Title IX, Sexual Misconduct, Discrimination & Harassment

REPORTING OPTIONS

Individuals who have experienced sexual misconduct may report to any of the following resources.

• *Designated Confidential Employees / College Counselors*
• CMC Title IX Coordinator / Deputy Title IX Coordinators
• CMC staff member
• Residence Life staff
• Local law enforcement
• CMC Cares Report

Confidential Reporting
*To enable Complainants to access support and resources without filing a complaint, the College has a list of counselors and other employees who are designated as Confidential Employees. A Confidential Employee will provide the Complainant with the Title IX Coordinator’s contact information, information on how to file a complaint, inform the Complainant that the Title IX Coordinator may be able to offer supportive measures, and offer resources without any obligation to report unless a Complainant has requested the Confidential Employee share the information with the Title IX Coordinator.

Non-Confidential Reporting 
If you have experienced Sex Discrimination, Sex-Based Harassment, or Retaliation you are not required to report your own experience, however making a report soon after the incident is strongly encouraged. Filing a report with the Title IX Office will maximize the College’s ability to provide you with supportive measures and promptly respond as outlined in our procedures to stop and prevent sexual misconduct from occurring in the CMC community.

Students may choose to talk a staff member, however all College employees, including student employees, other than those deemed Confidential Employees, are required to promptly report any and all conduct that reasonably may constitute sex Discrimination, Sex-Based Harassment, or Retaliation to the Title IX Coordinator.

SUPPORT AND RESOURCES

Colorado Coalition Against Sexual Assault

Colorado Reporting Options

Eagle County (Vail Valley, Edwards)

Bright Future Foundation

24/7 SANE Colorado Mountain Medical Victim First Care 970-422-3202

SANE/FNE examiners are specially trained registered nurses and nurse practitioners. Partnering with Bright Future Foundation, CMM’s Victim First Care program provides expert medical and forensic care, as well as access to confidential advocacy services and no-cost behavioral health services for anyone who has experienced sexual assault or interpersonal violence. Transportation options are available.

Victims under 18 years of age report to Child Protective Services at 1-844-264-5437

Frisco (Breckenridge and Dillon)
St. Anthony Summit Medical Center
970-668-3300
970-668-6901

Aspen, Carbondale, Spring Valley, Glenwood Springs, Rifle  

River Bridge Regional Care Center for Pitkin, Garfield, Eagle & Rio Blanco Counties
Mountain West SANE Alliance  Brochure
970-981-9367

Steamboat Springs
Yampa Valley Medical Center
970-879-1322
Advocates of Routt County offers 24/7 support

Reach a confidential advocate by calling the crisis line at 970-879-8888

Leadville

Advocates of Lake County

719-486-3530

LoveIsRespect.org: Offers 24/7 information, support and advocacy to young people between the ages of 13 and 26 who have questions or concerns about their romantic relationships.

http://www.ccasa.org/ - Colorado Coalition Against Sexual Assault

http://ccadv.org/ - Colorado Coalition Against Domestic Violence

http://coavp.org/ - Colorado Anti-Violence Program, Building Safety and Justice for LGBTQ Communities

Colorado Organization for Victim Assistance

Crime Victim Services Directory to connect with victim service providers throughout the State of Colorado.

