5.04 Student Behavioral Expectations and Responsibilities Resolution Procedure

Application

This procedure applies to students within the Colorado Community College System, including its Colleges (CCCS or System). This procedure applies to violations of the Code of Student Behavioral Expectations and Responsibilities (Code) (Appendix A following this procedure).

Basis

If a student is alleged to have violated the Code, this procedure outlines the steps that can be taken in resolving the matter. Students reported to have violated the Code will be given the opportunity to participate in the behavioral expectations and responsibilities process. The procedure aims to engage students in a restorative, fair, educational, and developmental process, and to prevent future occurrences of student misconduct.

Definitions

For definitions applicable to this procedure, refer to Appendix B at the end of this procedure.

 Jurisdiction

This procedure applies to behaviors from students that take place on a CCCS campus, at CCCS sponsored events, and this procedure may also apply to off-campus and to online conduct when the Senior Student Affairs Officer (SSAO) or designee determines that the off-campus or online conduct affects a substantial CCCS interest. A substantial CCCS or College interest may include, but is not limited to the following: when the circumstances are such that there is a disruption to CCCS or College operations, a significant negative impact to the campus community, or a detriment to the educational interests of the System or College:

• Any action that constitutes criminal offense as defined by applicable law. This includes, but is not limited to, single or repeat violations of any local, state, federal, or other applicable law committed in the place where the System or the College is located or where the student was located when the violation occurred.
• Any situation where it appears that the accused individual may present a danger or threat to the health or safety of self or others; and/or
• Any situation that significantly impinges upon the rights, property, or achievements of self or others or significantly breaches the peace and/or causes social disorder.

Any online postings or other electronic communication by students, including cyber-bullying, cyber-stalking, cyber-harassment, etc., occurring completely outside of CCCS's or the College’s control (e.g., not on CCCS or College networks, CCCS or College websites, or involving System or College email accounts) will only be subject to this procedure when those online behaviors can be shown to cause a substantial on-campus disruption. Otherwise, such communications are considered speech protected by the First Amendment to the Constitution.

This procedure shall be interpreted and applied in a manner consistent with the First Amendment to the United States Constitution and other applicable law.

Equity Statement

The Colorado Community College System is committed to a procedure of equity and justice. We accept the responsibility to create an environment free from discrimination.

Procedure

Initiating a Conduct Process

Any member of the System community (including students, faculty, staff, law enforcement, or community members) may allege a violation by any student of the Code by reporting the matter to the appropriate SSAO. In general, the appropriate SSAO is the SSAO of the College in which the student was enrolled at the time of the alleged violation. The SSAO manages reports of Code violations made under this procedure and may delegate this responsibility. Students, faculty, instructors, staff, authorized volunteers, and guests are encouraged to report conduct that potentially violates the Code or that may be criminal in nature. Formal reports can be made by completing a College incident report. If the conduct is believed to be criminal in nature, the alleged violation should be immediately reported to campus law enforcement or security or external law enforcement.

There is no time limit on reporting violations of the Code; however, the longer someone waits to report, the harder it becomes for College officials to obtain information and witness statements and to make determinations regarding alleged violations. Anonymous complaints are permitted, though the College's ability to investigate and respond to the complaint effectively may be limited.

Complaints, concerns, or reports without reasonable cause will not be pursued. Upon receipt of the complaint, the SSAO or designee shall review the matter to determine if it alleges sufficient information to support reasonable cause that a violation has occurred. If so, the SSAO shall promptly notify the Complainant (if any) and the Respondent in writing of the allegations. The written notice shall include sufficient details of the allegations such as the date and location of the alleged misconduct, the identities of the parties, the nature of the alleged misconduct, and the specific conduct provisions alleged to have been violated. The written notice shall also include a description of the process and notice of the rights of the student, along with any interim action that is being imposed. Should a student withdraw from the institution prior to the conclusion of the conduct process, the College may still proceed with or without the student’s involvement.

The SSAO will identify a conduct resolution pathway as outlined below based on the nature of the allegations and input from the involved parties. Decisions made by the SSAO shall be final unless subject to appeal. Any outcomes and restrictions imposed take effect immediately unless the SSAO agrees to delay or stay the outcome.

Proceedings initiated under this procedure are separate from civil or criminal proceedings that may relate to the same incident. Investigations or conduct proceedings by the College are not postponed while criminal or civil proceedings are pending unless otherwise determined by the SSAO.

Interim Actions

The SSAO, in consultation with appropriate administrative personnel, may implement interim actions intended to protect the safety and well-being of the CCCS community; preserve CCCS property; address the effects of the reported behavior; and prevent further violations while the matter is under review or investigation. Interim actions may include, but are not limited to:

1. Interim No Trespass: The SSAO may issue a “Cease Communications,” “No Contact,” and/or “No Trespass,” directive.
2. Interim Suspension: This interim suspension includes attending classes and events pending a final outcome. This interim suspension begins immediately upon notice from the SSAO. In cases where a student is banned from campus on an interim basis, they will be subject to immediate arrest for trespass if they are on campus until the ban has been lifted. The SSAO will schedule a meeting with the student as soon as reasonably practicable to determine the appropriate conduct resolution pathway.
3. Any other outcome listed in this procedure below may also be imposed on an interim basis.

