Unlawful Discrimination Policy


History:
Amended by the Colorado School of Mines Board of Trustees on
August 29, 2014. See full history on page 2




1.0
BACKGROUND AND PURPOSE
This policy is promulgated by the Board of Trustees pursuant to the authority conferred upon it by
§23-41-104(1), C.R.S. (1999) in order to set forth a policy concerning unlawful discrimination at
Mines. This policy shall supersede any previously promulgated Mines policy that is in conflict
herewith.

2.0
UNLAWFUL DISCRIMINATION POLICY
Attendance and employment at Mines are based solely on merit and fairness. Discrimination on
the basis of age, gender, race, ethnicity, religion, national origin, disability, sexual orientation, or
military veteran status is prohibited. No discrimination in admission, application of academic
standards, financial aid, scholastic awards, or any terms or conditions of employment shall be
permitted. If a complaint of discrimination on the basis of gender arises, it shall be governed
under Mines’ Policy Prohibiting Gender-Based Discrimination, Sexual Harassment and Sexual
Violence.

3.0 PERSONS WHO MAY FILE AN UNLAWFUL DISCRIMINATION COMPLAINT
An unlawful discrimination complaint may be filed by any individual described in one of the
categories below:

A. Any member of the Mines campus community, including classified staff, exempt
employees, and students as well as any applicant for employment or admission, who
believes that he or she has been discriminated against by Mines, a branch of Mines, or
another member of the Mines community on account of age, race, ethnicity, religion,
national origin, disability, sexual orientation, or military veteran status;

B. Any person who believes that he or she has been threatened with or subjected to duress
or retaliation by Mines, a branch of Mines, or a member of the Mines community as a
result of (1) opposing any unlawful discriminatory practice; (2) filing a complaint hereunder;
(3) representing a complainant hereunder; or (4) testifying, assisting, or participating in any
manner in an investigation, proceeding, hearing, or lawsuit involving unlawful
discrimination; or

C. The Associate Vice President for Human Resources or an attorney from the Office of
Legal Services, if any of these individuals deem it to be in the best interest of Mines to do
so.

4.0
CHOICE OF REMEDIES
No complainant shall be permitted to file an unlawful discrimination claim under the Mines
Unlawful Discrimination Policy and any other complaint or grievance policy or procedure when
the complaint or grievance arises out of an identical set of facts. In such a situation, a
complainant shall be entitled to file his or her claim under the policy or procedure of his or her
choice.





Unlawful Discrimination Policy


History:
Amended by the Colorado School of Mines Board of Trustees on
August 29, 2014. See full history on page 2



5.0
IMPLEMENTATION
Mines’ Board of Trustees directs the President or President’s delegates to develop, administer
and maintain the appropriate administrative policies, procedures, and guidelines to implement
this policy.

6.0
RESOURCES
Contact for Complaints about Student Behavior:
 Rebecca Flintoft, Director of Auxiliary Services, Student Center; Telephone -
303.273.3288; Email – rflintof@mines.edu
 Brent Waller, Director of Residence Life and Housing; Telephone - 303.273.3046; Email
– bwaller@mines.edu

Policies and Procedures for Complaints regarding Student Behavior:
 Notice of Nondiscrimination
 Unlawful Discrimination Investigation, Resolution and Adjudication Procedure for
Complaints Involving Student Behavior
 Policy Prohibiting Gender-Based Discrimination, Sexual Harassment, and Sexual
Violence

Contact for Complaints about Employee or Third Party Behavior:
 Mike Dougherty, Associate Vice President for Human Resources, Guggenheim Hall;
Telephone - 303.273.3250; Email – mdougher@mines.edu
 Veronica Graves, Assistant Director of Human Resources, Guggenheim Hall; Telephone
- 303.273.3250; Email – vgraves@mines.edu
 Karin Ranta-Curran, Assistant Director for Human Resources - EEO and Equity and Title
IX Coordinator, Guggenheim Hall; Telephone - 303.384.2558; Email -
krcurran@mines.edu

