Category: Governance/Legal, Student Affairs
Title: Civil Rights Handbook
Date Approved: July 1, 2016
Related Policies: Procedures for Student and Faculty Grievances Against Faculty Members and for Faculty Grievances Against Academic Administrators
Responsible Official: Assistant Vice President for Diversity and Inclusion
As an institution of higher education, Claremont McKenna College (“CMC” or “the College”) is firmly committed to providing equal opportunity for all our community members, irrespective of an individual’s background. The College strives to maintain a community in which all people respect the rights of other people to live, work, and learn in peace and dignity; to be proud of who and what they are; and to have equal opportunity to realize their full potential as individuals and members of society.
As such, CMC maintains an environment for students, faculty, staff, and visitors free from all forms of discrimination and harassment prohibited by law, including sexual misconduct, hate crimes, and issues arising under the Rehabilitation Act and the American with Disabilities Act.
This Civil Rights Policy Statement extends to all categories or classifications of individuals or groups who are legally protected from discrimination or harassment, including: race, color, national origin, ancestry, religion, gender, sexual orientation, age, physical disability, mental disability, marital status, veteran status, genetic information, or any other characteristic that may be specified in such laws and regulations (Protected Status). Gender includes both the physiological sex of an individual and that person’s gender identity, appearance, or behavior, regardless of whether that identity, appearance, or behavior is traditionally associated with that person’s sex at birth.
The College has adopted this Handbook to reflect and maintain its institutional values and community expectations with respect discrimination, harassment, hate crimes, stalking, intimate partner violence, and sexual misconduct, including:
- Taking prompt action to prevent and address such behavior and remedy its effects;
- Providing for fair and equitable procedures for determining when Prohibited Conduct has occurred and providing recourse for individuals and the community in response to such violations.
For Spanish speakers, please refer to Manual de Derechos Civiles as a reference for the policies and practices listed in this Handbook.
Academic Freedom and Freedom of Expression
This Handbook is consistent with the College’s core values of academic freedom and free speech. The College has adopted the University of Chicago’s Statement on Academic Freedom, which is incorporated in full here:
From its very founding, the University of Chicago has dedicated itself to the preservation and celebration of the freedom of expression as an essential element of the University’s culture. In 1902, in his address marking the University’s decennial, President William Rainey Harper declared that “the principle of complete freedom of speech on all subjects has from the beginning been regarded as fundamental in the University of Chicago” and that “this principle can neither now nor at any future time be called in question.”
Thirty years later, a student organization invited William Z. Foster, the Communist Party’s candidate for President, to lecture on campus. This triggered a storm of protest from critics both on and off campus. To those who condemned the University for allowing the event, President Robert M. Hutchins responded that “our students … should have freedom to discuss any problem that presents itself.” He insisted that the “cure” for ideas we oppose “lies through open discussion rather than through inhibition.” On a later occasion, Hutchins added that “free inquiry is indispensable to the good life, that universities exist for the sake of such inquiry, [and] that without it they cease to be universities.”
In 1968, at another time of great turmoil in universities, President Edward H. Levi, in his inaugural address, celebrated “those virtues which from the beginning and until now have characterized our institution.” Central to the values of the University of Chicago, Levi explained, is a profound commitment to “freedom of inquiry.” This freedom, he proclaimed, “is our inheritance.”
More recently, President Hanna Holborn Gray observed that “education should not be intended to make people comfortable, it is meant to make them think. Universities should be expected to provide the conditions within which hard thought, and therefore strong disagreement, independent judgment, and the questioning of stubborn assumptions, can flourish in an environment of the greatest freedom.” The words of Harper, Hutchins, Levi, and Gray capture both the spirit and the promise of the University of Chicago. Because the University is committed to free and open inquiry in all matters, it guarantees all members of the University community the broadest possible latitude to speak, write, listen, challenge, and learn. Except insofar as limitations on that freedom are necessary to the functioning of the University, the University of Chicago fully respects and supports the freedom of all members of the University community “to discuss any problem that presents itself.”
Of course, the ideas of different members of the University community will often and quite naturally conflict. But it is not the proper role of the University to attempt to shield individuals from ideas and opinions they find unwelcome, disagreeable, or even deeply offensive. Although the University greatly values civility, and although all members of the University community share in the responsibility for maintaining a climate of mutual respect, concerns about civility and mutual respect can never be used as a justification for closing off discussion of ideas, however offensive or disagreeable those ideas may be to some members of our community.
The freedom to debate and discuss the merits of competing ideas does not, of course, mean that individuals may say whatever they wish, wherever they wish. The University may restrict expression that violates the law, that falsely defames a specific individual, that constitutes a genuine threat or harassment, that unjustifiably invades substantial privacy or confidentiality interests, or that is otherwise directly incompatible with the functioning of the University. In addition, the University may reasonably regulate the time, place, and manner of expression to ensure that it does not disrupt the ordinary activities of the University. But these are narrow exceptions to the general principle of freedom of expression, and it is vitally important that these exceptions never be used in a manner that is inconsistent with the University’s commitment to a completely free and open discussion of ideas.
In a word, the University’s fundamental commitment is to the principle that debate or deliberation may not be suppressed because the ideas put forth are thought by some or even by most members of the University community to be offensive, unwise, immoral, or wrong-headed. It is for the individual members of the University community, not for the University as an institution, to make those judgments for themselves, and to act on those judgments not by seeking to suppress speech, but by openly and vigorously contesting the ideas that they oppose. Indeed, fostering the ability of members of the University community to engage in such debate and deliberation in an effective and responsible manner is an essential part of the University’s educational mission.