In all cases in which an interim action is imposed, the student will be given the opportunity to meet with the SSAO prior to such action being imposed, or as soon thereafter as reasonably practicable, to show cause why the interim action should not be implemented. The SSAO shall have sole discretion to implement or stay an interim action, and to determine its conditions and duration. Violation of an interim action may be grounds for imposition of an outcome, up to and including expulsion.

Conduct Resolution Pathways

Alternative Conflict Resolution:

The SSAO, in consultation with the involved parties, may determine informally resolving student conduct matters through an alternative conflict resolution process is appropriate to resolve the reported concerns. The primary focus during alternative conflict resolution remains the welfare of the parties and the safety of the CCCS community, but it does not involve a formal investigation.

Alternative conflict resolution, includes, but is not limited to, dialogue, conflict coaching, mediation, restorative justice, or shuttle diplomacy. Alternative conflict resolution works best when students take responsibility for their actions, have a desire to restore the impact created by their conduct, and actively participate in deciding and agreeing upon an outcome. If a resolution is reached, the matter will be closed without opportunity for an appeal.

At any time during the alternative conflict resolution process, the SSAO may elect to initiate formal investigation as deemed appropriate to resolve the matter. The parties can elect to cease the alternative conflict resolution process at any time before it concludes and proceed with a formal investigation.

Formal Investigation:

Where formal investigation is designated, the SSAO shall investigate the allegations, provide the Respondent an opportunity to be heard, and render a decision as outlined below. In this section setting forth the Formal Investigation Process, any reference to the SSAO includes the SSAO's designee:

1. Investigation: The SSAO shall provide the Respondent an opportunity to respond to the allegations either by meeting with the SSAO to discuss the allegations or by submitting a written response, or both. The Respondent will have the opportunity to be advised by a personal advisor of their choice, at their expense, at any stage of the process, and to be accompanied by that advisor at any meeting. An advisor may only consult and advise their advisee, but not speak for the advisee at any meeting or hearing. The SSAO may remove or dismiss an advisor who becomes disruptive or who does not abide by the restrictions on their participation.

The SSAO may also conduct any other investigation, such as meeting with the Complainant (if any), meeting with other relevant witnesses, and evaluating relevant documents, information, and evidence.

2. Decision: Once the investigation is complete, the SSAO shall render a decision as to whether the Respondent violated the Code. The determination shall be based on the preponderance of evidence standard: whether it is more likely than not that the student violated the Code. The decision shall address whether alleged conduct occurred; whether and how the conduct violated the Code; and impose an outcome, if appropriate.
3. Notification of the decision in writing will be provided by the SSAO to the Respondent and any other involved parties, as appropriate. The decision will include information regarding the applicable appeals process. The decision is part of the Respondent's education record.

Outcomes

The following outcomes can be implemented by the SSAO as a result of finding a violation in the formal investigation process or as part of an agreed upon alternative conflict resolution. These outcomes are intended to develop an educational and restorative experience for individuals engaging with the conduct process. These outcomes may also be put in place to ensure safety of the individual and/or the CCCS community. Outcomes will be effective immediately upon notice to the student, except that the SSAO may delay or stay the effective date, in their discretion, upon request from the student (e.g., it may be appropriate to stay an outcome pending the resolution of an appeal).

