Philosophy
The Student Conduct Code exists to notify students, faculty, and staff of the specific expectations Colorado State University holds related to student behavior and the rights and responsibilities that accompany being a student and participating in student organizations.
Colorado State University expects students to maintain standards of personal integrity in harmony with its educational goals; to be responsible for their actions; to observe national, state, local laws, and University regulations; and to respect the rights, privileges, and property of other people.
The student conduct process is intended to be a learning experience which can yield growth, behavioral changes, and personal understanding of one’s responsibilities and the consequences and impacts of one’s actions. This process balances the needs and rights of students with the needs and expectations of the University and larger community. The student conduct process offers a continuum of responses to allegations of misconduct. Students are treated with care and respect while being afforded the opportunity to receive a fair hearing. Many sanctions and interventions are designed to be educational and restorative in nature, promoting the University’s mission.
The Student Conduct Code defines University intervention, resolution options and possible disciplinary action related to the behavior of both individual students and student organizations.
Jurisdiction
The University seeks to help students and organizations learn to become conscientious members of their community. Students are expected to always conduct themselves in a responsible manner, whether on or off campus. Colorado State University’s Student Conduct Code applies to behavior that occurs on University premises and at University-sponsored programs and activities. It also applies to off-campus behavior that adversely affects the University community’s health, safety or welfare, poses a threat to persons or property, or may damage the institution’s reputation or relationship with the greater community (including behavior occurring in a foreign country or in another state, and behavior at all University activities, regardless of location).
A student may face both the University student conduct process and criminal or civil litigation charges since the same factual situation may allegedly violate both the Student Conduct Code and criminal or civil law. The student conduct process may happen before, during, or after criminal proceedings. Since the student conduct process is separate from criminal or civil litigation, legal outcomes do not affect the student conduct process nor will pending criminal or civil litigation stop or delay the student conduct process.
Colorado State University, as a state, public institution, is required to follow all federal, state, and local laws, including laws that may not apply to private entities. This means that the Student Conduct Code must comport with the Constitution of the United States, federal statutes, federal administrative regulations, the Constitution of the State of Colorado, Colorado Revised Statutes, and State of Colorado administrative regulations. Accordingly, the Student Conduct Code cannot conflict with or supersede any federal, state, or local law.
Definitions
Academic Misconduct Review Committee refers to individual members selected from the trained pool of faculty and students authorized to hear appeals of student conduct cases. The Academic Misconduct Review Committee comprises two (2) faculty members and one (1) student from the Appeal Committee.
All University Hearing Board (AUHB) refers to individual members selected from the trained pool of students who represent Associated Students of Colorado State University (ASCSU) Supreme Court, Fraternity and Sorority Life, and recognized student organizations which include club sports and faith-based organizations. The Director will also appoint a Hearing Officer from Student Conduct Services to serve as a voting member of the AUHB. Each hearing conducted by the AUHB will consist of three (3) members from the ASCSU Supreme Court, one (1) member from the specific community or area of the student organization being reviewed, and one (1) Hearing Officer from Student Conduct Services.
Appeal Committee refers to individual members selected from the trained pool of faculty, staff, and students authorized to hear appeals of student conduct cases.
Chair of the Appeal Committee refers to a faculty or staff member selected from the trained pool of University community members authorized to hear appeals of student conduct cases. A Chair of the Appeal Committee is nominated by the Director of the Student Resolution Center and appointed by the Vice President for Student Affairs. The Chair of the Appeal Committee is responsible for applying the appeal process for individual students.
Complainant refers to the University when a student is charged with an alleged violation of the Student Conduct Code.
Consent to sexual activity is consent that is informed, knowing and voluntary. Consent is active, not passive, and requires cooperation in act or attitude pursuant to an exercise of free will and with knowledge of the nature of the act. Silence, in and of itself, cannot be interpreted as consent. Sexual activity with someone known, or who should be known, to be mentally or physically incapacitated by alcohol or other drug use, unconscious or otherwise unable to give consent, is not valid consent. A person is considered incapable of giving consent when they lack the cognitive ability to make an important life decision. Consent is required when the same persons have engaged with one another in consensual sexual activity in the past.
Disciplinary standing is a sanction that may be applied when a student or organization is found responsible for a violation of the Student Conduct Code. A disciplinary standing alone does not require any action from the student or organization. However, some disciplinary standings may limit certain privileges otherwise afforded to students/organizations at the University. A disciplinary standing will result in a reportable student conduct record.
Discretionary outcomes are sanctions that may be assigned when a student or organization is found responsible for a violation of the Student Conduct Code or in conjunction with an alternative resolution process. These outcomes are intended to provide appropriate education, conflict management, treatment, support, and accountability for the student/organization.
Director means the Director of the Student Resolution Center to include Student Conduct Services. The Director is designated by the Vice President for Student Affairs to be responsible for the administration of the Student Conduct Code. References to the Director in the Student Conduct Code include the Director or their designee.
Impacted Party means an individual or individuals affiliated with the University, directly impacted by alleged violence (including domestic violence and dating violence), sexual misconduct, or stalking. An Impacted Party will have the right to present information and/or provide written statements prior to the Responding Party’s hearing, request witnesses, observe the hearing, bring a support person/advisor to the hearing, and appeal the outcome decision of the hearing.
Instructor means any person hired by Colorado State University to conduct classroom, research, or teaching activities or who is otherwise considered by the University to be a member of its faculty.
Hearing Officer means a University official authorized by the Director of the Student Resolution Center to facilitate student conduct hearings and determine whether a student or an organization has violated the Student Conduct Code and to impose sanctions when a violation has been committed.
