Sep 22, 2019  
2019-2020 Academic Catalog: Addendum B 
    
2019-2020 Academic Catalog: Addendum B

Conflict



Title IX

It is the policy of RMCAD to comply with Title IX of the Education Amendments of 1972, which prohibits discrimination (including sexual harassment and sexual violence) based on sex in the College’s educational programs and activities. Title IX also prohibits retaliation for asserting claims of sex discrimination. The Dean of Students serves as RMCAD’s Title IX Coordinator and may be contacted to report violations, a person may also file a complaint with the Department of Education’s Office for Civil Rights regarding an alleged violation of Title IX by online submission, either through the electronic submission of the pre-prepared OCR complaint form or by email (OCR@ed.gov).

RMCAD is committed to creating and maintaining a community in which all members can work and learn together in an atmosphere free of unlawful discrimination. Discrimination on the basis of race, color, national origin, gender, age, disability, creed, religion, veteran status or sexual orientation is not tolerated. The College reserves the right to take all necessary and appropriate action to prevent, correct and, if necessary, discipline individuals engaging in unlawful discrimination. Complaints of discriminatory behavior by employees (faculty and staff) should be reported to the Director of Human Resources, who will determine the appropriate next step for investigation and resolution. Complaints of discriminatory behavior by students should be reported to the Dean of Students, who serves as the Title IX Coordinator and will initiate the appropriate student discipline process to address the complaint.

Anti-Retaliation Policy

Policy Statement
Rocky Mountain College of Art & Design (RMCAD) expressly forbids anyone to take any form of retaliatory action against any member of the RMCAD community who in good faith voices concerns, seeks advice, files a complaint or grievance, seeks the aid of Student Affairs and/or Human Resources, participates in the student conduct review process, testifies or participates in investigations, compliance reviews, proceedings or hearings, or opposes actual or perceived violations of RMCAD’s policy or unlawful acts.

Reason For Policy
Rocky Mountain College of Art & Design (RMCAD) has an interest in encouraging the reporting of wrongdoing, and all members of the community must be free from fear of retaliation to support that interest. In addition, RMCAD has a responsibility to protect its employees from unlawful retaliation, and this policy clearly establishes that retaliation will not be tolerated.

Adherence to the Policy
The following entities must adhere to the Non-Retaliation policy:

  • All members of the College community:
    • Students
    • Faculty
    • Administration
    • Employees
    • Student Work Study Employees
  • Contractors
  • Official visitors and guests

Conflict Resolution

RMCAD is committed to providing the best possible educational environment for its students. We encourage an open and frank atmosphere in which any conflict, complaint, suggestion or question receives a timely response from RMCAD staff and/or faculty. RMCAD strives to ensure fair and, honest, and equal treatment of students. Students, faculty and staff are expected to treat each other with mutual respect at all times. When students have issues of concern that do not fall under the discrimination or harassment policies or the grade appeal procedure in the catalog, they should follow the Conflict Resolution procedure to resolve any other issues that occur between them and the faculty or staff of the College.

Conflict Resolution Procedure

If a situation occurs when a student believes they have been treated unfairly or a decision affecting them is unjust or inequitable, they are encouraged to do the following:

The student presents the concern to the faculty or staff member with which the issue is of concern, after the incident occurs.

If the faculty or staff member is unavailable or the student believes it would be inappropriate to contact that person, then the student should present the conflict to the Dean of Students (720.525.7102) or to Human Resources (303.225.8552).

Students may present the issue to the Dean of Students, although RMCAD encourages students to present issues as promptly as possible so administration may take appropriate remedial or investigatory measures, if required. Whichever party is contacted—Dean of Students or Human Resources—would then apprise the other of the situation.

If the issue of concern is with a faculty member, then the Dean of Students will bring the issue to the Department Chair and notify Human Resources of the concern. Human Resources will work with the faculty member, Department Chair, and Dean of Students as needed to resolve the issue. The Dean of Students will be kept apprised of the progress and involved on an as-needed basis to best resolve the issue.

