individual who is also a witness in the investigation. The role of the advisor and the extent to which an advisor can participate in an investigation or appeal is limited to a supportive role.  The advisor may not participate in the interview or other part of the process, s/he may not advocate or speak for the complainant or respondent, cross-examine witnesses, or address the decision maker.  Witnesses other than the complainant or respondent are not entitled to an advisor of their choice.

Complainants and respondents are encouraged to inform the EO & Title IX Coordinator of the identity of an advisor as soon as possible and at least two (2) business days before the date of any meeting or investigative proceeding where the advisor will be in attendance. The parties’ choice of an advisor or their availability for a meeting cannot delay the investigation. 

An attorney acting as a lawyer may not serve as the student’s or employee’s advocate or formally represent the student or employee during any meetings related to the procedures outlined in this Policy. These procedures are entirely administrative in nature and are not considered legal proceedings. The investigator may remove an advisor or anyone disrupting the meeting.  These rights and guidelines extend to both a complainant and respondent.  



[1] Communications and meetings between university officials and parties concerning interim measures for a party may occur without the presence of an advisor in order to avoid delaying providing such relief.

Sanctions

The University reserves the right to impose different sanctions, depending on the severity and/or pervasiveness of an offense. In determining the appropriate sanctions for a violation of this policy, a number of factors will be considered, including but not limited to the following: 1) level of risk and/or harm to the community; 2) severity of injury and/or harm; 3) use of alcohol or drugs by the respondent; 4) whether the incident was motivated by bias; 5) level of cooperation with the University and public officials; 6) prior conduct record; and 7) prior violations of the same or similar type.

The University reserves the right to impose differing sanctions for employees, including a verbal or written warning, training or other programming, suspension, or dismissal from employment, depending on the severity and/or pervasiveness of the offense.  

With respect to findings of discrimination or sexual misconduct by a student, one or more of the following sanctions may be imposed pursuant to the Student Code of Conduct.

Disciplinary Warning: An official written notice that the student has violated University policies and that more severe conduct action will result should the student be involved in other violations while a student at the University.

Disciplinary Probation: An official notice that, should further violations of University policies occur during a specified probationary period, the student may face suspension or expulsion. Regular probationary meetings may also be imposed.

Final Notice: A elevated form of disciplinary probation notifying the student that further violations of University policies will likely result in immediate removal from housing, disciplinary suspension, and/or disciplinary expulsion.
Housing Probation: Official notice that, should further violations of Residence Life or University policies occur during a specified probationary period, the student may immediately be removed from University housing. Reassignment to another floor or to another residence hall may be imposed. Regular probationary meetings may also be imposed. A housing probation status may also impact the student’s eligibility for future placement in University housing.

Removal from Housing: Removal from University housing for a specified period of time, after which the student may be eligible to return. Conditions for re-admission to University housing may be specified. Under this sanction, a student is required to vacate University housing within 24 hours of notification of the action, though this deadline may be extended upon application to, and at the discretion of, the Director of Residential Life and Housing. Prior to reapplication for University housing, the student must gain permission from the Director of Residential Life and Housing or designee. This sanction may include restrictions on visitation to specified University housing buildings or all University housing. Furthermore, students removed from housing under this sanction are not entitled to a refund of their housing or meal plan charges.

Loss of Privileges: The student will be denied specified privileges for a designated period of time, including, but not limited to restrictions on participation in campus activities, campus presence, residence hall visitation, parking privileges, or contact with individuals or groups on campus.

Disciplinary Suspension: Separation from the University for a specified minimum period of time, after which the student is eligible to return after clearance from the Director of Student Conduct or designee. Eligibility may be contingent upon satisfaction of specific conditions noted at the time of suspension. The student is required to vacate the campus within 24 hours of notification of the action, though this deadline may be extended upon application to, and at the discretion of, the Director of Student Conduct or designee. During the suspension period, the student is banned from University Property, functions, events, and activities without prior written approval from the Director of Student Conduct or designee. During the period of suspension, this sanction will be noted on the student’s official academic transcript and will be deleted after the expiration of the suspension.

Disciplinary Expulsion: Permanent separation from the University. The student is required to vacate the campus immediately upon notification of the action, though this deadline may be extended upon application to, and at the discretion of, the Director of Student Conduct or designee. The student is banned from University Property and the student’s presence at any University-sponsored activity or event is prohibited. This sanction will be noted on the student’s official academic transcript.

Behavioral Requirement: This includes required activities, including, but not limited to, obtaining academic counseling, substance abuse assessment, behavioral assessment, etc.

Educational Requirements: Requirement to attend, complete, present, and/or participate in a program or assignment that is educational and/or reflective in nature. It may also be a requirement to sponsor or assist with a program for others on campus to aid them in learning about a specific topic or issue related to the violation for which the student or organization was found responsible.