Lead team is a committee formed of members from several student-facing departments on campus who convene for the purpose of examining alleged conduct violations and viewing them through multiple lenses. The lead team makes recommendations to the Director of the Student Resolution Center on ways to address misconduct involving student clubs and organizations.
Policy means the written rules and regulations of the University as found in, but not limited to, the Student Conduct Code; Residential Contract and Handbook; undergraduate, graduate, and professional catalogs or policies; faculty manual; athletic policies, and University web pages including the Office of Policy and Compliance. These include policies related to computer use, solicitation, sexual harassment, non-discrimination policies, athletic events, use of facilities, travel, and participation in student organizations.
Rams Taking Responsibility is an accountability process in which a student organization conducts its own investigation to identify areas of concern, growth opportunities, and required educational programming to mitigate these concerns. By participating in Rams Taking Responsibility, the organization must comply with all requirements of that process and its resolution which are binding and not subject to appeal.
Reportable student conduct record means any record maintained by Student Conduct Services when a student or organization has been sanctioned to a disciplinary standing. These records are maintained for seven years from the end of the academic year of the last decision that includes a finding of responsibility.
Responding Party means any student/organization alleged to have violated the Student Conduct Code.
Student includes all persons taking courses at the University, either full-time or part-time, pursuing undergraduate, graduate, professional, or continuing education; those who withdraw after allegedly violating the Student Conduct Code; those who are not officially enrolled for a particular term but who have a continuing relationship with the University; those who have been notified of their acceptance for admission; and persons who are living in University owned or operated housing though not enrolled. The Student Conduct Code applies to all Colorado State University students enrolled online or through University programs who are studying abroad or at other remote locations, including the Denver campuses.
Student organization means any number of persons who have associated as a group and complied with the formal registration requirements for recognition as a University student organization including club sports.
Student organization activity means any activity on or off campus which is group sponsored, initiated, financed, advertised, or attended by a significant portion of the members.
University official includes any person employed by the University performing assigned administrative or professional responsibilities. University officials may be full or part-time or may be student staff members.
University premises include all land, buildings, facilities, and other property in the possession of or owned, used, leased, operated, controlled, or supervised by Colorado State University whether on the main Fort Collins campus or other locations.
Prohibited Conduct
The list of behaviors which follows is not exhaustive and the University maintains the right to amend its rules and
policies. The following actions and/or behaviors are expressly prohibited:
Academic Misconduct:
- Cheating: Cheating includes using unauthorized sources of information and providing or receiving unauthorized
assistance on any form of academic work or engaging in any behavior specifically prohibited by the instructor in
the course syllabus or class presentation. - Plagiarism: Plagiarism includes the copying of language, structure, images, ideas, or thoughts of another, and
representing them as one’s own without proper acknowledgment, and is related only to work submitted for
credit. Disciplinary action will not be taken for academic work in draft form. - Unauthorized possession or disposition of Academic Materials: Unauthorized possession or disposition of
academic materials includes the unauthorized selling or purchasing of examinations, class notes, term papers, or
other academic work; stealing another student’s work; and using information from or possessing exams that an
instructor did not authorize for release to students. - Falsification: Falsification encompasses any untruth, either verbal or written, in one’s academic work.
- Facilitation of any act of Academic Misconduct: Facilitation of any act of academic misconduct includes
knowingly assisting another to commit an act of academic misconduct.
Abusive Behavior:
- Threatening or inflicting bodily harm upon any person or animal, or acting in a manner that creates a risk of
bodily harm to any person, including oneself, or an animal. - Threats, intimidation, coercion, or other unwelcome behavior, through any method of communication directed
at an individual or individuals that is so severe, persistent, or pervasive such that it has the purpose or effect of
unreasonably interfering with a person’s academic or work performance, or a person’s ability to participate in or
benefit from the university’s programs, services, opportunities, or activities, when viewed through both an
objective and subjective standard. - Any form of abusive behavior (as listed above) specific to current or former intimate partners.
- Hazing is any expressed or implied action, activity, or expectation of someone seeking to join or participate in a
group or student organization, that humiliates, degrades, abuses, or endangers a person, regardless of the
person’s willingness to participate. This includes participating in, condoning, encouraging, requiring, observing,
or allowing an opportunity for hazing.
Damage:
Any threatened, attempted or actual damage or destruction of University property or the property of others.
Discriminatory Harassment:
Threats, intimidation, coercion, bodily harm or other unwelcome behavior, through any method of communication directed at an individual or individuals on the basis of sex, gender identity, gender expression, veteran status, genetic information, race, creed, color, national origin or ancestry, sexuality, age, religion, pregnancy, or disability that is so severe, persistent, or pervasive such that it has the purpose or effect of unreasonably interfering with a person’s academic or work performance, or a person’s ability to participate in or benefit from the university’s programs, services, opportunities, or activities, when viewed through both an objective and subjective standard.
Disruptive Behavior:
- Engaging in behavior that disrupts or interferes with teaching, classroom, or other educational interactions,
residential communities on or off campus, research, administration, athletic events, governmental functions, or
disciplinary proceedings.
• Engaging in behavior that disrupts or obstructs the right of free speech or expression of any person on campus
(for more information, refer to the CSU policy on Free Speech and Peaceful Assembly).
• Leading, inciting, or participating in any on or off campus demonstration, riot, or activity that disrupts the
normal operations of the university, freedom of movement or safe passage and/or infringes on the rights of
other members of the university community.
• Behavior that is considered lewd by a reasonable person including (but not limited to) voyeurism, public
urination/defecation, and public exposure of intimate body parts.
False Information:
- Knowingly furnishing false information to any University official, instructor, office or organization, or on any
applications. - Intentionally initiating or causing to be initiated any false report.
