Retaliation

Retaliation as defined by the University means any materially adverse action threatened or taken against a person because an individual has filed, supported or provided information in connection with a complaint of discrimination and/or sexual misconduct, including but not limited to direct and indirect intimidation, threats and harassment.

What is an adverse action?

An “adverse action” is any conduct or action that would dissuade a reasonable person from reporting an allegation of discrimination and/or sexual misconduct, or participating in an investigation of discrimination and/or sexual misconduct. Retaliation protections extend to witnesses and those who report a concern as a third party.

A materially adverse action must be significant (not trivial). The following actions are examples:

Demoting an employee
Terminating an employee
Giving underserved lower grades
Terminating student status
Denying renewal of funding
Denying tenure
Denying promotion or reassigning an employee to a job with significantly negative changes in job duties

Inconveniences, minor annoyances, or even alteration of job responsibilities are not necessarily materially adverse actions. Each situation must be individually reviewed based on all of the circumstances.

The university will not permit retaliation against a member of the university community because the individual has made a report or formal complaint, testified, assisted, or participated or refused to participate in any manner in an investigation, proceeding, or hearing. Intimidation, threats, or discrimination, including charges against an individual for code of conduct violations that do not involve prohibited conduct, but arise out of the same facts or circumstances as a report or complaint of prohibited conduct, or a report or formal complaint of prohibited conduct constitutes retaliation.

The Office of Equity (OE) can investigate allegations of retaliation in the same way the OE investigates underlying concerns of sexual misconduct, discrimination, and harassment. A determination of whether an action is materially adverse is made on a case-by-case basis.

Learn more about the University's retaliation obligations for each respective policy within the University Policies and Procedures section of our website.

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Denver, CO 80204

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Aurora, CO 80045

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