Section 3: Reporting Emergencies, Criminal Offenses, and Other Concerns

Reporting Emergencies: Always dial 911 in the event of an active emergency, crime, fire, life threatening or medical emergency situation.

Responsibilities and Rights in Reporting

Immediately contact any Campus Security Authority, such as an RA, Housing Director, the Student Services Office or Campus Safety & Security at 970-521-6683, if the issue is of a serious nature, or if you have questions. Faculty and Staff should create an Incident Report following these same guidelines.

As stated in the Policy Statement Procedure in Section 1: All faculty, staff and students must promptly and accurately report all suspected Clery Act Crimes and significant emergencies or dangerous situations occurring on On-Campus property, Non-Campus Property and Public Property to campus safety/security. Additionally, all employees and students should and are encouraged to report these crimes to the Sterling Police Department, or the proper law enforcement agency with jurisdiction. This is especially important when the victim of a crime elects to, or is for reason of incapacitation, unable to make such a report.

Any Student may, and is encouraged - to create either a Complaint form or an Incident Report, depending on the severity of an issue. Victims and witnesses of crimes especially, are encourage to enter an Incident Report. Anyone is able to anonymously enter a report into this system as well. This will help us in not only assisting victims, but in properly recording and reporting.

Reporting a crime to Law Enforcement is not only a Clery Act/VAWA Victims Right, but it is also a right in the State of Colorado. The Victim Rights Act became state law in 1993. This applies to certain crimes, including sexual assault. “In the state of Colorado, you have a variety of reporting options. Colorado recognizes that sometimes you just need time to know what it is you want to do and to understand what is available to you.” Visit YOU have the RIGHTco.org to learn more. “If you choose to seek medical care and have evidence of the assault collected, there are three “reporting” options available to adults aged 18-69 years old, who are not deemed at-risk by state law. In two of the options, you can seek medical care, have evidence collected, and not be asked to work with or even speak with the police.

The term “reporting” is used for these options, but only one of them means you would be “reporting” to the police.
If you experienced your sexual assault in an educational context (K-12 and college/university), you have additional rights. Visit the Legal Rights page for more information.”
https://youhavetherightco.org/services/colorado-reporting-options/

https://youhavetherightco.org/services/what-are-my-legal-rights/

Confidentiality in Reporting

You may advise the Title IX Coordinator, the Vice President for Student Services, the Coordinator of Safety & Security, or any CSA that you wish, for the information that you share to remain confidential and every effort will be made to follow through with that, but this cannot always be guaranteed. The College will protect the identity of persons who report having been victims of sexual assault, domestic violence, dating violence, or stalking to the fullest extent of the law.
CCCS employees, depending on their roles, have varying reporting responsibilities and may not be able to maintain confidentiality of information reported to them. Any person who reports concerns of civil rights violations should not assume that confidentiality or anonymity can be protected in connection with making a report.

At individual Colleges, some confidential resources may be available, such as mental health counselors, either on or off campus, campus health service providers, off-campus rape crisis resources, legal professionals, and/or members of the clergy. Except in rare circumstances, such as the existence of an immediate threat of harm, these individuals can offer options and advice without any obligation to report internally or externally unless the Complainant has requested information be shared. Other outside confidential resources are available, and the Title IX/EO Coordinator can assist in connecting an individual to these resources.

Any person who reports concerns of civil rights violations should also be aware that CCCS must issue immediate emergency notifications and/or timely warnings for incidents reported to them that are confirmed to pose a substantial threat of bodily harm or danger to members of the campus community. CCCS will make every effort to ensure that a Complainant’s name and other identifying information is not disclosed, while still providing adequate information for community members to make safety decisions in light of the danger.

Pastoral Counselors and Professional Mental Health Counselors

Northeastern does not employ or use professional or volunteer mental health or pastoral counselors on staff. The Student Services Department has a Student Guidance Coordinator, in the Student Success Center who students can meet with. They may them be referred to professional or pastoral resources within the community.
“Northeastern Junior College does not have a specific procedure or practice that encourages pastors or professional counselors to inform their college student or college employee clients of procedures to report crimes for inclusion in our crime statistics. If pastors or professional counselors choose to direct clients to our procedures, it is strictly based on their own discretion without any prompting from college officials.”

