Title IX Sexual Harassment Policy

Policy Number: #901

Responsible Executive(s):

  • President

Responsible Office(s):

  • Legal Affairs, Equal Opportunity and Title IX

Date Adopted: 08-14-2020

Date Revised: 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 sex in accordance with Title IX. Therefore, Regis takes all reported sexual misconduct and Sexual Harassment seriously and will promptly discipline any individuals within its control who are found responsible for violating this Policy. Additionally, reported sexual misconduct, harassment, and retaliation that does not meet the definitions and jurisdiction of this Policy will be referred for review under the Ranger Guide or Employee Handbook. 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 an employee of Regis at the time of the alleged conduct, the alleged conduct includes Sexual Harassment under this Policy, the alleged conduct occurs in the Education Program or Activity of Regis University, and the alleged conduct occurs against a person within the United States.
  2. This Policy is applicable to students where the Respondent is a Student of Regis at the time of the alleged conduct, the alleged conduct includes Sexual Harassment under this Policy, the alleged conduct occurs in the Education Program or Activity of Regis University, and the alleged conduct occurs against a person within the United States.

C. Policy

  1. Policy Statement. It is the Policy of Regis University that no person shall be excluded from participation in, be denied the benefits of, or be subjected to unlawful discrimination in employment or in any educational program or activity of the University on the grounds of sex. Sexual Harassment and Retaliation under this Policy will not be tolerated and are grounds for disciplinary action, up to and including permanent dismissal and/or termination of employment.

  2. Effective Date. The effective date of this Policy is April 1, 2025. Conduct alleged to have occurred prior to April 1, 2025 will be referred for review under the 2020 Non-Discrimination Sexual Misconduct and Retaliation Policy and Procedure.

  3. The University prohibits any member of the faculty, staff, or students from unlawful discrimination against any other faculty, staff, students, or visitors (including guests, patrons, vendors, independent contractors, or clients) to campus in violation of this Policy.

  4. Conduct prohibited under this Policy.
    Sexual Harassment, defined as conduct on the basis of sex that satisfies one or more of the following:

    1. An employee of Regis conditioning the provision of an aid, benefit, or service of Regis on an individual’s participation in unwelcome sexual conduct;
    2. Unwelcome conduct determined by a Reasonable Person to be so severe, pervasive, and objectively offensive that it effectively denies a person equal access to Regis University’s education program or activity 1;
    3. Sexual Assault 2, Dating Violence, Domestic Violence, or Stalking as defined in this Policy. 3

  5. The Title IX Coordinator and Key Title IX Official. Individuals who believe they have been subject to Sexual Harassment as defined in this Policy are strongly encouraged to report such incidents to the Equal Opportunity and Title IX Coordinator (TIXC). The Title IX Coordinator will respond promptly to all reports and Formal Complaints of Sexual Harassment. The Title IX Coordinator is available to discuss the grievance process, coordinate supportive measures, explain Regis University's policies and procedures, and provide education on relevant issues. The Title IX Coordinator may designate one or more Deputy Title IX Coordinators to facilitate these responsibilities. The Title IX Coordinator contact information is as follows.

    Interim Equal Opportunity & Title IX Coordinator. Brittany Gates
    Phone. 303-964-6435
    Email. titleix@regis.edu
    Office. 3333 Regis Boulevard A-20
    Main Hall 133
    Denver, CO 80221-1099

    In addition to the Title IX Coordinator, Regis University appoints investigators, decision-makers, and informal resolution facilitators who have roles in the formal grievance process. The Title IX Coordinator, Deputy Title IX Coordinators, investigators, decision-makers, and informal resolution facilitators receive annual training in compliance with Title IX. All administrators in these roles will not rely on sex stereotypes and will provide impartial investigations and adjudications of Formal Complaints of Sexual Harassment. All materials used to train these administrators will be publicly made available on the Regis website in accordance with Title IX requirements.

    Protected Speech. Freedom of speech and principles of academic freedom are values of Regis University. Constitutionally protected expression cannot be considered Sexual Harassment under this Policy, including discussions, communications, or actions that invoke a protected status in nature but are part of a legitimate academic exchange of ideas or artistic performance.

  6. Reporting Requirements and Options. Anyone may file a report at any time via the Equal Opportunity and Title IX Webpage on Regis’s website pursuant to the EO and Title IX Resolution Processes as proscribed below. Employees and students may also file a criminal complaint with the Denver Police Department, Adams County Sheriff, or the Thornton Police Department for crimes committed at the Thornton Campus.

    1. Reporting Requirements
      1. All Community Members. It is the responsibility of every member of the University community to foster an environment free from Discrimination, Harassment, Sexual Misconduct, and Retaliation. Colorado law requires that anyone who has reason to believe a minor (17 years of age or less) has been sexually assaulted immediately report the matter to the Denver Police Department or other local law enforcement.
      2. Employees. All Regis University Employees (except for Confidential or Privileged Employees) are considered Responsible Employees. Responsible Employees are expected to promptly report when the Responsible Employee knows of a possible incident of discrimination, harassment, or sexual misconduct. Failure to report constitutes a violation of this Policy and may subject the violator to disciplinary action. Confidential or Privileged Employees who are not Responsible Employees are required to explain their confidential status by stating they are not required to disclose to the Title IX & EO Coordinator (TIXC).
      3. Students and Student Employees. Students and Student Employees are encouraged to report knowledge of prohibited conduct.
      4. Campus Security Authorities. Students, staff, or faculty who have been identified under the Clery Act must report the crimes of sexual assault, dating violence, domestic violence and stalking to the designated department who collects crime statistics for inclusion into the Annual Security Report. The designated department is Campus Safety.

    2. Choice. An alleged victim of discrimination, harassment, sexual misconduct, or retaliation has the right to choose whether to report to the University themselves. While a Complainant can choose not to report allegations of prohibited conduct, please be aware that the University cannot act to address situations if not notified or otherwise made aware of an incident(s).

    3. Anonymous Reporting. Anonymous reports will be reviewed and addressed in the best manner possible. Anonymity may greatly limit Regis University’s ability to stop the alleged conduct, collect evidence, or take action against parties accused of violating this Policy.

    4. Amnesty. Sometimes complainants or witnesses are hesitant to report to University officials or participate in resolution processes because they fear that they may be accused of policy violations, such as underage drinking, at the time of the incident. To encourage good faith reporting, Regis University pursues a policy of offering reporting parties and witnesses amnesty from minor policy violations related to the incident, such as personal consumption of drugs or alcohol. Regardless of the provision, voluntary use of drugs or alcohol is never a valid defense to a violation of this policy.

    5. Privileged or Confidential vs. Non-Confidential Resources. A student or employee who has either been a target of or accused of discrimination, harassment, or sexual misconduct, and wishes to keep their identity and information private and confidential, should seek a confidential resource listed below. A student or employee who has either been a target of or accused of discrimination, harassment, or sexual misconduct, and wishes to report an incident, should seek a non-confidential resource listed below. The non-confidential resources will protect a student or employee’s privacy by limiting the people with whom they share the reported information; however, non-confidential resources cannot guarantee complete confidentiality, as they must notify and report to TIXC. Both on and off campus confidential resource contact information can be found on Regis's Equal Opportunity and Title IX Webpage.

