Equal Opportunity and Non-Discrimination Policy

Policy Number: #902

Responsible Executive(s):

  • President

Responsible Office(s):

  • Equal Opportunity and Title IX

Date Adopted: 03-28-2025

A. Purpose

Consistent with Regis’s Jesuit values, it is the Policy of Regis University that no person shall be unlawfully excluded from participation in, be denied the benefits of, be subjected to discrimination or harassment, or face retaliation in any academic, extracurricular, research, occupational training, employment, or other education program or activity on the basis of any legally protected status in accordance with state and federal law. Prohibited conduct under this Policy will not be tolerated by Regis University and is grounds for disciplinary action, up to and including, permanent dismissal from Regis University and/or termination of employment. The University reserves the right to promote the teachings of the church and to exercise lawful preferences for Jesuit Catholics.

B. Scope

  1. This policy is applicable to employees where the Respondent is a student, employee, vendor, or guest of Regis University

  2. The procedures in this section shall be used to investigate and resolve reported matters that allege protected class discrimination.

  3. This Policy does not apply to any tenure-track faculty member claiming that they were denied tenure or not renewed as a result of prohibited discrimination. Such complaints are made pursuant to procedures set forth in the Faculty Handbook.

C. Policy

  1. Policy Statement. Discrimination prohibited under this Policy includes: the exclusion from participation in, denial of the benefits from, or subjection to unfavorable treatment in any Regis University Education Program or Activity on the basis of sex, gender identity, pregnancy, pregnancy-related conditions, parenting, sexual orientation, race, color, national and ethnic origin, age, disability, veteran status, genetic information, ancestry, or religion.

  2. Reporting Prohibited Conduct Under this Policy.

    1. Reporting to Regis University. Reports of alleged violations of this Policy may be made to the EO and Title IX Coordinator at any time in any of the following ways:

      Online: Equal Opportunity and Title IX Webpage
      Phone: 303-964-6435
      Email: titleix@regis.edu
      In person: 3333 Regis Boulevard A-20
      Main Hall 133
      Denver, CO 80221-1099

    2. Reporting to External Agencies. A person may also file a complaint of discrimination with the United States Department of Education’s Office for Civil Rights regarding an alleged violation of Title VI of the Civil Rights Act of 1964, Section 504 of the Rehabilitation Act of 1973, Age Discrimination Act of 1975, or Title IX of the Higher Education Amendments of 1972 by visiting www2.ed.gov/about/offices/list/ocr/complaintintro.html, or calling 1-800-421-3481. The U.S. Department of Education Office of Civil Rights is also located at. Lyndon Baines Johnson Department of Education Bldg., 400 Maryland Avenue, SW Washington, DC 20202-1100.

  3. Advisors. Complainants and Respondents may be accompanied by an advisor of their choice throughout the investigation. An advisor’s role is limited to assisting, advising, and/or supporting a Complainant or Respondent. An advisor is not permitted to speak for or on behalf of a Complainant or Respondent or appear in lieu of a Complainant or Respondent.

  4. Investigation Procedures. If the allegations fall within the scope of this Policy and the matter does not resolve informally, Regis will conduct a prompt, thorough, and impartial investigation of the reported discrimination. The EO and Title IX Coordinator or their designee will appoint one or more investigators who will conduct investigative meetings, gather information and evidence, and make an independent determination as to whether a violation of the Policy occurred using a preponderance of the evidence standard.

    The Respondent is presumed not responsible until a determination has been reached by the investigator.

    1. Notice of Allegations. A written Notice of Allegations will be sent to the Complainant and Respondent, constituting the initiation of the investigation. The Notice of Allegations will contain a summary of the allegation(s) or conduct at issue. This will include the identities of the parties involved, the date and location of the incident (if known), and a link to the appropriate policies. Once the Notice of Allegations has been sent to the parties, the investigation begins.

    2. Investigation Process. The Complainant and Respondent will have an equal opportunity to be heard, identify witnesses, and provide information and evidence. The investigator will gather additional information and evidence as appropriate, including, but not limited to, social media information, text messages, email messages, videos, and other records. The investigator has the discretion to determine the relevance of information and witnesses and decide whether information or evidence should be excluded as irrelevant.

    3. Determination. At the conclusion of the investigation, the investigator will provide a written determination as to whether a violation of this Policy occurred using a preponderance of the evidence standard.

    4. Timing of the Investigation. Regis strives to complete the investigation within sixty (60) Business Days from the issuance of the Notice of Allegations. All extensions of this timeframe will be communicated with the parties in writing.

  5. Appeals. The Complainant or Respondent may appeal the decision of the investigator based only on the following grounds:

    1. The existence of a procedural irregularity that materially affected the outcome;
    2. The existence of new evidence that was not reasonably available at the time the determination regarding responsibility that could have affected the outcome;
    3. The EO and Title IX Coordinator and/or investigator(s) had a conflict of interest or bias that affected the outcome.

    Appeals must be made in writing and submitted to the EO and Title IX Coordinator within three (3) business days of the receipt of the final decision. The appellate decision-maker will notify the other non-appealing party of the appeal and allow for written response from the non-appealing party. A determination regarding the appeal will be made by the appellate decision-maker within fifteen (15) business days.

  6. Acceptance of Responsibility. The Respondent may, at any time, request to resolve the investigation process or resolve specific allegation(s) by accepting responsibility for the alleged misconduct. The Title IX Coordinator will complete a summary report of the information gathered. The Title IX Coordinator will consider the request; if the request is granted, the Title IX Coordinator, in consultation with the appropriate Human Resources Administrators if the Respondent is a faculty or staff member, or the Administrators for Students if the Respondent is a student, will determine the appropriate sanction(s).