Restitution: Compensation for damage caused to the University’s Property or any other person’s property. This could include, among other things, situations such as failure to return a reserved space to its original, proper condition.

Fines: Reasonable financial charges as a result of misconduct.

Certain University officials may be informed of the outcome of an investigation (for example, the President, Dean of Students, or Campus Safety Director) and in accordance with other applicable federal, state or local laws. If, based on the investigation findings, there is reliable information that a crime has occurred, a University official may notify local law enforcement consistent with the University’s lawful obligation to report crimes.

Matters that are determined to be violations of another University policy, such as the Student Handbook, a faculty handbook or the Human Resources Policy Manual, shall be sanctioned in accordance with the guidelines of the applicable University policy.  


Appeal

Only decisions involving sexual misconduct may be appealed to the appellate officer. The appellate officer for student respondents (including student employees) is the Vice President for Student Affairs, or designee. The appellate officer for employee respondents is the Provost or designee. When the respondent is both a student and employee the appeal will be heard by the Provost, or designee. To exercise the right of appeal, complainants or respondents must petition the above individual within three (3) business days after receiving the written notification of the sanctions imposed.

A complainant or respondent may appeal in the following circumstances:
1.    When sanctions of probation, suspension, expulsion or termination; or
2.    When decisions include finding(s) of no violation. 

The grounds for an appeal are:
1.    a procedural error occurred that significantly impacted the outcome of the investigation, such as substantiated bias or a material deviation from established procedures; or
2.    the sanction imposed is grossly disproportionate to the offense (including any consideration of the student’s prior offenses); or
3.    new information not presented during the investigation exists.
a.    the appellate officer or designee may consider new evidence, but only if that evidence was unavailable during the original investigation and if it could substantially impact the original finding or sanction; and
b.    a summary of this new evidence and its potential impact must be included in the appeal and timely submitted; and 
c.    if the appellate officer determines that new information should be considered, they will return the complaint to the investigator to reconsider the new information only in light of the new evidence. 

Any party who files an appeal must do so in writing to the appellate officer and articulate the basis for the appeal in the notice. The appellate officer will respond to the appeal and provide the EO & Title IX Coordinator with a copy of the appeal. The EO & Title IX coordinator will share a copy of all appeals with the party not appealing.

All sanctions imposed by the Director of Student Conduct or the Associate Vice President of Human Resources will be in effect during the appeal. A request may be made for special consideration to suspend sanctions in exigent circumstances, but the presumptive stance of the University is that the sanctions will stand. Graduation, study abroad, internships/externships, etc. do not in and of themselves constitute exigent circumstances, and students may not be able to participate in those activities during their appeal.

The original finding and sanction will stand if the appeal is not timely or eligible, and the decision shall be final. If the appeal is timely and available, the appellate officer will promptly render simultaneous written notification of the decision on the appeal to all parties. In cases where the appeal results in reinstatement to the institution, or if other privileges are reinstated, all reasonable attempts will be made to restore the student to their prior status.
The decision of the appellate officer is final.

Cooperation with and Confidentiality of Investigations

Current students and employees who are not deemed a privileged and confidential resource are required to cooperate in a University inquiry or investigation as a condition of enrollment and/or employment. However, should a formal investigation commence, a complainant and/or a respondent may decline participating in interviews with the designated investigator by promptly notifying the EO & Title IX Coordinator. The failure of a complainant and/or a respondent to participate in an interview may impact the result of the investigation.

The privacy of all parties is respected to the extent possible, in accordance with the law and so as not to interfere with a University investigation. Any documents received by parties are confidential and should not be distributed to others with the exception of an advisor of choice and/or confidential resources. In instances where a confidentiality instruction is provided, violating such can be considered a violation of this policy. Witnesses are expected and encouraged to honor the privacy of the parties and the integrity of the investigation by not discussing the investigation or the subject matter of the inquiry with anyone.




Informal Resolution

Informal Resolution
If both parties are willing and deemed appropriate by the University, Informal Resolution can be available for complaints of discrimination and sexual misconduct and parties may voluntarily seek resolution of a complaint informally. If informal resolution is agreed to by both parties, the following are possible approaches:
1.    Communication directly with the person whose behavior is unwelcome; or
2.    Mediation to include one or more facilitated meetings.

The University does not require an individual to contact the person directly whose behavior is unwelcome, and responsible employees should always report allegations of sexual misconduct or discrimination to the EO & Title IX Coordinator prior to any attempt to resolve a complaint.  Informal resolution does not prevent the University from taking additional corrective action. If the situation is not resolved informally or if the complainant chooses not to engage in informal resolution, the complainant may initiate a formal complaint under this policy.