MEDICAL ATTENTION AND EVIDENCE PRESERVATION

It is important to preserve physical evidence of a sexual assault that may include tissue and fluid samples, evidence of violence, sheets, towels, or clothing, even if you don’t want to press charges immediately. Avoid washing, bathing, or urinating until after being examined at a Sexual Assault Nurse Examiners (SANE) program or hospital, if possible, to help preserve evidence. Because evidence of a sexual assault can deteriorate quickly, you are encouraged to seek a medical exam within 120 hours of an assault. After 120 hours, or if you have washed, some evidence such as fluids, hair samples or DNA can be collected for some time thereafter. It may also be helpful to have medical attention, even if you are not trying to obtain evidence of an assault. SANEs are trained in the collection of forensic evidence; they will also check for injuries and exposure to sexually transmit­ted diseases. If you are still wearing any clothes worn during the assault, wear them to the hospi­tal, but bring a change of clothes, as the hospital will keep the clothes you are wearing as evidence. If you have changed clothes, bring the ones you were wearing during the assault to the hospital in a clean paper (not plastic) bag or a wrapped in a clean sheet. Leave sheets/towels at the scene of the assault. Police will collect them. Typically, police will be called to the hospital to take custody of the rape kit, but it is up to you whether you wish to speak with law enforcement or file a criminal complaint.

Sexual Assault Nurse Examiners:

Colorado Coalition Against Sexual Assault

Colorado Reporting Options

Frisco (Summit County)
St. Anthony Summit Medical Center
970-668-3300
970-668-6901

Aspen, Carbondale, Spring Valley, Glenwood Springs, RiflRiver Bridge Regional Care Center for Pitkin, Garfield, Eagle & Rio Blanco Counties
Mountain West SANE Alliance  Brochure
970-981-9367

Steamboat Springs
Yampa Valley Medical Center
970-879-1322
Advocates of Routt County offers 24/7 support. Reach out confidentially to an advocate by calling the crisis line at 970-879-8888.

Sexual Assault Nurse Examiner locations in Colorado

POLICIES AND PROCEDURES

Sexual Misconduct Procedure

The Sexual Misconduct Procedures (2024 Title IX Regs) linked below describes the process applied when the College receives a report of possible Sex Discrimination or sex-based harassment. This procedure is intended to ensure a safe and non-discriminatory educational and work environment and describes the process by which the College meets its obligations under Title IX and its implementing regulations.

Sexual Misconduct Policy 3-12

Sexual Misconduct Procedures 2024 Title IX Regs 3_C

PREGNANCY AND RELATED CONDTIONS

The College also prohibits any policy, practice, or procedure concerning pregnant and related conditions and the current, potential, or past parental status, family status, or marital status of a student, employee, or applicant for admission or employment that treats individuals differently on the basis of sex.

As used in CMC’s procedure, “pregnancy and related conditions” means pregnancy, childbirth, termination of pregnancy, or lactation; recovery from any such event, and medical conditions related to any of these events. Below is an excerpt from CMC’s Interim Grievance Procedures for Complaints of Sex Discrimination and Sex- Based Harassment (2024 Title IX Regulations).

