SECTION I. ACADEMIC AND LEGAL MATTERS
I.2 The Family Educational Rights and Privacy Act of 1974
I.3 Colorado Open Meetings Law
I.5 Course Examination Policies
I.7 Academic and Disciplinary Decisions Involving Students
- I.7.3.1 Appeals Procedure
- I.7.3.2 University Discipline Panel
I.9 Students Called to Active Duty
I.10 Degrees Awarded Posthumously
I.11 Attendance at Graduation Ceremonies
I.13 Field Trips and Other Similar Sanctioned Off-Campus Activities
I.14 Limitation on Study for Advanced Degrees by Academic Faculty
I.15 Colorado Tuition Classification Law Restriction
I.16 Policies Regarding Controlled Substances, Illicit Drugs, and Alcohol
Under the Colorado Open Records Act (C.R.S. 24-72-201, et seq.) ("the Act"), records of state institutions of higher education are generally open for public inspection, except as otherwise provided. However, the Act also provides that inspection of certain records may be denied in appropriate circumstances, and inspection of other records (such as personnel files) must be denied to persons other than the person to whom they pertain. Where inspection is permitted, such records may also be copied, provided that the University may impose copying charges plus the cost of manipulating data if that is required.
By action of the Board and pursuant to statute (C.R.S. 23-31-107), the Secretary of the Board is the official custodian of all University records. However, for administrative efficiency, this responsibility has been delegated to the various University custodians. For information on the custodian of particular records contact the Office of the Vice President for Administration Services.
Questions regarding availability of particular records should be directed to the appropriate University custodian.
Finally, the Act permits the University to make rules regarding public access to its records. The following are general University policies concerning the inspection of University records:
a. The custodian may specify the time, during normal business hours, and place for records to be inspected and may require that a University employee be present during such inspection.
b. An applicant requesting to inspect University records must be reasonably specific about the documents or records desired. General searches of University files for unspecified documents are not permitted.
c. If a document requested is not in the custody of the person to whom a request is made, the applicant shall be immediately notified of that fact and shall be provided with the name of the appropriate custodian.
d. If a document is in active use or storage at the time requested, the custodian shall notify the applicant of that fact and set a day and time within three (3) working days when the document will be made available for inspection.
e. If the custodian feels that release of a document requested will do substantial injury to the University or the public interest, the custodian should immediately seek guidance from the Vice President of Administrative Services, who will consult with the Office of the General Counsel regarding the possibility of seeking a court order denying access to the record in question.
f. University records should be requested in writing. Denial of a request for disclosure of University Records may be referred to the Secretary of the Board for resolution.
g. A person granted the right to inspect University records also has a right to obtain copies requested at a cost of $1.25 per page copied, or the actual cost, if higher.
University personnel are cautioned to consult the appropriate custodian before releasing any documentation. In particular, in a grievance or similar internal administrative process, supervisors and administrators may need to explain and defend the underlying basis for actions they have taken. Responses in such circumstances should not include the release of confidential information without the approval of the appropriate custodian.
Under the Act, if access to records that are "open" under the Act is denied arbitrarily or capriciously, the person requesting such access may be entitled to recover from the custodian personally costs and attorneys' fees in obtaining a court order for such access. Further, a willful or knowing violation of the Act is a misdemeanor criminal offense, punishable by fine and/or imprisonment.
I.2 The Family Educational Rights and Privacy Act of 1974
The Family Educational Rights and Privacy Act (20 USC 1232g) is a federal law sometimes referred to as "FERPA" or the "Buckley Amendment." Under FERPA, the University may not disclose personally identifiable information from a student's educational record, even to the student's parent or spouse, without the student's prior written consent (except under limited circumstances). Information protected under FERPA includes virtually everything in the University records about a student during the period of their enrollment, unless expressly exempted by the law. The FERPA takes precedence over the Colorado Open Records Act with respect to student educational records. An exception to this general rule permits the disclosure of directory information, as more fully set forth in the "Students' Educational Records" section of the Colorado State University General Catalog.