      1. Privileged or Confidential Reporting Resources. Privileged or Confidential Employees are employees who are not required to report to the EO and Title IX Coordinator (TIXC) or law enforcement unless there is a statutory duty to do so, such as instances of child abuse and neglect or threats of homicide or suicide. Individuals may elect to report to privileged or confidential resources first if they are unsure of what next steps they would like to take. Privileged or Confidential Employees include:

        1. Office of Counseling and Personal Development Counselors and Staff
        2. Jesuits and those studying to become a Jesuit (when acting in the capacity as a priest)
        3. University Ministry Staff (excluding peer ministers)
        4. Assistant Director of Victim Advocacy and Violence Prevention
        5. Victim Advocacy and Violence Prevention’s Confidential Victim Advocates
        6. Student Health Services Providers and Staff

      2. Non-Confidential Reporting Options. Non-confidential reporting options will take action in response to your report.

        1. Equal Opportunity and Title IX Coordinator (TIXC). The TIXC is an employee charged with receiving and implementing university processes in response to allegations of discrimination under this Policy. This may include assigning supportive measures, investigating allegations of discrimination, convening hearings, and providing preventative training. The TIXC is not a victim’s advocate and administers their duties in a neutral and unbiased manner. They make no determination as to whether there has been a violation of this Policy or what sanctions should be implemented. The TIXC is not an emergency contact person that provides immediate assistance for anyone who has been sexually assaulted or is a victim of a crime. The Title IX Coordinator (TIXC) can be reached at the following:

          By mail or in person.
          3333 Regis Boulevard A-20
          Main Hall 133
          Denver, CO 80221-1099
          By phone. 303-964-6435
          By email. titleix@regis.edu
          Online. Equal Opportunity and Title IX Webpage

        2. Regis University’s Campus Safety. Regis University does not tolerate violence and strongly encourages all persons who feel they may have been a victim of violence while on campus or participating in a University endeavor to report the incident to Regis University’s Campus Safety Office. Victims may notify proper law enforcement authorities, including Regis University’s Campus Safety and local police; be assisted by Regis’s Campus Safety Office in notifying law enforcement authorities if the victim so chooses; or decline to notify such authorities. The TIXC will assist a victim in notifying Regis’s Campus Safety Office and/or local police if requested by the victim. An individual who believes they have been a victim of sexual violence is encouraged to immediately contact the Regis’s Campus Safety at (303) 458-4122. An officer will:

          1. Provide for the person's immediate need for satefy;
          2. Notify 911 for medical assistance as needed;
          3. Provide a transportation taxi-voucher to the emergency room if requested;
          4. Gather information pertaining to the incident;
          5. Advise the person on obtaining a restraining order, and by request, notify TIXC, Student Conduct, or Human Resources so contact between the two parties can be limited; and
          6. Call the TIXC to assist in the matter.

          It is important to preserve any evidence of the incident as it may be necessary to prosecute a crime or obtain an order of protection. An individual is strongly encouraged not to shower, douche, brush teeth, eat, or change clothing in an effort to preserve physical evidence. If a victim changes clothes, a victim is encouraged to put all clothing worn at the time of the incident into a paper bag.

        3. Reporting to Regis’s Bias Incident Response Team (BIRT). BIRT is a team of Regis University staff who voluntarily oversee cases in which the allegations don’t fulfill the severe, pervasive, and objectively offensive threshold necessary to substantiate a Formal Complaint under this Policy. If the TIXC determines that a report does not meet the severe or pervasive threshold, and upon Complainant’s request, the matter is assigned to BIRT. BIRT’s function requires voluntary participation from all parties.

        4. Reporting to Law Enforcement. Complainants and witnesses have the option to report or decline to report all incidents of sexual misconduct and other incidents of discrimination and harassment that rise to potentially criminal violations to law enforcement. An investigation conducted by the University is distinct from any investigation conducted by law enforcement, and will not automatically be shared with Regis University. A Complainant who wishes for both a Regis University response and a Law Enforcement response will need to report in both locations.

          1. Denver Police Department
            1311 West 46th Avenue Denver, CO, 80221
            Non-Emergency Phone: 720-913-0560
            Email: 1.Dist@denvergov.org
          2. Thornton Police Department
            9551 Civic Center Dr.
            Thornton, CO 80229
            Non-Emergency Phone: 720-997-5124
            Email: policedept@thorntonco.gov
          3. Adams County Sheriff
            4430 S. Adams County Pkwy, Suite W5400
            Brighton, CO 80601
            Non-Emergency Phone: 303-288-1535
            Email: communityconnections@adcogov.org

        5. Reporting externally to the US Department of Education. 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.

    6. Time Limits on Reporting. There are no time limits on reporting Sexual Harassment to the TIXC or Regis University. If the Respondent is no longer subject to the Education Program or Activity of Regis University or significant time as passed, Regis will have limited ability to investigate, respond, and/or provide disciplinary sanctions and remedies.

  7. Retaliation 4, False Complaints, False Information. Retaliation, false complaints, and false information are prohibited under this Policy. Any individual who retaliates against an individual for the purpose of interfering with any right or privilege secured by this Policy, including but not limited to reporting information, making a complaint, acting as a witness, assisting, or participating or refusing to participate in any manner in any investigation, proceeding, or hearing, including an informal resolution process, or who knowingly or recklessly files a false complaint claiming a violation of this Policy, or who knowingly or recklessly provides false information in the implementation of the process to enforce this Policy, may be subject to disciplinary action 5. Regis will not discipline a party, witness, or others participating in the grievance procedures for making a false statement based solely on the determination whether a violation of this Policy occurred.

  8. Initial Response to Reported Sexual Harassment. Upon receipt of a report of Sexual Harassment, the TIXC will promptly contact the Complainant, regardless of whether the Complainant was the individual who initiated the report. During the initial contact with the Complainant, the Title IX Coordinator will provide the Complainant with notice of their option to have an advisor, explain the process for filing a Formal Complaint, explain the Grievance Process, discuss the availability of Supportive Measures regardless of whether a Formal Complaint is filed, and consider the Complainant’s wishes with respect to Supportive Measures.

    1. Availability of Supportive Measures. Supportive measures are non-disciplinary, non-punitive individualized services offered as appropriate and as reasonably available to the Complainant or Respondent before or after the filing of a Formal Complaint, or where no Formal Complaint has been filed. Supportive Measures are designed to ensure equal educational access, protect safety, and/or deter any continuation of any prohibited conduct. They may not unreasonably burden either party. They may terminate at the conclusion of the grievance process, unless Regis permits their extension.