Policies and Procedures for Complaints regarding Employee or Third-Party Behavior:
 Notice of Nondiscrimination
 Unlawful Discrimination Complaint, Investigation and Resolution Procedure for
Complaints Involving Employee or Third-Party Behavior
 Policy Prohibiting Gender-Based Discrimination, Sexual Harassment, and Sexual
Violence
7.0
HISTORY
Promulgated by the Mines Board of Trustees on March 13, 1992.
Amended by the Mines Board of Trustees on June 10, 1999.
Amended by the Mines Board of Trustees on June 22, 2000.
Amended by the Mines Board of Trustees on June 7, 2003.
Amended by the Mines Board of Trustees on August 14, 2007.
Amended by the Mines Board of Trustees on August 29, 2014.


Policy:
Workplace Violence
Page 1 of 4

Issued:
October 10, 2007
Revised:

1.0 BACKGROUND AND PURPOSE

Increasingly, incidents of violence and workplace confrontations are becoming
more common throughout society. While this kind of behavior is not prevalent at
Colorado School of Mines, and indeed it is rare, it is never-the-less prudent for
CSM to clearly communicate its expectations of all who come to campus. Since
August 1996, CSM has relied upon an Executive Order issued by Governor Roy
Romer, for its Workplace Violence prohibition guidelines. The policy and
procedures below are intended to amplify Governor Romer’s executive order and
provide a reporting, complaint and resolution process.

2.0 POLICY

Colorado School of Mines is committed to maintaining an environment of respect
that is free from violence or threats of violence. As a diverse community
requiring trust, openness, and physical safety, CSM will not tolerate violence or
threats of violence in the campus community and workplace. It is the policy of
CSM not only to prohibit such behavior, but also to take seriously all reports of
incidents, addressing each as appropriate. Further, all weapons identified and
defined in Colorado Revised Statutes § 18-12-101 are banned from CSM
premises. (Exception: Students who wish to possess firearms are referred to
the Firearms Storage Procedures as outlined in the Campus Rules and
Regulations section of the Student Handbook. All firearms must be stored at the
CSM Department of Public Safety Office and all access will be controlled by the
Public Safety Department.)

This policy applies to all persons conducting business with or visiting CSM, even
though such persons are not directly affiliated with CSM. Individuals who violate
this policy may be removed from the premises and, depending on the
employment relationship, will be subject to disciplinary action that can include
termination of employment as well as criminal prosecution, or both.

3.0 DEFINITIONS

3.1
Violent Behavior – Any act or threat of physical, verbal or psychological
aggression or the destruction or abuse of property by an individual. Threats
(including those made in person, by mail, over the telephone, by fax, by e-mail,
or by other means) may include veiled, conditional or direct threats in verbal or


Policy:
Workplace Violence
Page 2 of 4

Issued:
October 10, 2007
Revised:

written form, resulting in intimidation, harassment, harm, fear, or endangerment
of the safety of another person or property. In addition, acts or threats may
include gestures or symbols.

3.2
Workplace or Premises – Includes all CSM property, facilities and off-
campus locations where faculty, staff, or students are engaged in CSM business,
educational programs, or activities.

4.0 PROCEDURES

4.1 Reporting: Faculty and staff involvement is essential to preventing
violence or threats of violence. All members of the CSM community have a
responsibility to report threatening or violent behavior. Each faculty and staff
member must immediately report to his or her supervisor or department head, to
the CSM Department of Public Safety, or to Human Resources any acts or
behaviors covered under this policy. If the employee’s supervisor is the
perpetrator, the employee must report the behavior to the next level manager.

4.1.1 Reporting Imminent Acts or Threats: In the case of an actual or
imminent act or threat of violent behavior, call the CSM Campus Police
Department at 303.273.3333 (from on-campus phones, simply dial 3333) or use
911 to alert the Golden Police Department who will coordinate with CSM police.
When in doubt about the urgency of the threat of violence, CSM police should be
contacted.

4.1.2 Criminal Acts: Any employee who believes a crime has been committed
has the right to report that to the proper law enforcement agency.

