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 Assault and Sexual Harassment.
II. Purpose
-
The purpose of this Protocol is to provide guidance to faculty, staff and student employees who may be the first person to receive a report from a person who has allegedly experienced Sexual Harassment or Sexual Assault.
-
The Protocol is organized to provide the following information:
-
Explain the obligation of faculty, staff and student employees if they receive a report of a Sexual Assault or other crime (See section IV).
-
Explain the obligation of supervisors if they receive a report of Sexual Harassment or Sexual Assault (See section V).
-
Identify the offices that can advise faculty and staff on their reporting obligations (See section VI).
-
Identify confidential, counseling resources available to any faculty, staff or student involved in Sexual Harassment or Sexual Assault (See section VII
-
III. Definitions
-
As used herein, "Sexual Harassment" has the same definition set forth in the University of Colorado systemwide Administrative Policy Statement, entitled, Sexual Harassment Policy and Procedures.1
-
As used herein, "Sexual Assault" includes any sexual conduct that may constitute a crime.
IV. Obligation to Report Criminal Conduct, Including Sexual Assault
- Colorado law makes it the duty of every person who has reasonable grounds to believe that a crime has been committed to report promptly the suspected crime to law enforcement authorities.2
- At UCB, faculty and staff who are informed about a Sexual Assault or other crime should contact the University Police Department (CUPD). They are also encouraged to inform their supervisor.
V. Obligation to Report Sexual Harassment
-
The systemwide Administrative Policy Statement (APS), "Sexual Harassment Policy and Procedures,"3 requires any supervisor4 who experiences, witnesses or receives a written or oral report or complaint of Sexual Harassment or related retaliation that occurred in a University program or activity, to promptly report it to a campus sexual harassment officer.
-
At UCB, if the alleged perpetrator is a student, a supervisor is required to contact Judicial Affairs (JA). In all other cases involving alleged Sexual Harassment, a supervisor is required to contact the Office of Sexual Harassment (OSH).
VI. Advice about Reporting Obligations
If an individual contacted by a person who has allegedly experienced a Sexual Assault wishes to obtain advice regarding reporting obligations, s/he should consult with OSH, JA, CUPD, or the Office of the University Counsel. In general, an individual only need call one of these offices, because each of these offices shares information with one another as appropriate.
In consideration of the sensitive nature of Sexual Assaults, except for fulfilling the above-described reporting obligations, individuals who have been contacted by a person alleged to have experienced a Sexual Assault should not disclose the identity of the person who experienced the Sexual Assault, the factual circumstances or the identity of anyone else who may have been involved.
VII. Getting Confidential Advice to Assist Victims
-
Any faculty, staff or student employee contacted by a person who has allegedly experienced Sexual Assault or Sexual Harassment should use his/her best efforts to assist the person and to assist the University to maintain an environment that is intolerant of violence and sexual exploitation.
-
UCB recommends that victims of Sexual Assault call the Office of Victim Assistance (OVA). OVA is staffed with professional counselors experienced in assisting victims and others involved in Sexual Assault. OVA is also knowledgeable about the reporting responsibilities related to Sexual Assault. While UCB recommends the OVA for this situation, confidential advice can be obtained from any of the UCB offices described in Attachment 1.
CU-Boulder Confidential Resources
Getting Help While Maintaining Confidentiality
Contacting the following offices does not constitute
notice to the University that Sexual Misconduct may
have occurred and the personnel in these offices
are not required to pass on your information to the
sexual harassment officer.
- Victim Assistance, 303-492-8855, 217-218 Willard Administrative Center, 140 UCB.
- Wardenburg Psychological Health and Psychiatry, 303-492-5654, 130 Wardenburg Health Center, 119 UCB.
- Counseling and Psychological Services, 303-492-6766, 134 Willard Administrative Center, 104 UCB.
- Faculty and Staff Assistance Program, 303-492-3020, 220-223 Willard Administrative Center, 104 UCB
- Center for Multicultural Affairs, 303-492-5667, 118 Willard Administrative Center, 103 UCB
- Ombuds Office, 303-492-5077, 302 Willard Administrative Center, 112 UCB.
Victim Assistance, 303-492-8855, 217 and
218 Willard Administrative Center, 140 UCB
This office works with students, staff, and faculty
who are complainants of Sexual Misconduct. Professional
staff provides free, confidential services including
assessing options, supporting the complainant throughout
the investigation, and making referrals to other
resources.
Wardenburg Psychological Health and Psychiatry
Center, 303-492-5654, 130 Wardenburg Health Center,
119 UCB
Wardenburg's Psychiatry Clinic 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,
when appropriate) for students on a fee basis, discounted
through prepaid student fees and covered partially
by most health insurance. For eligible individuals
seeking help related to the experience of sexual
harassment, this clinic provides crisis counseling,
psychological support and referral to other campus
and community resources.
Counseling and Psychological Services: A
Multicultural Center, 303-492-6766, 134 Willard
Administrative Center, 104 UCB
Counseling Services is staffed by clinical and counseling
psychologists and licensed professional counselors.
For individuals seeking help with Sexual Misconduct
issues, this office provides confidential counseling
and psychological support to assist in understanding
the wide range of feelings and experiences associated
with Sexual Misconduct and in making decisions about
whether one should take action. Services are available
free of charge to all members of the University community.
Faculty and Staff Assistance Program, 303-492-3020,
220 Willard Administrative Center, 104 UCB
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.
Center for Multicultural Affairs, 303-492-5667,
118 Willard Administrative Center, 103 UCB
This
office provides confidential counseling and direction
and leadership to the Boulder community's
commitment to cultural diversity by offering innovative
services and programs. CMA fosters individual
expression and exchange of diverse thought through
community engagement and provides tailored diversity
education training programs for the campus community.
Ombuds Office, 303-492-5077, 302 Willard
Administrative Center, 112 UCB
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.
1 Sexual harassment: sexual harassment consists of interaction between individuals of the same or opposite sex 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.
2 Section 18-8-115, Colorado Revised Statutes.
3 www.cusys.edu/policies/Personnel/sexharass.html
4 As used herein, the term, supervisor, includes everyone who has the authority to hire, promote, discipline, evaluate, grade or direct faculty, staff or students. This includes everyone who manages or supervises others, including, but is not limited to faculty, teaching assistants, resident advisors, coaches and anyone who leads, administers, advises or directs University programs.
Date: April 20, 2005
Approved by: Philip P. DiStefano.
Interim Chancellor
Author: Ronald J. Stump,
Vice Chancellor for Student Affairs
Q/Sexual Assault-Harassment
Cttee/Sexual Misconduct Response Protocol.041305