From: "Johnson,Jason" <Jason.Johnson@colostate.

edu>
Date: Tuesday, August 21, 2018 at 9:24 PM
To: Sarah Hinger <shinger@aclu.org>, "leslie.taylor@colostate.edu" <Leslie.Taylor@colostate.edu>
Subject: Re: Phone Message

Sarah –

Greetings! It was good talking with you earlier. In response to your questions below, attached please
find CSUPD Policy 401, which addresses bias-based policing and affirms CSUPD’s commitment to policing
that is fair and objective. Also, we wanted to let you know that all CSUPD officers are in compliance
with Colorado POST mandated training on Fair and Impartial Policing. As mentioned previously, CSUPD
officers participate in additional training related to bias, social justice, and inclusion as members of the
CSU community. Please feel free to review the information on CSU’s website about the amazing training
programs offered through the Office of the Vice President for Diversity, which can be found
athttps://diversity.colostate.edu/.

In response to your question about documenting reasonable suspicion, Policy 401 includes a provision
stating that officers “shall be prepared to articulate sufficient reason for the contact, independent of the
protected characteristics of the individual.” As you know, contacts with individuals may be consensual,
or based upon reasonable suspicion, or upon probable cause. As was done in this situation, CSUPD
prepares comprehensive reports regarding its contacts with individuals.

You inquired about the training for call-takers with the CSUPD Communications Center, and we wanted
to let you know that they participate in a 24-26 week training program. I will follow-up with you
regarding the contents of that training. During our telephone conversation, we discussed the duty of
CSUPD officers to respond to calls asking for a police officer response. I described the obligation of
police officers to respond to calls for help, and mentioned the risk to CSUPD – and even more
importantly the risk to the individuals who may be in distress – if CSUPD failed to respond when
someone was truly in need. There is no written directive that requires a CSUPD officer to respond to
every call. The decision to dispatch an officer rests with the communications technicians who are
trained to gather relevant information. When gathering information from an individual who has
contacted CSUPD, there is no way to know with absolute certainty that an officer should intervene to
stop criminal activity, or if an officer should not be dispatched because a caller may have been mistaken
about the facts of a situation. However, Policy 401 helps guide CSUPD’s call-takers and officers when
responding to a call for assistance.

With respect to Admissions tours, we advised that CSUPD officers have been instructed to communicate
with the tour guide if there is a need to contact an individual who is part of a tour. There is no formal
printed process, rather CSUPD officers have been instructed to follow that directive. In addition, if an
individual who is part of a tour is contacted by CSUPD, the officers will make sure that the individual is
reunited with the tour.

In addition, we wanted to let you know that we hosted 25 students at our 7th annual Native American
STEM Institute this summer. The institute offers interactive exercises in math and science, exposes
Native students to engineering concepts, and provides teamwork and leadership opportunities. Ty
Smith, Director of the Native American Cultural Center, and Tiffani Kelly, Assistant Director, run the
institute with the help of CSU student mentors. Also, an additional 22 students participated in the 6th
annual Native Education Forum (NEF). Hosted by the Office of Admissions, NEF is a six-day summer
program that allows students to gain university classroom experience earning one academic credit,
research issues critical to Native American/Indigenous communities, and get valuable assistance from
professionals in the university application process. And this fall, NACC and the Office of Admissions will
begin planning an additional spring visit day for high school students hosted by our Native American
Recruitment and Transition Specialist.

We’ve mentioned this several times, but we wanted to repeat that CSU is happy to reimburse the Grays
for their expenses. Per our standing offer since the day after the incident and as we said during the call,
we will gladly issue a reimbursement check to the Grays. We simply need the appropriate address
where we can mail that check. CSU also renews its standing invitation to the Gray family to visit our
campus to discuss the progress that has been made and the ongoing work that is being undertaken on
campus.