4.2 Supervisors: Any supervisor who becomes aware of violent or
threatening behavior must report the incident to his or her manager and to
Human Resources. If the supervisor believes that someone may be in imminent
danger, or if the incident in question resulted in anyone being physically harmed,
the supervisor must first immediately contact the CSM Police Department and
then report the incident to his or her manager and Human Resources.

4.2.1 Immediate Action: Nothing in this policy and procedures relieves a
supervisor or manager from taking immediate action when the safety or security
of employees or students is threatened and time is crucial. CSM will support
efforts made by supervisors, managers, and campus specialists in dealing with
immediate violent behavior or immediate threats of immediate violent behavior.


Policy:
Workplace Violence
Page 3 of 4

Issued:
October 10, 2007
Revised:

4.3 Confidentiality: CSM will ensure that all reports of workplace violence
are treated confidentially to the extent possible. Reports of threatening or violent
behavior will be disclosed as necessary in order to: (a) conduct an investigation,
(b) to protect the reporting individual(s) from possible retaliation, (c) to complete
disciplinary action, and (d) to protect the alleged offender.

4.4
Investigation: Upon a report of workplace violence, CSM will conduct an
investigation as promptly as feasible. Depending on the level of the incident, the
investigation may be led by CSM Public Safety, Human Resources, the
department head in the affected department, or other CSM entity as appropriate.
In most cases, an investigation will be a joint effort undertaken with the advice
and counsel of CSM’s Office of Legal Services.

4.5 Discipline and Sanctions: Depending upon the outcome of the
investigation, violation of this policy may result in employment-related discipline
up to and including termination of employment. If the incident was of a nature
where it was reported to a law enforcement agency, the criminal justice system
may also impose penalties. Non-employee violations of this policy will be
handled in accordance with applicable laws. Further, CSM will support criminal
prosecution against any person who commits a crime in violation of this policy.

4.6 Retaliation: Reasonable action will be taken to ensure that persons
involved in an investigation, or in providing information during an investigation, do
not suffer any form of retaliation because of their good faith participation.
Retaliation against anyone for good faith reporting of a violation of this policy or
for cooperating in an investigation under this policy is prohibited and creates a
separate, serious offense.

4.7 False Charges: If, upon investigation, it is determined that a report was
intentionally falsified or made maliciously, the employee providing the false
information will be subject to disciplinary action up to and including termination
and, depending on the facts, may be subject to criminal prosecution.

4.8 Restraining / Protective Orders: Any employee who has obtained a
restraining / protective order or other judicial order that lists a CSM location as a
protected area must immediately provide a copy of the order to the CSM Campus
Police. Other parties may also be informed when deemed necessary by CSM
Campus Police for the safety of the CSM community.


Policy:
Workplace Violence
Page 4 of 4

Issued:
October 10, 2007
Revised:

4.9 Employee Assistance Program: Confidential counseling and assistance
for employees and supervisors is available through the Colorado State Employee
Assistance Program (C-SEAP) at no charge. C-SEAP program, services, and
contact information may be found on the CSM Human Resources web site or at
C-SEAP’s web page: http://www.colorado.gov/dpa/dhr/eap/index.htm.

4.10 Freedom of Expression: CSM recognizes the necessity of protecting
individual rights and encouraging free speech, but also recognizes that certain
conduct can threaten the mutual respect that is the foundation of scholarly
communities. Nothing in this policy and these procedures is intended to curtail
an individual’s right to express himself/herself as long as that expression does
not constitute “Violent Behavior” as defined in these procedures.

Amorous Relationships Policy

Amended by the Colorado
Policy Contact:
School of Mines Board of
Title IX & Equity Compliance Office
Trustees July 15, 2016
krcurran@mines.edu


1.0
BACKGROUND AND PURPOSE

This policy is promulgated by the Board of Trustees of the Colorado School of Mines (“Mines” or
“the University”), pursuant to the authority conferred upon it by C.R.S. §23-41- 104(1). Through
this policy, Mines outlines its expectations regarding amorous relationships between Mines’
community members. This policy shall govern if any of its provisions conflict with other Mines
policies.