      1. With the advice and consultation of the TIXC, and where appropriate, the Victim Advocate and Violence Prevention Office, the Office of Student Affairs, Student Disability Services, or Human Resource Services, assists students or employees with Supportive Measures such as no contact directives or/and academic, housing, counseling, increased security and monitoring of certain areas of the campus, leaves of absence, changes in class, work, housing, or extracurricular or any other activity, and transportation accommodations, as are reasonably available, regardless of whether or not there is a comparable alternative. Regardless of whether a student or employee decides to report a violation of this Policy, supportive measures and accommodations are available upon the either party’s request and will be implemented when they are reasonably available.
      2. Regis will maintain any accommodation or supportive measures provided to the victim confidential to the extent that maintaining such confidentiality would not impar the ability of the institution to provide the accommodation or supportive measure(s).
      3. At any time, a student or employee may seek a court-issued protective order at the Denver Court Clerk’s Office via phone number 303-606-2300. If an order of protection, no contact directive, restraining order, or another similar lawful order issued by a criminal, civil, or tribal court is obtained, a copy should be provided to Regis University’s Campus Safety Department and the TIXC. The University and Regis’s Campus Safety Department will take all legal and reasonable steps to implement such an order.

    2. The TIXC will provide written notification to students and employees about existing resources available for victims within the institution for counseling, health, mental health, victim advocacy, legal assistance, visa and immigration assistance, and student financial aid, and other services, available for victims.

    3. Emergency Removal. In cases where University officials have reasonable fears about safety on campus due to a Respondent’s continued presence on campus following a report of Sexual Harassment, the University reserves the right to remove the Respondent on an emergency basis. Regis University will only conduct an emergency removal after:

      1. Undertaking an individualized safety and risk analysis,
      2. Determining that an immediate threat to the physical health or safety of any student or other individual arising from the allegations of Sexual Harassment justifies removal, and
      3. Providing the Respondent with notice and an opportunity to challenge the decision to the TIXC within three (3) Business Days following the removal.

    4. Administrative Leave. Regis may place a non-student employee Respondent on administrative leave during the pendency of the grievance process in this Policy.

  9. Formal Complaint. Regis University will investigate all allegations of Sexual Harassment in a Formal Complaint.

    1. A Formal Complaint must:

      1. Contain an allegation of Sexual Harassment against a Respondent;
      2. Request that Regis University investigate the allegation; and
      3. Be signed by the Complainant or Title IX Coordinator

    2. In limited circumstances, if a Complainant does not sign a Formal Complaint, the TIXC may sign a Formal Complaint. In determining whether to sign a Formal Complaint, the TIXC will consider factors that include but are not limited to:

      1. Whether there have been other reports of Sexual Harassment and other relevant misconduct concerning the same Respondent, whether or not the incidents occurred while the Respondent was a Regis University student or employee;
      2. Whether the Respondent threated further Sexual Harassment or other misconduct against the Complainant or others;
      3. Whether the alleged Sexual Harassment was committed by multiple perpetrators;
      4. The nature and scope of the alleged Sexual Harassment including whether the Sexual Harassment was perpetrated with a weapon;
      5. The ages and roles of the Complainant and the Respondent;
      6. Whether Regis can pursue the investigation without the participation of the Complainant (e.g., whether there are other available means to obtain relevant evidence of the alleged Sexual Harassment such as security cameras or physical evidence);
      7. Whether the report reveals a pattern of perpetration (e.g., perpetration involving illicit use of drugs or alcohol) at a given location or by a particular group.

    3. Consolidation of Formal Complaints. Regis may consolidate Formal Complaints of Sexual Harassment against more than one Respondent, or by more than one Complainant against one or more Respondents, or by one party against another party, when the allegations arise out of the same facts or circumstances.

  10. Dismissal of Formal Complaints.

    1. Required Dismissal. The TIXC will dismiss a Formal Complaint of Sexual Harassment if:

      1. The complaint would not constitute a violation of this Policy even if proved;
      2. The conduct alleged did not occur in the Education Program or Activity of Regis University; or
      3. The conduct alleged did not occur against a person in the United States.

    2. Permissive Dismissal. The TIXC may dismiss a Formal Complaint or any allegations within the Formal Complaint, if at any time during the investigation or hearing:

      1. The complaint notifies the TIXC in writing that the Complainant would like to withdraw the Formal Complaint or any allegations therein and the TIXC declines to initiate a complaint;
      2. The Respondent is not participating in Regis’s education program or activity and is not employed by Regis; or
      3. Specific circumstances prevent the University from gathering evidence sufficient to reach a determination as to the Formal Complaint or allegations therein.

    3. Appeal of Dismissal. Either party may appeal the dismissal of a Formal Complaint or any allegations therein. For information on how to appeal, see Appeals below.

  11. Grievance Process. Regis University has adopted a grievance process that provides for the prompt and equitable resolution of Formal Complaints. This process provides procedures for formally or informally addressing Formal Complaints of Sexual Harassment. Remedies are provided to a Complainant where a determination of responsibility for Sexual Harassment has been made against a Respondent, and Disciplinary Sanctions are not imposed against a Respondent prior to the completion of the grievance process.

    1. General Grievance Process Information.

      1. Timeframes for Grievance Process. The University will strive to resolve a complaint within one hundred and twenty (120) calendar days of receiving it, though certain resolutions may take longer depending on the circumstances. If resolution will take longer than one hundred and twenty (120) calendar days for good cause, the parties will be given notice and an explanation in writing. Examples of good cause for delay may include but are not limited to considerations such as the absence of a party, a party’s advisor, or a witness; concurrent law enforcement activity; or the need for language assistance or an accommodation of disabilities. Delays for good cause will typically not exceed 10 calendar days. The University’s internal investigation is separate from the investigation of outside law enforcement agencies, and the University will only delay its investigation due to an outside investigation if particular circumstances warrant such a delay.
      2. Notice of Meetings, Interviews, and Hearings. Parties and witnesses will be provided notice of any meeting, interview, and/or hearing with sufficient time to prepare to participate. The notice will include the date, time, location, participants and purposes of the meeting, interview, and/or hearing.

    2. Notice of Allegations. Upon receipt of a Formal Complaint, Regis will provide Notice of Allegations to the parties who are known. The Notice of Allegations will contain the following information:

      1. The party’s rights and options.
      2. Regis’s grievance process and any informal resolution process.
      3. Sufficient information available at the time to allow the parties to respond to the allegations, including the identities of the parties involved in the incident(s), the conduct alleged to violate this Policy, and date(s) and location(s) of the alleged incident(s).
      4. The Respondent is presumed not responsible for the alleged conduct and that a determination regarding responsibility is made at the conclusion of the grievance process.
      5. The parties may have an advisor of their choice, who may be, but is not required to be an attorney, and that the advisor may inspect and review evidence.
      6. The Employee Handbook and Ranger Guide provision that prohibits knowingly making false statements or knowingly submitting false information during the grievance process.
      7. A statement that Retaliation is prohibited.
      8. The parties are entitled to an equal opportunity to access the relevant and not otherwise impermissible evidence. If, in the course of an investigation, Regis decides to investigate additional allegations of violations of this Policy by the Respondent that are not included in the notice, Regis will update the Notice of Allegations and notify the parties in writing of the additional allegations.

    3. Investigation and Procedures. The University investigation and resolution proceedings shall be an prompt, fair, and impartial investigation of Formal Complaints.

