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Claremont McKenna College    
 
    
 
  Sep 24, 2017
 
2016-2017 Policy Library [ARCHIVED CATALOG]

The Claremont Colleges Banning Disruptive Persons Policy


Background

The Claremont Colleges are composed of seven institutions of higher education, including: The Claremont Graduate University, Claremont McKenna College, Harvey Mudd College, the Keck Graduate Institute, Pitzer College, Pomona College, and Scripps College. For the purpose of this policy, the Claremont University Consortium shall also be considered part of The Claremont Colleges, as well as any property owned by The Claremont Colleges which is located away from the home campuses.

As institutions of higher education, The Claremont Colleges share a common purpose of providing an educational experience that is, among other things, safe from harm, fosters personal growth, and is intellectually enlightening. The need to protect individual institutions and The Claremont Colleges from harm to its community members and assets is therefore a very high priority. Balanced against this priority is the need to protect free speech and academic freedom.

The Claremont Colleges must comply with all legal requirements of the United States and the State of California when taking steps to protect community members and assets. 

Policy

In the event of a threat to the safety or well-being of an individual, group, or member institution of The Claremont Colleges, each institution reserves the right to prohibit disruptive or potentially dangerous persons from their campuses. The Claremont Colleges further agree to consult with each other about such individuals and, with permission, extend the ban to cover any or all of the member institutions and their functions.

The authority for this policy emanates from each institution’s right to control its own property, and authority for coordination between The Claremont Colleges occurs through agreement among the Presidents of the Colleges.

Under normal circumstances, the Deans of Students, the Director of Campus Safety, or the Chief Administrative Officer of The Claremont University Consortium shall be the designated officials who are responsible for the banning of disruptive or potentially dangerous persons from campus. Other designated officials may be expected to carry out these duties, as determined by the President(s) of the institution(s).

The designated official who is assigned to review any potentially disruptive or dangerous situation may exercise emergency power, including issuing an immediate ban, to respond to a threat. These actions shall be reasonable and narrowly tailored to the fit the event.

The designated official may also issue a ban as the result of an investigation, with the opportunity for all parties to be heard, and the results of which lead the official to conclude that illegal activity, disruption, or the threat of harm to others or property has or may have occurred.  The official may also ban an individual if there is reason to suspect that illegal activity, disruption, or the threat of harm to others or property is increasingly likely to occur in the future.

Bans to one or more of The Claremont Colleges may be temporary or permanent, and shall clearly indicate their length and scope to the person who has been banned. This policy does not preclude The Claremont Colleges from taking criminal, civil, or restraining action against individuals.

The following procedures provide guidelines to be used by the designated official to ban an individual from the campus, property, or function of the college or colleges. These procedures do not apply to faculty or staff. 

Procedures Governing Individuals With or Without a Relationship to The Claremont Colleges

  1. Regarding Individuals with No Direct Connection to The Claremont Colleges: 

    This set of procedures applies to individuals who: have never been a student of The Claremont Colleges; do not have a spouse or partner who is an employee or volunteer at The Claremont Colleges; and are not parents of a current or former student of The Claremont Colleges.

    Each designated official has the authority to issue a ban on behalf of one or more of The Claremont Colleges. A ban of this type is communicated to all other Student Deans, and a copy of the ban letter shall be sent to the Director of Campus Safety.  

  2. Regarding Individuals with a Connection to One of The Claremont Colleges or the Claremont University Consortium:

    This set of procedures applies to: alumni; former students who are not currently enrolled; spouses or partners of an employee, part-time employee, or volunteer; those performing volunteer work; and parents of current or former students. 

    The designated official initiating the ban shall send a message to all other Deans of Students to determine if there is any objection to banning the individual in question.  Any Dean raising an objection may choose not to have his/her campus covered by the ban. If no concerns are raised within 48 hours, the initiating official may apply the ban to cover all The Claremont Colleges’ properties. 

  3. Regarding Current Students:

    This set of procedures applies to any student who is currently enrolled at one of The Claremont Colleges, including when the Colleges are in or out of session. It is within the authority of the banning campuses and CUC to make this decision without regard to judicial proceedings at the home campus.  

    • How the Ban of a Current Student Applies to Colleges:

      Unless otherwise specified, the banned student shall be permitted to attend classes and use relevant academic resources on campus but suspended from all other activities.

    • How the Ban of a Current Student Applies to the Claremont University Consortium:

      Depending upon the circumstances of the individual student, the CAO shall determine, in consultation with individual CUC services and the Dean of Students at the college at which the student is enrolled, the scope and extent of the ban from CUC services and property. The student shall normally be permitted to make appointments at CUC offices and services as needed. For “drop in services” that a student might utilize (i.e.. OBSA, CLSA, Chaplains, etc), the CAO shall decide, based on the circumstances giving rise to the ban, whether drop-in privileges shall continue or if the banned student shall be required to schedule appointments.

      Generally, banned students shall be permitted to use Honnold Library and the Huntley Bookstore, although CUC reserves the right to limit and/or suspend privileges where circumstances warrant such action. Circumstances under which a student might be restricted from bookstore and/or library usage include, but are not limited to, students who appear to pose a threat to the health, safety or welfare of other patrons and/or theft from the facility.

Requests for Review, Modification, or Removal of a Ban

A person banned from one or more of The Claremont Colleges may request that the banning party discuss the nature of the ban, modify the ban, or withdraw the ban. It is the responsibility of the banned person to contact the official who first initiated the ban to request a conversation about the ban. It is also the responsibility of the banned person to bring any substantive changes to the attention of the banning official in order to request reconsideration.  For current students who have been banned, the home campus Dean of Students should review the ban policy and appeals process with the student.

Changes to any ban will be communicated to the other designated officials for their consideration relevant to the person’s status on their respective campuses. 

Effective Date & Application of this Policy to New Institutions

Should additional institutions formally join The Claremont Colleges, this policy shall automatically apply to those institutions upon incorporation, including their property in Claremont and elsewhere.

Date of Approval by the Council of The Claremont Colleges: April 5, 2011.