As a corollary to the University’s commitment to protect and promote free expression, members of the University community must also act in conformity with the principle of free expression. Although members of the University community are free to criticize and contest the views expressed on campus, and to criticize and contest speakers who are invited to express their views on campus, they may not obstruct or otherwise interfere with the freedom of others to express views they reject or even loathe. To this end, the University has a solemn responsibility not only to promote a lively and fearless freedom of debate and deliberation, but also to protect that freedom when others attempt to restrict it.
As Robert M. Hutchins observed, without a vibrant commitment to free and open inquiry, a university ceases to be a university. The University of Chicago’s long- standing commitment to this principle lies at the very core of our University’s greatness. That is our inheritance, and it is our promise to the future.
Entities Covered by this Policy
This Handbook applies to all reports of Prohibited Conduct occurring on or after the effective date of the Handbook. Where the date of the reported Prohibited Conduct precedes the effective date of this Handbook, the definitions of misconduct in existence at the time of the reported Prohibited Conduct will be used. However, the Grievance Procedures set forth in this Handbook will be used to investigate and resolve all reports made on or after the effective date of this Handbook, regardless of when the incident(s) occurred.
This Handbook applies to all members of the Claremont McKenna community, including students; faculty, staff, volunteers, vendors, contractors, visitors, and individuals regularly or temporarily employed, conducting business, studying, living, visiting, or having any official capacity with the College or on its property. This means that all such individuals are protected from discrimination, harassment, or sexual misconduct and other Prohibited Conduct within the scope of this Handbook. This also means that all such individuals may be found responsible and subject to disciplinary sanctions in relation to engaging in any Prohibited Conduct.
The College strongly encourages reports of Prohibited Conduct regardless of who engaged in the conduct. Even if the College does not have jurisdiction over the Respondent, the College will take prompt action to provide for the safety and well-being of the Complainant and the broader campus community.
Activities and Locations Covered
This Handbook applies to all of the College’s activities and programs, regardless of whether any Prohibited Conduct occurred on or off campus. Additionally, if Prohibited Conduct between members of the College community occurred off campus and did not involve a College activity or program, the Handbook still applies if the conduct has an effect on or threatens a CMC community member.
In circumstances involving parties from more than one campus within The Claremont Colleges, the grievance or other relevant disciplinary procedures related to any action against the Respondent will be those of the Respondent’s home institution. The College will coordinate with the Respondent’s home institution in the investigation of the matter and will take steps to stop the conduct and remedy its effects to the extent reasonably possible. The College maintains its authority to take action to ensure campus safety.
|CMC Office of Civil Rights
|Nyree Gray, Assistant Vice President for Diversity and Inclusion
Chief Civil Rights Officer
Heggblade, Second Floor
Claremont, CA 91711
|Lynzie De Veres, Title IX Coordinator
Athenaeum, Second Floor
Claremont, CA 91711
These definitions apply throughout the Handbook:
- Accommodations: generally refers to services beyond those normally provided by the College, or exceptions to academic or other policies of the College that may be appropriate to support the Complainant, Respondent, or any other individual and which may be independent of any Grievance Process. Examples include providing alternate housing, offering academic adjustments (alternate classes, tutoring, rescheduling exams, or dropping a course), providing escorts on campus, facilitating leaves of absences or other support.
- Complainant: the person who may have experienced Prohibited Conduct. The College uses this term for ease of reference and to be consistent with terminology commonly used by the Department of Education’s Office of Civil Rights. As the College’s process to resolve alleged violations of civil rights is neutral, use of this term does not signify the College’s endorsement of the allegations.
- Chief Civil Rights Officer: the designated College official responsible for the development and implementation of a comprehensive program for compliance with civil rights laws, including but not limited to the oversight and administration of this Handbook.
- Grievance Procedures: the rules the College will follow when adjudicating an allegation of Prohibited Conduct.
- Institution as Complainant: a designated college official/office who acts in the capacity of a Complainant when a Complainant is unavailable or unwilling to participate in the Grievance Process and it has been determined that the matter must nevertheless proceed through the Grievance Process.
- Interim Measures: generally refers to remedies or adjustments that may have a material impact on Respondent’s rights and privileges at the College, but which are appropriate to provide for the safety of the Complainant or the community. Examples include issuing a “no contact” letter; housing adjustments; reasonable changes to work/class schedules; suspending or limiting access to College facilities or activities (student government positions, athletics, study abroad/sponsored travel, Commencement); and imposing a non-disciplinary, interim suspension on a student, or non-disciplinary leave of absence on a faculty or staff member.
- Non-Disciplinary, Administrative Measures: refers to measures that may be appropriate in response to a report and which may be independent of any Grievance Process. Examples include educational initiatives or trainings, or other forms of remedial, community-based responses.
- Respondent: the person who is alleged to have engaged in Prohibited Conduct. The College uses this term for ease of reference and to be consistent with terminology commonly used by the Department of Education’s Office of Civil Rights. As the College’s process to resolve alleged violations of civil rights is neutral, use of this term does not signify the College’s endorsement of the allegations.
- Responsible Employee: a College employee or agent who is generally required to take immediate and appropriate responsive action when s/he knows, or, in the exercise of reasonable care, should have known about discrimination, harassment or sexual misconduct.
