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Claremont McKenna College    
 
    
 
  Aug 23, 2017
 
2016-2017 Policy Library [ARCHIVED CATALOG]

Claremont Colleges Policy on Demonstrations


The undergraduate Claremont Colleges, Pomona College, Scripps College, Claremont McKenna College, Harvey Mudd College, Pitzer College together with the Claremont Graduate University, Keck Graduate Institute and the Claremont University Consortium (CUC) are all member institutions of the “Claremont Colleges.” Each of these member institutions respects the rights of free speech and peaceable assembly and supports their exercise. However, when the exercise of speech and assembly becomes disruptive or non-peaceable, and infringes upon the rights of others, threatens property or public safety, or impedes the business of the member Colleges or CUC, the individual Colleges and CUC will act according to this policy.

Every institution in the consortium has instituted procedures for presenting and peaceably resolving disagreements about policies. Officials at the individual Claremont Colleges and CUC are willing to examine, discuss, and explain institutional policies to any member of the Claremont Colleges community. However, participation in a demonstration that is materially disruptive and non-peaceful or involves the substantial disorder or invasion of the rights of others on the property of any of the Claremont Colleges or of Claremont University Consortium or their affiliated institutions is prohibited.

Determination of when a demonstration or action is non-peaceful or disruptive may be difficult, but the Claremont Colleges individually and collectively subscribe to the general guidelines listed below.

Non-peaceful actions or demonstrations are those that endanger or injure, or threaten to endanger or injure, any person, or that damage or threaten to damage property.

Disruptive actions or demonstrations are those that restrict free movement on any of the campuses, or interfere with, or impede access to, regular activities or facilities of any of the Colleges or CUC.

If an officer or designee of an affected College or CUC informs individuals in a given area that their collective actions are judged non-peaceful or disruptive and that they should disperse, individuals remaining may be charged, on their home campus, with a violation of this policy.

Any individual acting in a non-peaceful or disruptive manner, whether he or she is acting individually or within a group, may be charged on the basis of the individual’s or group’s behavior with a violation of this policy. Ignorance of this policy or lack of intent to violate this policy is not an acceptable justification for violating it. Lack of intent or lack of awareness of the existence of College or Consortium policy will not excuse violations. Charges will be brought at the home college of the accused.

Any President on his or her home campus, or designee, or the Chief Executive Officer of CUC, or designee, on the property of CUC, is authorized to take action against any individual violating this policy. Actions may include arrest, or other legal action, or notice of disciplinary charges and handled through the home College’s disciplinary procedures. The Presidents and the Chief Executive Officer of CUC may delegate their authority to act.

Enforcement

In the event of a non-peaceful or disruptive action on the property of any of the Claremont Colleges, CUC, or any of their affiliated offices or programs, the affected College or Colleges or Claremont University Consortium will act according to the following procedures:

  • The President(s) of the College(s) where activities are disrupted or the Chief Executive Officer of CUC, in the case of the property of CUC, will determine whether or not negotiation will take place with those involved in the demonstration or disruption. S/he will also determine the actions to be taken including, but not limited to, provisional or summary suspension or arrest. The president of the college may summarily suspend a student of his/her college violating this policy. However, the president of the college or the CEO of CUC will only have the authority to provisionally suspend a student representing one of the other Claremont Colleges-pending referral to the home campus disciplinary body.
  • The Colleges and CUC agree that cases of student disruption or non-peaceful action normally will be treated as a violation of the student’s home campus conduct code and will be adjudicated by the normal disciplinary process at the student’s home college. Appropriate Officials at the affected institution(s) may put disruptive or non-peaceful individuals on notice that they are in violation of this policy and file charges against them. Officials at the home campus agree to acknowledge requests for disciplinary action-including requests for suspension-and take action that is consistent with and/or allowed by disciplinary procedures at the home campus.
  • Officials at the other campuses will promptly provide assistance in identifying disruptive or non-peaceful individuals to the campus where the disruption occurs or to CUC.
  • All individuals who are engaged in disruptive or non-peaceful action will be notified that they are trespassing.
  • Persons who continue to trespass after notification are subject to arrest (by a Peace Officer or by Private Person. (California Penal Code Section 834).
  • Individual Claremont Colleges and CUC may bill students or file civil suits to recover damages and costs.
  • While officials at affected colleges or CUC may temporarily revoke any or all student privileges or take steps to end disruptive or non-peaceful protests, the college at which the student is enrolled, and only that college, may adjudicate complaints and make final decisions about alleged violations of conduct, apart from those decisions made by a court of law.

Approved by the Council of The Claremont Colleges, November 7, 2001.

This policy is not to be amended or changed without approval of the Council



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