Student organizations with non-campus locations

Northeastern Junior College does not have any recognized student organizations with non-campus housing facilities or other non-campus locations. Subsequently, there is no need to arrange with local law-enforcement to monitor such for reporting of criminal activity.

Procedures for Reporting an Incident or a Crime which has occurred previously, or a Non-Emergency Situation, and writing an Incident Report

As always, please contact Campus Safety & Security or any CSA with any questions. When writing a report, be sure to include the following elements, When, Who, What, Where, How and Why. Write the narrative in step by step story form, from the beginning to the end, being sure to include these elements and as many relevant details as possible. Remember that writing a formal report means that it may become a legal document which can be used in court. Review your narrative for content, grammar and spelling, ask others that you trust for their input during this review, but also remember to keep to keep personal information confidential.
Safety and Security - Incident Report | Northeastern Junior College (njc.edu)

Reporting a Sexual Assault, Sexual Harassment and Misconduct, Domestic Violence, Dating Violence, or Stalking

The College has procedures in place that serve to be sensitive to those who report sexual assault, domestic violence, dating violence, and stalking, including informing individuals about their right to file criminal charges as well as the availability of medical attention, counseling and support services, and additional remedies to prevent contact between a complainant and an accused party, such as housing, academic, transportation and working accommodations, if reasonably available. Students and employees should contact the Title IX Coordinator at 970-521-6730.

After an incident of sexual assault and domestic violence, the victim should consider seeking medical attention as soon as possible at the Sterling Regional Medical Center, located at 615 Fairhurst Street, Sterling, Colorado 80751, or call 970-522-0122. If in the Yuma, Colorado area, go to the Yuma District Hospital, located at 1000 W 8th Avenue, Yuma, Colorado 80759, or call 970-848-5405. In Colorado, evidence may be collected even if you choose not to make a report to law enforcement. It is important that a victim of sexual assault not bathe, douche, smoke, change clothing or clean the bed/linen/area where they were assaulted, if the offense occurred within the past 96 hours so that evidence (as may be necessary to the proof of criminal activity) may be preserved. In circumstances of sexual assault, if victims do not opt for forensic evidence collection, health care providers can still treat injuries and take steps to address concerns of pregnancy and/or sexually transmitted disease.

Victims of sexual assault, domestic violence, stalking, and dating violence are encouraged to also preserve evidence by saving text messages, instant messages, social networking pages, other communications, and keeping pictures, logs or other copies of documents (if they have any) that would be useful to College hearing boards/investigators or police.

Although the College strongly encourages all members of its community to report violations of this policy to law enforcement, it is the victim’s choice whether or not to make such a report and victims have the right to decline involvement with the police. The College will assist any victim with notifying local police if they so desire. Contact a Campus Security Authority (such as an RA or other Resident Life Staff, a Coach, or a Club Sponsor), to assist the victim in contacting (or contact directly) the Title IX Coordinator (970-521-6730), the Vice President of Student Services (970-521-6657) or Campus Safety & Security (970-521-6683). The Sterling Police Department may also be reached directly by calling 911, or the Non-emergency number at 970-522-3512, in person at 421 N 4th St, Sterling, CO 80751. Additional information about the Sterling Police Department may be found online at: https://www.sterlingcolo.com/departments/police_department/index.php

If you have been the victim of domestic violence, dating violence, sexual assault, or stalking, you should report the incident promptly to the Title IX Coordinator, V.P. Steve Smith, located at the Hays Student Center, or by phone at 970-521-6730, or by email at steven.smith@njc.edu, or Campus Safety & Security, 970-521-6657 (if the victim so desires).