Sincerely,

Leslie and Jason

From: Sarah Hinger <shinger@aclu.org>

Date: Wednesday, August 1, 2018 at 3:47 PM
To: "Johnson,Jason" <Jason.Johnson@colostate.edu>, "leslie.taylor@colostate.edu"
<Leslie.Taylor@colostate.edu>
Subject: RE: Phone Message

Jason, I’m writing to follow up on my request, below, for the policies you referenced in your email and
additional related information. Are you planning to provide this information? It continues to be my hope
that we can come to an agreement that will allow us to highlight CSU as a model in adopting policies
designed to counteract the potential for police to be used to perpetuate racial bias.

Best,
Sarah

From: Johnson,Jason [mailto:Jason.Johnson@colostate.edu]

Sent: Thursday, July 19, 2018 7:23 PM
To: Sarah Hinger; Taylor,Leslie
Subject: Re: Phone Message

Sarah –

It was good talking with you this afternoon. We will be following-up with you soon.

Have a great evening,

Jason
From: Sarah Hinger <shinger@aclu.org>
Date: Thursday, July 19, 2018 at 1:17 PM
To: "Johnson,Jason" <Jason.Johnson@colostate.edu>, "leslie.taylor@colostate.edu"
<Leslie.Taylor@colostate.edu>
Subject: RE: Phone Message

Jason and Leslie,

Thank you again for taking the time to talk today. I’ve inserted follow up questions directly under the
bullet list you originally provided below. If you can provide the additional information requested by
August 1st, I’d like to come to a resolution before the end of the month, particularly if it is possible to
share a jointly positive report for the AICF convening.

I look forward to continuing our conversation.

Best,
Sarah

Police training:

CSU Police Department policies already incorporate policies for fair and impartial policing, which is
required by state law, and their required training includes social justice principles and approaches.

 Colorado POST (Peace Officer Standards and Training) under the Colorado Department of Law
establishes and maintains standards for peace officer training and certification in Colorado. The
Colorado State University Police Department and its officers adhere to POST training and
standards.
 Colorado law requires that all Colorado certified peace officers complete 4 hours of anti-bias
training every 5 years. Courses on Fair and Impartial Policing are included in this curriculum. Our
officers also participate in additional training related to bias, social justice, and inclusion as
members of the CSU community. CSU Police Department employees are currently in compliance
with both University and external state-mandated trainings.
 Are CSU officers required to complete the Fair & Impartial Policing training under
POST? Is training in person and interactive?
 Can you provide a copy or description of the additional CSU trainings officers
participate in? Are these interactive? On what time frame is this training required?
 CSU Police Department’s own policy regarding anti-biased policing already requires that any
officers who witness biased policing report it to a supervisor and intervene at the time to the
extent possible.
 Per state and federal law, contacts and enforcement actions taken by sworn officers of the CSU
Police Department are based on reasonable suspicion or probable cause, and race or ethnicity is
not a factor in establishing those requirements.
 Could you provide a copy of this policy?
 Are officers required to document reasonable suspicion in their incident report?
 In any contact a CSUPD officer has with an individual, if no enforcement action is taken, the
officer provides a business card with all contact information to the individual contacted. If
enforcement action is taken, an incident report is completed.
  Call-takers with the CSU Police Department Communications Center are trained to solicit from
callers all factual, pertinent information related to the purpose of the call to understand the
situation and enable officers to respond in accordance with applicable legal standards. Police
have a duty to respond to calls for police service regardless of whether it has been established
that a crime has been committed.
 Can you provide a copy of the training that call-takers receive?
 Can you provide a copy of the policy requiring police officers to respond to all calls,
and the legal support for this policy?
 As discussed on our call, I’d like to see additional guidance for dispatchers and officers
that takes into account the possibility that some calls for service may be prompted by
bias and that police response is not a universal positive in these cirrcumstances.
Incorporating LEED principles in policy and training may be a way of addressing this.
 Adherence to these standards is based on Colorado POST mandated annual legal updates, CO
POST mandated anti-bias training, review of written reports, and employee performance
reviews.
 Our police officers have revised their processes related to Admissions tours to ensure tour
guides are informed any time police interact with tour guests.
 Can you provide a copy of revised processes and details of training on these revisions?