Under FERPA a student's social security number (hereinafter referred to as "SSN") cannot be disclosed without the consent of the student nor can it be used to post grades. Class rosters containing names and social security numbers should not be distributed or posted. Further, posting of SSN's is not permitted even if:
a. The information posted does not include names (only SSN and a grade); or
b. The list of SSN's is scrambled so they do not appear in alphabetical order.
In order to comply with FERPA, faculty members are advised to use alternative means of accomplishing the posting of grades, which alternatives may include the deletion of sufficient digits of the SSN so that it cannot be used except by the person who knows the entire number and/or the use of a confidential, professor-assigned identifier. Finally, materials containing personally identifiable student information, such as tests and papers, must be returned in a controlled manner that reasonably prevents third party scrutiny.
In addition, before releasing protected information on the basis of a court order or subpoena, FERPA requires the University to notify the student except in limited circumstances. Judicial orders or subpoenas for student records should be immediately forwarded to the appropriate records custodian for appropriate response.
It is the policy of Colorado State University and the responsibility of colleges, departments, and faculty members to comply with FERPA. Violation of FERPA may expose the University and its personnel to the loss of federal funding and/or damages for civil rights violations.
I.3 Colorado Open Meetings Law
The Colorado Open Meetings Law (C.R.S. 24-6-401. et seq.) (the "Open Meetings Law"), implements the stated policy of requiring state business to be conducted in open meetings and not in secret. All meetings of two (2) or more members of any state public body at which public business is discussed or formal action may be taken must be open to the public, except to the extent specifically set forth in the law. A public body is, however, permitted to deal with specific sensitive matters in executive session.
Meetings of University administrators and faculty members, including college and departmental meetings and meetings of Faculty Council standing committees, do not generally constitute meetings of a "public body" under the Law. As a matter of policy and in the interest of openness, however, Faculty Council has historically chosen to conduct its meetings in a public forum.
The Colorado Employer's Liability Act, (C.R.S., Section 8-2-114 (2) (b)), requires that University personnel who provide written information to a prospective employer about a current or former employee send a copy of the information provided to the employee who is the subject of the reference. In addition, the statute provides that any person who is the subject of such a letter of reference from an employer or former employer may obtain a copy of the reference information by appearing and requesting such a copy anytime during normal working hours. A "fair and reasonable" amount may be charged for reproduction costs if multiple copies are requested.
I.5 Course Examination Policies
The final in-class examination period is intended for the end-of-semester examination. No in-class examination constituting more than 10% of the final course grade may be given in undergraduate courses during the week preceding the final examination period of the semester; laboratory, performance and other alternative classes (e.g., courses in the individualized mathematics program) excluded. It is the responsibility of the department head, or where appropriate, the school head, to ensure compliance with this policy.
I.5.2 Evening or Saturday Examinations
Academic departments may wish to schedule night or Saturday examinations for their courses offered during the day for a variety of reasons. Care must be taken to avoid creation of a conflict with another class or job a student may have. The following regulations apply to these night or Saturday examinations:
a. The department head will notify the Registrar's Office on the working draft for the development of the class schedule of plans to offer examinations outside the assigned class periods. This will include the dates and time of such examinations, but only between the hours of 5:00 p.m. to 8:00 p.m. on Tuesday or Thursday or 8:00 a.m. to 12 noon on Saturday.
b. The instructor of the course involved will announce during the first several class meetings the planned examinations outside the assigned class periods and include such information in the printed course outlines or syllabi provided to the class. When a student has a legitimate conflict, the professor is required to come to a mutually agreeable alternative time for the exam.
The Registrar's Office will publish these examination dates in the class schedule for the term involved and thus alert students. Suitable classrooms will be assigned by the Registrar's Office.
The full policy statement on the scheduling of examinations outside of assigned class periods will be brought to the attention of all deans and department heads who are charged with the rigorous enforcement of the regulations governing the publication and announcement of such examinations.
