Published: Aug. 6, 2024

After months of review, revisions and feedback from the campus community, a new systemwide nondiscrimination policy went into effect on Aug. 1. The new Protected Class Nondiscrimination Policy, or APS 5065, aligns all four CU campuses and incorporates CU Regent Policy 10A.

What you need to know

At CU Boulder, the Office of Institutional Equity and Compliance (OIEC) handles all protected-class discrimination and harassment policy-related complaints, and OIEC has been working to revise the processes and procedures specific to CU Boulder in response to the policy changes. OIEC employs a comprehensive and integrated approach to resolving concerns; implementing remedies; facilitating accommodations; connecting individuals with support services in response to incidents; and providing education and assessment to create and foster a safe, inclusive and accessible campus environment.

What has not changed

  • The purpose of the policy
  • The obligation for “responsible employees” who direct; supervise; oversee; or advise students, staff, faculty or university programs to inform OIEC of policy-related concerns disclosed to them
  • The scope, jurisdiction and responsibilities of OIEC or their ability to address incidents on and off campus
  • The fact that there is no time limit for making a complaint
  • The options for reporting and assistance

What has changed

  • Minor revisions to definitions of protected class, hostile environment and retaliation
  • Clarification that antisemitism, Islamophobia and caste are included within the university’s current prohibitions on discrimination or harassment, which may be based on the protected classes of race, color, religion, creed, national origin or ancestry
  • Specification that failure to provide or implement legally required accommodations based on an individual’s disability, pregnancy or pregnancy-related conditions, or religion is a type of discrimination 

Update on Title IX regulations

In April 2024 the U.S. Department of Education announced new Title IX regulations that went into effect Aug. 1. OIEC has been working throughout the spring and summer to assist the university system office to update the Sexual Misconduct, Intimate Partner Violence, and Stalking Policy (APS 5014).

However, last month, CU Boulder was included in a federal court injunction alongside hundreds of other universities nationwide, which effectively requires the campus to maintain sex-based discrimination and harassment policies and procedures consistent with the 2020 Title IX regulations. While the campus awaits further legal developments with the injunction, the version of APS 5014 that has been in place since 2021 will remain active for the Boulder campus.

What this means for our campus

One of the most significant changes in the new Title IX regulations was added protections on a federal level for all sex-based discrimination and harassment, including that which occurs based on sex stereotypes, sex characteristics, pregnancy or pregnancy-related conditions, sexual orientation and gender identity. The campus community should know that the Discrimination and Harassment Policy previously included protections against sexual orientation, gender identity, and pregnancy discrimination and harassment, and those protections remain, regardless of the outcome of the injunction.

CU Boulder is committed to fostering a fair and inclusive environment for all members of the campus community while also complying with state and federal law. Future updates about the new Title IX regulations and their effect on CU Boulder policies and procedures will be shared with the campus community as soon as they are available.

OIEC continues to engage our community and respond to barriers around seeking assistance. For further guidance or to report an incident, community members can contact OIEC through the online form or send an email to cureport@colorado.edu. Comprehensive information about reporting various issues, available support resources, and skills for helping others can also be found on the Don’t Ignore It website.