2.0
POLICY

For the protection of all Mines community members, amorous relationships with inherent
conflicts of interest and significant power differentials are prohibited unless and until the
conflict of interest is disclosed AND removed.

Even if both parties to the amorous relationship appear to have consented, if the parties are in
unequal positions relative to one another, this may result in significant power differentials. The
existence of a power differential may restrict the less powerful individual's choice to participate
freely and willingly in the relationship due to actual or perceived coercion and/or retaliation.
Mines considers there to be three categories of amorous relationships: a) those not subject to
the restrictions below; b) those that are permitted with appropriate disclosure and conflict of
interest monitoring; and c) those that are prohibited. The latter two are discussed below.

2.1
AMOROUS RELATIONSHIPS REQUIRING DISCLOSURE AND CONFLICT OF
INTEREST MONITORING

If an amorous relationship between Mines community members does not have a current conflict
of interest or power differential, but could reasonably result in either at some point in the future,
then disclosure to and monitoring by the appropriate supervisor are required. Examples of
amorous relationships that must be disclosed include, but are not limited to:

• Employees who have an amorous relationship with another person over whom they
have indirect supervisory responsibilities (e.g., influence over assignments, oversight of
hours worked or schedules, input regarding performance, etc.)

• An Instructor who engages in an amorous relationship with a student for whom the
Instructor has no current professional responsibility, but where there is a reasonable
expectation that the Instructor may have professional responsibility for the student at
some point in the future.

2.2
PROHIBITED AMOROUS RELATIONSHIPS

The following amorous relationships are prohibited under all circumstances:
Page 1 of 3

Amorous Relationships Policy

Amended by the Colorado
Policy Contact:
School of Mines Board of
Title IX & Equity Compliance Office
Trustees July 15, 2016
krcurran@mines.edu

• No person in a Position of Trust, as defined below, shall engage in an amorous
relationship with a student.

• No Instructor shall engage in an amorous relationship with a student who is enrolled in a
course being taught by the Instructor, whose academic performance is supervised by the
Instructor, or who volunteers for or performs work of any kind for the Instructor.

• No Supervisor shall engage in an amorous relationship with a person over whom they
have direct supervisory responsibilities.

• No Mines employee shall engage in an amorous relationship with another Mines student
or employee over whom they have evaluative responsibilities, such as in the context of a
thesis or a promotion/tenure committee.

Any such relationship will be presumed to be non-consensual by Mines. Any employee who is
aware of such a relationship is a mandatory reporter and must report the existence of a
prohibited relationship to the Title IX and Equity Compliance office.


3.0 VIOLATIONS AND SANCTIONS FOR VIOLATIONS

• Engaging in an amorous relationship that is prohibited by this policy constitutes a
violation that may result in sanctions up to and including removal of the employee’s
supervisory, instructional or evaluative responsibilities and/or termination.

• Failing to disclose an amorous relationship as required by this policy constitutes a
violation that may result in sanctions up to and including removal of the employee’s
supervisory, instructional or evaluative responsibilities, and/or termination.

• In cases where a student employee has engaged in an amorous relationship that may
have violated this policy, the matter will be referred to the Dean of Students for
adjudication.

4.0 RETALIATION PROHIBITION AND SANCTIONS FOR RETALIATION

Mines’ employees may not retaliate against an individual for making a report under this Policy or
participating in an investigation regarding allegations that fall within the Policy. Any employee
who engages in retaliation may be subject to disciplinary action up to and including termination
and/or expulsion. Reports of retaliation will be reviewed and investigated in the same manner in
which other allegations of misconduct are handled.


Page 2 of 3

Amorous Relationships Policy

Amended by the Colorado
Policy Contact:
School of Mines Board of
Title IX & Equity Compliance Office
Trustees July 15, 2016
krcurran@mines.edu


5.0 IMPLEMENTATION

Mines’ Board of Trustees directs the President or President’s delegates to develop, administer,
and maintain the appropriate administrative policies, procedures, and guidelines to implement
this policy.


6.0 DEFINITIONS

Amorous relationship: a romantic, dating, or sexual relationship. This definition excludes
marital or civil union relationships.