Native American student recruitment:

 Our Admissions staff continue to publicize and highlight the work of NACC, our Native American
Education Forum, and the Native American Legacy Award, which we have now extended to
members of every tribe in the U.S. NACC is also promoted and publicized by our Division of
Student Affairs.
 Admissions has now added a personalized message to all applicants who identify as Native to
introduce them to NACC and programs for Native students.
 We have created a Native Student Visit Day in Admissions, at the request of our students, to
provide an opportunity to specifically focus on the needs and interests of prospective Native
American students, including more interaction with our Native students and staff who can share
experiences, perceptions, and community.
 Can you provide additional information about the planning anticipated for a Native
Student Visit Day?
 Our tour guide training currently emphasizes that CSU is a campus that values diversity and
inclusion. This training and potential revisions will be assessed by the Task Force on Native
American Initiatives that has just been created.
 Can you provide any updates to tour guide training?

From: Johnson,Jason [mailto:Jason.Johnson@colostate.edu]

Sent: Monday, July 16, 2018 6:33 PM
To: Sarah Hinger; Taylor,Leslie
Subject: Re: Phone Message
We can use my conference call line – [redacted]. Talk to you at noon MST on Thursday!

Thanks,

Jason

From: Sarah Hinger <shinger@aclu.org>

Date: Monday, July 16, 2018 at 4:14 PM
To: "Johnson,Jason" <Jason.Johnson@colostate.edu>, "leslie.taylor@colostate.edu"
<Leslie.Taylor@colostate.edu>
Subject: RE: Phone Message

Thank you both. I assume that’s noon mountain time Thursday, which also works for me. Will you both
be in the same office for the call? If so, let me know the best number to reach you at. Otherwise, I can
circulate a conference call number.

Sarah

From: Johnson,Jason [mailto:Jason.Johnson@colostate.edu]

Sent: Monday, July 16, 2018 6:08 PM
To: Taylor,Leslie
Cc: Sarah Hinger
Subject: Re: Phone Message

Good afternoon! I am also available for a call on Thursday at noon.

Thanks!

Jason
Jason L. Johnson
General Counsel
Colorado State University System

On Jul 16, 2018, at 3:37 PM, Taylor,Leslie <Leslie.Taylor@colostate.edu> wrote:

I have time from noon to 1:30 on Thursday and Friday, as well as 9-11 on Friday.

From: Sarah Hinger <shinger@aclu.org>

Sent: Monday, July 16, 2018 12:45 PM
To: Johnson,Jason <Jason.Johnson@colostate.edu>; Taylor,Leslie <Leslie.Taylor@colostate.edu>
Subject: RE: Phone Message

Leslie and Jason, Thank you for your reply and for the information you’ve provided. I’m glad to hear that
CSU shares the goals of the Gray family. I am hopeful that we can come to a shared positive resolution
that will provide solace to my clients and credit CSU for the steps it is taking. Please let me know of your
availability for a phone call this week so that we can move forward. You can also reach me at 212-519-
7882. I tried to give you a call but was unable to leave a voice mail.

Sincerely,
Sarah

Sarah Hinger
Pronouns: she, her

Attorney, Racial Justice Program

American Civil Liberties Union
125 Broad St., New York, NY 10004
212.519.7882 | shinger@aclu.org
aclu.org <image001.gif> <image002.jpg>
<image003.png>

This message may contain information that is confidential or legally privileged. If you are not the
intended recipient, please immediately advise the sender by reply email that this message has been
inadvertently transmitted to you and delete this email from your system.