      1. Presumption of Not Responsible. The Respondent is presumed not responsible for the alleged conduct unless a determination regarding responsibility is made at the end of a grievance process.
      2. Burden of Proof and Burden of Gathering Evidence. The burden is on Regis, not the parties, to conduct an investigation that gathers sufficient evidence to reach a determination regarding responsibility. All investigations and proceedings, including hearings, related to Sexual Harassment will be conducted using a “preponderance of the evidence” (more likely than not) standard.
      3. Medical Records. Regis will not access, consider, disclose, or otherwise use party’s records that are that are made or maintained by a physician, psychiatrist, psychologist, or other recognized professional or paraprofessional acting in the professional’s or paraprofessional’s capacity, or assisting in that capacity, and which are made and maintained in connection with the provision of treatment to the party, unless Regis obtains that party’s voluntary, written permission to do so for the grievance process within the Policy.
      4. Privileged Information. Regis will not require, allow, rely upon, or otherwise use questions or evidence that constitute, or seek disclosure of, information protected under a legally recognized privilege, unless the person holding the privilege has waived the privilege.
      5. Investigation of Formal Complaint. During the investigation and resolution of a Formal Complaint, Regis will treat Complainants and Respondents equitably. During all meetings and interviews the parties may be accompanied by an advisor of their choice, which can be, but is not required to be an attorney. The 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.
        1. Opportunity to Provide Information and Present Witnesses. Each party will be provided an equal opportunity to provide information to the investigator and present witnesses for the investigator to interview. The information provided by the parties can include inculpatory and exculpatory evidence. The witnesses can include both fact witnesses and expert witnesses.
        2. Opportunity to Inspect and Review Evidence. Each party will be provided an equal opportunity to inspect and review any evidence obtained as part of the investigation that is directly related to the allegations raised in the Formal Complaint, including evidence upon which Regis does not intend to rely upon in reaching a determination regarding responsibility. This review includes inculpatory and exculpatory evidence that is obtained by a party, witness, or other source. Each party and their advisor (if any) will be provided an electronic copy of the evidence for inspection and review. The parties will have ten (10) Business Days to review and submit a written response to the investigator. The investigator will consider the written responses prior to completing an investigative report. All evidence provided during the inspection and review phase will be available for the purposes of the hearing.
          1. Investigative Report. Following the opportunity to inspect and review evidence directly related to the allegations raised in the Formal Complaint, the investigator will create an investigative report that fairly summarizes relevant evidence obtained during the investigation. At least ten (10) Business Days prior to the hearing, the investigator will provide each party and the party’s advisor (if any) an electronic copy of the investigative report for their review and written response.
          2. Investigation Timeframe. The investigation of a Formal Complaint shall be concluded within 90 Business Days of the filing of a Formal Complaint. The parties will be provided updates on the progress of the investigation.

    4. Live Hearing. At the conclusion of the investigation, Regis will provide for a live hearing for all allegations of Sexual Harassment that have not been dismissed or resolved through the Informal Resolution Process 6. At the request of either party, or at the discretion of the TIXC, Regis will provide for the live hearing to occur with the parties located in separate rooms with technology enabling the decision-makers and parties to simultaneously see and hear the other party or witness answering questions.