Employee: Any person employed or appointed by Mines, including but not limited to, academic
faculty, administrative faculty, state classified staff, graduate assistants, student hourly
employees, non-student hourly employees, non-paid staff, authorized volunteers, non-
remunerative appointees, and student work-study employees.

Instructor: Any person who performs any teaching, instruction, or coaching duties at Mines,
including academic faculty members, instructional staff, athletic coaches, non-remunerative
appointees and graduate students with teaching or tutorial responsibilities.

Person in a Position of Trust: Any person employed in a position that could or would
compromise the employee’s ability to perform his or her duties appropriately if they engaged in
an amorous relationship with a Student. Persons in Positions of Trust at Mines include, but are
not limited to, employees of the Admissions Office, Registrar’s Office, Student Life Division
including the Residence Life Office, Center for Academic Services and Advising (CASA), and
Public Safety Department.

Student: Any person who is applying to the University or who is currently enrolled at Mines,
regardless of age or status.

Supervisor: Any person employed at Mines who occupies a position of authority over another
employee with regard to hiring, administering discipline, conducting evaluations, granting salary
adjustments, or overseeing or assigning work.


7.0
REVIEW CYCLE AND HISTORY

The policy will be reviewed at least every two years by the Title IX and Equity Officer.
Promulgated by the CSM Board of Trustees on February 14, 1992.
Amended by the CSM Board of Trustees on June 18, 1992.
Amended and Administratively Adopted March 2012.
Amended by the CSM Board of Trustees on July 15, 2016.(formerly known as the “Personal
Relationships Policy”)
Page 3 of 3


Procedures for the
Responsible Administrative
Amorous Relationships
Unit:
Policy
Administration & Operations

Procedures Adopted:
Policy Contact:
July 15, 2016
Title IX & Equity Compliance Office

krcurran@mines.edu

1.0
BACKGROUND, PURPOSE AND JURISDICTION

On July 15, 2016, the Board of Trustees of the Colorado School of Mines (“Mines”) adopted the
Amorous Relationships Policy (“the Policy”). The Policy prohibits certain amorous relationships
involving one or more Mines Employees due to inherent conflicts of interest. The Policy also
mandates disclosure of amorous relationships between one or more Employees that could
reasonably result in a conflict of interest. This procedure implements the Policy and provides for
the following:

• a disclosure process through which Mines Employees can identify amorous
relationships;
• institutional responses to rectify current or future conflicts of interest arising from
amorous relationships; and
• a process for prompt, fair, and impartial investigation and resolution of complaints
arising under the Policy.

2.0
DISCLOSURE PROCESS

2.1
When an amorous relationship must be disclosed, it is the responsibility of the person in
the higher power position to initiate the disclosure.

2.2
The relationship must be reported immediately to the appropriate dean, department
head, or supervisor so that suitable arrangements can be made to avoid current and
future conflicts of interest.

2.3
The disclosure must be in writing and contain the following information:
• Name and status of the parties to the relationship;
• Identification of any potential or existing conflicts of interest;
• Date the relationship began; and
• Date the disclosure was required under this policy.

2.4
The supervisor who receives the disclosure will maintain the confidentiality of the
relationship to the extent practicable. Disclosure of the relationship to a third party by the
supervisor may be necessary in order for the supervisor to receive advice from the
Human Resources or other campus departments, to explain a change in assignments,
etc.

2.5
The supervisor will provide a copy of the disclosure document to the Title IX and Equity
Compliance office to avoid any confusion in the event that office receives a complaint
about the amorous relationship.


Page 1 of 2


Procedures for the
Responsible Administrative
Amorous Relationships
Unit:
Policy
Administration & Operations

Procedures Adopted:
Policy Contact:
July 15, 2016
Title IX & Equity Compliance Office

krcurran@mines.edu

3.0 CONFLICT OF INTEREST RESOLUTION AND/OR MITIGATION

3.1
Disclosure of an amorous relationship may result in the removal of the supervisory,
evaluative, or instructional responsibilities from the person in the higher position as
deemed necessary by the supervisor.

