Colorado schools must address discrimination; colleges must offer complaint steps

The law treats certain school or college conduct as denying students equal access to public accommodations. These standards cover elementary and secondary schools and higher education institutions, and protect students based on the protected classes listed in state law. The conduct must be based on a protected class. Different treatment must lack a legitimate, nondiscriminatory, nonpretextual reason. For a hostile environment, the school must have actual notice and fail to take prompt, effective steps reasonably aimed at ending it and preventing the harassment from recurring. Federal nondiscrimination law may guide interpretation but is not binding; Colorado law controls if the laws conflict. The standards apply to discriminatory practices committed on or after the law takes effect.

The law's harassment definition includes unwelcome conduct directed at students because of actual or perceived membership in a protected class. The definition covers conduct by a student or employee aimed at a student or group of students because of a listed protected trait, including pregnancy or parental status. The conduct must be objectively offensive to a reasonable person in the same protected class. The conduct need not be severe or widespread to meet the definition. The definition applies to discriminatory practices committed on or after the law takes effect.

Each covered higher education institution must set up Title VI complaint procedures, appoint a coordinator, and train employees about Title VI. These duties apply to state higher education institutions, local district colleges, and area technical colleges. The institution must post its complaint procedures on a publicly accessible webpage and tell students and employees about them at least once a year. The coordinator's duties must include responding to complaints, tracking them for institutional issues, and making public combined data that does not identify people. The duties apply on or after the law takes effect.