- Use or possession of false identification.
Misuse of Alcohol:
- Use or possession of alcohol as prohibited by law or University policy.
- Manufacturing or distribution of alcohol as prohibited by law or University policy.
- Operating any vehicle while under the influence of alcohol or while impaired by the use of alcohol.
- Excessive use of alcohol resulting in a state of intoxication that endangers oneself or others.
Misuse of Drugs:
- Use or possession of illegal drugs (under federal or state law) including but not limited to marijuana,
methamphetamine, cocaine, opiates, LSD, psilocybin mushrooms, heroin, ecstasy, GHB, other controlled
substances, or any substance used for an intoxicating effect. - Use or possession of prescription drugs other than by the person prescribed or for use other than the prescribed
purpose and/or dosage. - Manufacturing or distribution of illegal or prescription drugs.
- Possession or use of drug paraphernalia including but not limited to equipment, products, and materials used to
cultivate, manufacture, distribute, or use marijuana or other illegal drugs. - Operating any vehicle under the influence of drugs or while impaired by the use of any intoxicating substance.
- Use of drugs resulting in a state that endangers oneself or others.
Non-Compliance:
- Failure to comply with the verbal or written directions of any University officials acting in the performance of
their duties and in the scope of their employment, including failure to identify oneself to these persons when
requested to do so. - Failure to comply with the verbal or written directions of any law enforcement officers acting in the
performance of their duties and in the scope of their employment, including resisting or obstructing law
enforcement officers or failing to identify oneself when requested to do so. - Violating the terms of any interim measure, no contact order, or exclusionary order imposed by the University.
- Failure to complete student conduct sanctions.
Retaliation:
Any form of abuse, threat, intimidation, bullying, coercion, harassment, or attempt to influence or interfere with
another individual or group who submits a report, cooperates with any investigation or acts as a witness in relation
to an alleged violation of the Student Conduct Code, University policy, or any federal or state law or local
ordinances.
Sexual Misconduct:
Any actual or attempted non-consensual behavior of a sexual nature including (but not limited to):
- Intentional and unwelcome touching, kissing, or coercing, forcing, or attempting to coerce or force another to
touch a person’s intimate parts. - Sexual intercourse without consent, such as penetration, no matter how slight, of the vagina or anus with any
body part or object, or oral sex, without the consent of the victim. - Taking, sharing, or posting videos or photographs/images of a sexual nature without consent.
- Deliberate observation of others for sexual purposes without their consent.
- Exposing one’s genitals in non-consensual circumstances or engaging in sexual activity in the view of a nonconsenting individual or individuals.
- Viewing, placing, or posting pornography in public venues; possessing, distributing, or viewing illegal
pornography. - Sexual harassment that creates an intimidating, offensive, or hostile environment for another.
- Any act of sexual misconduct in violation of state or federal law or university policy.
Stalking
Engaging in a course of conduct directed at a specific person or persons that would cause a reasonable person to
fear for their safety or the safety of others, or suffer substantial emotional distress. Course of conduct means 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.
Theft:
Theft, attempted theft, or other unauthorized possession of University property or the property of others.
Unauthorized Use:
- Unauthorized use, entry, or occupation of another person’s property or of University facilities, property, or
vehicles. - Any unauthorized possession, duplication, or use of University keys or access devices.
- Unauthorized removal or misuse of any University document, record, data, nonpublic information,
identification, educational material, or property (including forgery or alteration).
Violation of Law or University Policy:
Evidence of a violation of any federal or state law, or local ordinance, or University policy.
Violation of University Rules, Contracts, or Agreements:
- Violation of any rules, contracts, or agreements governing residence in or use of University owned or controlled
property, or at athletic or other authorized special events. - Violations of any rules, contracts, or agreements governing recognized student organizations.
Weapons:
Illegal use or possession of firearms or other weapons such as blades larger than pocketknives; ammunition or explosives; dangerous chemicals, substances, or materials; bombs or incendiary devices; or simulated weapons; or any weapon prohibited by law or University policy. Use of any such item, even if legally possessed, in a manner that harms or threatens others is prohibited.
Interim Measures
In certain circumstances, interim measures may be taken upon notification to Student Conduct Services of alleged
student misconduct. These interim measures do not replace the student conduct process. Interim measures may be
imposed effective immediately, without prior notice, when in the judgment of the Director, the seriousness of alleged
behavior threatens the safety and well-being of members of the University community, threatens University property or
has potential to disrupt or interfere with normal University operations.
The student or organization will be notified in writing of the terms of the interim measures and the reason for the
interim measures. Interim measures are reviewed if new information becomes available and will be adjusted
accordingly. If the student or organization wishes to appeal the appropriateness of any interim measures imposed, they
may submit in writing to the Hearing Officer the reasons why the interim measures are not appropriate. The Hearing
Officer will review the information and notify the student or organization in writing of their decision whether to adjust
any interim measures.
Interim No Contact Order:
The student is or members of an organization are prohibited from having any contact with specifically identified
individuals up to and through a student conduct hearing, if required. This may prohibit students from attending
specific events, activities, or classes.
Interim Trespass Order:
The student is prohibited from being in or near specifically identified locations, events, activities, or classes up to
and through a student conduct hearing, if required.
Interim Residential Relocation:
The student is prohibited from residing, dining, or being near specifically identified University housing up to and
through a student conduct hearing, if required. The student will be provided temporary University housing and
access to University dining.
Interim Residential Suspension:
The student is prohibited from residing, dining, or being near University housing up to and through a student
conduct hearing, if required. The student may attend classes.