The Title IX Coordinator is ultimately responsible to assure (in all cases) that the behavior is brought to an end, the College acts to reasonably prevent its recurrence and the effects on the victim and the community are remedied. The Coordinator is also responsible to assure that training is conducted annually for all advocates, investigators, hearing officers, panelists and appeals officers that encompass a hearing process that protects the safety of victims and promotes accountability. Training will focus on sexual misconduct, domestic violence, dating violence, sexual assault, stalking, sexual harassment, retaliation and other behaviors that may be considered forms of sex or gender discrimination covered by Title IX and Clery Act. Training will help those decision-makers in the process to protect the safety of victims and to promote accountability for those who commit offenses.

The College will provide resources to persons who have been victims of sexual assault, domestic violence, dating violence, or stalking, and will apply appropriate disciplinary procedures to those who violate this policy. The procedures set forth below are intended to afford a prompt response to charges of sexual assault, domestic or dating violence, and stalking, to maintain confidentiality and fairness consistent with applicable legal requirements, and to impose appropriate sanctions against violators of this policy.

As time passes, evidence may dissipate or become lost or unavailable, thereby making investigation, possible prosecution, disciplinary proceedings, or obtaining protection from abuse orders that may be related to the incident more difficult. If a victim chooses not to make a complaint regarding an incident, he or she nevertheless should consider speaking with Campus Public Safety or other law enforcement, in order to preserve evidence in the event that the victim changes her/his mind at a later date.

Student Privacy

The outcome of a CCCS investigation is an educational record of a student Respondent, and is subject to privacy protections under the federal Family Educational Rights and Privacy Act (FERPA). However, CCCS observes the legal requirements to disclose the records as follows:

• Complainants in non-consensual sexual contact/intercourse, sexual exploitation, sexual harassment, stalking, and/or relationship violence incidents have an absolute right to be informed in writing of the outcome, essential findings, and sanctions without condition or limitation.
• CCCS may release publicly the name, nature of the violation, and the sanction imposed for any individual who is found to have committed a “crime of violence,” including: arson, burglary, robbery, criminal homicide, sex offenses, assault, destruction/damage/vandalism of property, and kidnapping/abduction. CCCS will release this information to the Complainant in any of these offenses regardless of the outcome.
• CCCS reserves the right to notify parents/guardians of dependent students regarding any health or safety risk, and/or change in student status or conduct situation, particularly alcohol and other drug violations. CCCS may also notify parents/guardians of non-dependent students who are under age 21 of alcohol and/or drug policy violations. Where a student is non-dependent, CCCS will contact the appropriate next of kin to inform them of situations in which there is a significant and articulable health and/or safety risk. CCCS also reserves the right to designate which CCCS officials have a need to know about individual conduct complaints pursuant to FERPA.

Assistance for Victims, Rights and Options

Regardless of whether a victim elects to pursue a criminal complaint, the College will assist victims of sexual assault, domestic violence, dating violence, and stalking and will provide each victim with a written explanation of their rights. The college shall assist victims with counseling, health, mental health, victim advocacy and legal assistance, as well as visa and immigration assistance and student financial aid services. The victim shall be made aware of services available both on the college campus and within the community. In Colorado, a victim of domestic violence, dating violence, sexual assault or stalking has the following rights:

Rights Afforded to Victims-C.R.S. 24-4.1-302.5 In order to preserve and protect a victim's rights to justice and due process, each victim of a crime shall have the following rights:
 

• The right to be treated with fairness, respect, and dignity, and to be free from intimidation, harassment, or abuse, throughout the criminal justice process;
• The right to be informed of, be present or not present, and without submitting a written request for notification, for all critical stages of the criminal justice process as specified in state statute (C.R.S. 24-4.1-302(2));
• The right to be informed of the filing of a petition by a perpetrator of the offense to terminate sex offender registration pursuant to section 16-22-113(2)(c), C.R.S.;
• The right to be informed, upon request by the victim, when a person who is accused or convicted of a crime against the victim is released or discharged from county jail; and
• The right to be informed, upon written request by the victim, when a person who is accused or convicted of a crime against the victim is released or discharged from custody other than county jail, is paroled, escapes from a secure or non-secure correctional facility or program, or absconds from probation or parole.

