Procedure for Resolving Complaints of Gender-Based
Discrimination, Sexual Harassment, and Sexual Violence
Against Students
Responsible Administrative Unit: Policy Contact:
Title IX and Equity Compliance
Title IX Coordinator

krcurran@mines.edu
CONTENTS
1.0 BACKGROUND, PURPOSE, AND JURISDICTION
2.0
COMPLAINTS
3.0
ADJUDICATION AND RESOLUTION
4.0
COMPLAINT INVESTIGATION
5.0
APPEAL PROCESS
6.0
PROHIBITION AGAINST RETALIATION
7.0
AVAILABLE RESOURCES
8.0
HISTORY & REVIEW CYCLE
1.0 BACKGROUND, PURPOSE, AND JURISDICTION
On August 29, 2014, the Board of Trustees of the Colorado School of Mines (“Mines”)
adopted the Policy Prohibiting Gender-Based Discrimination, Sexual Harassment, and
Sexual Violence (“the Policy”). The Policy prohibits any form of gender-based
discrimination, sexual harassment, or sexual violence within the Mines campus community.
This procedure implements the Policy and provides for prompt, fair, and impartial
investigation and resolution of issues arising under the Policy. Definitions of relevant terms
related to or used in this procedure are found here: http://inside.mines.edu/POGO-Student.
This Procedure applies to complaints of gender-based discrimination, sexual harassment,
and sexual violence that are brought against students regardless of whether the alleged
misconduct occurred on or off Mines property. If the alleged misconduct occurs off Mines
property, Mines shall have jurisdiction to investigate complaints if the conduct occurred in
conjunction with a Mines-sponsored program or activity, or if the off-property conduct may
have the impact of creating a hostile environment for a Mines Community Member.
2.0 COMPLAINTS
2.1 Who May File a Complaint. Any Mines Community Member who believes he or she
has been subjected to gender-based discrimination, sexual harassment, and/or sexual
violence may file a complaint. Further, any Mines Community Member may file a complaint
on behalf of another Mines Community Member who may have been subjected to gender-
based discrimination, sexual harassment, and/or sexual violence. Regardless of the origin of
the complaint, for purposes of this procedure the term “Complainant” wil refer to the person
who was the target of the alleged behavior.
2.2 Against Whom a Complaint May Be Filed. Under this procedure, complaints may
be filed against any person who has been admitted and confirmed enrollment or is registered
at Mines as a student at the time of the alleged violation (including during an academic

Procedure for Resolving Complaints of Gender-Based Discrimination, Sexual Harassment, and Sexual
Violence Against Students
recess or leave of absence). For purposes of this procedure, the term “Respondent” wil refer
to the person who is accused of the alleged behavior.
2.3 Mandatory Reporting. Mines has designated all of its employees as mandatory
reporters for issues involving gender-based discrimination, sexual harassment, and sexual
violence. This means that all Mines employees are required to contact the Title IX
Coordinator and report instances of gender-based discrimination, sexual harassment, and
sexual violence. Reporting is necessary to ensure that persons who may have been
impacted by such conduct receive appropriate services and information, as well as allowing
Mines to track incidents, identify patterns, and take appropriate steps to protect the Mines
community. Reporting by a Mines employee wil not necessarily result in an official complaint;
rather, the Title IX Coordinator wil assess the information and determine what action, if any,
wil be taken. Further, the Title IX Coordinator wil determine who within Mines has a need to
know about the issue and wil inform them of the report. The Mines Title IX Coordinator is:

Karin Ranta-Curran, Executive Director - Institutional Compliance and Equity,
Guggenheim Building Room 211A, Telephone: 303.384.2558;
Email: krcurran@mines.edu.
Additionally, the Vice President of Student Life and Dean of Students wil be notified if it is
believed that official adjudication and resolution may be requested by the Complainant or the
circumstances of the report requires formal action by Mines.
2.4 How to File an Official Complaint. Official complaints should be made to a Mines
Deputy Title IX Coordinator listed below. During the complaint intake meeting, the Deputy
Title IX Coordinator wil obtain some basic information about the incident, provide information
about available campus and law enforcement policies and processes, and provide the
Complainant with information about appropriate resources and support options that are
available on campus and in the community. The Deputy Title IX Coordinator wil also connect
the Complainant with the appropriate individuals when the Complainant wants to pursue
adjudication and resolution. In all cases, the Mines Title IX Coordinator wil be notified
immediately. The Mines Deputy Title IX Coordinators for student matters are:
Rebecca Flintoft, Asst. Vice President, Student Services & Administration;
Student Center 218; Telephone: 303.273.3050; Email: rflintof@mines.edu.
Katie Schmalzel, Prevention Programs Manager, Guggenheim Building Room 212B;
Telephone: 303.273.3260; Email: kschmalz@mines.edu.
2.5 Promptness in Filing Complaint. Individuals who feel they have been subjected to
gender-based discrimination, sexual harassment, and/or sexual violence may file a complaint
at any time, but are strongly encouraged to come forward as soon as possible after the
occurrence of the subject incident, event, or action.
2.6 Anonymous Reports and Requests for Anonymity. Mines accepts any complaint
submitted anonymously and any complaint from individuals who identify themselves initially
but request anonymity during the investigation and adjudication process. Although it is
inherently difficult to investigate anonymous complaints, investigations of such complaints will
be as thorough as is practicable and wil be appropriate to the allegations. If a Complainant
requests anonymity, Mines wil take reasonable steps to investigate and respond to the
complaint consistent with the request for anonymity to the extent possible. Specifically, the

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Procedure for Resolving Complaints of Gender-Based Discrimination, Sexual Harassment, and Sexual
Violence Against Students
Title IX Coordinator wil consider how to proceed, taking into account the Complainant’s
wishes, Mines’ commitment to provide a non-discriminatory environment, and the
Respondent’s right to be notified. In such circumstances, the Title IX Coordinator may
arrange for limited fact-finding by an investigator to better understand the context of the
complaint before advising the Complainant regarding whether anonymity can be maintained.
2.7 Mines’ Responsibility to Act. When the Complainant does not wish to pursue
adjudication and resolution through Mines, Title IX requirements may compel Mines to
investigate and take reasonable and appropriate action in response to the complaint. In some
cases, Mines wil be required to address the complaint, even if the Complainant does not
wish to pursue adjudication and resolution. In these cases, Mines’ ability to respond to and
resolve the matter may be more limited.
2.8 Choice of Policies. No Complainant wil be permitted to file an unlawful
discrimination claim under Mines’ Policy Prohibiting Unlawful Discrimination concurrently with
a claim under the Policy Prohibiting Gender-Based Discrimination, Sexual Harassment, and
Sexual Violence if the complaints are against the same individual and arise out of the same
event(s). This provision does not prevent the Complainant from simultaneously or
subsequently filing a criminal complaint with an appropriate law enforcement agency.
2.9 Concurrent Criminal Proceedings.

2.9.1. Certain acts of sexual violence and sexual harassment may constitute both a
violation of Mines’ policy and a criminal offense. Mines encourages but does not
require persons to report alleged criminal acts promptly to appropriate law
enforcement authorities, even if they choose to pursue a complaint under this
procedure
2.9.2. The standards for finding a violation of criminal law are different from the
standards for finding a violation of Mines’ policies; therefore, outcomes of criminal
investigations may not determine whether a violation of Mines’ policy has occurred.
2.9.3. When a student has been charged with a criminal offense, Mines may
impose an interim suspension in order to comply with a criminal protection order
and/or to ensure the safety of the Mines campus community. A student who has
been suspended on an interim basis may submit a written appeal to the Vice
President of Student Life within ten (10) business days of the interim suspension
decision. The appeal must explain why the student believes that the suspension
should be lifted or modified. The Vice President of Student Life, or his or her
designee, wil render a written decision within ten (10) business days following
receipt of the appeal.
2.10 Confidentiality. Mines treats all complaints as confidential matters and wil make
reasonable efforts to protect the confidentiality of the complaint process, any investigation or
resolution, and all individuals involved with the complaint process. Individuals considering
making a disclosure to a Mines official should understand Mines’ requirements concerning
privacy and confidentiality. Mines is committed to providing assistance in understanding
these issues and helping individuals make an informed decision. Further, Title IX requires
Mines to consider the Complainant’s request for confidentiality in the context of Mines’
commitment to provide a reasonably safe and non-discriminatory environment for all
community members. Although full confidentiality cannot be guaranteed, Mines wil advise