1. Loss of Privileges: The student will be denied specified privileges for a designated period of time.
2. Building/Access Restriction: The student will be denied access to specific campus locations. 
3. Restriction on Visitation Privileges: Restrictions that may be imposed on a residence hall student or non-residence hall student. The parameters of the restriction will be specified. 
4. Eligibility Restriction: The student is deemed “not in good standing” with the College for a specified period of time. The SSAO may grant specific limitations or exceptions, and terms of this outcome may include, but are not limited to, the following: 
   1. Ineligibility to hold any office in any student organization recognized by the College or maintain an elected or appointed office at the College. 
   2. Ineligibility to represent the College in any way, including, but not limited to participating in the study abroad program, attending meetings, or representing the College at an official CCCS function, event, or intercollegiate competition as a player, manager, or student coach, etc. 
5. No Contact Orders: If a “no contact” order is issued, it is the responsibility of the student not to have any contact with the individual(s) named in the order, directly or through third parties, electronically or online, or as otherwise specified in the order until the order is officially removed by the SSAO.
6. College Housing Reassignment: Reassignment to another College housing facility.
7. Restitution: Compensation for damage caused to the College or any individual’s property. This could also include situations such as failure to return a reserved space to proper condition, including labor costs and expenses. This is not a fine but, rather, a repayment for labor costs and/or the value of property destroyed, damaged, consumed, or stolen. 
8. Referral for Treatment/Assessment: These include, but are not limited to, alcohol or drug education programs, anger management, or other relevant assessment and treatment programs. Some outcomes may include a cost or fee to the student. 
9. College/Community Service Requirements: Completion of a specific supervised College/Community service. 
10. Confiscation of Prohibited Property: Items whose presence is in violation of College policy (pipes, bongs, weapons, etc.) will be confiscated. Prohibited items may be destroyed, returned to the owner, or otherwise disposed of at the discretion of the SSAO.
11. Educational Program/Project: Requirement to complete an educational or reflection project designed to support students in their understanding of the overall impact of their behavior, or a requirement to attend, present, and/or participate in a program related to the violation. It may also be a requirement to sponsor or assist with a program for others on campus to aid them in learning about the violation for which the student was found responsible. The Audience may be restricted. 
12. Warning: An official notice that misconduct has occurred and/or that future misconduct could result in more severe restrictions, conditions, and outcomes. 
13. Probation: A period of time in which the privilege of continuing as a student is conditioned upon meeting certain requirements. Any violation or failure to comply with restrictions while on probationary status could be cause for additional outcomes, including removal from CCCS. Additionally, students on probationary status typically will be required to meet with SSAO or other College personnel for follow up meetings. Probationary status may range from one semester up to duration of time at CCCS. 
14. Suspension: Separation from a College for a specified minimum period of time, after which the student is eligible to petition the SSAO for permission to return. Eligibility for return may be contingent upon satisfaction of specific conditions. The student is required to vacate CCCS property immediately upon receipt of notification of a suspension. During the suspension period, the student is restricted from CCCS property, functions, events, and activities without prior written approval from the SSAO. Additional restrictions may be specified in the suspension notice..
15. Expulsion: Permanent separation from CCCS. The student is banned from CCCS property and the student’s presence at any CCCS-sponsored activity or event is prohibited. This action may be enforced with a trespass action as necessary. 
16. No Trespass: The College may issue a “College No Trespass” directive, and/or issue a "Legal No Trespass order with local law enforcement.
17. Other: Additional or alternate restrictions, conditions, or outcomes that promote reflection and holistic student development (e.g., creative expression, community restoration project) and protect the CCCS community may be created and designed as deemed appropriate to the violation.

Appeal of Formal Investigation Decision

At the conclusion of an investigation and determination of responsibility, a student may have the option to submit an Appeal. An Appeal is a formal request by a student or complainant to have a conduct decision or sanction reviewed by an authorized appeals officer or committee, based on specific grounds outlined in the institution's conduct procedures. 

Depending on the circumstances, a student may appeal a finding of responsibility by right or through a discretionary appeal. A student found responsible for violating the Code through the formal investigation process has a right to appeal if suspension or expulsion are imposed, subject to the procedure set forth below.

If an outcome other than suspension or expulsion is imposed as a result of a formal investigation, a student may request in writing a discretionary appeal to the designated Appellate officer. A request for a discretionary appeal must be in writing and submitted to the Appellate officer within five (5) business days of the notice of decision. The Appellate Officer must notify the student in writing of whether the discretionary appeal will be permitted and if permitted, the below appeal deadlines apply from the date of that decision to permit the appeal.

All appeals must be made in accordance with procedures outlined in this section.

1.    Important Information about Appeals:

• The appeal is the final step in the conduct process.
• An appeal does not provide a second meeting or review of the case. The appeal process will be based on the existing record and the appeal criteria.
• Situations may occur that shift the timeframe of the appeal process. Considerations will be given for extenuating circumstances, including but not limited to, College holidays, family crisis, trauma, and medical/non-medical emergencies. Any extensions are made at the discretion of the SSAO.
• Students are encouraged to consult with the SSAO and external resources about the appeal process prior to submitting the request for an appeal.

2.   Appeals Criteria:

A student may only appeal upon one or more of the following grounds:

• A material procedural error occurred that significantly impacted the outcome of the factual findings, outcomes, or both (e.g., substantiated bias, a demonstrated or obvious conflict of interest, or material deviation from established procedures).
• There is new information, unavailable during the formal investigation that could substantially impact the decision or the outcome. The new information must be included with the student’s request for appeal and the student must show that the new information was not known to them at the time of investigation. Failure to participate in the initial investigation does not constitute new information for the appeal process.

3.    Initial Review of Appeal:

Regardless if a case is appealed, all outcomes imposed in the case will go into effect immediately unless they are officially stayed pending the appeal decision.

For an appeal to be considered timely, it must be filed in writing within five (5) business days of the notice of the initial conduct decision or decision allowing discretionary appeal. A student may file a written appeal by completing and submitting the College's appeal form, if applicable, and sending it to the Appellate Officer. It is the student's obligation to provide any and all materials for consideration at the time of appeal submission. Subsequent information and/or revisions to the appeal after initial submissions will not be accepted. Upon receipt of an appeal, the Appellate Officer shall conduct an initial review to determine if the appeal meets the limited appeals criteria and is timely. The student will receive notification about the decision of the initial review of the appeal within five (5) business days of receipt of the student's appeal. If the appeal is found to meet these criteria, the Appellate Officer shall give written notice to other involved parties, if applicable, to allow the other parties an opportunity to provide a response to the appeal.