From: Johnson,Jason [mailto:Jason.Johnson@colostate.edu]

Sent: Wednesday, July 11, 2018 3:57 PM
To: Sarah Hinger; Taylor,Leslie
Subject: RE: Phone Message

Dear Ms. Hinger,

Thank you for sharing the goals of the Gray family. We agree with the goals they have outlined, and we
share Mrs. Gray’s strong commitment to creating a community in which people of all races, gender
identities, orientations, cultures, religions, heritages, and appearances feel that they belong. Our
sincere, shared concern about the experience of Kanewakeron Thomas and Skanahwati Lloyd have only
deepened this commitment.

We are pleased also to be able to say that most of what you have outlined is already in progress or
completed, through the leadership of our students, faculty, and staff here at Colorado State and our
community partners. Our students came forward immediately after the Admissions tour incident to
propose a series of recommendations that we readily accepted. These recommendations are well-
researched and build on the longstanding work of our students, faculty, and staff in the Native American
Cultural Center, Office of the Vice President for Diversity, Division of Student Affairs, Academic Affairs,
Division of Enrollment and Access, and CSUPD. Below is a brief update and summary of this work to
date as it responds to your recommendations. As you will note, some of these efforts have been in the
works for some time and are fully in place, while others are still in progress. For those that are in
progress, we will be glad to share materials once we are at that point.

Police training:

CSU Police Department policies already incorporate policies for fair and impartial policing, which is
required by state law, and their required training includes social justice principles and approaches.
  Colorado POST (Peace Officer Standards and Training) under the Colorado Department of Law
establishes and maintains standards for peace officer training and certification in Colorado. The
Colorado State University Police Department and its officers adhere to POST training and
standards.
 Colorado law requires that all Colorado certified peace officers complete 4 hours of anti-bias
training every 5 years. Courses on Fair and Impartial Policing are included in this curriculum. Our
officers also participate in additional training related to bias, social justice, and inclusion as
members of the CSU community. CSU Police Department employees are currently in compliance
with both University and external state-mandated trainings.
 CSU Police Department’s own policy regarding anti-biased policing already requires that any
officers who witness biased policing report it to a supervisor and intervene at the time to the
extent possible.
 Per state and federal law, contacts and enforcement actions taken by sworn officers of the CSU
Police Department are based on reasonable suspicion or probable cause, and race or ethnicity is
not a factor in establishing those requirements.
 In any contact a CSUPD officer has with an individual, if no enforcement action is taken, the
officer provides a business card with all contact information to the individual contacted. If
enforcement action is taken, an incident report is completed.
 Call-takers with the CSU Police Department Communications Center are trained to solicit from
callers all factual, pertinent information related to the purpose of the call to understand the
situation and enable officers to respond in accordance with applicable legal standards. Police
have a duty to respond to calls for police service regardless of whether it has been established
that a crime has been committed.
 Adherence to these standards is based on Colorado POST mandated annual legal updates, CO
POST mandated anti-bias training, review of written reports, and employee performance
reviews.
 Our police officers have revised their processes related to Admissions tours to ensure tour
guides are informed any time police interact with tour guests.

Training for CSU employees:

 CSU instituted a mandatory training for all supervisors in Summer 2017 that includes segments
on implicit bias, diversity, and inclusive excellence.
 As an educational institution, this is a responsibility that naturally aligns with our commitment
to continuous learning and improvement. We have an extensive training program for faculty and
staff in place that includes our two-day Social Justice Leadership Institute; an intensive, three-
day Creating Inclusive Excellence Seminar; and a yearlong Faculty Institute for Inclusive
Excellence. These programs are relatively new but hundreds of faculty and staff – including
members of the CSUPD – have participated in them already, and hundreds more will participate
this year. We also offer training on implicit bias and inclusive excellence to individual units and
departments, tailored to the specific needs of those departments.
 CSU’s commitment to diversity and a welcoming, inclusive climate for all people is a core
element of the orientation required for all new CSU employees, and we are looking at ways to
strengthen that component.