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Procedure for Resolving Complaints of Gender-Based Discrimination, Sexual Harassment, and Sexual
Violence Against Students
the Complainant regarding the degree of confidentiality that may be possible, and the
measures that wil be taken to try to ensure this confidentiality. It is important to understand
that while Mines wil treat information it has received with appropriate sensitivity, Mines
officials may nonetheless need to share certain information with those at Mines responsible
for stopping or preventing the misconduct.
2.11 False Reports/Providing False Information. It is a violation of the Policy to
intentionally submit a false complaint or file a complaint that is not made in good faith. Such
violations may be subject to disciplinary action under relevant student and employee policies,
handbooks, or codes of conduct. Providing false or misleading information in an investigation
is also prohibited and shall be subject to disciplinary action under the relevant student and
employee policies, handbooks, or codes of conduct.
2.12 Standard of Proof. The standard of proof is the amount of evidence needed to
establish that a violation of policy has occurred. In the adjudication of student conduct issues,
Mines uses a preponderance of evidence standard, which means that the evidence
demonstrates that it is more likely than not the alleged conduct or policy violation has
occurred.
2.13 Immediate Action and Interim Measures. Depending on the nature of the
complaint, Mines reserves the right to take any and all interim measures it deems necessary
to protect the Complainant, witnesses, and/or the Respondent. Any interim measures will be
implemented in a manner that minimizes the burden on the Complainant to the extent
reasonably possible. Examples of these interim measures may include, but are not limited to
the following:

• Issuing “no contact” directives;
• Issuing temporary “no trespassing” directives;
• Temporary suspension of a student’s enrollment or participation in campus
programs;
• Making changes to class schedules and/or campus housing assignments; and
• Obtaining restraining or similar protective orders through appropriate law
enforcement and judicial mechanisms.
In the event there are reasonable grounds to conclude that an individual poses a threat to
Mines Community Members, that individual may be barred from access to campus through
written notice by appropriate Mines authorities. A student who has been suspended on an
interim basis may submit a written appeal to the Vice President of Student Life within ten
(10) business days following the interim suspension decision. The appeal must explain
why the student believes that the suspension should be lifted or modified. The Vice
President of Student Life, or his or her designee, wil render a written decision within ten
(10) business days following receipt of the appeal.
2.14. Support Person. The Complainant and the Respondent may have a support person
present at al stages of this Procedure. Persons in a support role provide moral support to the
party who has requested their presence. Persons in a support role may not serve as an
advocate, may not be actively involved in any proceedings, and must agree to abide by the
prohibition against retaliation, as set forth in these procedures. The Complainant and the
Respondent may choose whomever they wish to serve as a support person, subject to the

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Procedure for Resolving Complaints of Gender-Based Discrimination, Sexual Harassment, and Sexual
Violence Against Students
following limitations:

• The support person cannot be a witness to the situation or circumstances
giving rise to the complaint.
• In cases involving multiple complainants or respondents, the support person
cannot be another complainant or respondent.
• The support person can be an attorney, however, the attorney’s role wil be
limited as outlined above.
• The support person may not be an employee of Mines (a faculty member,
administrative faculty member or a classified employee of Mines).
• The support person may be a student at Mines provided that the support
person does not have a current position of supervision, authority, or trust over
the party who they are supporting.
• Residence Life student staff members may serve as a support person with
approval from the Director of Residence Life.
3.0 ADJUDICATION AND RESOLUTION
3.1 Intake Meeting. When the Complainant desires to pursue adjudication and resolution
through Mines, an intake meeting with the Complainant wil be scheduled within seven (7)
calendar days of receipt of the complaint. The Title IX Coordinator or Deputy Title IX
Coordinator wil confirm the Complainant has an understanding of the relevant policy and
procedures, confirm the Complainant is aware of appropriate resources, and try to answer
any questions. The Title IX Coordinator or Deputy Title IX Coordinator wil then review the
informal and formal types of adjudication and resolution. The Deputy Title IX Coordinator will
allow the Complainant to determine the adjudication and resolution path the Complainant
wishes to pursue. The Complainant can choose at any time to switch from the informal
resolution process to the formal process, but it is not possible to switch from the formal back
to the informal process. There is no requirement that once the informal resolution process is
started it must be completed prior to filing a formal complaint. Based on the nature and
severity of the incident and/or past violations by the Respondent, the Title IX Coordinator
may require that the formal resolution process be utilized. In situations involving allegations
of sexual violence, the formal process wil be utilized.
Complaints utilizing the informal adjudication and resolution process may be made orally or in
writing. Complaints utilizing the formal adjudication and resolution process must be in writing.
There is no required complaint format. However, because the following elements are
important to facilitate the investigation process, the Complainant is encouraged to provide
these when possible:

• Name and Mines affiliation (e.g., student, faculty, staff, community member) of the
person filing the complaint;
• Name and Mines affiliation (if any) of the alleged victim;
• Name and Mines affiliation of the alleged perpetrator of prohibited behavior;
• A statement of the event(s) that are the cause of the complaint, including relevant
date(s), location(s), etc.;
• A description of the behaviors or actions upon which the complaint is based; and
• A statement of the Complainant’s desired outcome and resolution.