At the discretion of the instructor, a temporary grade of "I" (incomplete) may be given to a student who demonstrates that he or she could not complete the requirements of the course due to circumstances beyond the student's control and not reasonably foreseeable. A student must be passing a course at the time that an "I" is requested unless the instructor determines that there are extenuating circumstances to assign an incomplete to a student who is not passing the course. When an instructor assigns an "I", he or she shall specify in writing the requirements the student shall fulfill to complete the course as well as the reasons for granting an "I" when the student is not passing the course. The instructor shall retain a copy of this statement in his or her grade records and provide copies to the student and the department head or his or her designee. After successful completion of the makeup requirements, incomplete grades will be changed by the instructor of record or the department head, in the absence of the instructor of record. After one year or at the end of the semester in which the student graduates (whichever comes first), an incomplete will be automatically changed to a "F" (failure) unless the course has been previously completed and a grade change submitted by the instructor or the head of the department (see Section I.9).
I.7 Academic and Disciplinary Decisions Involving Students (last revised June 22, 2006)
I.7.1 Student Appeals of Grading Decisions (last revised June 22, 2006)
Faculty members 1 are responsible for stating clearly the instructional objectives of the course at the beginning of each term and for evaluating student achievement in a manner consistent with these objectives. Students are responsible for meeting standards of academic performance established for each course in which they are enrolled. Faculty members and instructors are responsible for determining and assigning final course grades. Graded examinations, papers and other materials used as a basis for evaluating a student’s achievement will be available to the student for inspection and discussion. Students may appeal faculty grading decisions. The burden of proof, however, rests with the student to demonstrate that the grading decision was made on the basis of any of the following conditions:
a. A grading decision was made on some basis other than performance and other than as a penalty for academic dishonesty.
b. A grading decision was based upon standards unreasonably different from those which were applied to other students.
c. A grading decision was based on a substantial, unreasonable, or unannounced departure from previously articulated standards.
Before making an appeal, the student should discuss the situation with the faculty member(s) involved in the decision.
To appeal a grading decision, the student shall submit a written request to the department head. The request must set forth the basis for the appeal, identifying one of the three categories set forth above. The request must be submitted or postmarked, if mailed, no later than thirty (30) calendar days after the first day of classes of the next regular semester following the date the grade was recorded. If no appeal is filed within this time period, the grade shall be considered final.
Within thirty (30) days of receipt of the request for an appeal, the student’s appeal shall be provided to the faculty member or instructor who assigned the grade and an appeals committee formed in accordance with the Departmental Code. If the request is received prior to or during the summer session when the instructor(s) who assigned the grade or other faculty members may not be available, then the appeals committee will be formed no later than thirty (30) days from the beginning of the following fall semester. This committee shall be composed of two (2) faculty members and two (2) students from within the department and one (1) outside faculty member who shall serve as the voting chair.
The appeals committee will review the written appeal and response of the faculty member(s) or instructor(s). They may elect to separately interview both the student and the faculty member or instructor before rendering a decision. The decision of the appeals committee will be based upon whether one of the conditions for an appeal set forth above has been met. At the conclusion of the deliberations, the committee shall render one of the following decisions:
a. The original grading decision is upheld; or
b. The department head or his or her designee(s) will reevaluate the student’s achievement of the instructional objectives of the course and assign a grade accordingly.
Written notice of the committee's decision and the reasons for the decision normally will be sent to the student and the faculty member(s) or instructor(s) within thirty (30) calendar days of appointment of the committee. The appeal committee’s decision is the final decision of the University. Written summaries of the hearing and decision , together with a rationale for that decision, shall be provided to the student and the faculty member who assigned the grade and shall be retained in the department office for a period of one (1) year.
I.7.2 Decisions Involving Student Violations of the Academic Integrity Policy (last revised June 22, 2006)
Faculty members are expected to use reasonably practical means of preventing and detecting academic dishonesty (see Colorado State University General Catalog for the Academic Integrity Policy). If a faculty member has evidence that a student has engaged in an act of academic dishonesty, the faculty member will notify the student of the concern and make an appointment to discuss the allegations with the student. The student will be given the opportunity to give his or her position on the matter. If the student admits to engaging in academic dishonesty or if the faculty member judges that the preponderance of evidence supports the allegation of academic dishonesty, the faculty member may then assign an academic penalty. Examples of academic penalties include assigning a reduced grade for the work, a failing grade in the course, or other lesser penalty as the faculty member deems appropriate.