- Support Person: a person chosen by a Complainant, Respondent or witness to serve as an advisor or support person throughout the Response Procedures and any Grievance Process. The Support Person may be an attorney or legal advisor. The Support Person’s role is further described in the Grievance Procedures.
- Third Party: any other person participating in the Response Procedures or Grievance Procedures. A Third Party may also be a Witness or an individual who makes a report on behalf of a Complainant.
- Title IX Coordinator/Deputy Title IX Coordinators: designated College personnel responsible for overseeing the College’s compliance with Title IX, the VAWA Amendments to the Clery Act, and California Education Code Sections 67380-67386. As monitors of the Grievance Procedures, these personnel are dedicated to ensuring that the Process is fair and neutral. They do not advocate for a Complainant or Respondent nor guide the Process to a pre-determined outcome. For efficiency, whenever the term “Title IX Coordinator” is used in these policies, it encompasses “Deputy Title IX Coordinators” as well when the Title IX Coordinator has so designated.
- Witness: a person asked to give information about a matter under review pursuant to the Response Procedures or Grievance Procedures.
CMC prohibits the following conduct:
Discrimination refers to the disparate treatment of a person or group because of that person’s or group’s race, color, national origin, ancestry, religion, gender, sexual orientation, age, physical disability, mental disability, marital status, veteran status, genetic information, or any other characteristic that may be specified in such laws and regulations (Protected Status). Gender includes both the physiological sex of an individual and that person’s gender identity, appearance, or behavior, regardless of whether that identity, appearance, or behavior is traditionally associated with that person’s sex at birth.
Discrimination also includes issues arising under the Rehabilitation Act and the American with Disabilities Act, including complaints or reports related to the accessibility of electronic or information technology (EIT) resources or other reasonable accommodation requests.
Harassment is a form of prohibited discrimination that involves conduct that creates an intimidating, offensive, or hostile working or learning environment, or that interferes with work or academic performance based on a person’s actual or perceived Protected Status. Such conduct constitutes harassment when:
- Submission to or rejection of such conduct is made, either explicitly or implicitly, a term or condition of an individual’s employment, evaluation of academic work, or participation in any aspect of a College program or activity; or
- Submission to or rejection of such conduct by an individual is used as the basis for decisions affecting the individual; or
- Such conduct is sufficiently serious or persistent as to create an intimidating, hostile, humiliating, demeaning, or sexually offensive working, academic, residential, or social environment under both a subjective and objective standard.
In determining whether harassment occurred, the conduct alleged to constitute harassment is evaluated from both the perspective of the targeted individual as well as the perspective of a reasonable person similarly situated to such and in consideration of the context of the behavior.
- Where non-physical conduct is the nature of the concern (i.e. speech or other expressive activity)
- Statements or conduct legitimately and reasonably related to the College’s mission of education do not constitute harassment, and unlawful harassment must be distinguished from behavior that, even though unpleasant or disconcerting, is reasonable and appropriate in view of the relevant circumstances.
- This extends to both academic freedom and freedom of expression (e.g., non-disruptive participation in a protest, speaking as a citizen in an open forum, etc.).
- In an employment setting, harassment can often take many non-physical forms, including, but not limited to, slurs, jokes, statements, gestures, pictures, or cartoons regarding an individual’s actual or perceived Protected Status.
- In the College setting, the College will evaluate the context:
- Classroom discussion vs. within a purely administrative office
- To the extent classroom or academic related - relationship to the course
Sexual Harassment - Further Defined
Consistent with the general definition of Harassment set forth above, sexual harassment includes any unwelcome sexual advance, request for sexual favors, or other unwelcome verbal, visual, or physical conduct of a sexual nature that rises to the level of severity or persistence set forth in this section.
Sexual harassment also includes gender-based harassment, which may include acts of verbal, nonverbal, or physical aggression, intimidation, or hostility based on sex or sex stereotyping, even if those acts do not involve conduct of a sexual nature.
- May be blatant and intentional and involve an overt action, a threat or reprisal, or may be subtle and indirect, with a coercive aspect that is unstated.
- Does NOT have to include intent to harm, be directed at a specific target, or involve repeated incidents.
- May be committed by anyone, regardless of gender, age, position, or authority. While there is often a power differential between two persons, perhaps due to differences in age, social, educational, or employment relationships, harassment can occur in any context.
- May be committed by a stranger, an acquaintance, or someone with whom the complainant has an intimate or sexual relationship.
- May be committed by or against an individual or may be a result of the actions of an organization or group.
- May occur by or against an individual of any sex, gender identity, gender expression, or sexual orientation.
- May occur in the classroom, in the workplace, in residential settings, or in any other setting.
- May be a one-time event or can be part of a pattern of behavior.
- May be committed in the presence of others or when the parties are alone.
- May affect the Complainant or third parties who witness or observe harassment and are affected by it.
