91ÖÆƬ³§

In a formal resolution process, OIEC staff interview the complainant (person alleging misconduct) and the respondent (person accused of misconduct) separately and provide each person notice and the opportunity to be heard throughout the process. The formal resolution process also includes interviews with relevant witnesses and the identification, solicitation, and review of any other relevant information. The complainant and respondent have the right to identify witnesses and provide other information as part of the investigative phase of the process.

Read information regarding tuition/fee refunds and housing charges for student respondents.

In a formal process, the complainant and respondent each have the right to:

• A process conducted by trained officials who do not have a conflict of interest or bias for or against the complainant or respondent.
• Supportive measures, as reasonably appropriate and available, before or during a formal process. Such measures are intended to maintain the educational or employment environment for all involved parties.
• Receive notice before they participate in a meeting, interview, or hearing with sufficient time to prepare for meaningful participation.
• Present relevant information, including evidence and identifying witnesses, and the right to inspect or review any evidence obtained.
• Have an advisor (legal or otherwise) of their choosing accompany them.
• If applicable to the process, a hearing where each party has a legal advisor of their choosing, or one provided by the university at no cost, to conduct cross-examination. Live hearings will be conducted virtually, with parties located in separate rooms. Hearings are closed to the public.
• The option to appeal the investigative findings or sanction as applicable.

In most cases, OIEC will not wait until a criminal case is resolved before proceeding with the case. In addition, if a CU Boulder official has a reasonable belief that a crime has been committed, they may be obligated to report that to law enforcement if the police have not already been notified. CU Boulder’s fact-finding investigation may be delayed for a short time upon a request from law enforcement, but OIEC will promptly resume the investigation as soon as possible.

For more detailed information on the formal resolution process, please review Section H(6) of the OIEC Resolution Procedures.

The informal resolution process provides a remedies-based approach specific to the circumstances of the incident but does not decide whether a policy has been violated. This process may not involve a written report. This approach allows the university to tailor responses to the unique facts and circumstances of an incident, particularly in cases where there is not a broader threat to an individual or campus safety. In these cases, OIEC may do one or more of the following when appropriate:

• Determine supportive measures available to the complainant that do not punish or penalize the person accused of the misconduct.
• Provide a remedies-based resolution tailored to the circumstances to help prevent the behavior from continuing. This can include OIEC staff meeting with the person alleged to have engaged in misconduct, providing education, establishing an agreement between involved parties, or establishing a restorative justice process.
• Provide targeted or broad-based educational programming.
• If the respondent is a student, OIEC may notify Student Conduct and Conflict Resolution.

Because the university’s primary concern is safety and to encourage reporting, minor infractions by individuals involved in an incident, such as personal consumption of alcohol or other drugs, will not be addressed through any disciplinary action against an individual who reports a concern or who participates in a resolution process, whether as a complainant, respondent, or witness. Intoxication resulting from the intentional use of alcohol/drugs, however, is not a defense against allegations of misconduct.

CU Boulder prohibits retaliation against any employee or student who reports a concern or who testifies, assists, or participates in a proceeding, investigation, or hearing related to a potential policy violation. All parties and witnesses are informed of the prohibition on retaliation, and any behavior that feels retaliatory should be reported immediately to OIEC. The process for addressing retaliation is the same as addressing other policy-related concerns.

In cases where the formal adjudication results in a finding of a policy violation, disciplinary action will be based on whether someone is a student or employee and on the applicable policy.

Factors considered in sanctioning may include severity and pervasiveness of the conduct, the relationship between the parties, whether force/violence, weapons, or threat of violence were used, whether the complainant was incapacitated (if applicable), impact on the complainant(s) and respondent(s), prior history of related conduct, and ongoing risk to safety for the complainant(s) or the university community.

Sanctions for respondents, whether a student or an employee, are determined by the factors in each case and may include educational sanctions, probation, letter of reprimand or corrective action, restrictions or denial of university services, suspension, exclusion from campus, expulsion, demotion, dock in pay, or dismissal.

For more information regarding applicable sanctions, please refer to Sections (H)(6)(e) and (f) of the OIEC Resolution Procedures.

An appeal must be submitted in writing to the Associate Vice Chancellor of OIEC or designee within five business days after the Notice of Sanction (or Notice of Finding if no sanction) is issued.

For cases involving student respondents, either the complainant or respondent may file a written appeal of the investigation and sanction as applicable.

For cases involving employee respondents, either the complainant or respondent may file a written appeal of the investigation. Any rights of appeal of a sanction shall be conducted per the procedure for appeal, if available to the employee, such as the State Personnel Rules or rules governing proceedings before the Faculty Senate Committee on Privilege and Tenure.

For more information regarding appeals as applicable, please refer to Section VII(D)(1) for Sexual Misconduct, Domestic and Dating Violence, and Stalking, Section VIII(D)(1) for Discrimination and Harassment, and Section IX(C)(2) for Conflict of Interest in Amorous Relationships of the OIEC Resolution Procedures.