Faculty members have a responsibility to report to the Office of Conflict Resolution and Student Conduct Services all cases of academic dishonesty in which a penalty is imposed. Incidents which the faculty member considers major infractions (such as those resulting in the reduction of a course grade or failure of a course) should be accompanied by a recommendation that a hearing be conducted to determine whether additional university disciplinary action should be taken. If the student disputes the decision of the faculty member regarding alleged academic dishonesty, he or she may request a Hearing with the Office of Conflict Resolution and Student Conduct Services.
If, after making reasonable efforts, the faculty member is unable to contact the student, or collect all relevant evidence before final course grades are assigned, he or she shall either:
a. Assign an interim grade of incomplete and notify the student and the Office of Conflict Resolution and Student Conduct Services of the reason such grade was given; or
b. Refer the case to the Office of Conflict Resolution and Student Conduct Services for a hearing before deciding on a penalty.
A Hearing will be conducted with the Office of Conflict Resolution and Student Conduct Services to determine whether a preponderance of evidence exists in support of the allegations of academic dishonesty.
If a University Hearing Officer finds insufficient evidence or clears the student of the charges, the faculty member will determine a grade based on academic performance and without reflection of the academic dishonesty charge and change any previously assigned grade accordingly. If a University Hearing Officer finds the student culpable, the Hearing Officer may impose additional University disciplinary sanctions.
In a case of a serious incident or repeat offense of academic dishonesty that is upheld through a Hearing, the Hearing Officer and the faculty member shall decide whether the student’s transcript will be marked with a notation of “AD,” which will be explained on the student’s transcript as a “finding of Academic Dishonesty.” A notation of “AD” will be made on the students’ transcript only if the Hearing Officer and the faculty member agrees that this penalty should be imposed.
Grades marked on the student’s transcript with the designation “AD” will not be eligible for the Repeat/Delete Policy described in the University General Catalog in the section “Advising and Registration - About Grades.”
Information about incidents of academic dishonesty is kept on file in the Office of Conflict Resolution and Student Conduct Services. No further action is initiated unless the incident constitutes a major infraction, the student has a prior record of University infractions, or there are subsequent reports of misconduct.
I.7.3 Appeals of Disciplinary Decisions Made by University Hearing Officers (new section added June 22, 2006)
Students are required to adhere to the policies in the Student Conduct Code. If a student is accused of violating this Code, a University Hearing Officer may either conduct a Hearing and render a disciplinary decision or refer the matter to another appropriate body. If a Hearing is conducted, then either the Accused Student(s) or the Complainant(s) may submit a written request for an appeal of the disciplinary decision if one (1) or more of the following six (6) grounds exist:
a. The Hearing was not conducted fairly in light of the charges and information presented, and/or it was not conducted in conformity with the prescribed procedures. In particular, both the accused and the accusing parties must have been given the opportunity to prepare and present relevant information to be considered in the determination of the outcome. Minor deviations from designated procedures will not be a basis for granting an appeal, unless it is believed that significant prejudice resulted.
b. The disciplinary decision was not based on substantial information. In order for disciplinary action to be taken, information must have been presented in the case that, if believed by the University Hearing Officer, was sufficient to establish that a violation of the Student Conduct Code had occurred.
c. The sanction(s) imposed were not appropriate for the violation(s) of the Student Conduct Code that the student(s) were found to have committed.
d. The sanction(s) imposed included separation from the University (e.g., disciplinary suspension or expulsion).
e. New information that is sufficient to alter the disciplinary decision has become available that was not considered in the original Hearing because it was not known to the appellant(s) at the time of the Hearing.
f. An Accused Student believes that the terms of a disciplinary suspension have been completed satisfactorily, but the University Hearing Officer does not agree, and the Accused Student requests eligibility for readmission to the University and/or removal of the notation of disciplinary suspension from his or her transcript.
The written request for an appeal must be delivered to the Office of Conflict Resolution and Student Conduct Services within seven (7) business days of the date the appellant is notified of the decision rendered by the University Hearing Officer. If no request for an appeal is submitted within this time frame, the decision of the University Hearing Officer will become final and conclusive.