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Procedure for Resolving Complaints of Gender-Based Discrimination, Sexual Harassment, and Sexual
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3.2 Informal Adjudication and Resolution Process. A Complainant who wishes to
pursue a less formal resolution process may request an “Informal Adjudication and
Resolution” as described below. This type of proceeding wil not lead to administrative
investigations and wil not result in a suspension, or other significant sanction. Although
informal, this is an official adjudication and resolution process of Mines. Please keep in mind
that allegations of sexual violence cannot be resolved through this informal process.

3.2.1 Purpose and Timing. Under certain circumstances, an informal resolution
process may be appropriate, effective and desirable for a variety of reasons. Further,
it may provide a more expedient path to resolution than the formal process entails.
The informal resolution efforts wil be focused on bringing the Complainant’s concerns
to the attention of the Respondent and obtaining the voluntary cooperation of the
parties to address and resolve the matter. If a complaint is made informally, the
process is expected to be completed in a relatively brief period of time, usually within
ten (10) calendar days of the date the complaint is received. If additional time is
needed for the informal process, the Title IX Coordinator wil communicate this to the
Complainant and Respondent in writing, citing the reasons for the additional time and
providing an estimated date of completion.

3.3.2 Process. If the Complainant desires to informally resolve the complaint, the
Title IX Coordinator or one of the Deputy Title IX Coordinators wil try to resolve the
complaint expeditiously to the satisfaction of all concerned. A variety of possible
means to resolve the complaint may be used at the discretion of the Title IX
Coordinator or Deputy Title IX Coordinator. Examples of the method and means used
to try to achieve resolution may include, but are not limited to:

• Having a meeting between the Respondent the Title IX Coordinator or a
Deputy Title IX Coordinator to communicate receipt of the complaint and
establish a set of behavioral expectations to end the behavior(s) at issue;
• Working with faculty members, department heads or other employees with
whom the Complainant is comfortable to address the concerns;
• Providing assistance to supervisory and advisory personnel to address the
matter with the Respondent;
• Providing advice to the Complainant regarding ways to handle the situation
directly; and/or
• Any other mutual agreements between the parties.
3.3 Formal Adjudication and Resolution Process.When a Complainant wishes to
pursue a more formal resolution process or in cases involving allegations of sexual violence,
the following “Formal Adjudication and Resolution” process will be utilized. This type of
proceeding may lead to administrative sanctions and penalties.

3.3.1 Purpose and Timing. The purpose of this process is to provide a formal,
structured mechanism for the prompt and fair internal resolution of complaints alleging
gender-based discrimination, sexual harassment, or sexual violence. The steps
outlined below are the exclusive forum for the internal resolution of complaints
regarding the actions of a student at Mines. In most cases, the investigation and
should be completed within 60 calendar days of Mines’ receipt of the complaint.


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Procedure for Resolving Complaints of Gender-Based Discrimination, Sexual Harassment, and Sexual
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3.3.2 Formal Adjudication and Resolution Requests. A request for formal
adjudication and resolution must include a written description of the complaint that
may be prepared by the Complainant. The Title IX Coordinator or a Deputy Title IX
Coordinator may assist the Complainant in preparing the written description. A Title IX
intake form created by the Title IX Office may suffice as a written complaint. There is
no required complaint format; however, the following elements are important to
facilitate the investigation process:

• Name and Mines affiliation (e.g., student, faculty, staff) of the person filing the
complaint;
• Name and Mines affiliation of the parties involved in the complaint, i.e., the
alleged victim and the alleged perpetrator of the prohibited behavior;
• A brief statement of the event or events that are the cause of the complaint,
including relevant date(s), locations, etc.;
• Names and Mines affiliation of any witnesses to the event or events;
• A description of the behaviors or actions upon which the complaint is based;
• A statement of any desired outcome and resolution; and
3.3.3 Acknowledgment of Request and Notification of Respondent.
Within five (5) calendar days following the receipt of the Formal Adjudication and
Resolution Request, the Title IX Coordinator wil send the Complainant written
acknowledgement of the complaint, as well as written notification to the Respondent
that wil include information concerning the allegations in that complaint that will be
the subject of investigation, and the anticipated timeline for such investigation.