Student support:
  Following the incident with the Gray brothers, President Frank and other University leaders met
with Native American students to discuss their experiences and specific concerns and how they
want to move forward. These conversations have been beneficial and will continue in the
coming year, with the expectation the University will move forward with any actionable
recommendations that emerge from these discussions.
 President Frank also met with CSU’s Native American faculty and staff to discuss their reactions
and concerns and how best to support our students. These faculty and staff will lead the Task
Force on Native American Initiatives that is outlined below.
 As our students may have indicated in their phone conversation with you, our Native American
Cultural Center and its staff provide exceptional support to our students through a wide range of
programs and events. With the support of NACC, CSU’s Native American students conduct many
awareness programs throughout the year and we will discuss with them whether they want to
consider an additional program of the type you recommend on the date suggested. Should they
want to do so, the University will provide whatever support they need to make it happen.

Native American student recruitment:

 Our Admissions staff continue to publicize and highlight the work of NACC, our Native American
Education Forum, and the Native American Legacy Award, which we have now extended to
members of every tribe in the U.S. NACC is also promoted and publicized by our Division of
Student Affairs.
 Admissions has now added a personalized message to all applicants who identify as Native to
introduce them to NACC and programs for Native students.
 We have created a Native Student Visit Day in Admissions, at the request of our students, to
provide an opportunity to specifically focus on the needs and interests of prospective Native
American students, including more interaction with our Native students and staff who can share
experiences, perceptions, and community.
 Our tour guide training currently emphasizes that CSU is a campus that values diversity and
inclusion. This training and potential revisions will be assessed by the Task Force on Native
American Initiatives that has just been created.

Improved mentorship opportunities and visible leadership pathways for students and faculty:

 We have appointed and charged a Task Force on Native American Initiatives led by Native
faculty, staff and students, to make recommendations on a wide range of issues including
recruitment and retention at all levels, a campus celebration of Indigenous Peoples Day, display
of tribal flags, curricular infusion, symbols and signage, and overall campus climate. This Task
Force is charged by the President and includes representation from every academic college and
major university division. The Task Force will present its recommendations to the President
before the end of the 2018-19 academic year.
 A CSU team, led by the Office of the Provost, is working with faculty on an initiative to
strengthen diversity requirements in the AUCC, based on an earlier recommendation from CSU’s
President’s Multicultural Student Advisory Committee. This student leadership group, PMSAC,
includes two representatives appointed by the NACC office.

Land acknowledgment:
· Among the recommendations proposed by CSU students this spring was a request that CSU adopt
a University-wide standard of land acknowledgment. Land acknowledgment is included in our
orientation programs as of this summer. An official statement is now being reviewed and discussed by
members of our local Native community, with an official statement to be added to signage, publications,
and major University events by the beginning of fall semester. While this work was underway many
months ago, the experience of the Gray brothers has enabled the process to move forward with greater
urgency. It is fair to say that their poor experience at CSU has contributed to a greater, University-wide
acknowledgment that this land is both an ancestral and current home to many tribal communities
whose ongoing presence, traditions, and contributions must be recognized and honored.

In addition to what you have recommended and what we’ve outlined here, CSU will be co-sponsoring
and participating this summer in a convening led by the American Indian College Fund to learn more
about the climate for Native Americans in higher education and how it can be improved.

As to your two final requests, CSU is happy to reimburse the Grays for their expenses. Per our standing
offer since the day after the incident, we will issue a reimbursement check to the Grays. Please provide
us with the appropriate address where we can mail that check. As to releasing the name of the
reporting party, in accordance with state law, CSUPD declined to release the names of either the Gray
brothers or the reporting party because of minor children involved, and that decision still stands.

