Sexual violence is a severe form of sexual harassment, and refers to physical sexual acts perpetrated against a person’s will or where a person is incapable of giving consent, including but not limited to rape, sexual assault, sexual battery, sexual coercion or similar acts in violation of state or federal law.
Consent to sexual activity is informed, knowing and voluntary. Consent is active, not passive. Silence, in and of itself, cannot be interpreted as consent. Sexual activity with someone known, or who should be known, to be mentally or physically incapacitated by alcohol or other drug use, unconsciousness or blackout, or otherwise unable to give consent, is in violation of CSU policy.
Title IX Syllabus/Course Information Language
Faculty are encouraged to include the following approved language regarding Title IX reporting and student resources in their course syllabi or course content handouts to students.
COURSE CONTENT NOTE: CSU’s Discrimination, Harassment, Sexual Harassment, Sexual Misconduct, Domestic Violence, Dating Violence, Stalking, and Retaliation policy designates faculty and employees of the University as “Responsible Employees.” This designation is consistent with federal law and guidance, and requires faculty to report information regarding students who may have experienced any form of sexual harassment, sexual misconduct, relationship violence, stalking or retaliation. This includes information shared with faculty in person, electronic communications or in class assignments. As “Responsible Employees,” faculty may refer students to campus resources (see below), together with informing the Office of Support and Safety Assessment to help ensure student safety and welfare. Information regarding sexual harassment, sexual misconduct, relationship violence, stalking and retaliation is treated with the greatest degree of confidentiality possible while also ensuring student and campus safety.
- Any student who may be the victim of sexual harassment, sexual misconduct, relationship violence, stalking or retaliation is encouraged to report to CSU through one or more of the following resources:
- Emergency Response 911
- Deputy Title IX Coordinator/Office of Support and Safety Assessment (970) 491-1350
- Colorado State University Police Department (non-emergency) (970) 491-6425
Reporting Student Sexual Harassment, Sexual Violence or Sexual Assault
The University can only respond to allegations of sexual harassment, sexual violence or sexual assault if they are reported. Reporting enables the University to promptly provide support to the impacted student(s), and to take appropriate action against the responding party to prevent a recurrence and protect the campus community.
Any student who believes they may be the victim of sexual harassment, sexual violence or sexual assault is encouraged to report to CSU through one or more of the following resources:
Emergency Response – 911
Title IX Coordinator/Office of Support and Safety Assessment – (970) 491-1350
Colorado State University Police Department (non-emergency) – (970) 491-6425
Director of Student Case Management & Referral Coordination – (970) 491-8051
Any faculty or staff who receive reports of sexual harassment, sexual violence or sexual assault regarding a student should contact the Title IX Coordinator/ Director of Support and Safety Assessment at (970) 491-1350. In the event of an emergency, call 911.
In addition to the above reporting resources, students may seek confidential support and guidance via the following campus resources:
CSU has the option of contacting law enforcement in connection with a report of sexual violence or sexual assault due to concerns about the safety of students and the campus community. CSU recognizes that some victims of sexual violence or sexual assault may not wish to involve law enforcement or cooperate with a criminal investigation, and wishes to balance the individual concerns of victims with a broader goal of mitigating risks to students and the campus community. CSU seeks to balance these interests by first doing the following:
- Encouraging students to report sexual violence and sexual assault to law enforcement to help determine if a crime has been committed and what criminal action, if any, may be appropriate;
- Advising students on how to report sexual violence and sexual assault to law enforcement and what to expect if the student does report;
- Offering support in the reporting process through a victim advocate, case manager or Student Legal Services.
Reporting Employee Sexual Harassment, Sexual Violence or Sexual Assault
The University can only respond to allegations of sexual harassment, sexual violence or sexual assault if they are reported. Reporting enables the University to promptly provide support to the impacted employee(s), and to take appropriate action against the responding party to prevent a recurrence and protect the campus community.
Any employee who believes they may be the victim of sexual harassment, sexual violence or sexual assault is encouraged to report to CSU through one or more of the following resources:
Any faculty or staff who receive reports of sexual harassment, sexual violence or sexual assault regarding an employee should contact the Office of Equal Opportunity at (970) 491-5836. In the event of an emergency, call 911.
Complaints of sexual harassment, sexual violence and sexual assault are treated with the greatest degree of confidentiality possible. In all situations, confidentiality is maintained on a strict need-to-know basis; however, confidentiality can only be respected insofar as it does not interfere with the University’s obligation to investigate allegations of misconduct that require the University to take corrective action.
CSU prohibits retaliation against individuals who engage in the protected activity of filing complaints of sexual harassment, sexual violence and sexual assault or who participate in complaint processes. Retaliatory action is regarded as a basis for a separate complaint under the University’s procedures and can lead to sanctions.
In the event of alleged sexual assault or sexual violence, it is possible to explore reasonable changes in student academic and living situations. These changes may include:
Change of an on-campus student’s housing to a different on-campus location;
Assistance in completing the relocation;
Modifications to a housing contract;
Exam or academic assignment rescheduling;
Taking an incomplete in a class;
Transferring class sections;
Alternative course completion options.
Illegal Drug and/or Alcohol Use
Whenever possible the University will respond educationally rather than punitively to the illegal use of drugs and/or alcohol when a report of sexual misconduct, sexual violence or sexual assault is made. The seriousness of sexual misconduct is a major concern and the University does not want any of the circumstances (e.g., drug or alcohol use) to inhibit the reporting of an incident.
Sexual Assault Risk Reduction Strategies
Sexual assault is a crime. It is never acceptable to force sexual activity. While there are no definitive means to prevent sexual assault, below are some tips to consider:
Reduce the risk of being sexually assaulted:
Know your sexual intentions and limits and make them known.
You have the right to say “NO” to any unwanted sexual encounter.
Know that drinking and drug use can impair your judgment. You might not be able to make the same decision you would make if you were sober.
Watch out for your friends and ask that they watch out for you. A real friend will get in your face if you are about to make a mistake. Respect them if they do.
Reduce the risk of committing sexual assault:
If you find yourself in the position of being the initiator of sexual behavior, you owe sexual respect to your potential partner. Share your intentions and limits and learn your partner’s.
Don’t fall for the cliché “no really means yes.” If your partner says “NO” to sexual contact, believe them and stop.
Don’t make assumptions about:
Having sex with someone who is mentally or physically incapable of giving consent is sexual assault. If you have sex with someone who is drugged, intoxicated, passed out, or is otherwise incapable of saying no, you may be guilty of sexual assault.
Title IX Enforcement
The Office for Civil Rights, U.S. Department of Education is responsible for enforcement of Title IX.
Dear Colleague Letter, April 24, 2015
Dear Colleague Letter, April 4, 2011
Dear Colleague Letter, April 20, 2010