If the issue of concern is with a staff member, then Human Resources will apprise the staff member’s supervisor of the situation and work through the situation with the staff member and the supervisor as needed. The Dean of Students will be kept apprised of the progress and involved in an as needed basis to best resolve the issue.

If the issue concerns college policy or procedure and/or other issues/complaints regarding any aspect of the college it will be addressed by appropriate administrators overseeing relevant departments in concert with the Dean of Students. The resolution of the Conflict Process will be finalized in written form and sent to the student.

Grievance

In the case that a student is dissatisfied with the resolution, they may submit the grievance in writing, including all relevant documentation/evidence as applicable or requested by the committee, to the Registrar, who Chairs the Grievance Committee.

The committee reviews all documentation and renders a decision to the student in writing. If the student is dissatisfied with the resolution, they have one opportunity to appeal the decision. The Registrar submits the grievance or petition to the Executive Committee for review. This decision is final and binding.

Not every conflict can be resolved to everyone’s total satisfaction, but only through understanding, open communication and discussion of mutual conflicts can students, faculty and staff develop confidence in each other. This confidence is important to the operation of an efficient and harmonious educational environment. The student, where appropriate, will be notified of the conclusion of the conflict resolution process.

Official Student Initiated Complaint

Students may submit a formal complaint when they have been unable to satisfactorily resolve with the faculty, staff, students or others involved.

The Student Initiated Complaint link is located on the College’s website; complaints may also be submitted directly to the Dean of Students.

Complaints may be submitted anonymously; however, unless you include your contact information, Rocky Mountain College of Art & Design (RMCAD) will be unable to investigate your complaint or respond back to you regarding the subject matter. Students must be logged into their RMCAD.EDU email addresses to submit complaints.

Student Initiated Complaints may be submitted at: https://www.rmcad.edu/student-complaint-form/

Complaints to External Agencies

Several external agencies are also available to students who have exhausted all other opportunities for complaint resolution.

The Colorado Department of Higher Education regulates Colorado institutions of higher education. Their complaint policy may be found here: 

https://highered.colorado.gov/academics/complaints/ComplaintPrivateInst.html

Complaints regarding the institution’s ongoing ability to meet the criteria of institutional accreditation may be directed to the Higher Learning Commission. Their complaint policy may be found here:

https://www.hlcommission.org/Student-Resources/complaints.html

Discrimination + Harassment

RMCAD does not discriminate or permit discrimination by any member of its community against any individual on the basis of race, color, religion, national origin, sex, sexual orientation, gender identity, gender expression, parental status, marital status, age, disability, citizenship status, veteran status, or any other protected class recognized by local, state, or federal law in matters of admission, employment, or services or in the educational programs or activities it operates.

Harassment, whether verbal, physical, or visual, that is based on any of these characteristics is a form of discrimination. This includes harassing conduct affecting tangible job benefits, interfering unreasonably with an individual’s academic or work performance, or creating what a reasonable person would perceive as an intimidating, hostile, or offensive environment. Prohibited sex discrimination includes sexual harassment and sexual violence.

Examples of discrimination may include:

  • Refusing to hire or promote someone because of the person’s protected status
  • Demoting or terminating someone because of the person’s protected status
  • Teasing or practical jokes directed at a person based on their protected status
  • Displaying or circulating written materials or pictures that degrade a person or group
  • Verbal abuse or insults about, directed at, or made in the presence of an individual or group of individuals in a protected group

Investigation + Confidentiality

All reports describing conduct that is inconsistent with these policies will be promptly and thoroughly investigated. Complaints about violations of these policies will be handled discreetly, with facts made available only to those who need to know to investigate and resolve the matter.

Retaliation

RMCAD prohibits retaliation against someone for registering a complaint pursuant to these policies, assisting another in making a complaint, or participating in an investigation under these policies. Anyone experiencing any conduct that they believe to be retaliatory should immediately report it to of the individuals listed below.

Resolution

If a complaint of harassment, discrimination, or sexual harassment is found to be substantiated, appropriate corrective action will follow, up to and including separation of the offending party from RMCAD, consistent with RMCAD procedure.