Further, Northeastern complies with Colorado law in recognizing orders of protection by: letting local law enforcement know about such orders, and notifying hall directors and other persons of necessity of such orders. Any person who obtains an order of protection from Colorado or any reciprocal state should provide a copy to the Vice President of Student Services/Title IX Coordinator. A complainant may then meet with the Vice President of Student Services to develop a Safety Action Plan, which is a plan for college authorities and the victim to reduce risk of harm while on campus or coming and going from campus.This plan may include, but in not limited to: escorts, special parking arrangements, providing a temporary cellphone, changing classroom location or allowing a student to complete assignments from home, etc.)

Protection from abuse orders may be available through an Emergency Protection Orders, C.R.S. 13-14-103.

Any county or district court shall have the authority to enter an emergency protection order, which may include:

• Restraining a party from contacting, harassing, injuring, intimidating, threatening, molesting, touching, stalking, sexually assaulting or abusing any other party, a minor child of either of the parties, or a minor child who is in danger in the reasonably foreseeable future of being a victim of an unlawful sexual offense or domestic abuse;
• Excluding a party from the family home or from the home of another party upon a showing that physical or emotional harm would otherwise result;
• Awarding temporary care and control of any minor child of a party involved;
• Enjoining an individual from contacting a minor child at school, at work, or wherever he or she may be found;
• Restraining a party from molesting, injuring, killing, taking, transferring, encumbering, concealing, disposing of or threatening harm to an animal owned, possessed, leased, kept, or held by any other party, a minor child of either of the parties, or an elderly or at-risk adult; or
• Specifying arrangements for possession and care of an animal owned, possessed, leased, kept, or held by any other party, a minor child of either of the parties, or an elderly or at-risk adult.

In cases involving a minor child, the juvenile court and the district court shall have the authority to issue emergency protection orders to prevent an unlawful sexual offense, or to prevent domestic abuse, when requested by the local law enforcement agency, the county department of social services, or a responsible person who asserts, in a verified petition supported by affidavit, that there are reasonable grounds to believe that a minor child is in danger in the reasonably foreseeable future of being the victim of an unlawful sexual offense or domestic abuse, based upon an allegation of a recent actual unlawful sexual offense or domestic abuse or threat of the same. Any emergency protection order issued shall be on a standardized form prescribed by the judicial department and a copy shall be provided to the protected person.

A verbal emergency protection order may be issued only if the issuing judge finds that an imminent danger in close proximity exists to the life or health of one or more persons or that a danger exists to the life or health of the minor child in the reasonably near future.

To the extent of the victim’s cooperation and consent, College offices will work cooperatively to ensure that the complainant's health, physical safety, work and academic status are protected, pending the outcome of a formal College investigation of the complaint. For example, if reasonably available, a complainant may be offered changes to academic, living, or working situations in addition to counseling, health services and assistance in notifying appropriate local law enforcement. The Student Success Center or the Vice President of Student Services will assist students with these efforts. Both are in the Hays Student Center, first floor. Written information about available accommodations shall be provide to the victim. Additionally, personal identifiable information about the victim will be treated as confidential and only shared with persons with a specific need to know who are investigating/adjudicating the complaint or delivering resources or support services to the complainant. The College does not publish the name of crime victims nor house identifiable information regarding victims in the Daily Crime Log (housed in the Vice President of Student Services Office) or online. Victims may request that directory information on file be removed from public sources by request to the Northeastern Registrar (in the Records Office, Hays 116).