4.0 COMPLAINT INVESTIGATION
4.1 Timing. Mines wil address and resolve sexual violence, sexual harassment, and
gender-based discrimination matters promptly and effectively. The entire process for
investigating and resolving complaints should be concluded within 60 calendar days following
the receipt of a formal complaint. The length of time of the investigation wil vary depending
on the complexity of the investigation, the severity and extent of the behavior, the quantity
and availability of witnesses, and other factors of significance. If the investigation and
resolution cannot be completed within 60 calendar days, the Complainant and the
Respondent wil be informed in writing of the reasons for the delay and provided an updated
estimated date of completion.
4.2 Investigators. Upon receipt of a formal complaint, Mines wil designate two (2)
investigators of its choosing who have specific training and experience investigating
allegations of gender discrimination, sexual harassment, and/or sexual violence, depending
on what has been alleged. Mines will maintain a group of trained internal investigators who
are available to investigate complaints. Mines’, in its sole discretion, reserves the right to
assign the investigation to confidential external investigator(s). Al investigators will be
impartial fact-finders throughout the investigation process.
4.3 Process. The complaint wil be investigated as discreetly and expeditiously as
possible with due regard to thoroughness and fairness to all parties. The investigators will
examine relevant documents, interview witnesses, and may interview other individuals with
relevant information who are identified by the parties. The investigators reserve the right to

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Procedure for Resolving Complaints of Gender-Based Discrimination, Sexual Harassment, and Sexual
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assess the relevance and evaluate the credibility of witnesses offered by the Complainant
and the Respondent.

4.3.1. Investigation Interviews. Investigations wil be appropriate to the
circumstances of the complaint and wil normally consist of interviews with the
Complainant, Respondent, fact witnesses who may have knowledge of the alleged
behavior, and a review of pertinent communications, electronic records, documents or
other available evidence. The investigator(s) may interview other individuals with
factual information who are identified by the parties or other witnesses. The
investigator(s) reserve the right to evaluate the relevance of witnesses offered by the
parties, and the right to assess the credibility of witnesses interviewed.
4.3.2. Interviews with Complainant and Respondent. Under most circumstances, the
Complainant and Respondent wil each be interviewed twice, separately. During the
first interview, the investigators wil begin preparing a written statement for the
interviewee. The investigators wil also request that each party provide the following
information: 1) a list of questions they would like the investigators to address with the
other party; 2) the identity of other witnesses who should interviewed as a part of the
investigation; and 3) any other relevant information. The investigators wil consider the
information provided and incorporate it into the appropriate party’s written statement.
During the second interview, each party wil be asked to review, revise if necessary,
and sign their written statement. These written statements wil be used by the
investigator to complete the investigation report.
4.3.3. Confidentiality of Investigative Materials. The investigator(s) will review any
available and pertinent documentation or other evidence. The investigator(s) reserve
the right to evaluate the relevance and credibility of any documentation or other
evidence offered by the parties or collected in conjunction with the investigation. All
materials and documents prepared or compiled by the investigators during the course
of investigating a complaint wil be kept confidential to the fullest extent of the law.

4.3.4. Failure to Participate in Investigation. Failure of the parties to cooperate with
an investigation may result in negative ramifications for that individual, as the
investigators wil issue a report based on the information they were able to gather.
If an accused student, with appropriate notice, does not participate in the
investigation, a disciplinary decision may be reached taking into consideration the
totality of the information related to the allegations available at the time of the
investigation.
4.3.5. Report of Investigation Findings. After the conclusion of the investigation, the
investigators wil prepare an investigative report that summarizes all of the relevant
information. Under certain circumstances the identity of the Complainant and/or
witnesses may be kept confidential. The investigation report wil summarize and
analyze the relevant facts and any supporting documentation, which may include
statements by the parties, third-party witnesses, or others with information and any
physical, written, or electronic or other evidence. The investigation report will be
submitted to the Dean of Students, Title IX Coordinator and the Mines Legal Services
office. After the investigation report has been received, the Title IX Coordinator wil
provide the Complainant and the Respondent with a copy of the investigation report.
Each party may submit a written response to the investigation report to the Dean of
Students within seven (7) days of receiving the investigation report.