      1. Decision-Makers. The TIXC will convene Regis’s Hearing Panel, who will oversee the hearing and make a determination regarding responsibility based on the preponderance of the evidence standard. The Hearing Panel shall consist of three (3) volunteer employees . The Hearing Panel will not include the Title IX Coordinator or the individual who served as the Investigator. The Hearing Panel will be trained, impartial, and without a conflict of interest. The TIXC or designee will appoint a Chair of the Hearing Panel.
      2. Challenge to the decision-makers. Either party may challenge the appointment of a decision-maker, based on conflict of interest or bias, in writing to the TIXC no less than five (5) Business Days prior to the scheduled hearing.
      3. Right to an Advisor. The Complainant(s) and Respondent(s) may each have one (1) advisor of their choice at the live hearing or any related meeting. The advisor may be, but is not required to be, an attorney. If a party does not obtain their own advisor, the University will appoint one for them from a voluntary pool of Advisors trained by the TIXC. Advisors are required to cross-examine all parties and witnesses but may not answer questions on behalf of their party or otherwise participate in the hearing. Regis University may permit parties to have more than one Advisor upon special request to the TIXC. The decision to grant this request is at the sole discretion of the TIXC and will be granted equitably to all parties.
        1. Choosing an Advisor who is also a witness in the process creates potential for bias and conflict-of-interest. A party who chooses an Advisor who is also a witness can anticipate that issues of potential bias will be explored by the Hearing Panel.
        2. The parties are expected to inform the Investigator(s) and TIXC of the identity of their Advisor at least two (2) Business Days before the date of their first meeting with Investigators, or as soon as possible if a more expeditious meeting is necessary or desired.
        3. A party may elect to change Advisors during the process and is not obligated to use the same Advisor throughout.
        4. The parties are expected to provide timely written notice to the TIXC if they change Advisors at any time. It is assumed that if a party changes Advisors consent to share information with the previous Advisor is terminated, and a release for the new Advisor must be secured. The Advisor may be a friend, mentor, family member, attorney, or any other individual a party chooses to advise, support, and/or consult with them throughout the resolution process. The parties may choose Advisors from inside or outside of the Regis University community.
        5. If the parties choose an Advisor from outside the pool of those identified by the TIXC, the Advisor may not be trained by the TIXC and, thus, may not be familiar with University policies and procedures.
        6. Under U.S. Department of Education regulations applicable to Title IX, cross-examination is required during the hearing and must be conducted by the parties’ Advisors. The parties are not permitted to directly cross-examine each other or any witnesses. If a party does not have an Advisor for a hearing, the TIXC will appoint a trained Advisor for the limited purpose of conducting any cross-examination. A party may reject this appointment and choose their own Advisor, but they may not proceed without an Advisor. If the party’s Advisor will not conduct cross-examination, TIXC will appoint an Advisor who will do so thoroughly, regardless of the participation or non-participation of the advised party in the hearing itself.
        7. The parties may be accompanied by their Advisor in all meetings and interviews at which the party is entitled to be present, including intake and investigation interviews. Advisors should help the parties prepare for each meeting and are expected to advise ethically, with integrity, and in good faith.
        8. All Advisors are subject to the same University policies and procedures, whether or not they are attorneys.
        9. Advisors are expected to advise their advisees without disrupting proceedings.
        10. The parties are expected to respond to questions on their own behalf throughout the investigation phase of the resolution process. Although the Advisor generally may not speak on behalf of their advisee, the Advisor may consult with their advisee, either privately as needed, or by conferring or passing notes during any resolution process meeting or interview. For longer or more involved discussions, the parties and their Advisors should ask for breaks to allow for private consultation.
        11. Any Advisor who oversteps their role as defined by this Policy will be warned only once. If the Advisor continues to disrupt or otherwise fails to respect the limits of the Advisor role, the meeting will be ended, or other appropriate measures implemented. The TIXC will determine how to address the Advisor’s non-compliance and future role.
        12. Advisors are expected to maintain the privacy of the records shared with them. These records may not be shared with third parties, disclosed publicly, or used for purposes not explicitly authorized by the university. The university may seek to restrict the role of any Advisor who does not respect the sensitive nature of the process or who fails to abide by the university’s privacy expectations.
        13. Regis University generally expects an Advisor to adjust their schedule to allow them to attend meetings, including investigation interviews. Scheduled meetings may change to accommodate an Advisor’s inability to attend, if doing so does not cause an unreasonable delay.
        14. Regis University may make reasonable provisions to allow an Advisor who cannot attend in person to attend a meeting by telephone, video conferencing, or other similar technologies as may be convenient and available.
      4. Recording of the Hearing. Regis will create an audio or audiovisual recording of all live hearings and make the recording available to the parties for inspection or review.
      5. Hearing Process Facilitator. Regis may designate a hearing process facilitator to coordinate the hearing, including, but not limited to, coordination and scheduling of the hearing, the logistics of physical or virtual rooms for parties and/or witnesses, including separation of parties; ensuring all technology is working appropriately; ensuring the parties have access to electronic documents during the hearing; distributing materials; etc. The facilitator may also be the Title IX Coordinator. The facilitator may invite the parties and their advisors, separately, to a meeting prior to the hearing to review the hearing process for the purpose of ensuring a smooth hearing. This meeting is separate from any pre-hearing conference as discussed below.
      6. Pre-Hearing Matters. To streamline the hearing process, the Hearing Panel may request the submission of questions prior to the hearing through electronic submission and/or a pre-hearing conference.
        1. Pre-Hearing Submission of Questions. The Hearing Panel Chair may request the parties submit questions, in writing, prior to the hearing. This submission does not preclude the advisor from asking additional questions live during the hearing. The Chair may allow for the pre-hearing submission of questions regardless of whether a pre-hearing conference occurs.
        2. Pre-Hearing Conference. The Hearing Panel Chair may hold a pre-hearing conference to further streamline the live hearing, especially in complex cases involving multiple Complainants, Respondents, and/or a significant number of witnesses. During the pre-hearing conference, parties and their advisors will meet with the Chair separately to review written questions previously submitted and/or to submit, in writing, any questions they wish to ask during the live hearing so that the Chair can be prepared to respond to the relevancy of said questions during the live hearing. The Chair may discuss any preliminary relevancy determinations regarding submitted questions and/or discuss alternative ways in which to ask questions; however, the Chair will make final relevancy determinations in real-time, orally, during the live hearing. This conference does not preclude the advisor from asking additional questions live during the hearing. At the pre-hearing conference, the decision-maker may also hear arguments regarding the relevance of the evidence identified in the investigation report as relevant or not relevant, and/or related to the allegations.
      7. Hearing Documents. The Hearing Panel or hearing facilitator will provide parties with a copy of all materials provided to the Hearing Panel about the matter.
      8. Accommodation Requests. Participants in need of disability related accommodations and/or interpretation services during the hearing must contact the TIXC with said requests five (5) Business Days prior to the hearing.
      9. Participants in the Hearing. Participants in the hearing include the Hearing Panel, the investigator(s) who are conducting the investigation, the parties, advisors to the parties, witnesses and anyone providing authorized accommodations. In addition, Regis may have a hearing facilitator present. Any witnesses scheduled to participate in the hearing must have been first interviewed by the investigator or have provided a written statement or answered questions from the investigator in writing. The Hearing Panel Chair or hearing facilitator will provide the names of all persons participating in the hearing to the parties in the Notice of Hearing described below.
      10. Hearing Process. The live hearing will include the following phases.
        1. Notice of Hearing. After the investigative report has been completed and at least ten (10) Business Days prior to the date set for the hearing, the parties and their advisors (if any) will be provided with a Notice of Hearing. The Notice will include the date, time, location, names of the Hearing Panel, names of all participants in the hearing, and the location (virtual or in person) of the hearing.
        2. Opening Statements. Each party will have the opportunity to present an opening statement to the Hearing Panel.
        3. Questioning of Hearing Participants. Questions of parties and witnesses will occur in the following manner.
          1. By the Hearing Panel. the Hearing Panel Chair will ask initial questions of the participants at the hearing.
          2. By the Advisors. After the Hearing Panel Chair asks questions of a participant, each party’s advisor will be permitted to ask relevant questions and follow up questions orally, directly, and in real time of the participant. The parties are never permitted to ask questions of participants directly.
          3. Before a Complainant, Respondent, or witness answers a cross-examination or other question, the Hearing Panel must first determine whether the question is relevant and explain any decision to exclude a question as not relevant.
        4. Evidence and Questions Excluded. The following types of evidence, and questions seeking that evidence, are impermissible (i.e., will not be accessed or considered, except by Regis to determine whether one of the exceptions listed below applies; will not be disclosed; and will not otherwise be used).
          1. Sexual Predisposition or Prior Sexual Behavior of the Complainant 7. Questions about the Complainant’s sexual predisposition or prior sexual behavior are not relevant and will not be permitted, unless offered to prove that someone other than the Respondent committed the conduct alleged by the Complainant, or if the questions and evidence concern specific incidents of the Complainant’s prior sexual behavior with respect to the Respondent and are offered to prove Consent. The fact of prior consensual sexual conduct between the Complainant and Respondent does not by itself demonstrate or imply the Complainant’s Consent to the alleged Sexual Harassment or preclude determination that Sexual Harassment occurred.
          2. Privileged Information. Evidence that is protected under a privilege recognized by Federal or State law or evidence provided to a confidential employee, unless the person to whom the privilege or confidentiality is owed has voluntarily waived the privilege or confidentiality
          3. Medical Records. A party’s or witness’s records that are made or maintained by a physician, psychologist, or other recognized professional or paraprofessional in connection with the provision of treatment to the party or witness, unless Regis obtains that party’s or witness’s voluntary, written consent for use in its grievance procedures; and
        5. Party or Witness Does Not Submit to Cross-examination. If a Complainant or Respondent or witness fails to appear at a scheduled hearing, the Hearing Panel may proceed with the hearing, unless the Chair excuses the absence at which point a new hearing date will be selected. If a party or witness does not submit to cross-examination by an advisor at the live hearing, the Hearing Panel will not rely on any statement of that party or witness in reaching a determination regarding responsibility. However, members of the Hearing Panel may not make negative inferences regarding responsibility based solely on refusal to participate in the process, submit to cross-examination or answer questions from the Hearing Panel.
        6. Closing Statements. Each party will have the opportunity to present a closing statement to the Hearing Panel.

  12. Determination Regarding Responsibility. Following the hearing, the Hearing Panel shall meet and render a determination regarding responsibility by a majority vote. Hearing Panel deliberations shall not be recorded. Within ten (10) Business Days after the hearing, the Hearing Panel’s determination shall be written by the Chair and provided to the Complainant and Respondent simultaneously.

    1. The written notice of determination will include the following:

      1. Identification of the allegations,
      2. description of the procedural steps taken from the receipt of a Formal Complaint through the determination (including any notifications to the parties, interviews with parties and witnesses, site visits, methods used to gather other evidence, and hearings held),
      3. findings of fact supporting the determination
      4. conclusions regarding the application of this Policy to the facts
      5. a statement of, and rationale for, the result as to each allegation, including a determination regarding responsibility
      6. any disciplinary sanctions that Regis imposes on the Respondent,
      7. whether remedies designed to restore or preserve equal access to the education program or activity of Regis will be provided to the Complainant 8, and
      8. the procedures and permissible bases for the Complainant and Respondent to appeal.