3.2
Even if the conflict of interest can be resolved, the person in the higher position shall be
held accountable for any unprofessional behavior resulting from the amorous
relationship.

4.0
COMPLAINT

4.1
Complaints regarding amorous relationships or suspected amorous relationships will be
referred to the Title IX and Equity Compliance office.

4.2
All complaints will be resolved through the Procedures for Resolving Complaints of
Gender-Based Discrimination, Sexual Harassment, and Sexual Violence Against
Employees or Third Parties, which are found in the Mines’ Policy Library.

4.3
In cases where a complaint is received about a student employee engaging in an
amorous relationship that may have violated the Student Code of Conduct, the matter
will be referred to the Dean of Students for adjudication.

5.0
SANCTIONS

5.1
Failure to disclose an amorous relationship referenced in the Policy may result in
disciplinary action up to and including removal of the Employee’s supervisory,
instructional or evaluative responsibilities and/or terminations of employment.

5.2
Misrepresentation of the circumstances of the amorous relationship by the disclosing
party may result in disciplinary action up to and including removal of the Employee’s
supervisory, instructional or evaluative responsibilities and/or terminations of
employment.

6.0
REVIEW CYCLE AND HISTORY

These procedures shall be reviewed concurrently with the Amorous Relationships Policy.
Procedures Administratively Adopted July 15, 2016.
Page 2 of 2




Policy on the Protection
Responsible Administrative Unit:
of Minors
Office of Compliance and Policy


Policy Contact:
Issued: April 24, 2014
Director of Compliance and Policy

Email address:

compliance@mines.edu
Revised:




1.0
BACKGROUND AND PURPOSE
Colorado School of Mines (“Mines” or “university”) is committed to the safety of all individuals in
its community. The university has particular concern for those who are potentially vulnerable,
including minors, who require special attention and protection. This policy establishes guidelines
for the Mines community-at-large, as well as for those in the Mines community who may work or
interact with individuals under 18 years of age, with the goal of promoting the safety and well-
being of minors and ensuring compliance with applicable laws.
2.0 SCOPE
This policy provides broad safeguards intended to better protect minors when they are on the
university Campus, participating in university programs and activities designed to include
minors, or when they are in the care of University Personnel, Volunteers, or Contractors. All
Mines Personnel, Volunteers, and Contractors are expected to be familiar and comply with the
provisions of this Policy and any related university policies and/or procedures. This policy also
establishes requirements for non-university organizations and entities, including but not limited
to Recognized Student Organizations, that operate non-university programs or activities
designed to include minors.
3.0 DEFINITIONS
For purposes of this policy only, the following definitions shall apply:
3.1
Abuse or Neglect of Minors: As defined in Colorado state statute (C.R.S. § 19-
1-103). Please consult statute for full definition. In summary, child abuse and
neglect means an act or omission that threatens the health or welfare of a person
under 18 years of age.
3.2 Campus: All buildings, facilities, and properties that are owned, operated,
managed, or controlled by Mines.
3.3 Minor: A person under the age of eighteen (18).
3.4
Recognized Student Organization: A student organization and club registered
with the Board of Student Organizations. For purposes of this policy only, a
Recognized Student Organization is considered to be a non-university
organization and entity.




Policy on the Protection
Responsible Administrative Unit:
of Minors
Office of Compliance and Policy


Policy Contact:
Issued: April 24, 2014
Director of Compliance and Policy

Email address:

compliance@mines.edu
Revised:




3.5
University (or Mines) Contractor: An individual or entity retained by the
university under contract to provide services and/or support for university
programs and activities designed to include minors.
3.6
University (or Mines) Personnel: Includes, but is not limited to all university
faculty, staff, post-doctoral fellows, visiting scholars, and students in their
capacity as student-employees.
3.7
University (or Mines) Volunteer: An uncompensated individual who is
authorized by a university department or unit to: a) perform civil, charitable, or
humanitarian services related to the business of or in support of activities of the
university designed to include minors; or b) gain personal or professional
experience in specific endeavors involving minors. Volunteers perform services
without a promise, expectation, or receipt of any compensation for services
performed, including a promise of future employment. This definition does NOT
include parents or guardians who are accompanying their child at a program or
activity and who may provide incidental service for the program or activity.
3.8 Academic
Year:
Beginning of Fall Semester through the end of the Summer II
session.
4.0 POLICY
STATEMENTS
4.1
All University Personnel, Volunteers and Contractors must:
 Always be vigilant in protecting the well-being and safety of Minors with
whom they interact on Campus or at a university program, event or activity.
 Watch for signs of Abuse or Neglect of Minors, and promptly report
suspected instances of abuse or neglect, or violations of this policy or law, as
provided in Section 5.0 below.
4.2
All University Personnel, Volunteers and Contractors who plan to operate, host,
or initiate university involvement in a program, event, or activity (“Program”)
designed to include Minors must provide information to the Office of Compliance
and Policy by timely completing and submitting the Protection of Minors Event
form.
 Such information shall include each Program’s dates, times, locations,
estimated attendance (age range and number of participants), and the
contact information for two responsible individuals who will make
arrangements for the safety of Minors and other participants in the event of
an emergency.




Policy on the Protection
Responsible Administrative Unit:
of Minors
Office of Compliance and Policy


Policy Contact:
Issued: April 24, 2014
Director of Compliance and Policy

Email address:

compliance@mines.edu
Revised:




 Protection of Minors Event form must be completed (per instructions found on
the form) prior to the start of a new Program, and annually for any such
Program that is repeated in a new academic year or continues beyond a
single academic year.
4.3
All University Personnel, Volunteers and Contractors who are responsible for the
supervision or care of Minors, or whose duties would require close contact and/or
time alone with Minors who are not enrolled or accepted for enrollment at the
university, must complete a criminal background check and sex offender registry
check in accordance with the university’s background check policy.
 University Personnel, Volunteers and Contractors who only interact in classes
or other routine academic settings with Minors who are enrolled or accepted
for enrollment at the university are not obligated to complete additional
background checks beyond the parameters established by the university’s
Background Investigation Policy.
4.4
Non-university organizations and entities that operate non-university Programs
on campus (including, but not limited to Recognized Student Organizations,
lessees, etc.) are obligated to be familiar with this policy, ensure their staff,
volunteers and participants are familiar with this policy, and take appropriate
precautions to protect Minors participating in or attending their programs.
4.5
Non-university organizations and entities that operate Programs on Campus
involving Minors must inform the appropriate Mines’ contract approval authority in
writing if the organization or entity has any knowledge (whether obtained via
background investigation or other means) of a criminal conviction or other
adverse information regarding its employees, volunteers, or participants, the
nature of which could impact the safety and well-being of other individuals on
Campus, especially Minors.
 Examples
of information that must be reported include, but are not limited to:
all felony convictions; all convictions of any level that involve Minors; all
assault convictions; all convictions of any type that result from injury to
others; and any information of a similar nature.
4.6
Mines may exclude from Campus, at its sole discretion, any external Program
employee, volunteer, or representative identified pursuant to subsection 4.5.
Further, Mines may request any additional information it deems necessary to
meet the requirements of this policy.






Policy on the Protection
Responsible Administrative Unit:
of Minors
Office of Compliance and Policy


Policy Contact:
Issued: April 24, 2014
Director of Compliance and Policy

Email address:

compliance@mines.edu
Revised:




5.0 REPORTING
POTENTIAL HARM TO MINORS
According to Colorado law, every person who has reasonable grounds to believe that a crime
has been committed has a duty to promptly report the suspected crime to law enforcement
authorities. An individual who reports a suspected crime in good faith is deemed immune from
civil liability for reporting. [Section 18-8-115, C.R.S.].
5.1
Emergencies. In case of an emergency, one should immediately call 911.

5.2
All Other Reports of Known or Suspected Abuse or Neglect of Minors.
All University Personnel, Volunteers and Contractors who know, suspect or
receive information indicating that a Minor has been abused or neglected, or who
have any other concerns about the safety of minors MUST:
• Immediately call the Mines Department of Public Safety at (303) 273-3333, or
the appropriate local police department if the university Program is operating
off-campus; AND
• Report the incident to either the Dean of Students Office at (303) 273-3231 or
the Provost Office at (303) 273-3399, AND other appropriate members of
Mines senior leadership.