Examples of conduct that may constitute sexual harassment as defined above may include a severe, persistent, or pervasive pattern of unwelcome conduct that includes one or more of the following:
- Physical conduct:
- Unwelcome touching, sexual/physical assault, impeding, restraining, or blocking movements
- Unwanted sexual advances within the employment context
- Verbal conduct:
- Making or using derogatory comments, epithets, slurs, or humor
- Verbal abuse of a sexual nature; graphic verbal commentaries about an individual’s body; sexually degrading words used to describe an individual; suggestive or obscene letters, notes, or invitations
- Objectively offensive comments of a sexual nature, including persistent or pervasive sexually explicit statements, questions, jokes, or anecdotes
- Visual conduct:
- Leering, making sexual gestures, displaying of suggestive objects or pictures, cartoons, or posters in a public space or forum
- Severe, persistent, or pervasive visual displays of suggestive, erotic, or degrading sexually oriented images that are not pedagogically appropriate
- Written conduct: letters, notes, or electronic communications containing comments, words, or images described above
- Quid pro quo conduct:
- Direct propositions of a sexual nature between those for whom a power imbalance or supervisory or other authority relationship exists
- Offering employment benefits in exchange for sexual favors
- Making submission to sexual advances an actual or implied condition of employment, work status, promotion, grades, or letters of recommendation, including subtle pressure for sexual activity, an element of which may be repeated requests for private meetings with no academic or work purpose
- Making or threatening reprisals after a negative response to sexual advances
A hate crime is a specific form of discrimination linked to criminal act involving one or more of the following crimes:
- Murder, manslaughter, sexual offense (forcible or non-forcible), theft, simple assault, intimidation, stalking, or vandalism, or any other crime involving bodily injury.
- Where such criminal act was motivated by bias against any person or group of persons, or the property of any person or group of persons because of the actual or perceived Protected Status of the person or group.
Stalking means a course of physical or verbal conduct directed at another individual that could be reasonably regarded as likely to alarm, harass, or cause fear of harm or injury to that person or to a third party. A course of conduct consists of at least two acts. The feared harm or injury may be physical, emotional, or psychological, or related to the personal safety, property, education, or employment of that individual. Stalking may include, but is not limited to:
- Non-consensual communication, including face-to-face communication, telephone calls, voice messages, e-mails, texts, letters, notes, gifts, or any other communications that are undesired and place another person in fear;
- Using Global Positioning Systems (GPS) to monitor a victim;
- Pursuing, following, waiting, or showing up uninvited at or near a residence, workplace, classroom, or other places frequented by the victim;
- Surveillance or other types of observation, including staring or “peeping”;
- Verbal or physical threats;
- Gathering information about an individual from friends, family, or co-workers;
- Threats to harm self or others;
- Lying to others about the victim; or
- Cyber-stalking, including but not limited to, the use of online, electronic, or digital technologies, including:
- Unauthorized posting of pictures, messages, or information about the Complainant on websites, Internet sites, social networking sites, or bulletin boards or in chat rooms;
- Sending unwanted/unsolicited email, texts, or talk requests; or
- Posting private or public messages on Internet sites, social networking sites, or bulletin boards.
Intimate Partner Violence
Intimate Partner Violence refers to any act of violence or threatened act of violence, sexual or otherwise, against a person who is or has been involved in a sexual, dating, domestic or other intimate relationship with that person. It is often referred to as dating violence or domestic violence, both of which are described below.
Intimate partner violence can encompass a broad range of behavior including, but not limited to, physical violence, sexual violence, emotional violence, and economic abuse. It may involve one act or an ongoing pattern of behavior. Intimate partner violence may take the form of threats, assault, property damage, violence, or threat of violence to one’s self, one’s sexual or romantic partner, or to the family members or friends of the sexual or romantic partner. Intimate partner violence affects individuals of all genders, gender identities, gender expressions, and sexual orientation and does not discriminate by racial, social, or economic background.
“Dating Violence” is violence committed by a person who is or has been in a social relationship of a romantic or intimate nature with the person subjected to such violence. Whether there was such a relationship will be determined based on, among other factors, the Complainant’s and Respondent’s statements, and with consideration of the length of the relationship, the type of relationship, and the frequency of interaction between the parties involved in the relationship.
“Domestic Violence” is a felony or misdemeanor crime of violence committed by:
- A current or former spouse or intimate partner of the victim;
- A person with whom the victim shares a child in common;
- A person who is cohabiting with, or has cohabitated with, the victim as a spouse or intimate partner;
- A person similarly situated to a spouse of the victim under the domestic or family violence laws of the jurisdiction in which the crime of violence occurred; or
- Any other person against an adult or youth victim who is protected from that person’s acts under the domestic or family violence laws of the jurisdiction in which the crime of violence has occurred.
The College recognizes that sexual harassment, sexual assault, sexual exploitation, stalking, and retaliation all may be forms of intimate partner violence when committed by a person who is or has been involved in a sexual, dating, or other social relationship of a romantic or intimate nature with the Complainant.
Prohibited Relationships by Persons in Authority
Engaging in a sexual or other intimate relationships in which one party maintains a direct supervisory or evaluative role over the other party do not necessarily constitute a form of prohibited Harassment or Sexual Misconduct. However, such relationships do present special concerns related to the potential for such misconduct and are therefore prohibited as described below.
In general, this prohibition extends includes all sexual or other intimate relationships between students and their employers, supervisors, professors, coaches, advisors or other College employees.
Similarly, College employees (faculty and staff) who supervise or otherwise hold positions of authority over others are prohibited from having a sexual or other intimate relationship with an individual under his/her direct supervision.
The College does not wish to interfere with private choices regarding personal relationships when such relationships do not interfere with the goals and policies of the College. However, faculty, administrators, and others who educate, supervise, evaluate, employ, counsel, coach or otherwise guide students or directly supervise subordinates should understand the fundamentally asymmetrical nature of the relationship they have with students or subordinates.