The written request for an appeal must be specific and clearly state the grounds for the appeal. The Chair of the University Discipline Panel shall review the written request for an appeal to determine if sufficient grounds exist for the appeal. This review may include, but is not limited to, a review of the record of the Hearing, meeting with the parties involved, and/or meeting with the University Hearing Officer. After conducting the review, the Chair of the University Discipline Panel shall take one (1) of the following four (4) actions:
a. Deny the appeal.
b. Return the case to the University Hearing Officer for further consideration.
c. Convene an Appeal Committee to review the record of the original case.
d. Grant a hearing with an Appeal Committee to consider new information.
If an appeal is granted, it will be limited to a review of the record of the original Hearing and supporting documents, except as necessary to hear and consider new information. The Appeal Committee shall take one (1) of the following four (4) actions:
a. Affirm the disciplinary decision of the University Hearing Officer.
b. Reverse a decision that a preponderance of evidence exists in support of the charges and exonerate the Accused Student(s).
c. Reverse a decision that a preponderance of evidence in support of the charges does not exist and return the case to the University Hearing Officer or the Director of Conflict Resolution and Student Conduct Services for the imposition of appropriate sanctions.
d. Return the case to the University Hearing Officer or the Director of Conflict Resolution and Student Conduct Services for further consideration with a recommendation that the penalty be either increased or decreased or that additional issues should be taken into consideration.
While the decision of the Appeal Committee is pending, or while the case is being reconsidered by either the University Hearing Officer or the Director of Conflict Resolution and Student Conduct Services, the Accused Student(s) must comply with all conditions of the disciplinary decision related to University owned or operated housing, no-contact orders, restrictions regarding the use of particular facilities, interim suspensions, and any other conditions deemed necessary for the safety and/or orderly functioning of the campus as determined by the Director of Conflict Resolution and Student Conduct Services.
The Appeal Committee shall communicate its decision in writing in a timely manner to all parties involved, and its decision shall be final and binding upon all involved.
I.7.3.2 University Discipline Panel (New section added June 22, 2006)
The members of the University Discipline Panel shall constitute a pool from which Appeal Committees shall be selected. The University Discipline Panel shall consist of the Chair, ten (10) regular full-time faculty members, and ten (10) full-time students. The Chair shall be a regular full-time faculty member who is selected jointly by the Provost and the Vice President for Student Affairs and approved by Faculty Council. The Chair shall serve a three (3) year term beginning July 1 following his or her approval by Faculty Council. There is no limit on the number of terms that the Chair may serve. When questions of law arise, the Chair may consult with the Office of the General Counsel.
The ten (10) faculty members shall be nominated by the Faculty Council Committee on Faculty Governance, which shall solicit names in February of each year. The members shall be elected by Faculty Council, with elections conducted in April. Faculty members shall be elected to three (3) year terms staggered so that approximately one-third (1/3) of the faculty members shall be elected each year. The term of office for faculty members shall begin July 1 following their election. All full-time regular faculty members above the rank of instructor are eligible for membership on the University Discipline Panel, unless they have administrative appointments of more than half-time (0.5). A faculty member who has served two (2) consecutive terms shall be ineligible for reelection for a period of two (2) years. Vacancies shall be filled in the same manner as the initial selection of the resigning member.
The ten (10) student members shall be nominated by the President of the Associated Students of Colorado State University (hereinafter referred to as “ASCSU”) and approved by ASCSU in May of each year for the following academic year. Student members serve a one (1) year academic term. Any vacancies shall be filled as quickly as possible using the same process of nomination by the President of ASCSU and approval by ASCSU. The ASCSU officers or their designees may serve temporarily on the University Discipline Panel as needed during breaks if the elected student members are not available. All full-time, fee-paying students in good standing with the University are eligible for membership on the University Discipline Panel.
When an appeal is granted, the Accused Student(s) and the Complainant(s) shall be provided with a list of the members of the University Discipline Panel. Any of these parties or the University Hearing Officer may request that the Chair of the University Discipline Panel exclude one (1) or more members of the Panel from service on the Appeal Committee for cause. Members of the Panel with conflicts of interest shall recuse themselves from service on the Appeal Committee.
The Chair of the University Discipline Panel shall either chair the Appeal Committee or select a chair from among the remaining faculty members of the University Discipline Panel. The Chair of the University Discipline Panel shall also select two (2) additional faculty members and two (2) student members from among the remaining members, following a rotation schedule.