Finally, we want to offer a standing invitation to the Gray family to visit our campus to discuss the
progress that has been made and the ongoing work underway. We deeply respect their desire to ensure
a more welcoming and supportive climate for Native people at Colorado State University, and our
University will be better because of both their concern and that of our very engaged students, faculty,
staff, and alumni. All of us would welcome an opportunity to meet with the Grays and share
information about what is being undertaken.

Again, thank you for reaching out.

Sincerely,

Leslie and Jason

Jason L. Johnson
General Counsel
Colorado State University System

From: Johnson,Jason
Sent: Friday, June 15, 2018 1:31 PM
To: 'Sarah Hinger' <shinger@aclu.org>; Taylor,Leslie <Leslie.Taylor@colostate.edu>
Subject: RE: Phone Message

Sarah –
Good afternoon! Thanks for sending this to us. We will follow-up with you soon. In the meantime,
please feel free to contact me if I can be of assistance.

Have a great weekend,

Jason

Jason L. Johnson
General Counsel
Colorado State University System
01 Administration Building
Fort Collins, Colorado 80523-0006
Phone: (970) 491-6270
Fax: (970) 491-2118
E-mail: Jason.Johnson@colostate.edu

From: Sarah Hinger <shinger@aclu.org>

Sent: Friday, June 15, 2018 1:19 PM
To: Taylor,Leslie <Leslie.Taylor@colostate.edu>; Johnson,Jason <Jason.Johnson@colostate.edu>
Subject: RE: Phone Message

Leslie and Jason,

I’ve been in communication with the Gray family over the past several weeks and they are at a point
where they are ready to talk with the University. I believe we can come to a resolution that will provide
relief to the family and move things in a positive direction for everyone impacted. To that end, I’ve
drafted a the core of a proposed resolution agreement (attached). When you’ve had a chance to look
this over, please be in touch. I look forward to discussing these items and anything else you’d like to
discuss regarding this matter.

Sincerely,

Sarah Hinger

Sarah Hinger
Pronouns: she, her

Attorney, Racial Justice Program

American Civil Liberties Union
125 Broad St., New York, NY 10004
212.519.7882 | shinger@aclu.org
aclu.org <image001.gif> <image002.jpg>
<image003.png>
This message may contain information that is confidential or legally privileged. If you are not the
intended recipient, please immediately advise the sender by reply email that this message has been
inadvertently transmitted to you and delete this email from your system.

From: Sarah Hinger

Sent: Tuesday, May 22, 2018 11:59 AM
To: 'Taylor,Leslie'; 'jason.johnson@colostate.edu'
Subject: RE: Phone Message

Hi Leslie, Thank you for reaching out. The Grays are interested in speaking with current Native American
students at CSU and I am endeavoring to arrange for a conversation just between the family and a small
group of students. It may take a little more time to arrange this and then be back in touch. Skanahwati
Lloyd Gray is graduating this week and the family has a number of relatives in town and have asked for
some space. I hope to be in touch with you all next week.

Thanks,

Sarah

From: Taylor,Leslie [mailto:Leslie.Taylor@colostate.edu]

Sent: Tuesday, May 22, 2018 10:13 AM
To: Sarah Hinger
Subject: RE: Phone Message

Hi Sarah,

Do you have time to talk, or can you give me an update on the situation? I understand there may be a
conversation with some of our students this week?

Leslie

From: Taylor,Leslie
Sent: Friday, May 11, 2018 5:46 PM
To: 'shinger@aclu.org' <shinger@aclu.org>
Subject: Phone Message

Sarah,

I received your message this afternoon. I was participating in our graduate school commencement and
unable to respond sooner.

I appreciate you letting me know that you will be in contact with us soon. I fully understand (and
respect) Thomas and Lloyd needing time to wrap up the school year, as well as take time to process
their thoughts and feelings. I believe further communication may need to include our General Counsel,
Jason Johnson (jason.johnson@colostate.edu).
Again, thank you.

Leslie

Leslie A. Taylor
Division of Enrollment and Access, Vice President
Colorado State University
970-491-1128 | 970-310-4769