Interim University Suspension:
The student is denied access to campus, classes, and University activities up to and through a student conduct
hearing, if required.
Interim Transcript Notation:
A notation is made on a student’s official transcript indicating that there is a pending student conduct process. This
notation will be removed at the conclusion of the student conduct process.
Interim Registration Hold:
A hold is placed preventing a student from registering for classes until the conclusion of a student conduct hearing, if
required.
Interim Degree Hold:
The awarding of a student’s degree is withheld until the conclusion of a student conduct hearing, if required, or until
the completion of all sanctions imposed.
Interim Restriction of Organizational Activity:
A temporary restriction of student organization activity. This may include but is not limited to meetings, practices,
philanthropic activities, and social gatherings until the matter is resolved.
Procedures
In accordance with federal regulations, certain cases may be designated as Title IX cases as described in the University’s Title IX policy. This designation will be included in a Notice of Investigation sent to the involved parties. For such cases, details regarding applicable Title IX procedures may be found here. All other cases will follow the procedures outlined below.
Reports
The student conduct process begins when Student Conduct Services receives a written report of an incident. These reports include but are not limited to police reports, investigation reports from the Office of Title IX Programs and Gender Equity, or incident reports from faculty, staff, or students. A Hearing Officer will review the information available to decide the next steps.
Review
Notification of Student Conduct Hearing
The student or organization is notified of the charges in writing, along with the date, time, and location of the hearing. Documentation of the incident will be included with the notice letter. Any information not included in the notice letter that may be considered to determine responsibility will be made available to the Responding Party for viewing with staff of the Student Resolution Center upon request. Reproduction of that information in any form is prohibited. Police reports may be made available by the responding law enforcement agency (usually for a fee) or may be made available to the Responding Party for viewing with staff of the Student Resolution Center upon request. Requests to reschedule a hearing will be considered by the Hearing Officer and may be granted at the Hearing Officer’s discretion. The notice letter is sent to the student’s current University email address. In cases involving a student organization, the notice of hearing will be emailed to the President of the organization on record.
The student or organization will have at least two (2) business days to prepare for the hearing unless the student or organization and the Hearing Officer agree in writing to waive the two (2) business days’ notice.
In cases where a Hearing Officer has identified an Impacted Party, the Hearing Officer may provide that Impacted Party with the Responding Party’s charges, along with the date, time, and location of the hearing. Documentation of the incident will be included with the notice letter. Any information not included in the notice letter that may be considered to determine responsibility will be made available to the Impacted Party for viewing with staff of the Student Resolution Center upon request. Reproduction of that information in any form is prohibited. An Impacted Party will have the opportunity to participate in the student conduct process. Participation includes the right to present information and/or provide written statements prior to the Responding Party’s hearing, request witnesses, observe the hearing, bring a support person/advisor to observe the hearing, be notified of the outcome of the hearing and appeal the outcome decision of the hearing.
Notification of Alternative Resolution Process
In some cases, a Hearing Officer may offer a resolution option other than a student conduct hearing (e.g., educational workshop, conflict coaching, mediation, restorative justice). If the student or organization chooses to participate in an alternative resolution process and complies with all requirements of that process and its resolution, that incident will not be maintained as part of a reportable student conduct record.
When offering an alternative resolution process, the Hearing Officer will consider the severity of the reported behavior, the student conduct record of the individual student or student organization, and the educational outcomes available. The student or organization will receive in writing the resolution opportunity available to them. If the student or organization does not wish to participate in the alternative resolution process, they may request a student conduct hearing. Alternative resolution processes are binding and not subject to appeal. If the student or organization does not complete the alternative resolution process, they may face additional disciplinary action.
Alternative resolution processes include but are not limited to:
Responsible Action Exemption: The University seeks to promote a safe and healthy environment for all its students and community members. As such, the University has adopted a Responsible Action Exemption for students seeking medical assistance for themselves or others in emergency situations that result from alcohol or drug use. Responsible Action Exemptions also extend to students and organizations who seek assistance or report planned or actual hazing behavior.
Students or organizations, both on and off campus, who 1) seek medical attention for themselves or on behalf of another student related to the use of alcohol or drugs or 2) who report planned or actual hazing will be exempt from Student Conduct Code charges related to the reported incident, provided that the student or organization complies with any intervention assigned by a Hearing Officer. If a student is under 21 years old, parents or guardians may be notified if considered necessary or appropriate. The University reserves the right to adjudicate any case in which the violations are egregious or repeated.
If a student or organization believes they qualify for a responsible action exemption, the following steps must be completed:
- The student or organization must make initial contact with an appropriate resource (i.e. law enforcement, medical personnel or University Official) to 1) actively seek assistance for themselves or on behalf of another individual at the time medical attention is needed, or 2) report actual hazing when it is occurring or planned hazing activities.
- The student or organization seeking assistance must give their name to law enforcement, medical personnel, or the applicable University Official, remain on scene (where applicable), and cooperate with law enforcement, medical personnel, or University Officials.
- The student or organization seeking an exemption must meet with a Hearing Officer from Student Conduct Services and comply with any intervention assigned by a Hearing Officer.
- Failure to complete assigned interventions may result in the application of Student Conduct Code charges.
Option Letter: When a report of an alleged violation of the Student Conduct Code is received, a Hearing Officer may assign charges and offer a student the option to resolve the situation by forgoing a student conduct hearing. The option letter will be sent to the student’s current University email address and will include the applicable Student Conduct Code charges and a finding of responsibility. Additionally, the Hearing Officer will impose sanctions. Documentation of the alleged violations may be included with the option letter. If the student agrees with the finding(s) and sanction(s) and chooses to complete all sanctions assigned by the Hearing Officer, the incident may not be maintained as part of the individual student’s reportable conduct record. If the student disagrees with the finding(s) or sanction(s) they can choose to schedule a student conduct hearing and all of the procedures in the Student Conduct Hearing section of this code will apply. If the student does not contact the Student Resolution Center within ten (10) business days after the option letter is sent it will be assumed that the student accepts responsibility for the charges and will complete all the sanctions by the assigned deadlines.
