Dean of Students
Definitions of Terms
The term “cheating” includes, but is not limited to:
use of any unauthorized assistance in taking quizzes, tests or examinations;
misrepresenting class attendance;
dependence upon the aid of sources beyond those authorized by the faculty member in writing papers, preparing reports, solving problems, or carrying out other assignments;
or the acquisition, without permission, of tests or other academic materials belonging to a member of the University faculty, staff, or other students.
A federal law that requires the University to publicly disclose information regarding crimes in certain categories that are reported on and near the campus so that our community is informed about reported incidents. These statistics are published annually in our Campus Security Report. Those on campus who are responsible for reporting an incident are called Campus Security Authorities (CSAs).
The term “Conduct body” means any person or persons authorized and identified by the Student Conduct Officer to determine whether a student has violated the Student Code of Conduct and to recommend imposition of sanctions.
An affirmative agreement--through clear actions and words—between two or more people to engage in sexual activity. Consent is informed, knowing and voluntary. Consent is active, not passive. Silence, in and of itself, cannot be interpreted as consent. Consent can be given by words or actions, as long as those words or actions create mutually understandable permission regarding the conditions of sexual activity.
In Colorado, consent is defined in state statute 18-3-401 and means cooperation in act or attitude pursuant to an exercise of free will and with knowledge of the nature of the act. A current or previous relationship shall not be sufficient to constitute consent under the provisions of this part 4. Submission under the influence of fear shall not constitute consent. Nothing in this definition shall be construed to affect the admissibility of evidence or the burden of proof in regard to the issue of consent under this part 4.
The federal definition of dating violence is violence committed by a person (A) who is or has been in a social relationship of a romantic or intimate nature with the victim; and (B) where the existence of such a relationship shall be determined based on a consideration of the following factors: (i) the length of the relationship, (ii) the type of relationship, and (iii) the frequency of interaction between the persons involved in the relationship.
Currently, the State of Colorado does not have a specific definition of dating violence.
The term “disciplinary record” refers to the creation of a disciplinary record with the university when a student is found responsible for a Student Code of Conduct violation and receives an institutional sanction in the Conduct process (see Sanctions, Article IV: C). A disciplinary record becomes a part of a student’s educational record. Please refer to the Student Code of Conduct Article IV: F: Release of Disciplinary Information for information on the release of a disciplinary record. Disciplinary records typically do not become part of a student’s academic transcript.
The federal definition of domestic violence is: A felony or misdemeanor crime of violence committed by a current or former spouse of the victim, by a person with whom the victim shares a child in common, by a person who is cohabitating with or has cohabitated with the victim as a spouse, by a person similarly situated to a spouse of the victim under the domestic or family violence laws of the jurisdiction receiving grant monies, or by any other person against an adult or youth victim who is protected from that person's acts under the domestic or family violence laws of the jurisdiction.
In the State of Colorado, domestic violence is: An act or threatened act of violence upon a person with whom the actor is or has been involved in an intimate relationship. "Domestic violence" also includes any other crime against a person, or against property, including an animal, or any municipal ordinance violation against a person, or against property, including an animal, when used as a method of coercion, control, punishment, intimidation, or revenge directed against a person with whom the actor is or has been involved in an intimate relationship. An "intimate relationship" means a relationship between spouses, former spouses, past or present unmarried couples, or persons who are both the parents of the same child regardless of whether the persons have been married or have lived together at any time.
The term “faculty member” means any person hired by the University to conduct classroom or teaching activities or who is otherwise considered by the University to be a member of its faculty.
The term “hazing” is defined as an act which endangers the mental or physical health or safety of a student or which destroys or removes public or private property for the purpose of initiation, admission into, affiliation with, or as a condition for continued membership in a group or organization. Hazing can be further defined as any action that produces physical discomfort, embarrassment, harassment, or ridicule.
A state where one cannot make a rational, reasonable decision because they lack the ability to understand the who, what, when, where, why or how of their sexual interaction. Sexual activity with someone known to be, or should be known to be mentally or physically incapacitated (by alcohol or other drug use, unconsciousness or blackout), is not a consensual act.
The exposure of the private or intimate parts of the body, in a lewd manner, in public or in private premises, when the accused may be readily observed. This could include masturbation in public.
A relationship between spouses, former spouses, past or present unmarried couples, or persons who are both the parents of the same child regardless of whether the persons have been married or have lived together at any time.
The term “may” is used in the permissive sense.
The term “member of the University” includes any person who is a student, faculty member, University official, or any other person employed by the University.
The term “organization” means any number of persons who have complied with the formal requirements for University recognition. Student organization requirements can be found in the Student Organization Handbook.
The term “plagiarism” includes, but is not limited to, the use by paraphrase or direct quotations of the published or unpublished work of another person without full and clear acknowledgement. It also includes the unacknowledged use of materials prepared by another person or agency that may or may not be engaged in the selling of term papers or other academic materials.
The term “policy” is defined as the written regulations of the University as found in, but not limited to, the Student Code of Conduct, Student Rights and Responsibilities Handbook, and Metropolitan State University of Denver Catalogs and Class Schedules.
A standard of evidence used by MSU Denver in the conduct process that says what is alleged to have happened is, more likely than not, what actually happened (i.e. it is 51% likely that the incident occurred).
Any action directed towards anyone involved in a student conduct case, including witnesses, intended to cause harm or distress, or to dissuade someone’s participation in or interfere with an investigation. Retaliation in any form for reporting a conduct issue or for cooperating in a conduct investigation is strictly prohibited and will be addressed as a separate violation of the Student Code of Conduct.
Any sexual act done against the will of another.