Rights of Involved Parties

Throughout the civil rights and sexual misconduct resolution process, Complainants and Respondents shall be entitled to the following:

• To be treated with respect by CCCS employees.
• To take advantage of Supportive Measures and other resources, such as counseling, psychological services, and health services.
• To experience a safe living, educational, and work environment.
• To have an advisor of their choice present at any meeting.
• To have access to a Title IX/EO Coordinator, investigator(s), hearing officers/decision-maker(s) for Title IX cases, and/or other individuals assisting with the resolution process who do not have a conflict of interest or bias for or against either party.
• To receive amnesty for minor student misconduct (such as alcohol or drug violations) that is ancillary to the incident.
• To be free from retaliation.
• To be informed of the outcome/resolution of the complaint, and the sanctions and rationale for the outcome where permissible.
• To have assistance in contacting law enforcement, if desired.
• To request housing, employment, and/or educational modifications, as deemed appropriate and reasonable.

To request no further contact with the opposite party, as deemed appropriate, allowable and reasonable.

Procedures for Disciplinary Action

The Chief Student Services Officer (CSSO) or designee shall receive all allegations of student misconduct, investigate the complaints, which includes meeting with the student to give him/her the opportunity to respond to the allegations of misconduct. If the allegations of misconduct are discrimination and/or harassment based on federal or state civil rights laws, the College will investigate those incidents through CCCS System Procedure SP 19-60, Civil Rights and Sexual Misconduct Resolution Process. For incidents occurring prior to August 12, 2020, please refer to CCCS SP 3-50b and SP 4-31a via the following link: https://www.cccs.edu/about-cccs/state-board/policies-procedures/. Once the investigation is complete, either through this process or the Civil Rights Grievance and Investigation Process, the CSSO or designee shall render a sanction decision. 1. The CSSO or designee may decide that the charges can be disposed of administratively by mutual consent of the parties involved on a basis acceptable to PPCC 2020 Annual Security Report 80 them. If an administrative resolution is not achieved, the CSSO or designee shall issue a decision which determines whether the alleged conduct occurred; whether the conduct violated the Code of Conduct or College procedures; and impose a sanction(s) if appropriate. In cases of domestic violence, dating violence, sexual assault and stalking, the complainant and the respondent will be notified simultaneously in writing of the outcome of any disciplinary proceeding, as well as any changes to those results or disciplinary actions prior to the time that such results become final and shall be given the rationale for the discipline decision. The student shall receive written notice of the decision and be advised of her/his right to appeal the decision, subject to the grounds below, by filing a written appeal with the CSSO or designee within seven (7) days of service of the decision. Appeal: In the event of an appeal, the CSSO or designee shall give written notice to the other party (e.g., if the accused student appeals, the appeal is shared with the complainant who may also wish to file a response), and then the CSSO or designee will draft a response memorandum (also shared with all parties). All appeals and responses are then forwarded to the Appeals Officer or committee for initial review to determine if the appeal meets the limited grounds and is timely. The original finding(s) and sanction(s) will stand if the appeal is not timely or substantively eligible, and the decision is final. If the appeal has standing, the documentation is reviewed. Because the original finding(s) and sanction(s) are presumed to have been decided reasonably and appropriately, the party appealing the decision must specifically cite the error(s) in the original determination on which the appeal is based. The only grounds for appeal are as follows:

1.  A material procedural or substantive error occurred that significantly impacted the outcome of the hearing (e.g. substantiated bias, material deviation from established procedures); which must be explained in the written appeal; or
2. To consider new evidence, unavailable during the investigation or hearing that could substantially impact the original finding or sanction. A summary of this new evidence and its potential impact must be included in the written appeal, as well as the reasons the new evidence was not available during the original proceeding. Failure to participate in the initial process does not constitute as new information for the appeal process If the Appeals Officer or committee determines that a material procedural or substantive error occurred, it may return the complaint to the CSSO or designee with instructions to reconvene, in order to cure the error. In rare cases of bias, where the procedural or substantive error cannot be cured by the CSSO or designee, the Appeals Officer or committee may order that a new hearing be held by a different individual acting in the place of the designated CSSO or designee. The results of a reconvened hearing cannot be appealed. The results of a new hearing can be appealed once on (either or both of) the two applicable grounds for appeals. If the Appeals Officer or committee determines that new evidence should be considered, it will return the complaint to the CSSO or designee to reconsider in light of the new evidence, only. If the subject matter pertains to civil rights violations pursuant to SP 19-60 (or prior to August 12, 2020, pursuant to SP 4-31a), the Appeals Officer or committee will return the complaint to the Title IX/EO Coordinator to reconsider in light of the new evidence, only. The reconsideration of the CSSO, designee, or Title IX/EO Coordinator is not appealable. The procedures governing the hearing of appeals include the following:

• All parties should be timely informed of the status of requests for appeal, the status of the appeal consideration, and the results of the appeal decision.
• If the Appeals Officer or committee determines there is new evidence or error in the original proceeding, every opportunity to return the appeal to the CSSO or designee for reconsideration (remand) should be pursued.
• Appeals are not intended to be a full rehearing of the complaint (de novo). In most cases, appeals are confined to a review of the written documentation or record of the original hearing, and pertinent documentation regarding the grounds for appeal.
• An appeal is not an opportunity for an Appeals Officer or committee to substitute their judgment for that of the CSSO or designee, merely because they disagree with her/his finding and/or sanctions.
• Appeals decisions are to be deferential to the original decision, making changes to the findings only where there is clear error and a compelling justification to do so.
• Sanctions imposed are implemented immediately, unless the CSSO or designee stays their implementation in extraordinary circumstances, pending the outcome of the appeal.
• The Appeals Officer or committee will render a written decision on the appeal to all parties within seven (7) days of receiving the appeal request. The committee’s decision to deny appeal requests is final. Additional Process Provisions
• The student may 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 or hearing. An advisor may only consult and advise her/his advisee, but not speak for the advisee at any meeting or hearing. These procedures are entirely administrative in nature and are not considered legal proceedings. The CSSO may remove or dismiss an advisor who becomes disruptive or who does not abide by the restrictions on their participation.
• The student is responsible for presenting her/his own case and, therefore, advisors are not permitted to speak or to participate directly in any hearing, except when the student is under the age of eighteen (18) or incapacitated.
• Student shall have the right to identify documents, witnesses and other material he/she would like the CSSO or designee to review before making a final decision.
• Any hearing held shall be conducted in private unless all parties agree otherwise.
• A record of the hearing should be maintained by the CSSO or designee.
• Audio and/or Video Recording – the College, at its discretion, may audio or video record any meeting throughout the process. Should a recording exist, the student may request a copy at the end of the process. No other audio or video recording will be allowed.
• If student has a disability and would like to request an accommodation to assist her/him through the discipline process, he/she may do so by informing the CSSO or designee. The CSSO or designee will then work with disability support services to accommodate the request. Proceedings under this procedure may be carried out prior to, simultaneously with, or following civil or criminal proceedings off-campus.
• Standard of proof – the College will use the preponderance of evidence standard in the disciplinary proceedings, meaning, the College will determine whether it is more likely than not that a conduct code was violated.
• All sanctions imposed by the original decision maker will be in effect during the appeal. A request may be made to the CSSO or designee for special consideration in exigent circumstances, but the presumptive stance of the College is that the sanctions will stand. Graduation, study abroad, internships/externships, clinical placements, extra-curricular activities, etc. do not (in and of themselves) constitute exigent circumstances, and students may not be able to participate in those activities during their appeal. In cases where the appeal results in reinstatement to the College or of privileges, all reasonable attempts will be made to restore the student to their prior status, recognizing that some opportunities lost may be irretrievable in the short term.
• The procedural rights afforded to students above may be waived by the student.
• All timelines may be extended as agreed upon by both parties.