Rams Taking Responsibility: When an alleged violation of the Student Conduct Code involves a student organization, an alternative resolution process may be granted at the discretion of Student Conduct Services. Student organizations may be offered the opportunity to participate in Rams Taking Responsibility which is an accountability process where the organization conducts its own investigation to identify areas of concern, growth opportunities, and required educational programming to mitigate these concerns. By participating in Rams Taking Responsibility, the organization must comply with all requirements of that process and its resolution which are binding and not subject to appeal. The incident will not be maintained as part of the organization’s reportable student conduct record though other notifications may be required. If the student organization does not complete the alternative resolution process, they may face additional disciplinary action.
Student Conduct Hearing
Student Conduct Hearing A student conduct hearing is facilitated by a Hearing Officer authorized by the Director of the Student Resolution Center. When the Responding Party is a student organization, the hearing will be conducted either by the Director or by the All University Hearing Board (AUHB). The purpose of the student conduct hearing is to discuss alleged violations of behavioral expectations as identified in the Prohibited Conduct section of the Student Conduct Code. As part of this process, students or organizations will be asked to share their perspective related to the alleged violations and discuss personal responsibility and community impact. Those charged with engaging in prohibited conduct will have the opportunity to receive a fair hearing. The formal rules of process, procedure and evidence used by the criminal justice system do not apply to the student conduct process.
Standard of Proof: To find that a student or organization has engaged in prohibited conduct, the standard of proof required is a preponderance of the information contained in the record. The information must demonstrate that it is more likely than not that the violation occurred.
Support Person/Advisor: A Responding Party and any Impacted Party may have a support person/advisor throughout the student conduct process. However, the student conduct process is an administrative process between students and Student Conduct Services. As such all communication regarding the student conduct process will be sent to the involved students, who may share information with their support person/advisor. Student Conduct Services will not be responsible for providing information directly to support persons/advisors or responding to communications from support persons/advisors. All communications must be from the students involved. A Responding Party and any Impacted Party may bring a support person/advisor to the hearing, at their own expense. The support person/advisor may be an attorney. The support person/advisor may not speak on the student or organization’s behalf or participate directly in the hearing. The support person/advisor may not serve in a dual role as a witness in the hearing. In cases involving alleged violence (including domestic violence and dating violence), sexual misconduct, or stalking a support person/advisor may not be another student except for extraordinary circumstances and approved by a Hearing Officer.
Recordings: All student conduct hearings may be recorded. If the student or organization wishes to have their hearing recorded, a request must be made before the hearing. If the student or organization requests a copy, the recording of the hearing will be transcribed at the expense of the student/organization and prepared by a credentialed transcriptionist. Alternatively, the recording may be made available to the Responding Party and any Impacted Party for viewing at the Student Resolution Center. Reproduction of the recording in any way, by a Responding Party, Impacted Party, or support persons/advisors is prohibited.
Witnesses: The Responding Party and any Impacted Party may request relevant witnesses for the hearing. A request for witnesses must be made at least three (3) business days prior to a scheduled hearing. Only the Hearing Officer may ask questions of witnesses. The Responding Party or Impacted Party may suggest questions in writing for each witness at least three (3) business days prior to a scheduled hearing. The Hearing Officer has the discretion to ensure questions are relevant. Witnesses may be present only when they are providing information. Witnesses may not serve in the dual role as a support person/advisor.
Missed Hearings: If the Responding Party misses the scheduled hearing, the Hearing Officer may proceed in the student’s absence and will make a decision with the information available in the record of the case.
Accommodations: Student Conduct Services is committed to providing necessary accommodations to ensure a fair and safe process for participants. Accommodations will take into consideration disabilities, personal safety and language differences. Students should request accommodation at least three (3) business days prior to a scheduled hearing.
Decisions
The Hearing Officer determines the finding of responsibility for each charge based on the preponderance of information standard—whether it is more likely than not that the Responding Party engaged in prohibited conduct. If found responsible for engaging in prohibited conduct as outlined in the Student Conduct Code, the Hearing Officer will determine appropriate sanctions. A Hearing Officer has ten (10) business days from the date of the hearing to provide a decision to a Responding Party. The number of days may be extended at the discretion of the Hearing Officer, who will notify all parties of any delay. The hearing outcome will include the findings of responsibility, rationale for the findings, sanctions (if applicable), and information on the appeal process. In cases involving an Impacted Party, they will also be notified of the Hearing Officer’s decision. A copy of the decision may be shared with appropriate University offices.
Sanctions
The student conduct process is based on an individual review of each case. The Hearing Officer will consider the totality of information in each case when determining appropriate sanctions. This includes but is not limited to the severity of the incident, the student/organization’s student conduct record, demonstrated understanding of the impact of their behavior, and the role that alcohol and drugs may have played in an incident. The Hearing Officer may impose one or more sanctions as appropriate for student development and community well-being. More than one sanction listed below may be imposed for any single violation. If the student or student organization fails to complete sanctions by the stated deadline, a “hold” will be placed on the student’s registration status. A student or organization could face additional disciplinary action for failure to comply with sanctions. The following sanctions may be applied when appropriate.
Disciplinary Standings: A Hearing Officer may apply a disciplinary standing as a sanction for violating the Student Conduct Code.