Intimate or sexual relationships where there is differential in power or authority produce risks for every member of our community and undermine the professionalism of faculty and supervisors. In either context, the unequal position of the parties presents an inherent element of risk and may raise sexual harassment concerns if one person in the relationship has the actual or apparent authority to supervise, evaluate, counsel, coach, or otherwise make decisions or recommendations as to the other person in connection with his/her employment or education at the college.
In addition, sexual relations between persons occupying asymmetrical positions of power, even when both consent, raise suspicions that the person in authority has violated standards of professional conduct and potentially subject the person in authority to charges of sexual harassment based on changes in the perspective of the individuals as to the consensual nature of the relationship. Similarly, these relationships may impact third parties based on perceived or actual favoritism or special treatment based on the relationship.
Therefore, persons with direct supervisory or evaluative responsibilities who contemplate beginning or are involved in such relationships are required to promptly:
- Disclose the circumstances to his/her own supervisor.
- Where feasible and practicable, coordinate with the supervisor to develop, implement, and maintain any appropriate reassignment or other protocols to have the effect of discontinuing or eliminating any direct role as a supervisor of the subordinate employee.
- When not feasible or practicable, avoiding or discontinuing the relationship.
Failure to fully or timely comply with these requirements is a violation of this Policy by the person in authority, who may subject to disciplinary action, up to and including termination for cause.
Finally, any member of the CMC community who was subjected to discrimination or harassment based on a person of authority’s failure to abide by the terms of this Policy may file a complaint under the Discrimination and Harassment Policy and/or this Policy.
The College prohibits all forms of Sexual Misconduct, including non-consensual sexual intercourse, non-consensual sexual contact, sexual exploitation, stalking, and intimate partner violence, as further defined below (“Sexual Misconduct”). Sexual misconduct may occur irrespective of a person’s sex, gender/gender identity, sexual orientation or dating/marital status. In other words, anyone can be the target of Sexual Misconduct.
All forms of Sexual Misconduct refer to sexual acts perpetrated without a person’s affirmative consent (which is described below and is a necessary component of all sexual activity).
Non-Consensual Sexual Intercourse
Non-consensual sexual intercourse is any sexual intercourse, however slight, with any object (e.g. penis, object, finger, hand), by a person upon a person, that is without consent or by force. Sexual intercourse includes vaginal or anal penetration and oral copulation (mouth to genital contact or genital to mouth contact) no matter how slight the penetration or contact.
Non-Consensual Sexual Contact
Non-Consensual Sexual Contact is any intentional sexual touching, however slight, with any object, by a person upon a person, when such touching is without his or her consent or by force. Sexual contact includes intentional contact with the intimate parts of another, causing another to touch one’s intimate parts, or disrobing or exposure of another without permission. Intimate parts may include the breasts, genitals, buttocks, groin, mouth, or any other part of the body that is touched in a sexual manner.
Sexual Exploitation occurs when an individual takes non-consensual or abusive sexual advantage of another for one’s own advantage or benefit, or to benefit or advantage anyone other than the one being exploited. Examples of sexual exploitation include, but are not limited to:
- Surreptitiously observing another individual’s nudity or sexual activity or allowing another to observe consensual sexual activity without the knowledge and consent of all parties involved;
- Non-consensual possession, sharing, or streaming of images, photography, video, or audio recording of sexual activity or nudity, or distribution of such without the knowledge and consent of all parties involved;
- Exposing one’s genitals or inducing another to expose their own genitals in non-consensual circumstances;
- Knowingly exposing another individual to a sexually transmitted disease, virus, or infection without the other party’s knowledge;
- Prostitution or engaging in non-consensual sexual activity for personal benefit of yourself or a third party through force or intimidation; or
- Inducing incapacitation for the purpose of making another person vulnerable to non-consensual sexual activity.
Affirmative consent is an affirmative, conscious, and voluntary decision by each participant to engage in mutually agreed-upon (and the conditions of) sexual activity.
Affirmative consent is required for any sexual activity to occur between two or more individuals. Neither the lack of protest or resistance nor silence constitutes consent, and consent may be withdrawn at any time. It is the responsibility of each person involved in sexual activity to make sure they have affirmative consent from the other.
Even in the context of a current or previous intimate relationship, each party must consent to each instance of sexual contact each time. The mere fact that there has been prior intimacy or sexual activity does not, by itself, imply consent to future acts.
The following factors are used to evaluate whether affirmative consent was present in relation to alleged Sexual Misconduct:
- Informed and reciprocal: All parties must demonstrate a clear and mutual understanding of the nature and scope of the act to which they are consenting and a willingness to do the same thing, at the same time, in the same way.
- Freely and actively given: Consent cannot be obtained through the use of force, coercion, threats, intimidation, or pressuring, or by taking advantage of the incapacitation of another individual.
- Mutually understandable: Communication regarding Consent consists of mutually understandable words or actions that indicate an unambiguous willingness to engage in (and the conditions of) sexual activity. In the absence of clear communication or outward demonstration, there is no consent. Consent may not be inferred from silence, passivity, lack of resistance, or lack of active response. An individual who does not physically resist or verbally refuse sexual activity is not necessarily giving consent. Relying solely upon non-verbal communication can lead to a false conclusion as to whether consent was sought or given.
- Not indefinite: Consent may be withdrawn by any party at any time. Recognizing the dynamic nature of sexual activity, individuals choosing to engage in sexual activity must evaluate Consent in an ongoing manner and communicate clearly throughout all stages of sexual activity. Withdrawal of Consent can be an expressed “no” or can be based on an outward demonstration that conveys that an individual is hesitant, confused, uncertain, or is no longer a mutual participant. Once consent is withdrawn, the sexual activity must cease immediately and all parties must obtain mutually expressed or clearly stated Consent before continuing any further sexual activity.