    2. The decision of the Hearing Panel shall be final and binding unless appealed following the process outlined below. A copy of the Hearing Panel’s written determination shall be provided to the TIXC and the Dean of Students for student Respondents, or the immediate supervisor for employee Respondents.

      1. In cases against employees, the direct supervisor of the Respondent may postpone the sanctions or suspend the Respondent, with pay, until the time to appeal the determination has expired or the appeal process has been exhausted.
      2. In cases against students, the Dean of Students or designee may execute an interim suspension pending appeal under the Interim Action section of the Student Handbook.

    3. Following a determination that a violation of this Policy occurred, the TIXC will, as appropriate,

      1. Coordinate the provision and implementation of remedies to a Complainant and other people Regis identifies as having had equal access denied by discrimination;
      2. Coordinate the imposition of any disciplinary sanctions on a Respondent, including notification to the Complainant of any such disciplinary sanctions; and
        1. Upon written request, Regis will disclose to the Complainant of a crime of violence or a non-forcible sex offense the report on the result of any disciplinary proceeding conducted by the institution against a student
        2. If the Complainant is deceased as a result of such crime or offense, the next of kin of such victim shall be treated as the Complainant only for purposes of this paragraph.
      3. Take other appropriate prompt and effective steps to ensure that sex discrimination does not continue or recur within Regis’s education program or activity.

  13. Disciplinary Sanctions.

    1. Violations of this Policy are subject to disciplinary action. Neither the Hearing Panel nor any appeals body or officer(s) will deviate from the range of recommended sanctions unless compelling justification exists to do so. This will be documented in the decision-making process, if applicable, and included in the written outcome. Decisions are made with consideration of the severity of the incident, and any previous disciplinary violations, as well as discipline imposed in similar cases. Possible sanctions for a person found to be in violation of this Policy include, but are not limited to, the following:

      1. Oral or written reprimand;
      2. Required attendance at a harassment/discrimination sensitivity program;
      3. Oral or written warning;
      4. Loss of salary or benefits or demotion;
      5. Transfer or change of job, class, residential assignment, or location, including removing the person from being able to retaliate or further harass or discriminate against the Complainant;
      6. Suspension, probation, termination, dismissal, expulsion, or removal from campus;
      7. Educational and Developmental sanctions; or
      8. Other action Regis University deems appropriate under the circumstances including termination of contractual arrangements with the University.
        1. While counseling is not considered a sanction, it may be offered or required in combination with sanctions.
        2. If a student or student groups are found to be in violation of this Policy, any of the sanctions set forth in the Student Handbook may also be implicated.
        3. If faculty or employees are found to be in violation of this Policy, any of the sanctions set forth in the Employee Handbook or any Faculty Handbooks may also be implicated.
      9. Failure to comply with sanctions shall constitute a violation of this Policy and will ordinarily result in further disciplinary action.

    2. For sanctions following Formal Complaints against students. The Hearing Panel will recommend sanctions after the hearing. The Dean of Students or designee will review and implement sanctions.

    3. For sanctions following Formal Complaints against faculty or staff. The Hearing Panel will recommend sanctions after the hearing. The employee’s respective supervisor will review and implement sanction(s). However, should the supervisor or Provost seek to impose suspension or expulsion of a tenure or tenure-track faculty member, additional process may be due pursuant to the Faculty Handbook.

  14. Appeals Process. The Complainant or Respondent can appeal the Hearing Panel’s determination regarding responsibility, or the dismissal of a Formal Complaint or any allegations therein, by submitting a written appeal to the TIXC within three (3) Business Days from the date of receipt of the Hearing Panel’s determination. The appeal must be dated, signed by the party appealing, indicate the basis for the appeal, and include a copy of the determination. The non-appealing party will be notified in writing when an appeal has been filed. The non-appealing party will be provided five (5) Business Days to submit a written statement in support of the outcome of the determination or dismissal.

    1. Basis for Appeal. Appeals of the determination of responsibility or the dismissal of a Formal Complaint may be made on the following bases.

      1. Procedural irregularity that affected the outcome of the matter;
      2. New evidence that was not reasonably available at the time the determination regarding responsibility or dismissal was made that could affect the outcome of the matter; and
      3. The TIXC, investigator(s), or Hearing Panel had a conflict of interest or bias for or against the Complainants or Respondent that affected the outcome of the matter.

    2. Appeal Procedures. The Dean of Students for Students shall serve as the Appeal Body for all students, and the AVP of Human Resources shall serve as the Appeal Body for Employees, with exceptions permitted as appropriate. The Appeal Body shall not include the same decision-makers as the Hearing Panel that reached the determination regarding responsibility, the investigator, or the Title IX Coordinator. The Appeal Body will issue a written determination within fifteen (15) Business Days of the receipt of the notification of appeal that includes the result of the appeal and the rationale for the result. A copy of the written decision shall be provided to all parties simultaneously, the TIXC, immediate supervisor, Dean of Students, or Human Resources, and the parties’ personnel or student files. All decisions of the Appeal Body are final and binding.

    3. Appeal Outcomes. The Appeal Body may take one of the following actions in response to the appeal:

      1. Affirm the Hearing Panel’s determination regarding the Respondent’s responsibility and affirm the disciplinary sanctions and remedies, if applicable;
      2. Affirm the Hearing Panel’s determination regarding the Respondent’s responsibility and amend the disciplinary sanctions and remedies, if applicable.
      3. Remand the process back to the hearing stage for the Hearing Panel to remedy any procedural irregularity or consider new evidence;
      4. Reverse the Hearing Panel’s determination of the Respondent’s responsibility and amend the disciplinary sanctions and remedies; if applicable.

  15. Informal Resolution. At any time after a Formal Complaint has been signed and before a determination regarding responsibility, the Parties may choose to participate in an Informal Resolution facilitated by Regis, that does not involve a full investigation and adjudication. The informal process is voluntary for all parties. If the Complainant and Respondent are able to reach a resolution, the results will be documented, signed by both parties, retained by TIXC for seven (7) years and the matter will be resolved. If an informal resolution cannot be reached, the formal grievance process will resume, and all statements made during the informal resolution process will not be used for or against either party (and the Hearing Panel and/or Appeal Body may not consider any such statement made during informal resolution).

    1. Informal Resolution Notice. Before the initiation of an informal resolution process, Regis will explain in writing to the parties:

      1. The allegations
      2. The requirements of the informal resolution process
      3. That any party has the right to withdraw from the informal resolution process and resume the grievance process at any time before agreeing to a resolution
      4. That if the parties agree to a resolution at the end of the informal resolution process, they cannot initiate or resume a Formal Complaint arising from the same allegations
      5. That potential terms that may be requested or offered in an informal resolution agreement, including notice that an informal resolution agreement is binding only on the parties; and
      6. That the informal resolution records will be maintained by Regis for seven (7) years but will not be used by investigators or the Hearing Panel if the Title IX grievance process resumes.