1. Responsibility to Share Information
   • Any employee who becomes aware of a student’s pregnancy must provide the student (or the person who has the legal right to act on behalf of the student and informed the employee of the student’s pregnancy) with the Title IX Coordinator’s contact information unless the employee reasonably believes that the Title IX Coordinator has already been notified. The employee must also inform the student that the Title IX Coordinator can take specific actions to prevent Sex Discrimination and ensure equal access to the college’s programs and activities.
2. Students and Reasonable Modifications
   • The college will provide reasonable modifications to any student who is pregnant or experiencing related conditions to prevent sex discrimination and ensure equal access to the college’s programs and activities.
   • A reasonable modification must be based on the student’s individualized need and communication with the student to determine their needs. Reasonable modifications may include, but are not limited to:
     • Breaks during class to express breast milk, breastfeed, or attend to health needs associated with pregnancy or related conditions, including eating, drinking, or using the restroom.
     • Intermittent absences to attend medical appointments.
   • Reasonable person means a reasonable person under similar circumstances and with similar identities to the Complainant.
   • Substantial emotional distress means significant mental suffering or anguish that may but does not necessarily require medical or other professional treatment or counseling.
     • Access to online or homebound education.
     • Changes in schedule or course sequence.
     • Time extensions for coursework and rescheduling of tests and examinations.
     • Allowing a student to sit or stand or carry or keep water nearby.
     • Counseling.
     • Changes in physical space or supplies (for example, access to a larger desk or a footrest).
     • Elevator access.
     • A larger uniform or other required clothing or equipment.
     • Other changes to policies, practices, or procedures determined by the Title IX Coordinator.
   • The Title IX Coordinator or designee will facilitate the provision and implementation of reasonable modifications, and may either consult, coordinate, or delegate responsibility to an Access Service Coordinator or other designee.
   • A modification that would fundamentally alter the nature of the college’s programs or activities is not reasonable.
   • Students have the discretion to accept or decline any reasonable modification offered by the Title IX Coordinator.
   • Students may voluntarily access any separate and comparable portion of the college’s education program or activity.
   • Students may take a voluntary leave of absence for a period of time deemed medically necessary by the student’s medical provider, or the period of time permitted by college policy or the student’s specific program, whichever is greater. Upon return from a leave of absence, the student must be reinstated to the academic status and, to the extent possible, extracurricular status that the student held when the voluntary leave began.
   • Supporting documentation for reasonable modifications will not be required unless it is necessary for the college to determine the reasonable modifications to make or whether to take additional specific actions.
3. Employees
   • Reasonable accommodations for employees who are experiencing pregnancy or related conditions are offered consistent with Title IX, Pregnant Workers Fairness Act (PWFA),14 Providing Urgent Maternal Protections for Nursing Mothers Act (PUMP Act)15,14 42 U.S.C. § 2000gg, et seq.15 29 U.S.C. § 218d.
   • Colorado Pregnant Workers Fairness Act16 and Workplace Accommodations for Nursing Mothers Act,17 and college policy.
   • Employees who are pregnant or experiencing a pregnancy-related condition may also be eligible for reasonable accommodation. Employees who are experiencing pregnancy or related conditions and need assistance or accommodation should be referred to Human Resources.
4. Lactation Space
   • The college provides students and employees with access to lactation spaces at each of its campuses, and reasonable break time to express breast milk or breast.

RISK REDUCTION TIPS

With no intent to victim blame and recognizing that only abusers are responsible for their abuse, the following are some strategies to reduce one’s risk of sexual assault or harassment (taken from Rape, Abuse, & Incest National Network, www.rainn.org)

• Know your resources. Who should you contact if you or a friend needs help? Where should you go? Locate resources such as the Title IX Coordinator, Campus Dean, or local support. Program the local law enforcement phone number into your cell phone for easy access.
• Stay alert. When you’re moving around on campus or in the surrounding neighborhood, be aware of your surroundings. Consider inviting a friend to join you. If you’re alone, only use headphones in one ear to stay aware of your surroundings.
• Be careful about posting your location. Many social media sites use geolocation to publicly share your location. Consider disabling this function and reviewing other social media settings.
• Make others earn your trust. A college environment can foster a false sense of security. They may feel like fast friends but give people time to earn your trust before relying on them.
• Think about a Backup Plan. Spend some time thinking about back-up plans for potentially sticky situations. If your phone dies, do you have a few numbers memorized to get help? Do you have emergency cash in case you can’t use a credit card or electronic pay like Venmo? Do you have the address to your Residence Hall room or college memorized? If you drive, is there a spare key hidden, gas in your car, and a set of jumper cables?
• Be secure. Lock your door and windows when you’re asleep and when you leave the room. If people constantly prop open the main door to the Residence Hall or apartment, tell campus staff about your concern.
• Plan. If you’re going to a party, go with people you trust. Agree to watch out for each other and plan to leave together. If your plans change, make sure to touch base with the other people in your group. Don’t leave someone stranded in an unfamiliar or unsafe situation.
• Watch your drink. Don’t leave your drink unattended and watch out for your friends’ drinks if you can. If you go to the bathroom or step outside, take the drink with you or toss it out. Drink from unopened containers or drinks you watched being made and poured. It’s not always possible to know if something has been added to someone’s drink. In drug-facilitated sexual assault, a perpetrator could use a substance that has no color, taste, or odor.
• Know your limits. Keep track of how many drinks you’ve had and be aware of your friends’ behavior. If one of you feels extremely tired or more drunk than you should, you may have been drugged. Leave the party or situation and find help immediately.
• It’s okay to lie. If you want to exit a situation immediately and are concerned about frightening or upsetting someone, it’s okay to lie. You are never obligated to remain in a situation that makes you feel uncomfortable, pressured, or threatened. You can also lie to help a friend leave a situation that you think may be dangerous. Some excuses you could use are taking care of another friend or family member, an urgent phone call, not feeling well, and having to be somewhere else by a certain time.
• Be a good friend. Trust your instincts. If you notice something that doesn’t feel right, it probably isn’t. Learn more about how to keep your friends safe in social settings. (RAINN).

