Sexual Assault and Sexual Harassment Response Protocol for Faculty, Staff and Student Employees

I. Introduction

The University of Colorado at Boulder (UCB) has adopted this Protocol to underscore its commitment to an environment that is intolerant of Sexual Harassment and Sexual Assault. 

II. Purpose

The purpose of this Protocol is to provide guidance to administrators, faculty, staff and student employees who may be the first person to receive a report from a person who has allegedly experienced Sexual Harassment and/or Sexual Assault.

III. Definitions

1. Sexual Harassment is defined as interaction between individuals that is characterized by unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature when: (1) submission to such conduct is made either explicitly or implicitly a term or condition of an individual's employment, living conditions and/or educational evaluation; (2) submission to or rejection of such conduct by an individual is used as the basis for tangible employment or educational decisions affecting such individual; or (3) such conduct has the purpose or effect of unreasonably interfering with an individual's work or academic performance or creating an intimidating, hostile, or offensive working or educational environment.¹
2. Hostile Environment is defined as unwelcome conduct by an individual(s) against another individual(s) based upon her/his gender that is sufficiently severe or pervasive that it alters the conditions of education or employment and creates an environment that a reasonable person would find intimidating, hostile or offensive.  The determination of whether an environment is "hostile" must be based on all of the circumstances.
3. Sexual Assault is a type of sexual harassment and includes sexual conduct without consent that may constitute a crime and/or falls under the definition of sexual misconduct in the Student Code of Conduct.²  

IV. Obligation to Report Sexual Harassment and Sexual Assault

1. The systemwide Administrative Policy Statement on "Sexual Harassment Policy and Procedures,"³ requires any supervisor⁴ who experiences, witnesses or receives a written or oral report or complaint of Sexual Harassment, Sexual Assault or related retaliation that occurs in a University program or activity, to promptly report it to a campus discrimination and harassment officer.
2. If the alleged harasser is a student, the report should go to the Office of Student Conduct (OSC).  If the alleged harasser is an employee, the report should go to the Office of Discrimination and Harassment (ODH).
3. The University acknowledges that receiving information about sexual harassment and/or sexual assault can be difficult and uncomfortable for a supervisor, particularly if the victim/complainant asks the supervisor to keep the information confidential.  A request for confidentiality does not relieve the supervisor of his or her mandatory duty to report.   In order to balance a desire for confidentiality with the supervisor's duty to report, a supervisor who suspects that he/she is about to receive information about sexual harassment and/or sexual assault should take the following action:
   
   Before the victim/complainant discloses the nature of his/her complaint, the supervisor should explain to the victim/complainant the supervisor's obligation to report the allegations and that if the victim/complainant wants to talk to someone in confidence, he/she may go to the Office of Victim Assistance or one of the other available confidential resources (see section VI below).
   
   However, if a supervisor does receive a complaint of sexual harassment and/or sexual assault, s/he must report to the ODH or OSC, as appropriate, and should:

• Refer the victim/complainant to the Office of Victim Assistance,  or the appropriate other confidential office for support and information (see attached list); and
• Explain to the victim/complainant that:
• the University takes such allegations very seriously and therefore the supervisor is required to contact either OSC or ODH to report the allegations;
• the supervisor is required to provide either OSC or ODH with all of information received;
• OSC or ODH will contact the University police if the behavior is criminal;
• these offices will contact the victim/complainant; and
• the victim/complainant may choose not to cooperate with any of these offices.

V. Advice about Reporting Obligations

If an individual would like to obtain advice regarding reporting obligations, s/he should consult with ODH, OSC, University of Colorado at Boulder Police Department or the Office of the University Counsel.   

In consideration of the sensitive nature of sexual harassment and sexual assault, except for fulfilling the above-described reporting obligations, individuals should not disclose this information with others who do not have a legitimate need to know.

VI. Getting Confidential Assistance for Victims/Complainants

CU-Boulder Confidential Resources

Victim Assistance, 303-492-8855, Center for Community (C4C), suite S440, 140 UCB, http://cuvictimassistance.com
This office is staffed with professional counselors experienced in assisting students, faculty, staff and their significant others who are victims of, or impacted by, sexual harassment and sexual assault, as well as other disturbing life events.  The professional staff is knowledgeable about the required reporting responsibilities and provides free, confidential services including assessing options, supporting the complainant throughout the investigation, counseling and psychological support, and making referrals to other resources.

Counseling and Psychological Services, 303-492-6766, Center for Community, Room, S440, 104 UCB. https://counseling.colorado.edu
CAPS is staffed by clinical and counseling psychologists and licensed professional counselors. For students seeking help with sexual harassment or sexual assault issues,  this office provides confidential counseling and psychological support to assist in understanding the wide range of feelings and experiences associated with these issues and in making decisions about whether one should take action. Services are available free of charge to all students.

Director of Student Athlete Wellness, 303-681-8600, Gate 1, Folsom Stadium
This office provides confidential counseling to Division I student athletes for life challenges that may be interfering with a student athlete's personal, academic or athletic success.  Crisis counseling and psychological support is available to the student athlete seeking assistance with sexual harassment and sexual assault.  In addition, referrals to campus and community resources are available.  This service is available free of charge for all Division I student athletes.

Faculty and Staff Assistance Program, 303-492-3020, Administrative Research Center A353, 3100 Marine St., 565 UCB, www.colorado.edu/studentaffairs/fsap  
The FSAP is a confidential counseling/consulting service designed to provide assistance to employees for personal or work-related concerns that may interfere with job performance. Services include, counseling for individuals, couples and families, mediation, supervisor training and consultation, consultation to faculty regarding student issues and organizational development.

Ombuds Office, 303-492-5077, Center for Community, Rm. N440, 112 UCB www.colorado.edu/Ombuds
This office provides confidential, informal problem-solving and dispute resolution assistance for students, faculty, and staff. Conflict is approached from a non-adversarial perspective and the office has neither sanctioning nor decision-making authority.

Faculty Ombuds Office, 303-492-1574, Administrative Research Center 25, 3100 Marine Street, 576 UCB, www.colorado.edu/Ombuds/graphics/Faculty Ombuds.html
This office provides informal, impartial, and confidential dispute resolution services for faculty members.  Conflict is approached from a non-adversarial perspective and the office has neither sanctioning nor decision-making authority.  This office also serves as a source for information on university policies and provides an opportunity for faculty facing difficult situations to discuss their options with experienced retired faculty in a confidential setting.

Wardenburg Psychological Health and Psychiatry Center, 303-492-5654, Wardenburg Health Center 130, 119 UCB, http://healthcenter.colorado.edu/ 
PHP is staffed by psychologists, psychiatrists, social workers and other professionals. This clinic provides outpatient services (including individual, couple and group psychotherapy, substance abuse services, and medication management) for students on a fee basis.  Any CU student is eligible to be seen at PHP and for students holding the Golden Buff Health Insurance Plan, there are no additional costs.  Most other health insurance plans partially cover PHP's services.  Psychological Health and Psychiatry provides crisis counseling, psychological support and referral to other campus and community resources for students seeking help with an experience of sexual harassment or sexual assault.

Date: June 17, 2010
Approved by: Philip P. DiStefano. Chancellor
Author:  Mary Friedrichs, Director, Office of Victim Assistance
Julie Wong, Vice Chancellor for Student Affairs
Q/Sexual Assault-Harassment Cttee/Sexual Misconduct Response Protocol.041305