I.8 Student Course Survey (last revised December 8, 1999)
The Student Course Survey is designed to provide feedback to course instructors and is to be used for course improvement. It is one of the appropriate methods for including student input in evaluating teaching effectiveness as described in Section E.12.1. In addition, it is designed to provide information for students to make informed choices about courses. Each term, course instructors shall conduct a student survey of all the courses they teach through a system administered by the University utilizing the standardized University wide instrument. A quantitative summary of each course surveyed shall be forwarded directly to the course instructor, and the original forms shall be forwarded only to the course instructor. A quantitative summary of each course surveyed shall be released to the Associated Students of Colorado State University ("ASCSU"), provided that ASCSU contributes a fair share, not to exceed half, of the required financial resources to operate this program. Graduate Teaching Assistants and first year instructors shall administer the survey, but results will not be released to ASCSU. The Committee on Teaching and Learning and the Committee on Responsibilities and Standing of Academic Faculty are responsible for recommendations on the survey instrument, on reporting of quantitative results to ASCSU, and on other matters related to this policy.
I.9 Students Called to Active Duty (last revised May 5, 2005)
In response to military action declared by the President of the United States or Congress in which United States forces are being called into active duty, the University shall apply this policy for the duration of such actions, and the Center for Advising and Student Achievement (CASA) shall execute it.
Any student called to active military duty may, upon presentation of a copy of his or her orders to CASA, be given a grade of incomplete in courses for which she/he is registered. The student or his or her designate may make this request in person, by letter, or by telephone. However, the request will not be processed by CASA until a copy of the orders are received. The CASA advisers will counsel with the student or his or her designate and the student's instructors to select the option (either withdrawal from the University, cancellation of courses, or taking of an incomplete) that is most appropriate to that student's situation. (Note: The CASA cannot disclose personally identifiable educational information with a third party, even a spouse or other designee, without a signed FERPA Release Form. The FERPA Release Form authorizes CASA to disclose the student's educational information to his or her designee. See Section I.2.)
If the student chooses to withdraw from the University as a result of an undetermined amount of time required away from his or her studies during military service, the tuition paid for the semester will be refunded. If the student opts for an incomplete for the course, tuition will not be refunded. The grade of incomplete shall remain on the student's record for a period not to exceed one year following the end of the semester in which the student re-enrolls at Colorado State University. By this date, the grade will be changed by the instructor or department head of record, or it will convert to a grade of F. It will be the responsibility of CASA personnel to track these students and to keep the Office of the Registrar notified of the status of these students, since the time period for which the incomplete grade may remain on the record may vary from the normal University time limits for resolution of incompletes.
I.10 Degrees Awarded Posthumously (new section added May 5, 2005)
In exceptional circumstances, the Board may award degrees posthumously. Recommendations for such an award will only be considered when the student had completed nearly all of the requirements for his or her degree before dying, and when the student's academic record clearly indicates that the degree would have been successfully completed had death not intervened. Nominations for posthumous awards of degree will be initiated by the student's department and approved internally by the relevant college dean and the Provost. The posthumous nature of the recommended degree award shall be made explicit when the recommendation is forwarded to the Board. The Provost's office shall be responsible for presenting the degree to appropriative survivors.
I.11 Attendance at Graduation Ceremonies
Although degrees are awarded at the end of each semester, formal graduation ceremonies are held at the end of the fall and spring semesters. Participation in these commencement exercises is a responsibility of all members of the academic faculty. College deans are responsible for establishing attendance policies for their respective units, with the approval of the Provost.
The classroom instructor is responsible for controlling the conduct of the class and the demeanor and behavior of the students in exercising classroom discipline, subject to accepted departmental, college, and University standards and practices.
I.12.1 Policy on Who May Attend Classes
University policy permits only enrolled students, persons attending with the permission of the instructor, and administrative personnel of the University to be present in a classroom during scheduled classroom periods.
At the discretion of the instructor in charge, any full time student, faculty member, or senior citizen may attend any class without formal registration provided adequate classroom space is available.