Upon receipt of an appeal, the Appellate Officer shall conduct an initial review to determine if the appeal meets the limited appeals criteria and is timely. The student will receive notification about the decision of the initial review of appeal within five (5) business days of receipt of the student’s appeal. If the appeal is found to meet these criteria, the Appellate Officer shall give written notice to other involved parties, if applicable, to allow the other parties an opportunity to provide a response to the appeal.

4.    Appeal Determination:

If it is determined an appeal meets the appeal criteria, the Appellate Officer will review the appeal. In reviewing the appeal, the Appellate Officer may only consider the information contained in the record of the case, but may seek clarification of the decision rendered by the SSAO. Upon review of an appeal, the Appellate Officer shall have the authority to:

• Deny the appeal and affirm the initial decision and outcomes.
• Find that a material procedural error occurred (e.g., substantiated bias, material deviation from established procedures) that impacted the outcome and refer the case back to the SSAO or an alternate designee with instructions to conduct additional investigation and/or the Appellate Officer may otherwise correct the procedural error.
• Find that the student has presented new information that is material to the decision or outcome of the case. Upon this finding, the Appellate Officer shall conduct or request appropriate additional steps (such as requesting additional investigation by the SSAO) and/or modify the decision and outcome accordingly.

The Appellate Officer will notify the student in writing of the decision, typically within ten (10) business days of completing the review. The Appellate Officer will make a good-faith effort to complete the review no later than twenty (20) business days after the student has been notified of the initial review of the appeal.

During this appeal process, if the Appellate Officer requires additional time, they shall promptly notify the parties.

Student Records

Student conduct records will be maintained in accordance with the Family Educational Rights and Privacy Act (FERPA) and SP 4-80a, Student Educational Records and Directory Information. Generally, student conduct records are sealed seven (7) years after a final decision is delivered in the resolution process, except as required by law. Student conduct records may be sealed earlier by the SSAO upon written request from the student. Sealed student conduct records will not be disclosed to external third parties by the College's student conduct office except as required by law. Conduct records that result in a separation from the College (suspension or expulsion) and those that fall under Civil Rights, to include a Title IX investigation, will be maintained for seven (7) years. Students who are removed for cause after the census date will not be able to withdraw from their course(s) and will be issued a "WD" on their transcript for the course(s) in which they were removed.

Financial

Students who are suspended or expelled as a result of the conduct process will not receive a refund of any tuition, fees, or other charges, and will be responsible for any outstanding balances owed to the College. Students who are terminated from housing will be responsible for fulfilling their housing and dining contract fees, if applicable.

Suspension from a Single Class Period

A faculty member or instructor may suspend a student from a single class period for an incident involving an alleged conduct violation by the student. A suspension from a single class period may be issued without invoking this procedure. The faculty member or instructor must submit a College incident report when a student is suspended from a single class period.

A faculty member or instructor may issue an additional suspension from a single class period for each additional subsequent incident involving a conduct violation by the student.

No other suspension may be issued except as set forth in this procedure.

Retaliation

It is a violation of this procedure to engage in retaliation, such as taking adverse employment or educational action, against any person who reports an incident of a Code violation or because of the person’s participation, or perceived participation, in any aspect of this procedure. Retaliation includes acts to intimidate, threaten, coerce, or discriminate against any individual for the purposes of interfering with any right or privilege provided by this procedure.

Revising this Procedure

CCCS reserves the right to change any provision or requirement of this procedure at any time and the change shall become effective immediately.

APPENDIX A

Code of Student Behavioral Expectations and Responsibilities (Code)

Statement

A College community is defined by its values for learning, teaching, and service that reflect academic excellence, holistic student development, and societal impact. To guide student success, the Colorado Community College System (CCCS) has created the Code of Student Behavioral Expectations and Responsibilities (Code), which includes standards of behavior that support an engaged learning environment for all students. The Code embraces the institutional values of integrity, excellence, learning, diversity, intellectual freedom, and equal opportunity, and is rooted in conflict resolution practice to support students in resolving their own conflicts.

Each College’s Student Affairs Division is authorized to enact the Code and utilize the Code procedures to support students while holding them accountable to the behavior that supports the College mission and vision. The outcomes of the student conduct process are designed to assist students in their development, help them think through their moral and ethical decision-making, and realign their behavior with the College’s community expectations. In certain incidents, this may involve separation from the College either temporarily or permanently.

Outcomes are assigned based on the severity of the violation, cumulative conduct history, and educational needs of the student, and in consideration of the safety of individuals and the CCCS community.

Students at each College are provided a copy of the Code and are responsible for reading and adhering to the Code. The Code in no way creates a contractual obligation and CCCS reserves the right to revise the procedure at any time.