- Not unlimited: Consent to one form of sexual contact does not constitute Consent to all forms of sexual contact, nor does Consent to sexual activity with one person constitute Consent to activity with any other person. Each participant in a sexual encounter must consent to each form of sexual contact with each participant.
- Not forced: Consent is not valid if it is obtained through the use or threat of force. Force is the use or threat of physical violence or intimidation to overcome an individual’s freedom of will to choose whether or not to participate in (and the conditions of) any sexual activity. For the use of force to be demonstrated, there is no requirement that a Complainant resist the sexual advance or request. However, resistance by the Complainant will be viewed as a clear demonstration of no consent.
- Not coerced: Consent obtained through coercion is not valid. Coercion is the improper use of pressure to compel another individual to initiate or continue sexual activity against that person’s will. Coercion can include a wide range of behaviors, including intimidation, manipulation, threats, and blackmail. A person’s words or conduct are sufficient to constitute coercion if they wrongfully impair another individual’s freedom of will and ability to choose whether or not to engage in sexual activity. Examples of coercion include threatening to “out” someone based on sexual orientation, gender identity, or gender expression and threatening self-harm if the other party does not engage in the sexual activity. When someone indicates, verbally or physically, that they do not want to engage in a particular sexual activity, that they want to stop a particular activity, or that they do not want to go past a certain point of sexual interaction, continued activity or pressure to continue beyond that point is coercive.
Capacity to Consent
To affirmatively consent to sexual activity, one must be of legal age, which the State of California is defined as age 18. Accordingly, sexual contact with an individual under 18 years of age is deemed by law to be nonconsensual and is also a violation of this Policy.
In addition to being of legal age, an individual must have the capacity to give affirmative consent.
Incapacitation is a state where an individual cannot make an informed and rational decision to engage in sexual activity because the person lacks conscious knowledge of the nature of the act (e.g., to understand the who, what, when, where, why or how of the sexual interaction) or is physically helpless. An individual is incapacitated, and therefore unable to give consent, if they are:
- Unable to understand the fact, nature or extent of sexual activity due to the impact of drugs, alcohol or medication;
- Unable to communicate due to a mental or physical condition; or
- Otherwise unaware that sexual activity is occurring.
Engaging in sexual activity with someone who one should have known to be - or based on the circumstances should reasonably have known to be - mentally or physically incapacitated (e.g. by alcohol or other drug use, unconsciousness, sleep, or blacked out) means that the individual was not able to consent to the activity.
It is not a valid excuse that Respondent believed the Complainant consented if the Respondent’s belief in affirmative consent arose from:
- Respondent’s intoxication or recklessness; or
- Respondent’s failure to take reasonable steps, in the circumstances known to the accused at that time, to ascertain whether the complainant affirmatively consented.
Incapacitation may result from the use of alcohol or drugs. However, consumption of alcohol or other drugs alone is insufficient to establish incapacitation. In general, sexual contact while under the influence of alcohol or other drugs poses a risk to all parties. Alcohol and drugs impair a person’s decision-making capacity, awareness of consequences, and ability to make informed judgments. It is especially important, therefore, that anyone engaging in sexual activity be aware of the other person’s level of intoxication. If there is any doubt as to the level or extent of the other individual’s intoxication or impairment, the prudent course of action is to forgo or cease any sexual contact or activity.
Being intoxicated or impaired by drugs or alcohol is never an excuse for sexual harassment, sexual violence, stalking, or intimate partner violence and does not diminish one’s responsibility to obtain consent.
The impact of alcohol and drugs varies from person to person, and evaluating incapacitation requires an assessment of how the consumption of alcohol or drugs impacts an individual’s:
- Decision-making ability;
- Awareness of consequences;
- Ability to make informed judgments; or
- Capacity to appreciate the nature and the quality of the act.
Finally, evaluating incapacitation also requires an assessment of whether a Respondent knew, or should have known, that the Complainant was incapacitated.
It is a violation of College policy to retaliate, intimidate, or seek retribution in any way against an individual because he or she raised allegations of discrimination, harassment, sexual misconduct, or other Prohibited Conduct, or because an individual otherwise cooperated or participated in the administration of these Policies. The College recognizes that retaliation can take many forms, may be committed by or against an individual or a group, and that a Complainant, Respondent, or third party may commit or be the subject of retaliation.
The College will take prompt action to investigate any report of retaliation and will pursue disciplinary action as appropriate. An individual reporting potential misconduct under these Policies is also entitled to protection from any form of retaliation following a report that is made in good faith, even if the report is later not proven.
It is a violation of College Policy to file a knowingly false or malicious complaint of discrimination, harassment, sexual misconduct, or other Prohibited Conduct under this Handbook. A report or complaint alleging false reporting by another individual may be pursued pursuant to the Procedures set forth in this Handbook for reporting Prohibited Conduct. A report or complaint that was made in good faith does not constitute either False Reporting or Retaliation under this Handbook.
Violations of Terms of Interim Measures
Any willful failure to follow a condition imposed upon a Respondent as an “Interim Measure” under this Policy.
The College treats an attempt to commit any Prohibited Conduct as if that attempt had been completed. An attempt is an incomplete act or effort to achieve something.