I.12.2 Policy on Classroom Use
Use of classrooms during non-scheduled periods and other areas of academic buildings is permitted only in accordance with departmental, college, or University practices (see Section H.13).
I.12.3 Policy on Disruptive or Obstructive Classroom Behavior
University policy prohibits all forms of disruptive or obstructive behavior or demonstrations in classrooms, teaching and research laboratories, and offices or meeting rooms of academic buildings during periods of scheduled use, and prohibits any form of demonstration in the building or on the grounds which disrupts regular and authorized use of any University facility.
If an unauthorized person enters or is present in a classroom or other instructional or research area during periods of use, the faculty member in charge should first ask the person to identify himself or herself and then ask the person to leave. If the person refuses to leave, the faculty member should tell the person that he or she is in violation of University rules and is subject to discipline. If the person then continues to refuse to leave, the faculty member should call the University Police Department.
If any person disrupts the orderly conduct of any class, laboratory, or similar activity, or makes threat thereof, the faculty member should warn the person that such act is not only in violation of University rules but is in violation of state law, and that appropriate University and legal action will be taken. If the person refuses to desist, the faculty member should call the University Police Department.
The faculty member should seek to obtain the identification of the person or persons involved. The faculty member is not obligated to continue a class when his or her safety or that of the students is threatened.
I.12.4 Class Attendance Regulations (last revised June 15, 2005)
Instructors and departments are responsible for establishing class attendance policies. These policies must accommodate student participation in University-sanctioned extracurricular/co-curricular activities. Students must inform their instructors prior to the anticipated absence and take the initiative to make up missed work in a timely fashion. Instructors must make reasonable efforts to enable students to make up work which must be accomplished under the instructor's supervision (e.g., examinations, laboratories). In the event of a conflict in regard to this policy, individuals may appeal using established University procedures.
For the purposes of this regulation, University-sanctioned activities include competitions, events and professional meetings in which students are officially representing the institution. Appropriate sanctioned activities include:
a. Intercollegiate athletics;
b. Collegiate club sports and competitions;
c. Conferences and workshops recognized by the University not related to academics;
d. Commitments on behalf of the University (ASCSU, band, etc.); and
e. Professional activities recognized by the University related to academics.
Department heads or their designated representatives must approve sanctioned professional and departmental activities. Other sanctioned activities must be approved by the appropriate program director on record with the Division of Student Affairs offices or the Department of Athletics.
I.12.5 Policy on Off-Campus Graduate Instruction
The policy of Colorado State University is that standards and requirements for students, faculty members, courses, and programs for off-campus graduate study are the same as those standards and requirements on campus. The academic department head has the basic responsibility for the implementation of this policy.
I.13 Field Trips and Other Similar Sanctioned Off-Campus Activities
University employees, as a part of their official capacities, must at times arrange for various types of off-campus activities such as instructional related trips, field and demonstration trips, recreational, and athletic trips. The following guidelines are provided to assist employees in carrying out their responsibilities in these matters.
a. University employee: an officer, employee or servant acting on behalf of the University, whether or not compensated, elected or appointed. NOTE: An "independent contractor" is NOT a University employee.
b. Any activity associated with a class, course, program or function must be approved by an employee in an official capacity with the University who is authorized to grant such approval. Approval procedures will vary but authorization ordinarily will reside with the department head or director of the administrative unit.
c. All "sanctioned off-campus" activities shall be conducted under the direct supervision of a University employee. The University employee shall be responsible for such items as, but not limited to:
1. Obtaining authorization.
2. Communicating to participants expected standards of conduct.
3. Arranging for excused absences for participants.
4. Obtaining releases of liability from participants where appropriate. Contact the Office of Risk Management for guidance and the appropriate forms.
5. Arranging transportation and itinerary.
6. Assuring that conditions concerning liability insurance are met and are in effect.
I.14 Limitation on Study for Advanced Degrees by Academic Faculty
No academic faculty member with the rank of assistant professor or higher may receive a master's or doctor's degree from the department of the institution which he or she holds academic appointment. Under special or exceptional circumstances, a faculty member (assistant professor or higher) may be allowed to pursue and receive an advanced degree from this institution, but only if that degree is granted from another department, and only if written permission is granted by the head of the department in which the faculty member holds rank, the head of the department granting the degree, the dean(s) of the college(s) involved, and the Provost.