Code

The College considers the behavior described in the following subsections as inappropriate and in opposition to the values of the College community. These conduct provisions apply to all students as defined in Appendix B of System Procedure 4-30a. The College encourages and expects students, faculty, and staff to engage as active bystanders and report to College officials incidents that involve the following conduct. Any student found to have engaged in or to have attempted to engage in the following conduct may be subject to the conditions, restrictions, and outcomes outlined in SP 4-30a, Student Behavior Expectations and Responsibilities Resolution Procedure.

The following section is organized alphabetically by violation followed by an explanation.

Abuse of Conduct Process: Abuse or interference with College processes, including conduct and academic integrity meetings:

• Falsification, distortion, or misrepresentation of information.
• Failure to provide, destroying, or concealing information during an investigation of an alleged Code violation.
• Attempting to discourage an individual’s proper participation in, or use of, the campus conduct system.
• Inappropriately influencing any member of the campus community with conduct authority prior to, during, and/or following a campus conduct proceeding.
• Influencing or attempting to influence another individual to commit an abuse of the campus conduct process.
• Creating or propagating a false or misleading report of misconduct against another person associated with the college with the intention of causing harm to their reputation or standing as a student or employment with the college.

Academic Integrity: Plagiarizing, cheating, or committing any other form of academic misconduct including, but not limited to, unauthorized collaboration, falsification of information, and/or helping someone else violate reasonable standards for academic behavior. Students who engage in any type of academic dishonesty are subject to both academic consequences as determined by the instructor and to outcomes as set forth in the Student Behavioral Expectations and Responsibilities Resolution Procedure.

• Cheating: The act of using or attempting to use an examination or other academic work, material, information, or study aids which are not permitted by the instructor. Cheating includes, but is not limited to:
  • Using books, notes, or calculators or copying from or conversing with others during examinations (unless such external aids are permitted by the instructor).
  • Directing, requesting, or allowing someone else to conduct research, write papers, or take examinations for the student.
  • Resubmitting work completed in one class to fulfill an assignment in another class without prior approval.
  • Stealing, distributing, selling, buying, or otherwise procuring exams without authorization.
• Fabrication: The invention of material or its source and its use as an authority in academic work. Fabrication includes, but is not limited to:
  • Inventing the data for a scientific experiment.
  • Inventing the title and author of a publication in order to use the invented publication as a source.
  • Knowingly attributing material to an incorrect source.
• Plagiarism: The act of using someone else’s work without giving proper credit to the original source. The work can be written, artistic, musical, language, symbols, or media. Reusing one’s own work without proper citation (or approval of instructor) is also plagiarism.
• Prohibited Use of Generative Artificial Intelligence (AI): Generative AI may only be used with the instructor's express permissions. Students should seek clarification from the instructor before using any AI tools to understand what is permitted prior to submitting any work that includes the use of Generative AI. Any tools approved as an official accommodation for a disability through the Disability Support Office may be used consistent with the approved accommodation. For more information, see SP 2-60a Artificial Intelligence.

Aiding and Abetting: It is a violation of this Code to actively assist another in violating the Code or conceal the violation after the fact.

Alcohol/Drugs: Unauthorized use, being under the influence, manufacturing, possession, cultivating, distribution, purchase, or sale of alcohol and/or drugs (illegal and/or dangerous or controlled substance) and/or alcohol/drug paraphernalia while on CCCS-owned or CCCS-controlled property, and/or at any function authorized or supervised by CCCS, and/or in CCCS-owned or leased vehicles, regardless of whether such conduct is lawful or unlawful under applicable law.

Possession of a State of Colorado medical marijuana card does not entitle a student to possess or use marijuana on the College campus, buildings, or grounds. Although possession and use of marijuana for certain medical conditions consistent with the requirements of the Colorado Constitution is no longer a crime in the State of Colorado, the possession and use of marijuana remains illegal under federal law. Consistent with federal law, including the Controlled Substances Act and the Drug Free Schools and Communities Act, the use and/or possession of marijuana by students is prohibited on College-owned or College-controlled property, and/or any function authorized or supervised by the College, and/or in state-owned vehicles or leased vehicles. Please refer to the Amnesty Policy for more information.

Animals/Pets: Animals are not permitted on campus except as permitted by law or as specifically approved by the College.

• Please see SP 16-70a Animals on Campus, for information related to service animals and emotional support animals.
• Please see the appropriate handbook for regulations and processes for animals and pets in student housing, where applicable.

Bullying/Non-physical abuse: Bullying includes repeated and/or severe aggressive or negative actions or behaviors intentionally or reasonably likely to intimidate, hurt, control, or diminish another person, physically, mentally, or emotionally. Bullying may include direct or indirect communications in verbal or nonverbal form and specifically includes bullying by electronic means (e.g., cyberbullying). For more information, see SP19-10b Bullying and Violence.

• For more information and compliance, see SP19-10, Bullying/Violence/Firearms on Campus.

Damage and Destruction: Reckless and/or unauthorized damage to, or destruction of, College property or the individual property of another, regardless of intention. Damage or destruction of community, public, or private property.