Disciplinary Probation
Disciplinary probation is for a designated period during which a student or organization is expected to show appropriate behavior changes. A violation of the Student Conduct Code while a student or organization is on disciplinary probation or any subsequent misconduct may result in further disciplinary action, including loss of good standing, suspension, or expulsion.
Loss of Good Standing
Loss of good standing is for a designated period of time during which the student or organization is expected to show appropriate behavior changes. A student or organization who is not in good standing with the University and is prohibited from:
- representing the University through official events;
- serving on a University committee;
- participating in intercollegiate or sports club athletics; or
- holding office in a student organization
A violation of the Student Conduct Code while a student or organization is not in good standing or any subsequent misconduct may result in further disciplinary action, including suspension, or expulsion. A student or organization may be given the option of earning back their good standing at the discretion of the Hearing Officer.
Disciplinary Suspension
Disciplinary suspension is for a designated period of time during which the student may not attend classes, access any University premises, participate in University activities, or be employed by the University. In some instances, the student must fulfill specified conditions before the University will consider re-admission. Disciplinary suspension is noted on the student’s official transcript during the period of suspension and until all other sanctions or conditions for re-admission have been completed. A student on disciplinary suspension is not in good standing with the University.
Deferred Disciplinary Suspension
Disciplinary suspension is deferred while the student participates in a designated program. The student may remain enrolled as long as they are compliant with the designated program. A student on deferred disciplinary suspension is not in good standing with the University.
Disciplinary Expulsion
The student is permanently separated from the University and may not return. The student may not attend classes, access any University premises, participate in University activities, or be employed by the University. The expulsion is permanently noted on the student’s official transcript.
Loss of Student Organization Recognition
The AUHB or Hearing Officer may recommend to the Dean of Students that a student organization lose recognition after a student conduct hearing. Approval of this action deprives the student organization of the use of campus resources, the use of the University’s name, and the right to participate in campus sponsored activities or recruit Colorado State University students. This loss of recognition may be for a specific period, for an indefinite period of time, or until stated conditions are met. Should the Dean of Students approve this action, an official request will also be sent to the national office that the local student organization’s charter be revoked.
Discretionary Sanctions: A Hearing Officer may require the student or organization to complete or comply with discretionary sanctions. Discretionary sanctions include but are not limited to:
Academic
- Academic Penalties: Instructors may impose a “grading penalty” upon a finding that a student has, either intentionally or unintentionally, committed academic misconduct. The minimum is reduced credit on the assignment and the maximum is course failure, regardless of academic performance. The instructor may also remove the repeat/delete option for a student.
- Academic misconduct transcript notation: The “AM” notation by a course grade because of academic misconduct may only be added to the official transcript with agreement of both the course instructor and a Hearing Officer. That negative notation is generally permanent.
Admissions
The University may revoke a student’s admission to the University for fraud, misrepresentation, or for other serious violations committed by the student prior to matriculation.
Alcohol and Other Drugs
Drugs, Alcohol, and You (DAY) Programs at the CSU Health Network provides a continuum of services including assessment, educational workshops, and treatment that student may be required to complete.
Conflict Resolution
- Conflict Coaching: Students have the opportunity to talk about conflict and gain skills to handle conflict in a supportive and confidential environment. Conflict Resolution staff assist students in identifying goals, developing clarity, and managing conflict in the future.
- Mediation: Mediation is a voluntary and confidential process where a neutral third-party facilitator helps two or more people in conflict have a constructive conversation about important issues. The mediator does not take sides, give advice, or tell parties what to do. The SRC staff will mediate small group disputes (i.e., roommate conflicts) and will also facilitate large-scale discussions involving multiple parties.
- Restorative justice: A restorative justice conference brings together those who were impacted by an offense, including those who were harmed, those who were responsible for causing the harm, and impacted community members. Through a facilitated dialogue, they discuss what happened and determine the best ways to repair harm and improve relationships.
- Impact Circles: Impact circles are a form of Restorative Justice that brings together small groups of students, who have been found responsible for similar types of offenses, with relevant community stakeholders. Through answering questions about their specific incidents and hearing others’ stories and perspectives, students gain a better understanding of the impact of their behaviors on the larger community.
Degree Conferral
- Withholding degree: The University may withhold awarding a degree otherwise earned until the completion of the student conduct process, including the completion of sanctions imposed.
- Revocation of degree: The University may revoke a degree for serious violations of the Student Conduct Code committed by the student prior to graduation. Only the Board of Governors may authorize the revocation of a degree.
Educational Workshops
Students may be required to participate in one or more of a variety of workshops designed to address specific knowledge or skill areas. These workshops are intended to help a student learn more about themselves and our shared communities.
Housing Modifications
- Residential reassignment: A student may be reassigned to another residence hall room or building for disrupting the residential community or to appropriately separate persons.
- Residential expulsion: The student is permanently banned from all residence halls.
Interpersonal Violence
A student may be required to complete an evaluation and recommended treatment.
Loss of Privileges
Privileges afforded to student organizations may be temporarily restricted in relation to the severity of the behavior and the relevant conduct history of the organization. These restrictions may include, but are not limited to:
- Restrictions on social events, including but not limited to restriction of the presence of alcohol at social events.
- Restrictions on recruitment of new members into the organization for a designated period of time.
- Restrictions on the organization’s ability to participate in meetings or events.
Parent/Guardian Notification
The University may notify parents/guardians when a student under the age of 21 is found responsible for violations of the Student Conduct Code involving alcohol, drugs, or violence. Parental/guardian notification may also be made when a student is suspended or expelled from residence halls or the University.