If a friend has experienced sexual misconduct. Know how to help. Visit RAINN’s website for more information on how to support a friend who’s experienced sexual assault, dating violence, or stalking.

PREVENTION AND EDUCATION PROGRAMS

Training designed to assist faculty, staff, and students in recognizing, preventing, or addressing sexual assault, domestic violence, dating violence, stalking and other forms of sexual misconduct is provided by webinar sessions through Vector Solutions. Annually, all employees complete an online training designed to inform about campus resources and security and develop a workplace culture resistant to discrimination, harassment and retaliation and practice strategies to support campus safety. The course reviews and practices employee reporting and information sharing responsibilities.

CMC students are annually assigned sexual assault prevention and education online training designed to develop an understanding CMC’s policies, policies and practices regarding security, sex-based discrimination and harassment. The training encourages students take responsibility for their own security and to contribute to the safety of the community through practices such as bystander interventions.

For more information or to view employee or student Title IX related trainings, contact Lisa Doak, Title IX Coordinator, 802 Grand Avenue, Glenwood Springs, Colorado 81601, ldoak@coloradomtn.edu, 970-947-8351

IT’S ALL ABOUT RESPECT

If you find yourself in the position of being the initiator of sexual behavior, you owe sexual respect to your potential partner. These suggestions may help you to reduce your risk for being accused of sexual misconduct:

• Clearly communicate your intentions to your sexual partner and give them a chance to clearly relate their intentions to you.
• Understand and respect personal boundaries.
• DON'T MAKE ASSUMPTIONS about consent; about someone's sexual availability; about whether they are attracted to you; about how far you can go or about whether they are physically and/or mentally able to consent. If there are any questions or ambiguity then you DO NOT have consent.
• Mixed messages from your partner are a clear indication that you should stop, defuse any sexual tension and communicate better. You may be misreading them. They may not have figured out how far they want to go with you yet. You must respect the timeline for sexual behaviors with which they are comfortable.
• Don't take advantage of someone's drunkenness or drugged state, even if they did it to themselves.
• Realize that your potential partner could be intimidated by you, or fearful. You may have a power advantage simply because of your gender or size. Don't abuse that power.
• Understand that consent to some form of sexual behavior does not automatically imply consent to any other forms of sexual behavior.

Silence and passivity cannot be interpreted as an indication of consent. Read your potential partner carefully, paying attention to verbal and non-verbal communication and body language.

Sexual misconduct, including sexual assault as well as domestic violence, dating violence, and stalking, is prohibited. Individuals who engage in such misconduct are responsible for their behavior. What a person wears, says, or does, and whether they are intoxicated or sober, are not invitations to engage in sexual activity without consent. Someone who experiences sexual misconduct without consent is not at fault. If someone is initiating sexual activity, the initiator must respect their partner.