Anyone who knows or suspects abuse or neglect of Minors may also notify the
Jefferson County Department of Human Services, Division of Children, Youth &
Families (“CYF”) child abuse hotline at (303) 271-HELP (4357). The hotline is
available 24 hours a day, seven days a week. Additional information about
reporting can be found at the CYF website.
6.0
ADDRESSING REPORTS OF ABUSE OR NEGLECT
Whenever the university receives a report of alleged abuse or neglect of a minor when the
minor is participating in a university Program designed to include Minors, or when the Minor is in
the care of University Personnel, Volunteers, or Contractors:
6.1
The person receiving the report shall immediately notify (1) the Mines
Department of Public Safety or the local police department if off-campus, AND
(2) the Dean of Students Office or the Provost Office, AND other appropriate
members of Mines senior leadership even if it is believed notification has already
occurred.
6.2
The Mines Department of Public Safety and the Dean of Students or Provost, in
consultation with the Office of Legal Services and other appropriate senior
leadership, shall:




Policy on the Protection
Responsible Administrative Unit:
of Minors
Office of Compliance and Policy


Policy Contact:
Issued: April 24, 2014
Director of Compliance and Policy

Email address:

compliance@mines.edu
Revised:




Take immediate steps to prevent further harm to the alleged victim or other
Minors, including, where appropriate, removing the alleged abuser from the
Program or limiting his or her contact with Minors pending resolution of the
matter.
Determine whether the Mines Department of Public Safety, the Golden
Police, and/or the Jefferson County CYF Department, have already been
notified and, if not, whether such notification is required or appropriate given
the circumstances.
If the parents or guardians of the alleged victim have not been notified and
are not the alleged abusers, notify the parents or guardians of the Minor
involved.
Investigate the report and resolve the matter in a way that safeguards Minors,
protects the interests of victims and reporters, affords fundamental fairness to
the accused, and meets relevant legal requirements.
Facilitate the School’s cooperation with any investigation conducted by Mines
Department of Public Safety, the Golden Police Department, and/or the
Jefferson County CYF Department or other governmental agency.
7.0 ENFORCEMENT
Sanctions for violations of this policy will depend on the circumstances and the nature of the
violation, but may include the full range of available university sanctions applicable to the
individual, including suspension, dismissal, termination, and, where appropriate, exclusion from
Campus. Mines may also take any interim actions it deems necessary before determining
whether a violation has occurred. The university may terminate relationships or take other
appropriate actions against non-Mines entities and individuals deemed in violation of this policy.
8.0 POLICY
IMPLEMENTATION AND MODIFICATION
8.1
All University Personnel, Volunteers and Contractors subject to the background
investigation requirement in Section 4.3 and engaged in new Programs not in
existence at the time of the policy adoption must complete background check
requirements prior to participating in the Program, unless a background check
was completed within the five (5) years preceding participation in the Program.
8.2
All University Personnel, Volunteers and Contractors subject to the background
investigation requirement in Section 4.3 and engaged in existing Programs at the
time of the policy adoption must complete background check requirements within
90 days of the policy implementation date, or have had a background check
completed within the five (5) years preceding their participation in the Program.




Policy on the Protection
Responsible Administrative Unit:
of Minors
Office of Compliance and Policy


Policy Contact:
Issued: April 24, 2014
Director of Compliance and Policy

Email address:

compliance@mines.edu
Revised:




8.3
All University Personnel, Volunteers and Contractors subject to the background
investigation requirement in Section 4.3 must complete background check
requirements every five (5) years.
8.4
Background check investigation requirements and procedures are set forth in the
university’s Background Investigation Policy.
8.5
The university will establish procedures and forms as appropriate to implement
this policy and monitor compliance.
8.6
Questions about the interpretation or application of this policy should be
addressed to the Office of Compliance and Policy, which shall administer and
oversee the implementation of the policy in a manner that best achieves its
goals.