For a complete step-by-step description of the MSU Denver Dean of Students Office Investigation process, please see the Title IX Dean of Students Investigation Flow Chart.
The MSU Denver Dean of Students Office generally has jurisdiction over allegations of sexual misconduct regarding student Respondents who are affiliated with MSU Denver. When MSU Denver receives a report regarding a potential Title IX violation involving MSU Denver students, the Investigator will reach out to those listed in the Incident Report to offer on/off-campus resources along with providing a list of confidential resources. The Investigator will gather information from the Complainant and give them the option to participate with the MSU Denver Title IX Investigation as well as provide them with any accommodations and/or interim measures. If the Complainant requests to move forward with an investigation, the Investigator will meet with Witnesses and Respondent(s) to gather information. If the Complainant does not want to move forward with an investigation and if MSU Denver can honor that request, the case will be closed and may be re-opened at a later date by the Complainant. If the Respondent is a faculty/staff member, the Investigator will refer the Complainant to the Office of Equal Opportunity. If Respondent is associated with CU Denver or the Community College of Denver, the Investigator may assist with connecting the Complainant to the appropriate office. If Respondent is not affiliated with the Auraria Campus, the Investigator may assist with connecting the Complainant to local law enforcement and/or Auraria Police.
There are two instances where staff in the MSU Denver Dean of Students Office may investigate a complaint. The first instance is when the Respondent is an MSU Denver Student. If the Respondent is an MSU Denver student, the Complainant can institutional action in response to the alleged policy violation. The second instance is if the Respondent possesses a greater threat to the MSU Denver/Auraria community or if there is a pattern of behavior with the Respondent, MSU Denver may move forward with an investigation even if the Complainant declines to participate. If the Complainant declines to participate, MSU Denver will notify the Complainant that the University intends to proceed with an investigation, but that the Complainant is not required to participate in the investigation or in any other actions undertaken by the University.
Typically, investigations shall be conducted and completed in 60 calendar days. Should the investigation take longer than 60 calendar days, all parties to the dispute will be notified. The Investigator will conduct a thorough investigation which may include gathering relevant information, interviewing the Complainant and Respondent, and identifying and interviewing witnesses. Information identified during the course of an investigation may be shared with both parties to a complaint as a part of the student conduct process. Conflict resolution, including mediation, will not be used to resolve sexual misconduct complaints.
The Complainant and Respondent in a sexual misconduct case are eligible to have an advisor of their choice to support them during the conduct process. For more information regarding the roles of an advisor, please refer to the Student Code of Conduct. If the Complainant or Respondent do not participate in the investigation or student conduct process, the process may move forward even if a party does not participate.
The Student Conduct Coordinator will determine if Student Code of Conduct charges will be pursued. If a student is charged with a violation of the Student Code of Conduct and found responsible, potential sanctions may result in a range from a warning through suspension or expulsion. For more information regarding the Student Conduct Process, please refer to Article IV: Conduct Process in the Student Code of Conduct.
Both parties will be notified of both the investigation outcome and student conduct outcome, which will include information regarding the appeals process. Both parties will be notified if an appeal is submitted. Additionally, either party may appeal the outcome based on the grounds in the Student Code of Conduct under Article IV, Section F.