Title IX/Sexual Harassment and Discrimination Policies
Title IX/Sexual Harassment and Discrimination Policies serve all members of the university community, including students, faculty and other academic personnel, staff employees, non-students or non-employee participants in university programs.
Policies & Procedures
Sexual Misconduct / Title IX Policy
The following policies govern the ways in which Western must respond to sexual misconduct and sexual harassment.
Sexual Misconduct Prohibition, Section 2: Navigating Western
Western Colorado University Student Handbook
The below policy encompasses University obligations under the Education Amendments of 1972 (Title IX) as detailed in the Board of Trustees Policy Prohibiting Sexual Harassment and Sexual Misconduct which falls outside the scope of Title IX but within the jurisdiction of this policy and the definitions listed below.
Sexual Misconduct is prohibited at Western Colorado University. It is Western’s policy that all forms of Sexual Misconduct, as defined below, are prohibited and will not be tolerated.
Scope of Policy
This policy applies to all students and employees, regardless of their sexual orientation or gender identity. This policy also applies to all third parties who have access to or use of any Western facilities and/or grounds for any reason.
This policy also applies to University-sponsored programs and events, whether on or off campus. This includes, but is not limited to international travel, field trips, conferences, campus, classroom activities, residence halls and all academic and student facilities and events.
Policy Prohibiting Sexual Harassment, Section 3.5: Western Colorado University Trustee Policy Manual
The Board of Trustees and Western Colorado University (“WCU” or the “University) intend to maintain a campus community free from all forms of sexual harassment, which includes hostile environment, sexual assault, domestic violence, dating violence, and stalking, as defined below. It is the University’s policy that all forms of sexual harassment are prohibited and will not be tolerated. This policy is promulgated pursuant to Title IX of the Education Amendments of 1972 (Title IX), 20 U.S.C. §§ 1681-88 et.seq., and its implementing regulations, 34 C.F.R. part 106; Title IV of the Civil Rights Act of 1964 (42 U.S.C. § 2000c).
Scope of Policy
This policy applies to all students and employees, regardless of their sex. This policy also applies to all third parties who have access to or use of any University facilities and/or grounds for any reason.
This policy applies to the University’s educational program or activity within the United States, including University–sponsored programs and events, whether on or off campus. This may include, but is not limited to, field trips, conferences, camps, classroom activities, residence halls and all academic and student facilities and events.
An individual who is alleged to be the victim of conduct that could constitute sexual misconduct and/or sexual harassment.
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.
An employee who has the obligation to report alleged sexual misconduct and/or sexual harassment and alleged retaliation to the Title IX Coordinator.
Complainant or Respondent.
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.
Sexual Harassment as defined in the Policy Prohibiting Sexual Harassment, Section 3.5 of the Board of Trustees Policy Manual, whether or not the misconduct falls within the scope of that policy:
- Conduct committed by a student that, if committed by an employee, would constitute Quid Pro Quo under the Policy Prohibiting Sexual Harassment, Section 3.5 of the Board of Trustees Policy Manual, whether or not the misconduct falls within the scope of that police;
- Conduct that is severe, pervasive or objectively offensive
- Sexual Exploitation, defined as actual or attempted abuse of a position of vulnerability, power differential, or trust, for sexual purposes, including but not limited to, profiting monetarily, socially or politically from the sexual exploitation of another
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; or
- Affects the terms or conditions of education or employment or activities with the University.
When there are:
- Refers to physical sexual acts perpetrated against a person’s will or where a person is incapable of giving consent. A number of different acts fall into the category of sexual assault, including, without limitation, rape, statutory rape, sexual violence, domestic violence, incest, sexual batter and sexual coercion. All such acts of sexual assault are forms of sexual misconduct covered under the Sexual Misconduct Prohibition Policy including, without limitation:
- Non-consensual sexual contact, including sexual touching, groping and fondling
- Non-consensual sexual intercourse, including vaginal, anal, and/or oral penetration by a body part of by an object.
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.
For the purposes of this policy, days refers to Calendar Days meaning every day of the week regardless of weekends and holidays.