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4.3.6. Decision and Resolution of the Complaint. Following receipt and review of the
investigative report and any written responses submitted by the parties, the Dean of
Students (or his or her designee) wil issue a written decision regarding the complaint
simultaneously to both the Complainant and the Respondent. The written decision will
contain a statement of whether the Respondent has been found responsible for any
form of gender-based discrimination, sexual harassment, and/or sexual violence. The
Respondent wil also be informed of any sanctions to be imposed. The Complainant
wil be informed of any individual remedies provided, and of any sanctions to be
imposed that directly relate to Complainant. The Dean of Students wil not conduct a
separate or additional investigation; however, the Dean of Students, in his or her
discretion, may ask for additional information from the investigators, the parties or
other witnesses in order to make a fully informed decision. The completion of the
written report of findings and the issuance of Mines’ decision wil normally be
completed within 20 calendar days from the end of the investigation.
4.3.7. Sanctions. Sanctions may include, but are not limited to, the following:
mandatory attendance at gender-based discrimination, sexual harassment and/or
sexual violence awareness and prevention training programs or seminars; mandatory
attendance at other training programs; oral reprimand and warning; written reprimand
and warning; student probation, suspension, expulsion; educational sanctions;
restitution; and prohibition of entering the Mines campus or attending Mines’
sponsored events.
4.3.8. Records Retention. The Title IX Coordinator is the custodian of al records of
all complaints of gender-based discrimination, sexual violence and sexual harassment
complaints filed under the Policy, and any documentation regarding complaint
investigation and internal adjudication.
5.0 APPEAL PROCESS
5.1 Overview. Both the Complainant and the Respondent have the right to file an appeal
of the decision made by the Dean of Students or the Dean’s designee. An appeal must be
filed in writing and submitted to the Office of the Vice President for Student Life. An appeal
request wil only be considered if it includes: 1) the specific aspect of the decision being
appealed; 2) the grounds for an appeal; and 3) the rationale that supports the selected
grounds. The Vice President for Student Life may, in his or her discretion, delegate any of the
duties and decision-making authority set forth in this Section 5 to another Vice President or
the Provost.
5.2 Grounds for Appeal. Not all decisions can be appealed. An appeal is not appropriate
for the simple reason that one disagrees with the decision. The four items listed below are
the only acceptable grounds for an appeal. Except as required to explain and support an
appeal based on new information, an appeal shall be limited to a review of the investigation
record and supporting documents for one or more of the following purposes:



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New Information: To consider information or other relevant facts sufficient to alter
a decision because such information and/or facts were not known to the person
appealing at the time of the investigation.
Appropriateness of Sanctions: To determine whether the sanction(s) imposed
were appropriate for the Policy violation that the Respondent was found to have
committed. If the Respondent is making the appeal solely on this ground, s/he
accepts responsibility for the violation and is only appealing the severity of the
sanctions.
Due Process: To determine whether the investigation and decision-making
process were conducted fairly, and in conformity with prescribed procedures
giving the Complainant a reasonable opportunity to prepare and present
information about the alleged Policy violation, and giving the Respondent a
reasonable opportunity to prepare and present a response to the allegation(s).
Minor process deviations that do not materially affect the outcome are not a basis
for sustaining an appeal. Al eged due process violations may be appealed.
However, in the case of due process appeals, the outcome is limited to correcting
the process error(s).
Unsupported Decision: To determine whether the decision reached was
supported by the evidence.

5.3
Submitting an Appeal Request. Decisions reached by the Dean of Students or
designee may be appealed by the Respondent and/or the Complainant. The individual may
file an appeal by completing a Student Conduct Appeal Request Form and submitting it to the
Office of the Vice President for Student Life by the date stated in the original decision letter
(typically within seven (7) business days of the date of the decision notification). This form is
available online and at the Office of the Vice President of Student Life. It is the obligation of
the person making the appeal to complete the form in its entirety and provide any and all
materials that s/he wishes to have considered at the time of the appeal request submission.
Requests for an extension of time to file an appeal must be submitted in writing to the Vice
President of Student Life prior to the expiration of the appeal deadline and may be granted in
the sole discretion of the Vice President of Student Life. If the appeal request form is not
received within the required time frame, the original decision is final and no further appeal is
permitted.
5.4 Sanctions and Conditions during a Pending Appeal. Throughout the entire appeal
process, all parties must continue to comply with all conditions and/or sanctions of the
original decision. However, the Respondent may request and receive approval from the Vice
President for Student Life to continue to attend classes, required academic activities, and/or
reside in student housing while the appeal is pending. Such approvals are within the sole
discretion of the Vice President for Student Life or their designee and may include alternative
protective measures.
5.5 Appeal Review. Within seven (7) business days of the appeal request being
received, the Vice President for Student Life or designee wil review the written request form
and materials to determine if the appealing party has identified acceptable grounds for an
appeal and whether the appeal has been filed by the appeal deadline. Following the review,
the Vice President for Student Life or designee wil make a decision consisting of one of the
following actions:

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Procedure for Resolving Complaints of Gender-Based Discrimination, Sexual Harassment, and Sexual
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Deny the appeal - The appeal and supporting information do not establish an
acceptable basis for appeal or the appeal request form was not submitted by the
appeal deadline. If the appeal is denied, the decision is final and is considered binding
upon all parties.
Allow the appeal to proceed. - The appeal information submitted meets one of the
grounds for appeal and the appeal request form was submitted by the appeal
deadline.
The Vice President for Student Life wil notify the Complainant, Respondent, the decision
maker and the Title IX Coordinator in writing of the decision to deny or allow the appeal.
5.6 Appeal Decision. If and when it is determined that the appeal wil be allowed to
proceed, the decision maker wil provide the Vice President of Student Life all information
regarding the incident that was relied upon by the decision maker. Within ten (10) business
days of receiving the information from the decision maker, the Vice President of Student Life
will review the materials and make one of the following decisions:
Affirm the decision: the Vice President of Student Life agrees that the information
supports the original decision.
Reverse the decision: the Vice President of Student Life does not agree that the
information supports the original decision. This option is not available when the
Respondent is appealing the severity of the sanction or the imposition of conditions.
Refer the matter for further consideration: the Vice President of Student Life
believes that additional review and considerations should be made, including an
increase or decrease of the sanctions imposed or addressing additional issues that
were identified through the appeal process.
The Vice President for Student Life wil communicate the decision in writing to the parties. If a
matter is returned to the Dean of Students for further consideration, the reconsideration wil
take place and the decision communicated in writing to the parties within seven (7) business
days of the matter being returned. The decision is final and shall be considered binding upon
all involved, from which no additional appeals are permitted.
6.0 PROHIBITION AGAINST RETALIATION
The Policy and this Procedure prohibit retaliation against any individual for:

• reporting an allegation of gender-based discrimination, sexual harassment, or sexual
violence;
• cooperating in an investigation or another proceeding related to such allegations; or
• opposing gender-based discrimination, sexual harassment, or sexual violence.
Complaints or instances of retaliation shall be addressed as separate alleged Policy
violations.



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Procedure for Resolving Complaints of Gender-Based Discrimination, Sexual Harassment, and Sexual
Violence Against Students
7.0 AVAILABLE RESOURCES
Resources are available at Mines and in the surrounding community to assist those who
have been impacted by gender-based discrimination, sexual harassment and/or sexual
violence, including domestic violence, dating violence, and stalking. Mines will provide
support to the Complainant, Respondent, any other impacted parties it identifies during the
course of its investigation, and the Mines campus community as reasonable and appropriate
to the circumstances. Such support may take many forms, including, but not limited to the
following:

• Providing referrals for counseling and victim’s support services;
• Providing referrals for medical services;
• Arranging for the Complainant to re-take a course or withdraw from a class without
penalty, including ensuring that any changes do not adversely affect the
Complainant’s academic record;
• Ensuring that the Complainant and the Respondent do not attend the same classes or
that neither is enrolled in a class taught by the other;
• Providing an escort to the Complainant so that he or she can transition between
classes and activities without risk of running into the Respondent alone;
• Moving the Complainant or Respondent to a different campus housing unit;
• Providing academic support services, such as tutoring;
• Additional campus-wide, office or department specific training or access to
assistance; and
• Any other steps Mines determines are reasonable and appropriate given the nature
and circumstances of the harassment.
8.0 HISTORY AND REVIEW CYCLE.
The Responsible Administrative Unit reviews the procedures at least every 2 years, or as
needed.
Issued May 1, 2012
Revision August 19, 2015
Revision November 3, 2015
Revision July 1, 2016
Revision February 24, 2017


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Document Outline