Your Responsibility

All members of RMCAD community are responsible for creating a working, learning, and living environment that is free of discrimination and harassment, including sexual harassment. It is important to contact one of the individuals listed below, if any of the following occurs:

  • You believe you have been subjected to conduct or comments that may violate these policies;
  • You believe you have been retaliated against in violation of these policies; or
  • You hold a supervisory, management, or teaching position and have been told about or witnessed conduct that may violate these policies.

Vendors, Contractors, + Third Parties

RMCAD’s policies on discrimination, harassment, and sexual harassment apply to conduct of vendors, contractors, and third parties. If a member of RMCAD community believes that they have been subjected to conduct by a vendor, contractor, or third party that violates these policies, the community member should contact one of the individuals listed below.

Reporting Harassment + Discrimination

To report any instances of Harassment and/or discrimination you may contact:

Dean of Students (Title IX Coordinator) | 720.525.7102
1600 Pierce Street | Texas Building
Lakewood, CO 80214

Mental Health/Personal Counselor | 303.225.8573
1600 Pierce Street | Rotunda Building
Lakewood, CO 80214

Sexual Harassment

RMCAD’s ability to achieve its mission and provide quality educational services is dependent on the cooperative efforts of its staff, faculty and students. For cooperation to exist, an atmosphere of professionalism, marked by mutual trust and respect, is essential. It is imperative that members of the RMCAD community be able to pursue their scholarly, creative and occupational endeavors in reliance on those common attributes. That atmosphere is damaged whenever the expectation of trust and common interest is abused in pursuit of personal interests that are not in concert with the interests of the College or the best interests of co-workers and fellow students.

It is the policy of RMCAD that no member of the RMCAD community - students, faculty, administrators, staff, vendors, contractors, or third parties - may sexually harass any other member of the community.

Sexual advances, requests for sexual favors, and other verbal, physical, or visual conduct of a sexual nature constitute harassment when any of the following occurs:

Submission to such conduct is made or threatened to be made, either explicitly or implicitly, a term or condition of an individual’s employment or education;

Submission to or rejection of such conduct by an individual is used or threatened to be used as the basis for academic or employment decisions affecting that individual; or

Such conduct has the purpose or effect of substantially interfering with an individual’s academic or professional performance or creating what a reasonable person would perceive is an intimidating, hostile, or offensive employment, educational, or living environment.

Some examples of sexual harassment may include:

  • Pressure for dating, romantic, or intimate relationship
  • Touching, kissing, hugging, or massaging
  • Pressure for forced sexual activity
  • Unnecessary references to various parts of the body
  • Remarks about a person’s gender or sexual orientation
  • Sexual innuendos or humor
  • Obscene gestures
  • Sexual graffiti, pictures, or posters
  • Sexually explicit profanity
  • Stalking or cyberbullying
  • Email and Internet use that violates this policy
  • Sexual assault

Any person or entity that engages in sexual harassment will be subject to discipline or sanction, in accordance with the policies and procedures of the institution.

Students are required, as a condition of their enrollment at or participation in activities of RMCAD, to abide by this policy statement and prohibitions against sexual misconduct contained in the Student Code of Conduct. Students have the right to be free from sexual harassment during the pursuit of their educational and social activities at RMCAD. Students are encouraged to report incidents of sexual harassment to the Dean of Students, who serves as the College’s Title IX Coordinator.

Individuals who believe they have been the subject of sexual harassment may obtain redress through the established procedures of the College. Complaints about sexual harassment will be responded to promptly. Confidentiality will be provided to the extent possible.

Clubs, associations and other organizations (and their members) affiliated with or partaking of the benefits, services or privileges afforded by the College are required to abide by this policy in the conduct of their College-related programs and activities.

Reporting

To report any instances of Harassment and/or discrimination you may contact:

Dean of Students (Title IX Coordinator) | 720.525.7102
1600 Pierce Street| Texas Building
Lakewood, CO 80214

Mental Health/Personal Counselor | 303.225.8573
1600 Pierce Street | Rotunda Building
Lakewood, CO 80214