Deceitful Acts: Engaging in deceitful acts, including, but not limited to: collusion, forgery, falsification, alteration, misrepresentation, non-disclosure, or misuse of documents, records, identification and/or educational materials, including electronic forgery and/or manipulation.

• Collusion: Action with another or others to violate the Code.
• Falsification: Furnishing or possessing false, falsified, or forged materials, documents, accounts, records, identification, or financial instruments, including electronic forgery and/or manipulation.

Discrimination and Harassment: Discrimination and harassment are defined in SP 19-60a Civil Rights and Sexual Harassment Resolution Process.

Disruptive Behavior: Engaging in any behavior that negatively affects or impedes teaching or learning (regardless of mode of delivery or class setting) or disrupts the general operation of the College.

Endangerment, Damage, and Destruction: Conduct that is detrimental to College Safety, and/or to community safety. Examples include, but are not limited to, slamming doors, throwing chairs, and/or defacing of College property or property of others.

Failure to Comply:

• Failure to comply with or follow the lawful directives of College employees acting within the scope of their duties, including those directives issued by a College administrator to ensure the safety and well-being of others. For purposes of this provision, directives issued by College employees or by a College administrator include directives issued by College employees or by a College administrator include directives that are communicated through officially posted signs or notices.
• Failure to comply with or follow the directives and/or sanctions imposed under CCCS policies and procedures. 
• Failure to identify oneself to College officials, acting in their official capacity, when requested to do so.

Fire Safety: Violation of federal, state, local, or campus fire policies including, but not limited to:

• Intentionally, recklessly, or negligently causing a fire that damages the College, individual property, or causes injury.
• Failure to evacuate a College owned, operated, or controlled facility during a fire alarm.
• Improper use of College fire safety equipment.
• Tampering with or improperly engaging a fire alarm or fire detection/control equipment while on College property.

Gambling: Gambling as prohibited by the laws of the State of Colorado or applicable law. Gambling may include, but is not limited to, raffles, lotteries, sports pools, and online betting activities. Participation in illegal gambling activities on College-owned or College-controlled property, and/or any function authorized or supervised by the College, and/or in state owned or leased vehicles.

Hazing: Defined as an act that endangers the psychological, emotional, intellectual, and/or physical health and/or safety of a student, or that destroys or removes public or private property, for the purpose of initiation, admission into, affiliation with, or as a condition for continued membership in a group, team, or organization. Additionally, hazing includes any act that places a student in a subservient role within an organization in which the student is expected, or the student reasonable believes they are expected, to obey others in the organization unquestioningly. Participation or consensual cooperation by the individual(s) being hazed does not excuse the violation. Failing to intervene to prevent, failing to discourage, and failing to report those acts may also violate this code.

Indecent Exposure: Deliberately and publicly exposing one’s intimate body parts, public urination, defecation, and public sex acts.

Non-Physical Harm: Engaging in repeated and/or severe aggressive or negative actions or behaviors that are intentional or reasonably likely to intimidate, hurt, control, or diminish another person mentally, emotionally, or psychologically. This includes bullying in any form, whether in person or by electronic means (e.g., cyberbullying, cyberstalking, cyberharassment).

• Bullying includes repeated and/or severe aggressive or negative actions or behaviors intentional or reasonably likely to intimidate, hurt, control, or diminish another person. Bullying may be direct or indirect, verbal or nonverbal, and specifically includes electronic means (e.g., cyberbullying, cyberstalking, cyberharassment).
• Conduct that places a person in reasonable fear for their safety or wellbeing, even in the absence of actual physical contact, including persistent or pervasive conduct that a reasonable person would find hostile, demeaning, or humiliating.
• Retaliatory, coercive, or controlling behavior intended to isolate, manipulate, or exert power over another individual.
• For more information, see SP 19-10b Bullying and Violence.

Physical Harm: Intentionally, recklessly, or negligently causing physical harm to any person, or engaging in conduct that creates a substantial risk of physical harm to any person. Bullying that results in or threatens physical harm is also a violation of this charge.

• Violent behavior includes any act of physical aggression, including but not limited to hitting, kicking, pushing, biting, choking, or other physical contact intended to hurt, restrain, or intimidate another person.
• A threat of physical harm is defined as direct or indirect, verbal or non-verbal conduct (including those made in person, by mail, over the telephone, by email, or by other means) intended to result in or reasonably resulting in intimidation, fear, or endangerment of the safety of another person.
• Bullying, as defined under Non-Physical Harm, that results in or threatens physical harm constitutes a violation of this charge.
• For more information, see SP 19-10b Bullying and Violence, and SP 19-10a Firearms and Weapons on Campus.

Retaliation: Any adverse action or conduct taken against a person because of the person’s participation, or perceived participation, in a conduct process or other College process. Retaliatory acts include, but are not limited to intimidation, verbal or physical threats, harassment, coercion, or other adverse action or conduct committed for the purpose of interfering with any right or privilege provided by applicable laws, policies, and procedures. Under certain circumstances, and incident of Abuse of Conduct Process may also constitute retaliation.