    2. Agreement to Enter Informal Resolution. Prior to entering the informal resolution process, the parties must voluntarily agree, in writing to the use of the informal resolution process.

    3. Informal Resolution Availability. The informal resolution is not permitted to resolve allegations that an employee committed Sexual Harassment against a student.

    4. Informal Resolution Timeframe. Informal Resolution of a Formal Complaint will be concluded within 45 Business Days of notice to Regis that both parties wish to proceed with the informal resolution process. Such notice that parties with to proceed with an informal resolution process will “pause” the counting of the timeframe to conclude the grievance process of this Policy, should the informal resolution process fail and the parties resume the grievance process.

  16. Recordkeeping. Regis will maintain all documentation related to reports of Sexual Harassment, Formal Complaints, the grievance process, and informal resolution process for seven (7) years in accordance with state and federal records laws and requirements. The documentation of all records is private and confidential to the extent possible under law. Student records of the grievance process are disciplinary records under Family Education Rights and Privacy Act (FERPA). Regis will complete and maintain publicly available recordkeeping, including Clery Act reporting and disclosures, without the inclusion of personally identifying information about the victim, as defined in section 40002(a)(20) of the Violence Against Women Act of 1994 (42 USC 13925(a)(20)).

  17. Notification. Regis will use email communication for purposes of communication and notification under this Policy.

  18. Dissemination of Policy. This Policy will be made available to all Regis faculty, staff, and students online at the Regis University Title IX webpage and Annual Security and Fire Safety Report.

  19. Modification and Review of this Policy. Regis reserves the right to modify this Policy to take into account applicable legal requirements. Regis will regularly review this Policy to determine whether modifications should be made. Regis will follow the law when there is conflict between the Policy and the law.

  20. Other Policies. This Policy takes precedence over other Regis University policies and procedures concerning Sexual Harassment under Title IX in the event of a conflict. Additionally, alleged violations of the Ranger Guide, Employee Handbook, or other policies that arise from the same events as the alleged Sexual Harassment under this Policy will be investigated and resolved under the grievance process in this Policy unless the Sexual Harassment has been dismissed under this Policy.

  21. Regis University internal confidential resources. Regis’ TIXC will provide written notifications to students and employees about existing resources available for Complainants within Regis University in the following areas: counseling, health, mental health, victim advocacy, legal assistance, visa, immigration assistance, student financial aid, and other services available for victims.

    1. University Ministry and Jesuits
      Student Center
      Office 212
      Phone: 303-458-4153

    2. Office of Counselling and Professional Development
      Coors Life Direction Center
      Office 114
      Phone: 303-458-3507

    3. Center for Counseling and Family Therapy
      500 E. 84th Avenue
      Thornton Campus
      Phone: 303-964-5786

    4. Confidential Victim Advocate
      Phone: (Call/Text) 720-772-6656

    5. Equal Opportunity and Title IX
      TitleIX@regis.edu

  22. External Agency Confidential Support and Resources. Regis’ TIXC will provide written notifications to students and employees about existing resources available for Complainants outside of Regis in the following areas: counseling, health, mental health, victim advocacy, legal assistance, visa, immigration assistance, student financial aid, and other services available for victims.

    1. Rocky Mountain Crisis Partners
      Website: www.metrocrisisservices.org
      24-hour crisis intervention services: 844-493-TALK (8255)

    2. Denver Health Hospital
      Website: www.denverhealth.org
      Phone: 303-602-3007
      SANE nurse available by request in the Emergency Department

    3. Safehouse Denver
      Website: www.safehouse-denver.org
      24-hour domestic violence hotline: 303-328-9989

    4. The Blue Bench
      Website: www.thebluebench.org
      24-hour sexual assault hotline: 303-322-7273

    5. Emergency Department Social Worker
      Website: www.denverhealth.org
      24-hour ER Contact: 303-602-3308

D. Definitions

  1. Definitions of Prohibited Conduct Under this Policy

    1. Sexual Harassment. Sexual Harassment is a form of sex discrimination and means conduct on the basis of sex that satisfies one or more of the following:

      1. An employee, agent, or other person authorized by Regis to provide an aid, benefit, or service under Regis’s education program or activity conditioning the provision of such an aid, benefit, or service on a person’s participation in unwelcome sexual conduct (Quid Pro Quo); Ex. Direct or implied threats that submission to sexual advances will be a condition of advancement or promotion in any endeavor, including but not limited to employment, work status, promotion, or academic grades;
      2. Unwelcome conduct determined by a Reasonable Person to be so severe, pervasive, and objectively offensive that it effectively denies a person equal access to Regis’s education program or activity;
      3. Sexual Assault, Dating Violence, Domestic Violence, and Stalking as defined in this Policy.

    2. Sexual Assault. An offense that meets the definition of rape, fondling, incest, or statutory rape as used in the FBI’s Uniform Crime Reporting (UCR) program and as defined in this Policy.

    3. Rape. The penetration, no matter how slight, of the vagina or anus with any body part or object, or oral penetration by a sex organ of another person, without the Consent of the victim.

    4. Fondling. The touching of the private parts of another person for the purpose of sexual gratification, without the Consent of the victim, including instances where the victim is incapable of giving Consent because of his/her age or because of his/her temporary or permanent mental incapacity.

    5. Incest. Sexual intercourse between persons who are related to each other within the degrees wherein marriage is prohibited by law.

    6. Statutory Rape. Sexual intercourse with a person who is under the statutory age of Consent.

    7. Dating Violence. Violence committed by a person:

      1. Who is or has been in a social relationship of a romantic or intimate nature with the victim; and
      2. Where the existence of such a relationship shall be determined based on a consideration of the following factors.
        1. The length of the relationship
        2. The type of relationship, and
        3. The frequency of interaction between the persons involved in the relationship

    8. Domestic Violence. Felony or misdemeanor crimes committed by a person who:

      1. Is a current or former spouse or intimate partner of the victim under the family or domestic violence laws of the jurisdiction of the recipient, or a person similarly situated to a spouse of the victim;
      2. Is cohabitating, or has cohabitated, with the victim as a spouse or intimate partner,
      3. Shares a child in common with the victim; or
      4. By a person similarly situated to a spouse of the victim under the domestic or family violence laws of the jurisdiction in which the crime of violence occurred;
      5. Commits acts against a youth or adult victim who is protected from those acts under the family or domestic violence laws of the jurisdiction

    9. Stalking. Engaging in a course of conduct directed at a specific person that is unwelcome and would cause a reasonable person to feel fear or suffer substantial emotional distress.

      1. Course of Conduct. Two or more acts, including, but not limited to, acts in which the stalker directly, indirectly, or through third parties, by any action, method, device, or means, follows, monitors, observes, surveils, threatens, or communicates to or about a person, or interferes with a person's property.
      2. Substantial Emotional Distress. mental suffering or anguish that may, but does not necessarily, require medical or other professional treatment or counseling.
      3. Reasonable Person. A reasonable person under similar circumstances and with similar identities to the Complainant

  2. Definitions Related to Sexual Harassment (Coercion, Consent, Force, Incapacitation).

    1. Coercion. Coercion occurs when an individual is pressured, psychologically or emotionally manipulated, tricked, threatened, or forced in a nonphysical way, to engage in unwanted sexual activity. Coercion occurs when an individual is caused to believe that sex is owed to another person because of that person’s position of authority or based on the parties’ relationship. Coercion can involve persistent attempts to have sexual contact after an individual has already refused to engage in sexual activity.