Examples of sexual assault include, but are not limited to, the following behaviors when consent is not present:
- Sexual intercourse (vaginal, anal, oral)
- Penetration of an orifice (anal, vaginal, oral) with the penis, finger, or other object
- Unwanted touching of the genitals, buttocks, breast, or other body part inside or outside of the clothing
- Coercion or force to make someone else touch one's genitals, buttocks, breast, or other body part
- Inducing sexual activity through drugs or alcohol
- Engaging in sexual activity with a person who is unable to provide consent due to the influence of drugs, alcohol, or other condition
In Colorado, sexual assault is defined as:
(1) Any actor who knowingly inflicts sexual intrusion or sexual penetration on a victim commits
sexual assault if: (a) The actor causes submission of the victim by means of sufficient consequence reasonably calculated to cause submission against the victim's will; or (b) The actor knows that the victim is incapable of appraising the nature of the victim's conduct; or (c) The actor knows that the victim submits erroneously, believing the actor to be the victim's spouse; or (d) At the time of the commission of the act, the victim is less than fifteen years of age and the actor is at least four years older than the victim and is not the spouse of the victim; or (e) At the time of the commission of the act, the victim is at least fifteen years of age but less than seventeen years of age and the actor is at least ten years older than the victim and is not the spouse of the victim; or (f) The victim is in custody of law or detained in a hospital or other institution and the actor has supervisory or disciplinary authority over the victim and uses this position of authority to coerce the victim to submit, unless the act is incident to a lawful search; or (g) The actor, while purporting to offer a medical service, engages in treatment or examination of a victim for other than a bona fide medical purpose or in a manner substantially inconsistent with reasonable medical practices; or (h) The victim is physically helpless and the actor knows the victim is physically helpless and the victim has not consented.
Sexual exploitation is defined as taking non-consensual, unjust or abusive sexual advantage of another. Examples include, but are not limited to:
- prostituting another person
- non-consensual video or audio-taping of sexual activity
- going beyond the boundaries of consent (such as knowingly allowing another to surreptitiously watch otherwise consensual sexual activity)
- engaging in non-consensual voyeurism
- knowingly transmitting or exposing an STD or HIV to another student without the knowledge of the student
Gender?based verbal or physical conduct that unreasonably interferes with or deprives someone of educational access, benefits or opportunities. Sexual harassment includes unwelcome sexual advances, requests for sexual favors, and other physical or verbal conduct of a sexual nature when it meets any of the following:
a. Submission to such conduct is made either explicitly or implicitly a term or condition of an individual’s employment or academic status.
b. Submission to or rejection of such conduct by an individual is used as the basis for employment or academic decisions affecting such individual.
c. 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 environment for working, learning, or living on campus
Please see the University’s complete Sexual Harassment policy.
An umbrella term that includes acts of a sexual nature that are unwelcome.
The term “shall” is used in the imperative sense.
The federal definition of stalking is: Engaging in a course of conduct directed at a specific person that would cause a reasonable person to (A) fear for his or her safety or the safety of others, or (B) suffer substantial emotional distress.
The State of Colorado definition of stalking is: A person commits stalking if directly, or indirectly through another person, the person knowingly:
(a) Makes a credible threat to another person and, in connection with the threat, repeatedly follows, approaches, contacts, or places under surveillance that person, a member of that person's immediate family, or someone with whom that person has or has had a continuing relationship; or
(b) Makes a credible threat to another person and, in connection with the threat, repeatedly makes any form of communication with that person, a member of that person's immediate family, or someone with whom that person has or has had a continuing relationship, regardless of whether a conversation ensures; or
(c) Repeatedly follows, approaches, contacts, places under surveillance, or makes any form of communication with another person, a member of that person's immediate family, or someone with whom that person has or has had a continuing relationship in a manner that would cause a reasonable person to suffer serious emotional distress and does cause that person, a member of that person's immediate family, or someone with whom that person has or has had a continuing relationship to suffer serious emotional distress. For purposes of this section (c), a victim need not show that he or she received professional treatment or counseling to show that he or she suffered serious emotional distress.
The term “student” includes persons admitted to or enrolled at or taking courses at/or sponsored by the University, and those who may not be currently enrolled but who have a continuing relationship with the University. All students will adhere to the Student Code of Conduct as included in the Student Handbook and Student Rights and Responsibilities of the Catalog.
The title of “Student Conduct Officer” is that person designated by the University President to be responsible for the administration of the Student Code of Conduct.
The phrase “submitting the same work for different classes” means submitting substantive portions of the same work in more than one class without disclosure to and approval from faculty members involved.
A federal law that prohibits discrimination on the basis of sex in any federally-funded educational program or activity. Under Title IX, discrimination based upon sex includes sexual misconduct issues like sexual harassment, sexual assault, and stalking. Discrimination based upon gender is also covered under Title IX.
The term “University” means Metropolitan State University of Denver.
The term “University official” includes any person employed by the University performing assigned administrative or professional responsibilities.
The term “University or campus premises” includes all land, buildings, facilities, online or electronic communication and other property in the possession of or owned, used, or controlled by the Auraria Higher Education Center and/or MSU Denver, including the adjacent streets and sidewalks, and also includes Extended Campus locations.
The term “University-sponsored activity” includes but is not limited to: Athletic events, music and theatre events, student activities, study abroad programs, internships, field experiences and student trips funded by the University.
A federal law and national strategy for combating violence against women as well as other marginalized populations. The goal is to improve the criminal justice response to violence against women, and to provide programs and services to victims and families.
The term “working days” refers to the number of days specified for each step of the procedure and does not include Saturdays, Sundays, holidays, or days when the University is not open for business.