  7. Informal Resolution. The Complainant and Respondent may agree to informally resolve a matter at any time prior to a determination regarding responsibility if the Title IX Coordinator deems the matter appropriate for Informal Resolution1. The Title IX Coordinator will consider the following when determining whether to permit a matter to move to Informal Resolution:

    1. The nature of the allegations;
    2. The dynamics of power and control associated with the alleged offense or the parties involved;
    3. The Respondent’s prior known conduct;
    4. Whether there would be a continuing safety threat to the community after resolution of allegations;
    5. Whether multiple parties are involved;
    6. Any other factor deemed relevant by the EO and Title IX Coordinator in the interest of overall safety of Regis University or the safety of the parties involved.

  8. Allegations Related to Culture. Allegations related to a culture of Sexual Harassment or Non-Harassment Title IX Discrimination by a group, organization, department, division, or Regis as a whole will be investigated and resolved as closely as possible to this Policy. Resolutions for a group, organization, division of Regis will be communicated with the highest ranking member of the group, organization, department, division of Regis.

  9. Intersection of Policies. The procedures in this Policy are the exclusive means of resolving complaints of alleged protected class discrimination and Non-Harassment Title IX Discrimination brought against school district faculty, staff, or students. To the extent there are any inconsistencies between these procedures and other Regis grievance, complaint, or discipline procedures, these complaint resolution procedures will control the resolution of complaints alleging Non-Harassment Title IX Discrimination and other protected class discrimination.

D. Definitions

  1. Business Days. Any weekday not designated by Regis as a holiday or administrative closure day. When calculating a time period of Business Days specified in this Policy, the day of the event that triggers a time period is excluded.

  2. Complainant. An individual who is alleged to be the victim of conduct that could constitute prohibited discrimination under this Policy. Complainants and Respondents are referred to collectively as “parties” throughout this Policy.

  3. De Minimis Harm. Regis uses the De Minimis Harm standard when navigating cases of sex-based discrimination. Via this standard, action constitutes sex-based discrimination when individuals are treated differently or separated from one another on the basis of sex, and said treatment or separation causes more than de minimis harm.

  4. Disciplinary Sanctions. Disciplinary sanctions are imposed only after a finding of responsibility through the investigation process or an agreement through the informal resolution process.

  5. Discrimination. Any distinction, preference, advantage for or detriment to an individual compared to others that is based upon an individual’s actual or perceived protected class. The conduct must be so severe or pervasive, as well as subjectively and objectively offensive as to alter the conditions of the individual’s employment or limit/deny said person’s ability to participate in the educational program or activity. Such conduct includes, but is not limited to, threats, physical contact, violence, pranks, jokes, slurs, epithets, derogatory comments, vandalism, or verbal, graphic, or written conduct directed at an individual or individuals that is sufficiently severe or pervasive.

  6. Disparate Treatment. When an individual is treated differently based on their sex, gender, or protected class status. Disparate treatment involves intentional discrimination, such as unequal treatment in educational programs or activities.

  7. Education Program or Activity. Includes locations, events, or circumstances over which Regis exercises substantial control over both the Respondent and the context in which the Sexual Harassment occurs. This includes conduct that occurs on Regis’s property or during any Regis activity.

  8. Hostile Environment. Unwelcome conduct on the basis of a Protected Class that, based on the totality of the circumstances, is subjectively and objectively offensive and is so severe or pervasive that it limits or denies a person’s ability to participate in or benefit from Regis’s education program or activity (i.e., creates a hostile environment). Whether a hostile environment has been created is a fact-specific inquiry that includes consideration of the following:

    1. The degree to which the conduct affected the Complainant’s ability to access Regis’s education program or activity;
    2. The type, frequency, and duration of the conduct;
    3. The parties’ ages, roles within Regis’s education program or activity, previous interactions, and other factors about each party that may be relevant to evaluating the effects of the conduct;
    4. The location of the conduct and the context in which the conduct occurred; and
    5. Other alleged discrimination Regis’s education program or activity.

  9. Parental Status. A person who is a biological parent, an adoptive parent, a foster parent, a stepparent, a legal custodian or guardian, in loco parentis with respect to such a person, or actively seeking legal custody, guardianship, visitation, or adoption of such a person.

  10. Pregnancy or Related Conditions. People who are experiencing pregnancy, childbirth, termination of a pregnancy, lactation or medical conditions/recovery related to these conditions. For information about support, please review Regis’s Pregnant and Parenting Student Policy and Accommodation Process.

  11. Protected Class. Protected classes include race, color, national origin, shared ancestry, sex, gender, disability, age, religion, veteran status, marital status, pregnancy, parental status, gender identity, gender expression, sexual orientation, genetic information or any other legally protected status.

  12. Remedies. Measures designed to restore or preserve equal access to the Education Program or Activity of Regis University.

  13. Respondent. An individual who has been reported to be the perpetrator of conduct that could constitute prohibited discrimination under this Policy. Complainants and Respondents are referred to collectively as “parties” throughout this Policy.

  14. Retaliation. Intimidation, threats, coercion, or discrimination, including charges against an individual for conduct violations that do not involve sex discrimination or Sexual Harassment, but arise out of the same facts or circumstances as a report or complaint of sex discrimination, or a report or Formal Complaint of Sexual Harassment, for the purpose of interfering with any right or privilege secured by Title IX or this Policy.

E. Related Policies, Procedures, Forms and Other Resources

  1. Amorous Relationship Policy
  2. Discrimination and Bias Incident Report Form
  3. Employee Handbook
  4. Pregnant and Parenting Student Policy and Accommodation Process
  5. Student Employee Handbook
  6. Student Handbook

F. Footnotes

1 The Title IX Coordinator may, at any time, withdraw approval for the Informal Resolution and return the matter to investigation.