    2. Consent. Regis uses an Affirmative Consent standard when determining if there was consent to engage in sexual activity of any kind. Consent to sexual activity requires of each person an affirmative, conscious, and voluntary agreement to participate in sexual activity.

      1. Consent cannot be inferred from the absence of a “no.”
      2. Consent to one form of sexual activity does not imply Consent to other forms of sexual activity
      3. A current or previous relationship shall not be sufficient to constitute Consent
      4. Consent can be withdrawn
      5. Consent may never be given by a minor under the age of 15, or by a minor under the age of 18 in certain situations depending on the ages of both parties and in instances where the adult is in a position of trust
      6. Consent cannot be given by individuals who are asleep, or mentally or physically incapacitated either through the effect of drugs or alcohol or for any other reason
      7. Submission under the influence of fear shall not constitute Consent
      8. Consent may not be given by an individual who is under duress, threat, coercion, or force
      9. A person who initially Consents to sexual activity is deemed not to have Consented to any sexual activity that occurs after Consent is withdrawn
      10. Consent to previous sexual activity does not imply Consent to future sexual activity

    3. Force. Force includes physical violence, abuse of power, threats, intimidation, and/or coercion to engage in sexual activity without a person’s Consent and against a person’s will.

    4. Incapacitation. Incapacitation is a state where a person lacks the ability to make rational reasonable decisions including an inability to understand the who, what, when, where, why or how of sexual activity, or an inability to fully understand the details of sexual interaction. Incapacity can result from alcohol or drug consumption, illness, unconsciousness, blackout, sleep, mental disability, and other circumstances. A person violates this Policy when they engage in sexual activity with someone who is - or based on the circumstances should reasonably have known to be - mentally or physically incapacitated.

  3. Other Defined Terms

    1. Actual Knowledge. Actual knowledge means notice of Sexual Harassment or allegations of Sexual Harassment to Regis’s TIXC or any official of Regis who has authority to institute corrective measures on behalf of Regis.

    2. Business Day. 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 Business Day of the event that triggers a time period is excluded.

    3. Complainant. An individual who is alleged to have been subjected to conduct that could constitute a violation of this Policy. Complainants and Respondents are referred to collectively as “parties” throughout this Policy.

    4. Disciplinary Sanctions. Consequences imposed on a Respondent following a determination that the Respondent violated this Policy, or an agreement through the informal resolution process.

    5. 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 University’s property.

    6. Formal Complaint. A document filed by a Complainant or signed by the Title IX Coordinator alleging Sexual Harassment against a Respondent and requesting that Regis investigate the allegation of Sexual Harassment.

    7. Investigative Report. A summary of the evidence directly related to allegations of Sexual Harassment. An Investigative Report is provided simultaneously to both parties for review at the conclusion of an Investigation.

    8. Officials with Authority. Any individual who has the authority to institute corrective measures and is required to report Sexual Harassment to the EO and Title IX Coordinator to initiate Regis’s response to the Sexual Harassment allegations. Officials with Authority Include:

      1. President
      2. Provost
      3. VP for Mission
      4. VP for University Advancement
      5. VP & Chief Financial Officer
      6. AVP and Dean of Students
      7. Chief of Staff
      8. Academic Deans
      9. Director of Campus Safety
      10. Title IX Deputy Coordinators

    9. Relevant. Related to the allegations under investigation as part of the grievance process described in this Policy. Questions are relevant when they seek evidence that may aid in showing whether the alleged conduct occurred, and evidence is relevant when it may aid the Hearing Panel in determining whether the alleged conduct occurred.

    10. Remedies. Measures provided, as appropriate, to a Complainant or any other person Regis identifies as having had their equal access to Regis’s education program or activity limited or denied by sex discrimination. These measures are provided to restore or preserve that person’s access to Regis’s education program or activity after Regis determines that a violation of this Policy occurred.

    11. Report. The submission of any allegation in part or in full of Discrimination, Sexual Misconduct, or Retaliation to the TIXC.

    12. Respondent. An individual alleged to be the perpetrator of conduct that could violate this Policy.

    13. Responsible Employees. Any individual who is employed by Regis and not deemed to be a Confidential Employee or Official with Authority. Responsible Employees are expected by Regis to report Sexual Harassment to the EO and Title IX Coordinator promptly upon receiving a report of Sexual Harassment.

    14. Retaliation. Intimidation, threats, coercion, or discrimination against any person by Regis University, a student, or an employee or other person authorized by Regis to provide aid, benefit, or service under Regis’s program or activity, for the purpose of interfering with any right or privilege secured by this Policy, or because the person has reported information, made a complaint, testified, assisted, or participated or refused to participate in any manner in an investigation, proceeding, or hearing under this Policy.

    15. Sexual Misconduct. Sexual Misconduct is an umbrella term that includes a range of unwelcome behaviors or conduct directed at a person based on sex.

    16. Supportive Measures. Individualized measures offered as appropriate, as reasonably available, without unreasonably burdening a Complainant or Respondent, not for punitive or disciplinary reasons, and without fee or charge to the Complainant or Respondent to:

      1. Restore or preserve that party’s access to Regis’s education program or activity, including measures that are designed to protect the safety of the parties or Regis’s educational environment; or
      2. Provide support during Regis’s grievance procedures or during an informal resolution process.

      Additional supportive resources may be accessed through the external agencies listed in the Policy section above.

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
  7. Annual Security and Fire Safety Report

F. Footnotes

1Severe, pervasive, and objectively offensive assessment includes, but is not limited to, a consideration of the frequency of the offensive conduct, the nature of the unwelcome sexual acts or words, such as whether the harassment was physical, verbal, written or a combination thereof; whether the harassment was merely an offensive utterance; and the number of Complainants involved and the relationship between the parties including, but not limited to, the ages of the Respondent and the Complainant. In evaluating whether conduct is severe, pervasive, and objectively offensive, Regis will look at the totality of the circumstances, expectations and relationships.

2Sexual Assault means an offense classified as a forcible or nonforcible sex offense under the Uniform Crime Reporting system (UCR) of the Federal Bureau of Investigation, including Rape, Fondling, Incest, and Statutory Rape as defined in section D of this Policy.

3See section D of this Policy for definitions related to prohibited conduct under this Policy.

4Retaliation is defined in Section D of this Policy.

5Alleged violations of Retaliation will be referred to the Ranger Guide or Employee Handbook.

6The Informal Resolution Process is described in #15 of this section of this Policy.

7CRS § 18-3-407 (Rape Shield)
Subject to constitutional limitations, evidence of specific instances of the victim's or a witness's prior or subsequent sexual conduct, opinion evidence of the victim's or a witness's sexual conduct, and reputation evidence of the victim's or a witness's sexual conduct may be admissible only at trial and shall not be admitted in any other proceeding except at a proceeding pursuant to subsection (2)(c) of this section.

8The TIX is responsible for the implementation of any Remedies.