Sanctions

Once the appeal process has been exhausted, if the Respondent is found not in violation of policies or procedures outlined herein, the complaint shall be closed with no further disciplinary action. If additional concerns, outside the scope of this procedure, are identified during the course of the investigation, the findings may be shared with appropriate administrative personnel to further address, as deemed appropriate.
If the Respondent is found in violation of policies or procedures outlined herein, the findings shall be provided to the Disciplinary Authority to proceed in accordance with applicable policies:

• For classified employees, disciplinary action will be taken pursuant to the applicable State Personnel Rules and Regulations.
• For students, disciplinary action will be taken pursuant to BP and SP 4-30, Student Discipline: https://www.cccs.edu/wp-content/uploads/2013/09/SP4-30.pdf
• Instructors and Administrative, Professional-Technical (APT) employees are at-will under BP 3-10, and may not be subject to additional procedures when issuing sanctions: Policies and Procedures BP 3-10 – Administration of Personnel.

Disciplinary Authorities may consider a number of factors when determining a sanction. These factors may include, but are not limited to, the following:

• The nature, severity of, and circumstances surrounding the violation;
• An individual’s disciplinary history;
• Previous complaints or allegations involving similar conduct; and/or
• Any other information deemed relevant by the Disciplinary Authority.

The following sanctions may be imposed:

• For students: warning, probation, fines, restitution, denial of privileges, assignment to perform services for the benefit of the CCCS community, re-assignment to another class section (including the option for an on-line section), suspension, expulsion, a “Cease Communications” directive, or a “No Trespass” directive.
• For CCCS employees: warning, corrective action, probation, restitution, denial of privileges, suspension, demotion, reduction of pay, termination of employment, a “Cease Communications” directive, or a “No Trespass” directive.
• For authorized volunteers, guests, or visitors: warning, probation, denial of privileges, removal from CCCS property, a “Cease Communications” directive, or a “No Trespass” directive.

In addition to sanctions, other action may be taken as deemed appropriate to bring an end to the violation, to prevent future reoccurrence, and to remedy the effects of the violation.

Appeals for Formal Investigations

In the event of an appeal, the Title IX/EO Coordinator shall perform an initial review to determine if the appeal meets the limited grounds listed below and is timely (filed within ten [10] calendar days, as noted above). If the appeal is found to meet these criteria, the Title IX/EO Coordinator shall forward the appeal to a designated appellate officer, who shall give written notice to the opposing party and provide a suitable time frame for the opposing party to submit a written response to the appeal. The appeal and any responses shall be reviewed by the appellate officer. The party requesting an appeal must show error, as the original finding is presumed to have been decided reasonably and appropriately. The only grounds for appeal are as follows:

• A procedural error occurred that significantly impacted the outcome of the decision (e.g., substantiated bias, conflict of interest, or material deviation from established procedures). The written appeal shall specify the procedural error and how it impacted the outcome of the decision.
• The findings are not supported by substantial evidence in the investigation report or the report does not articulate a rational connection between the facts found and the decision made. The written appeal shall specify the finding(s) not supported by substantial evidence or for which the report does not articulate a rational connection between the facts found and the decision made; or
• To consider new evidence, unavailable during the original investigation, that could substantially impact the original finding(s). Any new evidence and its impact must be included in the written appeal.

If the appellate officer determines a procedural error occurred that significantly impacted the outcome of the decision, the appellate officer shall return the complaint to the Title IX/EO Coordinator with instructions to convene a new investigation or the appellate officer shall otherwise cure the procedural error.

If the appellate officer determines the findings were not supported by substantial evidence in the investigation report, the report does not articulate a rational connection between the facts found and the decision made, or new evidence substantially impacts the original finding(s), the appellate officer shall conduct or request appropriate additional steps (such as requesting additional investigation by the investigators) and/or modify the findings accordingly.

Written notice of the outcome of the appeal shall be provided simultaneously to the parties.

Counseling Center—Students
Counseling Services for Employees

Consent must be clear, knowing and voluntary. Consent is active, not passive. Silence, in and of itself, cannot be interpreted as consent. Consent can be given by words or actions, as long as those words or actions create mutually understandable clear permission regarding willingness to engage in (and the conditions of) sexual activity. Also, in order to give effective consent, one must be of legal age. Further, consent to any one form of sexual activity cannot automatically imply consent to any other forms of sexual activity. Previous relationships or prior consent cannot imply consent to future sexual acts.