Restitution
Monetary compensation for loss or damage to University property.
Appeal Processes
Appeal of a Disciplinary Decision for an Individual Student:
A Responding Party may appeal a Hearing Officer’s decision. In cases where an Impacted Party has been identified by a Hearing Officer, that individual also has a right to appeal the Hearing Officer’s decision. An appeal must be submitted online within ten (10) business days after the Hearing Officer’s decision is sent to the involved parties. A Hearing Officer’s decision is considered final if an appeal is not submitted within the specified time. Appeals submitted by another party on a student’s behalf will only be accepted when a student acknowledges and affirms that the appeal represents their position. Once an appeal is submitted it is reviewed by the Chair of the Appeal Committee. While an appeal is pending, the Responding Party must comply with all sanctions and restrictions from the Hearing Officer’s decision, unless otherwise specified by the Hearing Officer.
An appeal is limited to a review of the case record and supporting information evaluated in the decision-making process. New information will only be considered if the Chair determines that the information was not available at the time of the hearing and may be relevant to the final decision. The appeal will only be granted on one or more of the following grounds:
- The hearing was not conducted fairly, giving the Responding Party or any identified Impacted Party the opportunity to present relevant information. Minor deviations from designated procedures will not be a basis for supporting an appeal unless there is an adverse effect on the outcome of the hearing.
- The information presented in the case, if believed by the Hearing Officer, was insufficient to establish that a violation of the Student Conduct Code occurred.
- The sanction(s) imposed were not appropriate based on totality of the circumstances.
- There is new information not available at the time of the original hearing that may be relevant to the final decision.
The Chair of the Appeal Committee will review the appeal and the record of the case to determine one of the following actions:
- Deny the appeal.
- Send the case to the Director of the Student Resolution Center to review the record of the case, make any necessary modifications, and render a final decision. When the Director served as the original Hearing Officer, the Chair of the Appeal Committee will send the appeal to the Dean of Students (or designee) to review the record of the case, make any necessary modifications and render a final decision.
- Grant the appeal and convene the Appeal Committee to review the record of the case. Any new information not available at the time of the original hearing that may be relevant to the final decision will be considered at this time.
If the Appeal Committee is convened, upon conclusion of its review, will do one of the following:
- Affirm the findings of responsibility and sanctions. Decisions affirmed by the Appeal Committee are final. Written notification will be provided to the Responding Party and any Impacted Party.
- Affirm the findings of responsibility and return the case to the Director of the Student Resolution Center with recommendations to modify the sanctions. Decisions made after review of the recommendations are final and written notification will be provided to the Responding Party and any Impacted Party.
- Recommend reversal of the findings of responsibility if the Appeal Committee disagrees with the Hearing Officer’s evaluation of information in the record and does not believe sufficient information exists to support a violation of the Student Conduct Code. If the Appeal Committee recommends a reversal, the Chair will submit a recommendation in writing, as follows:
- In all cases involving suspension or expulsion from the University (whether imposed by the original Hearing Officer or recommended by the Appeal Committee after review), the Chair of the Appeal Committee will make a recommendation in writing to the Vice Provost for Faculty Affairs and the Vice President for Student Affairs for a final decision.
- In all cases involving any form of sexual misconduct or sexual harassment, the Chair of the Appeal Committee will make a recommendation in writing to the Vice Provost for Faculty Affairs and Vice President for Student Affairs, who may also consult with the Director of Equal Opportunity for a final decision.
- In all other cases involving individual student violations of the Conduct Code, the Chair of the Appeal Committee will make a recommendation in writing to the Dean of Students (or designee) who will make a final decision.
If the Vice Provost for Faculty Affairs and Vice President of Student Affairs are unable to agree on the action to be taken, the decision will be referred to the Executive Vice President/Provost for final action.
Composition of an Appeal Committee for an Individual Student:
In most circumstances the Appeal Committee will be comprised of a Chair who will be either a faculty or staff member, one (1) additional faculty or staff member, and one (1) student appointed by the Associated Students of Colorado State University (ASCSU). In cases involving academic misconduct the Appeal Committee will be comprised of a Chair who will be a faculty member, one (1) additional faculty member, and one (1) student appointed by ASCSU. In cases involving interpersonal violence (including domestic violence, dating violence, sexual misconduct, or stalking) the Appeal Committee will be comprised of a Chair who will be either a faculty or staff member, two (2) additional faculty or staff members, and the Director of Equal Opportunity (or designee), as a non-voting member.
When an appeal is granted, a list of Appeal Committee members is provided to the Responding Party and any Impacted Party. If the Responding Party or Impacted Party believes there is a conflict of interest and provides rationale to the Chair of the Appeal Committee, they may request the removal of a member. The Chair decides whether sufficient reason exists to remove a member. Members of the Appeal Committee are expected to recuse themselves if they have a conflict of interest. If the Chair of the Appeal Committee is recused, has an identified conflict of interest or is unavailable within a reasonable time period, the Director of the Student Resolution Center will appoint another faculty or staff member to serve as Chair. When a member is removed, they will be replaced by another representative from the pool.
Appeal of a Disciplinary Decision for a Student Organization:
A student organization may appeal the decisions made by the All University Hearing Board (AUHB) or a Hearing Officer. In cases where an Impacted Party has been identified by a Hearing Officer that individual also has a right to appeal the decision. An appeal must be submitted online within ten (10) business days after the decision is sent to the involved parties. While an appeal is pending, the Responding Party must comply with all sanctions and restrictions from the Hearing Officer’s decision, unless otherwise specified by the Hearing Officer. A Hearing Officer’s decision is considered final if an appeal is not submitted within the specified time. Appeals submitted by another party on the organization’s behalf will only be accepted when the leadership of the organization acknowledges and affirms that the appeal represents their position. Once an appeal is submitted it is reviewed by the appropriate Appellate Officer. The Director of the Student Resolution Center serves as the Appellate Officer for review of decisions made by the AUHB or a Hearing Officer. If the Director served as the original Hearing Officer, the Vice President for Student Affairs will serve as the Appellate Officer to consider the appeal.