The following information is important to consider when engaging in an intimate relationship:

• Respect personal boundaries.
• Clearly communicate intentions to the potential sexual partner prior to initiating any sex act.
• Go slow. Allow all partners the opportunity to clearly communicate their intentions.
• Do not assume that someone wants to engage in sex, is available, or can give consent. If there are mixed messages or ambiguous responses, then there is no consent. If there are any doubts about whether your potential partner consents to sexual activity, do not initiate the activity.
• Do not take advantage of someone who is drunk or drugged. Personal state of intoxication from alcohol or other drugs, when acting as the initiator, is never an excuse for sexual misconduct.
• Realize that a potential partner might be intimidated or in a state of fear. There may be a power advantage because of gender, size, or conduct.
• Bystanders play a critical role in the prevention of sexual and relationship violence. The CMC wants to promote a culture of community care where bystanders are actively engaged in the prevention of violence without causing further harm. Individuals may not always know what to do even if they want to help.
• Below is a list (adapted from Stanford University’s Office of Sexual Assault & Relationship Abuse) of some ways to be an active bystander. If the intervention does not seem safe, or you or someone else is in immediate danger needing medical attention, dial 911. If the individual does not appear to need immediate medical attention, please ask them how you can help and what they need to feel supported and safe.
• Watch out for your friends and fellow students/employees. If you see someone who looks like they could be in trouble or need help, ask if they are ok.
• Keeping your own safety in mind, confront people who seclude, hit on, try to make out with, or have sex with people who are incapacitated.
• Speak up when someone discusses plans to take sexual advantage of another person.
• Believe someone who discloses sexual assault, abusive behavior, or experience with stalking.
• Refer people to on or off campus resources listed in this document for support in health, counseling, or with legal assistance.

TITLE IX TRAINING

CMC’s Title IX team members participated in one or more of the trainings listed below.

2024

• ADA and Section 504 Foundations for Higher Education 
• Gender Equity Foundations for Higher Education 
• HE Intermediate Interviewing T&S
• Informal Resolution Foundations for Higher Education 
• Investigating Sex Gender Discrimination and Disparate Treatment Workshop
• Investigation Foundations for Higher Education
• Investigation Skills & Report Writing for Higher Education
• Managing Intake, Jurisdiction, and Dismissals Workshop
• Protecting Gender Diversity in Education Workshop 
• Sex-Based Harassment Foundations for Higher Education
• Supporting Pregnancy, Parenting, and Related Conditions Workshop
• TIXC Foundations Gender Equity for Higher Education 2024 Regulations
• TIXC Foundations Sex-Based Harassment for Higher Education 2024 Regulations 
• Title IX Compliance and Athletics for Higher Education
• Title IX Decision-Making for Higher Education 2024 Regulations 

2023

• Title IX Coordinator:  Roles and Responsibilities
• Title IX Coordinator:  Developing Policies and Conducting Investigations
• Title IX Coordinator:  Specific Topics for Title IX Coordinators
• Title IX Training: Colorado Attorney General, Higher Education Unit

2022

• ATIXA Level Four Investigator Training, June 2022
• ATIXA Coordinator One Training June 2022
• ATIXA Advisor Training September 2022

2021

• ATIXA Coordinator One January-June 2021

2020

• Title IX Coordinator Training
• Title IX 2020 Regulations Implementation Training
• Investigator Training One
• Investigator Training Two
• Hearing Officer and Decision Maker Training
• 504 Coordinator Training
• New Coordinator/Deputy Coordinator Training
• Title IX Coordinator and Administrator Level Two Training: Pressures, Politics, Sanctions, Minors & MOUs Course

RESPONSIBLE EMPLOYEE REPORTING OBLIGATIONS

Duty to Report.

Employees are often the first to hear about behavior that may violate the Sexual Misconduct Policy and Interim Grievance Procedures for Complaints of Sex Discrimination and Sex-Based Harassment. Responsible employee must report any disclosure of sexual misconduct to the Title IX Coordinator no matter who it involves or when or where the incident occurred.

Who Must Report.