Trainings and Resources
Trainings that all Western staff have taken:
- ATIXA Level One Title IX Coordinator
- ATIXA Level One Title IX Investigator
- ATIXA Level Two Title IX Investigator
- NASPA Level One Title IX Investigator
Trainings that can be facilitated
- What is Title IX?
- Resources for Students
- Title IX & Bystander Intervention
Examples of supportive measures:
- Course-related adjustments
- Modifications of work or class schedules
- Campus escort services
- Mutual restrictions on contact between the Parties (No Contact Orders)
- Changes in work or housing locations
- Leaves of absence
- Increased security and monitoring of certain areas of campus
- Other similar measures
Campus Counseling Center
- 24-hour crisis line: 970.252.6220
- To schedule an appointment: 970.642.4615 | Crystal Hall 104
Center for Mental Health
To schedule an appointment: 970.641.0229 | 710 N. Taylor St. Gunnison, CO 81230
- 24-hour helpline: 970.275.1193
- To schedule an appointment or get resources and support: 970.641.2712
- On-campus office: Crystal Hall 104 (Check back each school year for updated office hours)
Campus Medical Clinic
- To schedule an appointment: 970.943.2707 | Tomichi Hall 104
- The Campus Medical Clinic offers treatment of injuries, emergency contraception, pregnancy testing, HIV testing and counseling, and screening and treatment of other Sexually Transmitted Infections (STIs)
Gunnison Valley Hospital
- Emergencies: 911
- Front Desk: 970.641.1456 | 711 N. Taylor Street Gunnison, CO 81230
- Physicians staff the Emergency Room 24/7. Gunnison Valley Hospital’s program provides medical and forensic examinations for sexual assault victims (SANE) and follow-up medical services to guard against STIs and pregnancy. A SANE can coordinate with Project Hope to make an advocate available at the time of the exam.
Gunnison County Public Health
- Office: 970.641.0209
- After Hours: Call Dispatch at 970.641.8200 ext. 1
- Offers services and testing including birth control options, STI testing and treatment, emergency contraception (Plan B, annual exams, pregnancy testing)
Gunnison Police Department Victims Advocate
- For support: 970.641.8299
- The GPD Victims Advocate can offer assistance through the legal system, should you pursue a criminal case in addition, or in place of, a Title IX case
Gunnison County Sheriff’s Office
Office: 970.641.1113 (voicemail 24/7) | 510 W. Bidwell Street Gunnison, CO 81230
Western has identified faculty and staff across campus who are considered Responsible Employees. This means they may be required to report complaints related to Title IX to the Title IX Coordinator for follow-up. If you disclose an incident related to Title IX that a Responsible Employee is obligated to report to the Title IX Coordinator, you can expect the Title IX Coordinator to follow-up with resources and supportive measures, but you are not required to respond or meet with the Title IX Coordinator as a result of the disclosure.
What Happens if I Report?
Review this flowchart to understand what will happen if an incident is reported to the Title IX Coordinator:
Anonymity – After the Title IX Coordinator receives a report in which the Complainant wishes to remain anonymous, the Title IX Coordinator will make every attempt to keep the Complainant anonymous while remedying the situation. However, this could limit Western’s ability to respond to the complaint. If you are ever unsure about anonymity and reporting, please contact the Title IX Coordinator with questions or concerns and to receive support regardless of willingness or ability to file a complaint in the moment. Just because a complaint is filed does not necessarily mean you are obligated to pursue a Formal or Informal case.
After a complaint is filed with the Title IX Coordinator, whether directly or indirectly from the Complainant, the Title IX Coordinator will reach out to the Complainant with resources and support. The Complainant is under no obligation to respond or meet with the Title IX Coordinator but may do so to ask questions, raise concerns, or talk through options and safety needs.
Safety / Retaliation Policy
Amnesty: 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 his or her improper use of alcohol or drugs (e.g. underage drinking). 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.
- Complainant Rights
- Respondent Rights
- You have a right to due process. This means you have a right to be informed of the allegations against you, the right to provide input and defend yourself,
- You’ve been asked to serve as a witness for the Complainant or Respondent in a Title IX case. Here is what that means for you:
- You have a right to be free from retaliation and fear of harm.
- Gender Identity/Sexual Orientation
- Am I protected?