Restorative Justice & Title IX Office

For confidential reporting of sex discrimination and sex-based harassment, individuals may report to the following campus resources that provide support and guidance.

On-Campus Confidential Reporting Resources

University Counseling Center
Crystal Hall 104

970.648.7128 (appointments)

970.252.6220 (after-hours emergency)

Hours M-F | 8:00 a.m.–5:00 p.m.

Off-Campus Confidential Reporting Resources

Axis Health Systems – Gunnison
710 N. Taylor Street

970.641.0229

Axix Health Gunnison Location

TimelyCare
Telehealth support for Mountaineers

Download the TimelyCare app and register via your school email address, or visit TimelyCare Login

Project Hope
Victims Support Services

970.641.2712 (office)

970.275.1193 (24/7 crisis line)

www.hope4gv.org

Gunnison Valley Health
711 North Taylor Street

970.641.1456

Victims of Sexual Assault are encouraged to report to the Gunnison Valley Hospital (GVH) Sexual Assault Nurse Examiner (SANE) to have evidence collected and stored for future legal system actions. Funds are available through the Office of Student Affairs to assist students with transportation options/costs.

For non-confidential reporting of sex discrimination and sex- based harassment, individuals may report to the following campus resources that provide support and guidance:

On-Campus Non-Confidential Reporting:

Campus Security
University Center 102E

970.943.3084 (office)

970.209.1020 (mobile)

Off-Campus Non-Confidential Reporting:

Gunnison Police Department
910 W. Bidwell Ave

Phone: 970.641.8200

Emergency

911

Gunnison Police Department Victim Advocate

Phone: 970.641.8299 

Employees have access to free video and phone counseling, as well as professional coaching, through the Colorado State Employee Assistance Program (CSEAP). In-person appointments are available for employees in the Denver, Colorado Springs, and Grand Junction areas.

Appointments can be scheduled via their website, C-SEAP Counseling (which also offers other helpful resources), or by calling toll-free at 800-821-8154 to arrange a time to speak with a counselor.

Employees can learn more about available mental health resources at InsideWestern HR Mental Health.

All employees are encouraged to report concerns of potential sexual misconduct and related retaliation to support a non-discriminatory and safe environment. However, certain employees are required to report the details of an incident (including the identities of the parties involved to the extent known) to the Title IX Coordinator.

A report to these employees (called “Responsible Employees”) constitutes a report to the University and generally obligates the University to respond to the incident by contacting the complainant and taking appropriate steps to address the situation.

Responsible Employees include:

• Faculty
• Academic Affairs Administrators
• Student Affairs Administrators
• All Residence Life Staff, including student staff and administrators
• Coaches
• Director of Human Resources
• President of the University
• Vice Presidents of the University
• Supervisors (any employee, including student employees, in supervisory or mentoring roles, including but not limited to managers, supervisors, faculty members, coaches, and paid student leaders)

If you are unsure whether you are a Responsible Employee, please enquire with the Title IX Coordinator or Deputy.

Western prohibits retaliation which includes intimidation, threats, coercion, or discrimination against any individual for the purpose of interfering with any right or privilege secured by Western’s Policy Prohibiting Sexual Misconduct, Title IX or its implementing regulation, or because the individual has made a report or complaint, testified, assisted, or participated or refused to participate in any manner in an investigation, proceeding, or hearing under the Policy Prohibiting Sexual Misconduct.

Disciplining a responsible employee for their failure to report in a manner consistent with University policy does not constitute retaliation. Good faith actions lawfully pursued in response to a report of sexual misconduct are not retaliation.

Retaliation concerns should be promptly reported to the Title IX Coordinator. Allegations of retaliation are addressed as a separate instance of misconduct using the appropriate procedures within HR or Student Affairs, depending on whether the accused party is an employee or student.

Supportive measures are action steps and resources designed to support continued participation in university life and progress toward student and employee success. Supportive measures may include, but are not limited to, counseling, extensions of deadlines or other course-related adjustments as appropriate and available, modifications to work or class schedules, campus security escort services, mutual restrictions on contact between complainant and respondent, changes in work or housing locations, leaves of absence, increased security, and more.

The Title IX Coordinator will ensure that supportive measures are offered to the complainant and/or respondent, as appropriate and reasonably available, without fee or charge. Supportive measures may be requested by or offered to the complainant before or after the filing of a formal complaint, or where no formal complaint has been filed.

Complainants who do not want to pursue an informal or formal resolution process are always entitled to request and receive appropriate and reasonably available supportive measures.

If a process occurs in which the respondent is given notice of a complaint, the respondent is also entitled to receive appropriate and reasonably available supportive measures.

Contact the Title IX Coordinator or Deputy at tixadministrator@western.edu to request support.

For physical acts of sexual violence, like sexual assault and dating or domestic violence, medical care can be sought from the nearest emergency room. Some hospital emergency departments include Sexual Assault Nurse Examiner (SANE) and Medical Forensic Exam (MFE) programs.

Gunnison Valley Health Hospital, at 711 North Taylor Street in Gunnison, has a SANE program with trained providers who provide medical care and can conduct a medical-forensic exam.

For SANE programs in other areas of Colorado, please follow the link. Please call the hospital to verify the program’s current status before seeking services.