Rioting: Causing, inciting, or participating in any disturbance that presents a clear and present danger to self or others, causes physical harm to others, or results in damage and/or destruction of property. For more information, see SP 16-60a Facilities Access and Use.

Theft: Obtaining, retaining or exercising control over property of another without authorization, or by threat or deception, with the purpose and/or effect of depriving the person(s) to whom the property belongs of its use or benefit.

Tobacco Violation: Smoking and the use of tobacco and related products, including electronic smoking, where contrary to applicable laws or policies established by the College. This includes smoking inside buildings or in areas where smoking is posted as prohibited.

Trademark Violation: Unauthorized use, including misuse, of the College or organizational names and images without the express written consent of the institution or organization.

Unacceptable Use of College Equipment, Network or System: Unacceptable uses of any College-owned or operated equipment, network or system including, but not limited to: knowingly spreading computer viruses; reposting personal communications without the author’s consent; copying protected materials; using the network for financial or personal gain, commercial activity, or illegal activity; accessing the network using another individual’s account; unauthorized downloading/uploading software and/or digital video or music; downloading/uploading, viewing or displaying pornographic content, or any other attempt to compromise network integrity. For more information, see SP 4-32a Student Electronic Communications Acceptable Use.

Unauthorized Access and Entry: Unauthorized access to any College facility, including misuse of  keys, cards, restricted access areas, or unauthorized possession, duplication or use of other individual’s means of access to any College facility; failing to provide a timely report of a lost College identification card or key; misuse of access privileges to College premises or unauthorized entry to or use of facilities, including trespassing, propping, or unauthorized use of alarmed doors for entry into or exit from a College facility.

Violation of Laws, Directives and Signage: Violating any directive issued by a College official or signage posted by the College. Violating any applicable law or regulation, including municipal, county, state, federal, or tribal laws, or executive orders, or violating any public health orders in a manner that adversely impacts the health and well-being of the campus environment and those on campus. A determination by CCCS regarding this charge is independent of any criminal process or any other process resulting from the same underlying allegations.

Weapons Violation: Possession, use, or distribution of explosives (including fireworks and ammunition), guns (including air, BB, paintball, facsimile weapons, and pellet guns), or other weapons or dangerous objects, such as arrows, axes, machetes, nunchaku, throwing stars, or knives with a blade of longer than three (3) inches. This includes the unauthorized storage of any item that falls within the category of a weapon, including storage in a vehicle parked on College property, other than what is expressly permitted by law.

• Possession of an instrument designed to look like a firearm, explosive, or dangerous weapon is also a weapons violation under the Code.
• Intentionally or recklessly using and/or possessing a weapon or any other item in such a way that could reasonable intimidate, harass, or injure a person, or otherwise could reasonably interfere with the learning and working environment of the College shall face increased consequences.
• Students are prohibited from carrying firearms on campus, including all buildings and grounds, except under limited exceptions. Those with a valid concealed carry permit may carry concealed firearms only in campus parking areas, in accordance with state law. Students enrolled in academic programs that involve firearms may use and carry them for approved educational purposes. For further information, please consult the campus or local police and refer to the College’s housing and residential handbook, if applicable.
• For more information, see SP 19-10a Firearms and Weapons on Campus.

Violation of course, program, or activity rules: Violation of established rules as contained in courses, programs activities, regulations, or guidelines and established by departments, regulatory boards, or licensing bodies, including all Housing and Residential Education policies, as applicable.

Group Violations

A student group or organization and its officers and membership may be held collectively and individually responsible when violations of this Code occur by the organization or its member(s), including the following conditions:

• Violation(s) take place at organization-sponsored or co-sponsored events, whether sponsorship is formal or implied.
• Violation(s) have received the consent or encouragement of the organization or of the organization’s leaders or officers.
• Violation(s) were known or should have been known to the membership or its officers.
• Violations(s) that include hazing for a group or organization. (See Hazing)

Conduct meetings for student groups or organizations shall also follow the Student Behavioral Expectations and Responsibilities Resolution Procedure. In any such action, individual determinations as to responsibility will be made and restrictions, conditions, and outcomes may be assigned collectively and individually, and will be proportionate to the involvement of each individual and the organization. Procedures will begin with communication to the President or leadership of said organization.

Amnesty

Assisting an individual by calling for help in an alcohol or drug-related emergency means neither the person who calls for help, nor the person who needs help will be subject to formal investigation nor receive a formal conduct record for violation of the Alcohol/Drug provision of the Code. Students seeking assistance under these provisions may be required to meet with the SSAO and to complete educational, counseling, or other requirements aimed at addressing health and safety concerns. The requirements will be informal or on a deferred basis.

The student must fully comply with reporting to appropriate College officials for amnesty to be considered.

APPENDIX B

Definitions

Advisor

An individual selected by a student to provide support and guidance during the conduct process. Advisors may attend meetings or hearings but may not speak on behalf of the student unless permitted by institutional policy. An advisor may be, but does not need to be, an attorney.