The College encourages all individuals who are subject to Prohibited Conduct to pursue all remedies available to them, including:
- Internally at the College through the Response Procedures set forth in this handbook, or
- Externally to law enforcement, an administrative agency, or pursuing the matter through civil litigation.
External and internal reporting options are not mutually exclusive and maybe pursued concurrently. However, if a report or complaint implicates both College policy and law enforcement or other external agency, the College will proceed pursuant the Response Procedures set forth in this handbook, including any Grievance Process as appropriate, regardless of action or inaction by outside authorities; provided, however, that the College may temporarily suspend or take other reasonable steps of limited duration to avoid interfering or obstructing law enforcement or other legal process.
Decisions made or sanctions imposed through these or other College procedures are not subject to change because criminal, civil or administrative charges arising from the same conduct are pursued, dismissed, reduced, or rejected.
To promote timely and effective review, the College strongly encourages individuals make reports as soon as is reasonably possible following an incident involving Prohibited Conduct. Delays in reporting may impact the College’s ability to gather relevant and reliable information. The College does not, however, limit the time frame for reporting alleged Prohibited Conduct. To the extent reasonably possible the College will take prompt and appropriate action in response to all reports of Prohibited Conduct
If the Respondent is not a member of the CMC community, or is no longer a member of the CMC Community, the College will follow its Response Procedures to the extent reasonably practicable. However, the ability of the College to take disciplinary or other remedial action against the Respondent will be limited. If the Respondent leaves the College with a pending complaint, the Respondent will not be permitted to return to the College until the complaint is resolved pursuant to the Grievance Process.
All members of the CMC community are strongly encouraged to report information regarding any potential incident of Prohibited Conduct to the Chief Civil Rights Officer, the Title IX Coordinator, or other representative designated below; provided that under no circumstances is an individual required to report Prohibited Conduct to an individual who is the alleged perpetrator.
Chief Civil Rights Officer
Nyree Gray, Assistant Vice President for Diversity and Inclusion
Heggblade, Second Floor
Claremont, CA 91711
Title IX Coordinator
Lynzie De Veres, Title IX Coordinator
Athenaeum, Second Floor
Claremont, CA 91711
Deputy Title IX Coordinators
Dianna Graves, Assistant Vice President for Strategic Initiatives
Deputy Title IX Coordinator - Faculty
Bauer Center North
500 E. 9th Street
Claremont, CA 91711
Andrea Gale, Director of Human Resources
Deputy Title IX Coordinator - Staff & Third Parties
528 Mills Avenue
Claremont, CA 91711
Terrence Tumey, Director of Athletics, Recreation, and Physical Education
Deputy Title IX Coordinator - Athletics
690 N. Mills Avenue
Claremont, CA 91711
In addition to the foregoing College representatives, an individual may report Prohibited Conduct to any Responsible Employee at the College. A “Responsible Employee” is a College employee or agent who is generally required to take immediate and appropriate responsive action when s/he knows, or, in the exercise of reasonable care, should have known about discrimination, harassment or sexual misconduct.
A Responsible Employee includes any employee who:
- Has the authority to take action to redress the discrimination or harassment; or,
- Has the duty to report incidents of potential discrimination or harassment to appropriate College officials; or
- A student or employee could reasonably believe has the authority or responsibility to take action.
Employees with supervisory and leadership responsibilities on campus are considered Responsible Employees. These employees include faculty, coaches, administrators, resident advisors, and others with a responsibility for the welfare of our students, faculty, staff, and visitors. The Chief Civil Rights Officer, Title IX Coordinator, Deputy Title IX Coordinators, Deans or Assistant Deans in the Dean of Students Office, and Campus Safety Officers are all Responsible Employees.
Information shared or reported to a Responsible Employee about potential discrimination, harassment, or sexual misconduct will only be shared with a limited circle of College representatives. The use of this information is limited to those College employees or other representatives who “need to know” in order to assist in the review, investigation, or resolution of the report. In addition, and the within the context of any appropriate investigation and related procedures under the Response and Grievance Procedures, information may also need to be shared with other parties, including the Respondent and any witnesses.
The College recognizes and understands that there are unique confidentiality and privacy concerns related to student misconduct reports involving students. This includes consideration of a Complainant’s preferences with respect to whether to pursue any disciplinary action pursuant to the Response and Grievance Procedures. Although the College seeks to honor these requests where possible, there may be circumstances in which the College determines it is necessary to proceed with the Response and Grievance Process in relation to a student Respondent.
Public awareness events such as “Take Back the Night,” the Clothesline Project, candlelight vigils, protests, “survivor speak outs,” or other forums in which individuals within the community disclose incidents of sexual misconduct are not considered notice to the College of sexual misconduct for purposes of triggering its obligation to investigate any particular incident(s). Such events may, however, inform the need for campus-wide education and prevention efforts, and the College will provide information about an individual’s rights under this Policy at these events.
External Reports to Law Enforcement
The College always encourages individuals who have experienced sexual assault or other potential crimes to contact law enforcement. The Claremont Police Department is the local law enforcement agency with jurisdiction in the City of Claremont and The Claremont Colleges.
The Claremont Police Department
Emergencies: Dial 9-1‐1
Non-Emergencies: (909) 399-5411
570 West Bonita Avenue
Claremont, CA 91711
Lobby Hours: 7:00 a.m. - 10:00 p.m., 7 days a week
External Reports to Administrative Agencies
A student or other protected individual may pursue any charge of harassment or discrimination with the United States Department of Education’s Office for Civil Rights (“OCR”). It is unlawful to retaliate against any individual for filing a complaint with, or for otherwise participating in an investigation, proceeding, or hearing conducted by, OCR.