At the hospital, you may decide whether or not to receive an exam. An exam treats the full extent of any injury or physical trauma. In the case of sexual assault, the exam includes:

• considering the possibilities of sexually transmitted infection or pregnancy, and
• properly preserving evidence in case you decide to pursue a criminal investigation

You can decide to have a medical exam, but decide not to have the evidence collected. If you decide to have evidence collected, you can choose not to partake in a police report and/or not to participate in a pursuit of criminal charges. The collection of evidence during a medical forensic exam will help keep the possibility of criminal charges open in the future.

In the case of sexual assault, if you have not changed clothes, bring a change of clothes with you to the hospital, if possible, because if you consent to the collection of evidence, your clothes likely will be kept as evidence.

You can bring a support person to the hospital, and they can accompany you through the exam. There may also be an advocate available at the hospital.

Legal assistance is available locally for eligible individuals. You may refer to:

Colorado Legal Services

Uncompahgre Volunteer Legal Aid

Student financial aid information is available via the Student Financial Services Department.

Visa and immigration assistance information for students is available via International Student and Scholar Services.

In those cases where individuals have been involved in incidents of sexual harassment while under the influence of alcohol and/or drugs, the University will not pursue disciplinary actions against those involved (or against a witness) for their improper use of alcohol or drugs (e.g., underage drinking, or under the influence at a campus function). Amnesty is intended to support individuals reporting incidents of prohibited discriminatory harassment, sexual harassment, and other violations of this policy, and to protect an individual’s safety. Individuals experiencing or witnessing violations of this policy while themselves violating another University policy (for example, the University policy concerning alcohol and other drug use) are encouraged to report the violations of this policy that they experienced or witnessed.

Complainant is a person who has been subjected to the alleged sexual misconduct or related retaliation. For purposes of this policy, a Complainant can be a University employee, student, authorized volunteer, contractor, guest, or visitor.

A document filed by a Complainant or signed by the Title IX Coordinator alleging sexual misconduct and/or sexual harassment against a Respondent and requesting that Western investigate the allegation of sexual misconduct and/or sexual harassment.

Responsible employee is a University employee who has the authority to institute corrective measures on behalf of the University. The following categories of employees are the University’s Responsible Employees: faculty, academic affairs administrators, student affairs administrators, residence life staff, coaches, supervisors, Director of Human Resources, President and Vice Presidents of the University.

A report submitted by a Reporter or Complainant regarding an alleged incident that they experienced, witnessed, or were informed of after the fact. Incident reports alert the Title IX Coordinator that there is a potential incident which should be investigated and prompt the Title IX Coordinator to reach out to involved parties to provide support. Incident reports do not constitute a formal complaint.

An individual who has been reported to be the perpetrator of conduct that could constitute sexual misconduct.

Intimidation, threats, coercion or discrimination against any individual for the purpose of interfering with any right or privilege secured by the Sexual Misconduct Prohibition policy and Title IX or its implementing regulation, or because the individual has made a report or complaint, testified, assisted, or participated or refused to participate in any manner in an investigation, proceeding, or hearing under this policy. Such retaliation shall be dealt with as a separate instance of sexual misconduct.

• An employee of the University conditioning the provision of an aid, benefit, or service of the institution on an individual’s participation in unwelcome sexual conduct
• Unwelcome conduct 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; or
• Sexual assault as defined in 20 U.S.C. § 1092(f)(6)(A)(v), dating violence as defined in 34 U.S.C. § 12291(a)(1), domestic violence as defined in 34 U.S.C. § 12291(a)(8) or stalking as defined in 34 U.S.C. 12291(a)(30).

• Rape, which is 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 consent of the victim.
• Fondling, which is the touching of the private body part 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 their age or because of their temporary or permanent mental incapacity;
• Incest, which is sexual intercourse between persons who are related to each other within the degrees wherein marriage is prohibited by law; OR
• Statutory Rape, which is sexual intercourse with a person who is under the statutory age of consent.

Includes felony or misdemeanor crimes of violence 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 similarly situated to a spouse of the victim under the domestic or family violence laws of the State of Colorado, 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.

Violence by a person who has been in a romantic or intimate relationship with the Complainant. Whether there was such a relationship will be gauged by its length, type and frequency of interaction.

Course of conduct directed at a specific person that would cause a reasonable person to fear for their safety, or to suffer substantial emotional distress. Stalking may take the form of, but is not limited to, harassing telephone calls, electronic communications and/or letter-writing.

Affirmative, knowing and voluntary words or actions that create a mutually understandable and clear agreement to engage in sexual activity. It is the responsibility of each person involved in the sexual activity to ensure that they have affirmative consent of the other or others to engage in the sexual activity. Silence, lack of protest, or resistance, by themselves cannot be interpreted as consent. Consent must be ongoing throughout a sexual activity and can be revoked at any time. The existence of a dating relationship between the persons involved, or the fact of past sexual relations between them, by itself cannot be interpreted as consent. Consent is not effectively given if force, threats, intimidation or coercion were involved, or if a person is incapable of giving consent due to use of drugs or alcohol, or due to intellectual or other disability.

In those cases where individuals have been involved in incidents of sexual harassment while under the influence of alcohol and/or drugs, the University will not pursue disciplinary actions against those involved (or against a witness) for their improper use of alcohol or drugs (e.g. underage drinking, or under the influence at a campus function). Amnesty is intended to support the practice of individuals reporting incidents of prohibited discriminatory harassment, sexual harassment, and other violations of this policy, and to protect an individual’s safety. Individuals experiencing or witnessing violations of this policy while themselves violating another University policy (for example, the University policy concerning alcohol and other drug use), are encouraged to report the violations of this policy that they experienced or witnessed.