Alternative conflict resolution

Alternative conflict resolution is a process of addressing differences that allow everyone involved to find a way to work together. Differences may be personal, financial, employment, political, emotional, or interpersonal. It is an alternative to formal investigation of a reported violation. There are many types of alternative conflict resolutions that may be utilized to work through conflict that may arise. Examples include[1]:

• Dialogue: Students engage in a conversation to gain understanding or to manage a conflict independent of intervention or third-party facilitation.
• Conflict Coaching: Students seek counsel and guidance from the Division of Student Affairs to learn more about their own conflict styles and strategies to engage in conflict in a more effective and independent way.
• Facilitated Dialogue: Students access Division of Student Affairs for facilitation services to engage in a conversation to gain understanding or manage a conflict with another party. In a facilitated dialogue, parties maintain ownership of decisions concerning the conversations or any resolutions of a conflict.
• Mediation: Students access the Division of Student Affairs to serve as a third party to coordinate a structured session aimed at resolving a conflict and/or constructing a resolution agreement for the parties involved.
• Restorative Justice Practices (conferences, circles, and boards): The Division of Student Affairs provides space and facilitation services for students taking ownership for harmful behavior and those parties impacted by the behavior to jointly construct an agreement to restore community.
• Shuttle Diplomacy: A Resolution Coordinator actively negotiates an agreement between two parties who do not wish to directly engage with one another.

College

For purposes of the conduct provisions listed in the Code, any reference to College includes CCCS and all Colleges within CCCS. For the Community College of Denver, any reference to College includes the Auraria Campus and all other constituent institutions within the Auraria Campus.

Complainant

Complainant is a person who is subject to conduct alleged to violate the Code. For purposes of this procedure, a Complainant can be a CCCS employee, student, authorized volunteer, guest, or visitor.

Generative AI

A type of artificial intelligence that can create new content, such as text, images, audio, or video, by learning patterns from large sets of sample material. Content produced using generative AI is typically not considered original student work when submitted as academic work.

Guest Institution

Another campus or institution a student visits, attends temporarily, or participates in through events, programs, or cross registration. Students are expected to follow the conduct policies of both their home institution and any guest institution they engage with.

Home Institution

The college where the student is officially enrolled and whose conduct policies primarily govern the student’s behavior.

Notification

Notification is an email from the SSAO to the student’s College-issued email address. If the student is no longer enrolled and no longer has access to a College-issued email address, notification will be accomplished using a means determined by the SSAO to be reasonably likely to reach the student. These means may include, but are not limited to, an email to the student’s known external email account or certified mail to the student’s last-known address.

Preponderance of the Evidence

The standard of proof that shows more likely than not that a violation occurred, based on what a reasonable person would determine after considering relevant evidence. This standard is utilized by the SSAO in the formal investigation process.

Reasonable Cause

A standard of information indicating that it is plausible a violation of the Student Code of Conduct may have occurred. Reasonable cause means that the information is sufficient to initiate an investigation or conduct review, but it does not imply responsibility.

Respondent

Individual(s) against whom the report was filed.

Resolution Coordinator

A Resolution Coordinator is a College official who is authorized by the SSAO to coordinate conduct resolution.

Outcomes

Outcomes are assigned and used to develop an educational and restorative experience for individuals engaging with the conduct process. Outcomes may also be put in place to ensure the safety of an individual and/or the campus community.

Sanction

An educational, corrective, or disciplinary outcome imposed when a student is found responsible for violating the Student Code of Conduct. Sanctions may range from warnings to separation from the institution, depending on the severity of the violation.

Sealed Conduct Record

A student conduct record that has been formally closed and restricted from routine access. Sealed records are maintained by the institution but are only accessible under limited circumstances as defined by policy or law.

Senior Student Affairs Officer (SSAO)

The individual designated by the College President to oversee student affairs and be responsible for administering the Code of Student Behavioral Expectations and Responsibilities. The SSAO may delegate some or all aspects of this procedure to another individual (designee/Resolution Coordinator). All references in these procedures to the SSAO include any designee. *Note: Previously referred to as Chief Student Services Officer (CSSO); other policies and procedures may also refer to this role as CSSO.

Student

For purposed of this Code, anyone who is attending or has recently attended a non-credit or academic course within the prior three terms. Withdrawal does not change student status. Students include those currently taking courses at or sponsored by the College(s), pursuing either credit or non-credit courses (or both), including those concurrently attending secondary or post-secondary institutions and College. Individuals who are solely participating in a program with a contracted partner that include classes or activities on a CCCS property are not defined as a CCCS Student.

Violation

Any action, conduct, behavior, or omissions that breaches the standards, rules, or expectations outlined in the Student Code of Conduct or other institutional policies.

Third Party

An individual or group that are external to the incident or situation that are not directly involved.

WD

The grade on a student’s transcript to indicate that the student was administratively withdrawn for cause (suspension, expulsion, etc.).