All College employees, including student employees, other than designated confidential resource employees, are considered Responsible Employees and have a duty to promptly report any and all conduct that may constitute Sex Discrimination, Sex-Based Harassment, or Retaliation.

What to Report.

Responsible Employee must report all conduct that reasonably may constitute sex discrimination, sex-based harassment, or retaliation including sexual assault, non-forcible sexual violations, dating violence, domestic and intimate partner violence, stalking, and pregnancy or related conditions as defined in CMC’s Interim Grievance Procedures for Complaints of Sex Discrimination and Sex- Based Harassment (2024 Title IX Regulations), and include the names of those involved, dates, times, location, and all other relevant details. See the Response Steps and Guidance below.

How to Report.

Reports from Responsible Employees can be made by completing a Sexual Misconduct/Title TIX Report and submitting it through CMC Cares, by phone or by email to the Title IX Coordinator, Deputy Title IX Coordinators or designees. If the reporter is in danger or in need of medical care, the Responsible Employee should call 911 immediately before contacting the Title IX Coordinator.

Title IX Coordinator, Lisa Doak

Assistant Vice President of Student Services, Dean of Students, Title IX Coordinator 970-947-8351, ldoak@coloradomtn.edu

Deputy Title IX Coordinators

• Aspen: Jonathan Shaw, 970-236-0461, jshaw3@coloradomtn.edu
• Breckenridge: Nicole Fazande, 970-968-5805, nfazande@coloradomtn.edu
• Carbondale: Jonathan Shaw, 970-236-0461, jshaw3@coloradomtn.edu
• Dillon: Nicole Fazande, 970-968-5805, nfazande@coloradomtn.edu
• Glenwood Springs: Lisa Runck, 970-947-8212, lrunck@coloradomtn.edu
• Spring Valley: Lisa Runck, 970-947-8212, lrunck@coloradomtn.edu
• Leadville: Nicole Fazande, 970-968-5805, nfazande@coloradomtn.edu
• Rifle: Jennifer Boone, 970-625-6928, jboone@coloradomtn.edu
• Salida: Nicole Fazande, 970-968-5805, nfazande@coloradomtn.edu
• Steamboat Springs: Sean Griffin, 970-870-4463, smgriffin@coloradomtn.edu
• Vail Valley at Edwards: Paula Hauswirth-Cummings, 970-569-2922,
  pcummings@coloradomtn.edu

RESPONSE STEPS AND GUIDANCE

Step 1: Support

• Practice active and empathetic listening.
• Show care and support without judgment or interruption.
• Acknowledge the reporter’s feelings.
• Make the reporter feel comfortable by allowing them to set the pace and tone.

Step 2: Inform

• Remind the reporter of your reporting obligations.
• Explain the purpose of your reporting obligations to address misconduct.
• Advise the reporter of the availability of Designated Confidential Employees.
• Advise of next steps, including outreach from the Title IX office.

Step 3: Report

• Promptly notify the Title IX Coordinator of the reported conduct.
• Have the details available to include in your report.

Duty to Share Information Following Report of Pregnancy or Related Conditions

Should you become aware of a student’s pregnancy or related condition, you must inform the student or employee:

1. CMC provides support and reasonable modifications to students who are pregnant or experiencing a pregnancy-related condition to ensure equal access to the college’s programs and activities.
2. Provide contact information for CMC’s Title IX Coordinator or Campus Deputy Title IX Coordinator. The Title IX Deputy/Coordinators will provide information about pregnancy-related rights and reasonable modifications and how to access them.
3. Provide contact information for your Campus Access Services Coordinator who will work with the student to determine reasonable modifications for any student who is pregnant or experiencing a pregnancy-related condition.
4. Lactation Space. The college provides students and employees with access to lactation spaces at each of its campuses, and reasonable break time to express breast milk or breast feed. These spaces are clean, shielded from view, and free from intrusion from others. Contact the campus front desk for more information and directions to lactation spaces.