I.15 Colorado Tuition Classification Law Restriction
The Colorado Tuition Classification Law requires a newly appointed faculty member moving to Colorado from another state to be domiciled in Colorado for twelve (12) months before he or she or his or her spouse or minor child is eligible for Colorado resident status for tuition purposes.
I.16 Policies Regarding Controlled Substances, Illicit Drugs and Alcohol (last revised May 2, 2007)
No member of the academic community (faculty members, administrative professionals, staff, and students) may unlawfully possess, use, manufacture, dispense, or distribute controlled substances, illicit drugs, or alcohol on University property or as a part of any University activity. The University, through its established committees and procedures, will impose sanctions on students and employees found to be in violation of this policy, possibly including, but not limited to, one (1) or more of the following: required rehabilitative treatment, reprimand, probation, expulsion, eliminating or lowering salary increases for a period of time, temporary suspension with or without pay, termination, and referral to civil authorities for prosecution consistent with local, State, and Federal law and University policy. University employees who are convicted under a criminal drug statute for an act in violation of this policy must report the conviction to their appropriate supervisor in writing within five (5) days. The University will annually inform faculty members, administrative professionals, staff, and students of applicable health risks, counseling, treatment, rehabilitation or reentry programs, and applicable local, State, and Federal law on unlawful possession or distribution of illicit drugs and alcohol.
Under certain conditions, alcoholic beverages may be served at campus functions. However, before alcoholic beverages may be served at a function held on campus, the intent to serve alcoholic beverages must be registered with the appropriate office. If alcoholic beverages are to be served at a function held in the Lory Student Center, the registration is with that office, and their policies and procedures must be followed. If alcoholic beverages are to be served at a function held elsewhere on campus, the registration is with Facilities Management, and their policies and procedures must be followed. Policies related to alcohol at athletic events held at Hughes Stadium are available from the Department of Athletics. University employees and students intending to serve alcoholic beverages as part of a campus function need to be aware of and follow the appropriate policies and procedures.
The Colorado Government Immunity Act, (C.R.S., Article 10, Title 24), protects public employees from liability and from the costs of defense where the claim against the public employee arises out of injuries sustained from an act or omission of such employee occurring during the performance of his duties and within the scope of his employment.
The Colorado Governmental Immunity Act defines "employee" as "an officer, employee or servant of the public entity, whether or not compensated, elected, or appointed, but does not include an independent contractor or any person who is sentenced to Section 42-4-1202(4), C.R.S. 1973, to participate in any type useful public service."
In 1985, the State legislature passed the Risk Management Act which established a state self-insured fund. Colorado State University and employees, as defined are covered by this act for claims where immunity has been waived by the Government Immunity Act.
To qualify for protection under the Colorado Government Immunity Act employees, as defined above, should adhere to the following criteria:
a. Incidents or occurrences that can reasonably be expected to lead to a claim should be reported as soon as possible to the employee's supervisor and to the Office of Risk Management. Incidents or occurrences involving injury or death should be reported immediately.
b. Injured persons, or claimants, should be referred to the Office of Risk Management for procedures to file a claim with the Office of the Attorney General of Colorado and the State Division of Risk Management.
c. Employees must not compromise or settle claims without consent of the University, the Division of Risk Management and the Attorney General.
d. An employee who has been served with notice for a court action against himself and/or the University must notify the Office of the Attorney General of Colorado, in writing, within fifteen (15) days of receipt of such notice.
There is no protection provided:
a. When the act or omission is outside the scope of employment.
b. For acts or omissions that are criminal, intentional, willful or wanton.
Employees should exercise due caution and use common sense in attempting to avoid accidents and injury which could result in liability to themselves or to Colorado State University.
Questions on liability insurance should be directed to the Office of Risk Management. Questions of a legal nature should be referred to the Office of the General Counsel.
Provisions as stated in the Colorado Immunity Act and the Risk Management Act supersede any statement made in this Manual.
1 The term "faculty member," as used in Section I.7, is applicable to all persons responsible for assigning grades including graduate teaching assistants.