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Frequently Asked Questions

The following frequently asked questions, and answers, relate to the University's policies and procedures regarding discrimination, protected class harassment, intimate partner violence, stalking, and retaliation. Additional frequently asked questions, and answers, related to equal opportunity and affirmative action can be found in that area of the Office of Institutional Equity's web site.

Individuals can always contact a representative from the Office of Institutional Equity with any questions they may have.

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    Who is the University's Title IX Coordinator?

    CSU-Pueblo's Title IX Coordinator is the Director of the Office of Institutional Equity, Mr. Josh Ernst.
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    What conduct is prohibited by the University's Policy on Discrimination, Protected Class Harassment, Sexual Misconduct, Intimate Partner Violence, Stalking, & Retaliation?

    The University's Policy on Discrimination, Protected Class Harassment, Sexual Misconduct, Intimate Partner Violence, Stalking, & Retaliation prohibits any conduct that constitutes Discrimination, Protected Class Harassment, Sexual Misconduct (sexual exploitation, sexual harassment, non-consensual sexual contact, and non-consensual sexual intercourse), Intimate Partner Violence (dating violence and domestic violence), Stalking, and Retaliation. The University prohibits threats directed towards a Reporting Party because of that person’s actual or perceived protected characteristics. Furthermore, the University prohibits conduct which maliciously and with specific intent to intimidate or to harass a Reporting Party because of that person’s protected characteristics and that: makes physical contact with the Reporting Party; damages or defaces any property of another person; or threatens by word or act to do either of the above if there is a reasonable cause to believe that such an act will occur.
    The definitions of what constitutes such prohibited conduct can be found in the Policy section of the Office of Institutional Equity's web page.
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    What happens if the university learns about an allegation of discrimination, protected class harassment, sexual misconduct, intimate partner violence, stalking or retaliation?

    When a responsible employee (which includes most University faculty and staff) learns of an alleged discrimination, protected class harassment, sexual misconduct, intimate partner violence, stalking or retaliation, they are required to report the allegation to the Director of the University's Office of Institutional Equity, Josh Ernst (josh.ernst@csupueblo.edu, 719.549.2210), who is also the University's Title IX Coordinator. Mr. Ernst will reach out to the impacted individual to provide information regarding available resources and accommodations, as well as information regarding the various options the impacted student has to address their concerns. Mr. Ernst will also request to meet with the impacted individual to discuss the their options and how the University will respond to their specific allegations.
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    If I am a student is accused of sexually assaulting someone, will they be treated fairly?

    CSU-Pueblo has a fair, impartial, understandable, and legally sound process for handling allegations of non-consensual sexual intercourse. Students accused of engaging in non-consensual sexual intercourse, or any other form of sexual misconduct, have various rights throughout these processes. For example, accused students have the right to bring an advisor or support person of their choice to any meeting or discussion about the allegations; they are advised, in writing, of the allegations against them prior to meeting with a trained investigator; they are given the opportunity to meet with a trained investigator to share their side of the story, provide any relevant evidence, and identify potential witnesses. Accused students are also given the opportunity to review all of the relevant information and evidence gathered by the investigator, and have the opportunity to respond to that information and evidence, before the investigator prepares an investigative report and makes any recommendations regarding the allegations.
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    What if I don't want the University to investigate the situation I was involved in?

    The University has a moral, ethical, and legal obligation to provide a safe living and learning environment free from discrimination, protected class harassment, sexual misconduct, intimate partner violence, stalking, and retaliation for all students, faculty, and staff. If you request that the University not investigate your concerns, the University will weigh that request against its obligations to provide a safe and discrimination-free environment for all students. The University will consider factors such as the nature of the allegations; if similar allegations had been made against the same individual; and if there are other means of getting relevant evidence.

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    Is there someone on campus that I can talk to if I do not want my concerns reported to OIE?

    Yes, there are confidential resources available on campus in the University’s Counseling Center. Confidential resources are under no obligation to share allegations or concerns with the Director of OIE. There are also confidential resources available in the community. The Office of Institutional Equity maintains a list of these resources on its web site.

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    Why does the University investigate allegations of sexual assault, domestic violence, and stalking? Aren’t those crimes that should be handled by law enforcement?

    The University has a moral, ethical, and legal obligation to provide a safe living and learning environment free from discrimination, protected class harassment, and gender-based violence. Sexual assault, domestic violence, and stalking can be forms of gender-based violence and discrimination. They can limit an impacted students’ educational access. The University’s obligation to provide equal access to education is independent of whether or not alleged conduct is also a crime. If someone wishes to file a criminal complaint with law enforcement in addition to a complaint with the University, the University can assist them with contacting law enforcement.
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    Does the University refer allegations of sexual assault, domestic violence, and stalking to law enforcement?

    The University will, upon request, assist an individual with making a criminal complaint with law enforcement regarding an allegation of sexual assault, domestic violence, or stalking. Federal law, specifically the Violence Against Women Reauthorization Act of 2013, requires that reporting parties have the option to report an alleged sexual assault, incident of domestic violence, or stalking to the University without having to report the allegations to law enforcement. However, in certain circumstances (e.g. allegations involving abuse of a minor), the University may have an obligation to report the matter to the appropriate agency.
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    What is the University doing to ensure that students are being taught about issues related to healthy relationships and sexual assault?

    All incoming students are required to take an online course called Haven as part of their campus orientation. This course, used across Colorado and the country was developed by the University’s partner Everfi. It teaches students about sexual assault, consent, and healthy relationships. The University also offers targeted educational programming throughout the academic year to students in the residence halls, student athletes, and the campus in general, regarding issues surrounding sexual assault and healthy relationships. 
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    I was sexually assaulted or the victim of domestic violence before coming to CSU-Pueblo. Are there any services available for my student on campus?

    Yes, there are. The University’s Counseling Center is available to all students free of charge. Depending on the wants and needs of your student, there may be other resources and accommodations available to them. They should contact the Office of Institutional Equity to discuss the options available to them.
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    I have a restraining order against a former intimate partner. Can the University protect me?

    The University will comply with any valid restraining orders. There are additional resources and accommodations the University may be able to provide to your student, including safety planning, depending on their needs. They should contact the Office of Institutional Equity to discuss the options available to them.
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    Do I have to choose between pursuing criminal charges or an investigation through the University?

    No, you do not have to choose one or the other. You can pursue charges with local law enforcement or any other state or federal agency, whether or not you pursue a complaint through CSU-Pueblo.
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    What if I was subjected to sexual misconduct while I was drinking alcohol underage or using illegal drugs?

    The Office of Student Conduct and Case Management does not pursue potential violations of the Code of Student Conduct against students reporting incidents of sexual misconduct in good faith.
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    I am a responsible employee. Do I need to report an incident of sexual misconduct that occurred off campus?

    Yes, all instances of alleged discrimination, protected class harassment, sexual misconduct, intimate partner violence, stalking, and retaliation involving a CSU-Pueblo student, faculty, staff member, or guest, whether they occur on or off campus, must be reported to the Direct of the Office of Institutional Equity as soon as possible.

Office of Institutional Equity

Joshua R. Ernst

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