An appeal is limited to a review of the case record and supporting information evaluated in the decision-making process. New information will only be considered if the Appellate Officer determines that the information was not available at the time of the original hearing and may be relevant to the final decision.
The appeal request may be granted based on one or more of the following grounds:
- The original hearing was not conducted fairly or did not give the Responding Party organization or Impacted Party the opportunity to present relevant information.
- The decision was not based on substantial and sufficient information.
- The sanction(s) imposed were not appropriate based on the totality of the circumstances.
- There is new information not available at the time of the original hearing that may be relevant to the final decision.
After reviewing the appeal, the Appellate Officer will take one of these actions:
- Deny the appeal.
- Grant the appeal to review the record of the case. Any new information not available at the time of the original hearing that may be relevant to the final decision will be considered at this time. If the original decision was made by the AUHB or a Hearing Officer, the Director of the Student Resolution Center will consider the appeal. If the Director serves as the original Hearing Officer, the Vice President for Student Affairs will appoint a three (3) person Student Organization Appeal Committee to consider the appeal. The Committee will then make recommendations to the Vice President for Student Affairs, who will make the final decision regarding the appeal.
The Appellate Officer may make one of the following decisions:
- Affirm the findings of responsibility and sanctions.
- Affirm the findings of responsibility and return the case to the Director of the Student Resolution Center with recommendations to modify the sanctions.
- Reverse any findings of responsibility if the Appeal Committee disagrees with the Hearing Officer’s evaluation of information in the record and does not believe sufficient information exists to support a violation of the Student Conduct Code. Make any recommendations to the Director of the Student Resolution Center to modify or remove sanctions. The Appellate Officer will communicate the decision to the student organization in writing which will be considered the final outcome.
Student Conduct Records
Individual Student Conduct Records:
Student Conduct Services at the Student Resolution Center maintains student conduct records in keeping with the federal Family Educational Rights and Privacy Act of 1972 (FERPA), subsequent amendments, and implementation guidelines. These records are maintained for seven years from the end of the academic year of the last decision that includes a finding of responsibility. All disciplinary records are destroyed after this period, except in cases of expulsion. However, if a student is involved in litigation with the University, or the record is undergoing official review or audit, the record may be kept indefinitely while maintaining compliance with FERPA.
Information regarding a student’s disciplinary record is available to University officials with a legitimate educational interest. Disclosure of disciplinary records to anyone else generally requires a written release from the student, except in the case of a court order or legal process, or as otherwise permitted or allowed under FERPA at the discretion of the University.
Notations of disciplinary action on the student’s official transcript may be made by Student Conduct Services. Disciplinary expulsion will be permanently noted on the official transcript and cannot be removed. Disciplinary suspension is noted on the student’s official transcript during the period of suspension and until all other sanctions or conditions for re-admission have been completed. If all other sanctions are not completed, the student may submit a request to the Director for removal of the notation after the designated period of suspension. If the Director denies the request for the removal of the transcript notation, a written request can be submitted to the Dean of Students for review and a final decision.
Should a student request to inspect their student conduct record, they must do so in writing with Student Conduct Services. This may be done online or in person. Once the request has been received, Student Conduct Services will schedule a time with the student within 45 days to review the record. If the record contains another student’s personally identifiable information (PII), that information will be redacted.
Student Organization Conduct Records:
Disciplinary records related to the Student Conduct Code are maintained by Student Conduct Services. Personally identifiable information (PII) is considered part of a student’s educational record. However, the University believes students seeking to gain membership within a student organization should have the opportunity to review the organization’s conduct record of responsible findings, with any associated PII redacted. These records are maintained publicly for five years from the academic year the decision was made for the last finding of responsibility.
Non-Discrimination Policy Statement
Colorado State University is committed to providing an environment that is free from discrimination and harassment based on race, age, creed, color, religion, national origin or ancestry, sex, gender, disability, veteran status, genetic information, sexual orientation, gender identity or expression, or pregnancy and will not discharge or in any other manner discriminate against employees or applicants because they have inquired about, discussed, or disclosed their own pay or the pay of another employee or applicant. Colorado State University is an equal opportunity/equal access/affirmative action employer fully committed to achieving a diverse workforce and complies with all Federal and Colorado State laws, regulations, and executive orders regarding non-discrimination and affirmative action. The Office of Equal Opportunity is located at 101 Student Services. 19 Student Conduct Code Colorado State University
The Title IX Coordinator is the Vice President for Equity, Equal Opportunity, and Title IX, 123 Student Services Building, Fort Collins, CO. 80523, (970) 491-1715.
The Section 504 and ADA Coordinator is the Vice President for Equity, Equal Opportunity, and Title IX, 101 Student Services Building, Fort Collins, CO 80523-0160, (970) 491-5836.
Notice Pursuant to Colorado House Bill 16-1438 (PDF)
Interpretation and Revision
Under the authority of the President, any question of interpretation or application of the Student Conduct Code shall be referred to the Vice President for Student Affairs (or designee) for final determination. The Student Conduct Code shall be reviewed a minimum of every three years under the direction of the Vice President for Student Affairs, in consultation with the Office of the General Counsel and subject to the approval of the University President and Board of Governors.
Approved by Board of Governors, August 7, 2020