United State Department of Education
Office for Civil Rights
Beale Street, Suite 7200
San Francisco, CA
An employee may pursue any charge of harassment or discrimination with the California Department of Fair Employment and Housing (“DFEH”) or the comparable federal agency, the Equal Opportunity Employment Commission (“EEOC”). It is unlawful to retaliate against any employee for opposing the practices prohibited by the California Fair Employment and Housing Act or comparable federal law or for filing a complaint with, or for otherwise participating in an investigation, proceeding, or hearing conducted by, the DFEH or EEOC.
EEOC Los Angeles District Office
255 East Temple Street, 4th Floor
Los Angeles, CA 90012
DEFH Los Angeles Office
611 W. Sixth Street, Suite 1500
Los Angeles, CA 90017
The College’s Legally Mandated Reporting Obligations
Although the College will normally follow an individual’s wishes with respect to contacting law enforcement, there are certain instances in which the College and/or Campus Safety may be required to report conduct to law enforcement authorities even when an individual has not decided to do so. Such circumstances include:
- Pursuant to its responsibilities under the Clery Act, the College includes statistics about certain offenses in its Annual Security Report and provides those statistics to the United States Department of Education in a manner that does not include any personally-identifying information about individuals involved in an incident. The Clery Act also requires the College to issue timely warnings to the College community about certain crimes that have been reported and may continue to pose a serious or continuing threat to the College community. The timely warning will not include any identifying information about the Complainant. Even where there is no imminent threat, the College may send campus-wide e-mail notifications on all reported sexual misconduct. At no time will the College release the name of the Complainant to the general public without the express consent of the Complainant. The release of the Respondent’s name to the general public is guided by Family Educational Rights and Privacy Act (FERPA) and the Clery Act.
- In sexual misconduct cases, when there is clear and imminent danger or risk to the individual or the community, when a weapon was involved with the incident, when the alleged conduct involves sexual misconduct and the individual is a minor (under the age of 18), or in cases of rape, forced sodomy, forced oral copulation, rape by a foreign object, sexual battery or the threat of any of those. In those cases, the College is required under California Education Code Section 67380(a)(6)to disclose the complaint to local law enforcement, although the Complainant may choose to withhold their personally identifying information. If the Complainant chooses to withhold their information, the Respondent’s identity will not be revealed unless the Respondent represents a serious or ongoing threat to the safety of students, employees or the College or law enforcement’s assistance is needed in detaining the Respondent. In these circumstances, the College’s decision to report an incident to law enforcement will be shared with the individual.
- In cases involving hate crimes, pursuant to Education Code 67383(a), the College and/or Campus Safety will immediately report certain hate crimes which occur on or off campus or on non-campus property and which was reported to a campus security authority. The Complainant may choose to withhold their personally identifying information. The College will disclose hate crimes as defined in Penal Code Section 422.55 (a criminal act committed, in whole or in part, because of a person’s actual or perceived disability, gender, nationality, race or ethnicity, religion, sexual orientation, or association with a person with those actual or perceived characteristics).
- Certain members of the CMC community are designated by California law as “mandated reporters” with legal obligations to report known or suspected abuse or neglect of children (those under age 18). For detailed information about the legal requirements, see the Child Abuse and Neglect Reporting Act (Penal Code Sections 11164-11174.3, or “the Act”). The Act encourages others not otherwise obligated by law to voluntary report known or suspected abuse of children (Penal Code 11166(g)). More information is also available by reading the policy on Reporting Child Abuse and Neglect.
Other Reporting Policies
Amnesty for Alcohol or Other Drug Use
The College encourages the reporting of prohibited conduct under these Policies. It is in the best interest of this community that as many Complainants as possible choose to report to the College, and that witnesses come forward to share what they know. To encourage reporting, individuals who report conduct prohibited under these Policies, either as Complainants or a third-‐party witnesses, will not be subject to disciplinary action by the College for their personal consumption of alcohol or drugs at or near the time of the incident, provided that any such violations did not and do not place the health or safety of any person at risk. The College may, however, initiate an educational discussion or pursue other educational remedies regarding alcohol or other drugs.
Any individual may make an anonymous report concerning any alleged Prohibited Conduct. An individual may report the incident without disclosing his or her name, identifying the Respondent, or requesting any action. Depending on the extent of information available about the incident or the individuals involved, however, the College’s ability to respond to an anonymous report may be limited.
College’s Response to Reports of Prohibited Conduct
Role and Neutrality of Chief Civil Rights Officer/Title IX Coordinator
The College’s President has delegated comprehensive oversight of the College’s civil rights-related policies to the College’s Chief Civil Rights Officer and has designated specific responsibility for oversight of Title IX compliance to the Title IX Coordinator. The President may designate Deputy Civil Rights Officers or Deputy Title IX Coordinators. These employees collectively have the following responsibilities:
- Being knowledgeable and trained with respect to relevant federal, state and other laws or regulations related to civil rights matters;
- Developing and maintaining the College’s comprehensive civil rights compliance program, including policy review, development, administration, and enforcement as well as training, education and awareness programs; and
- Overseeing the intake, assessment and resolution of all reports of Prohibited Conduct to ensure a Complainant understands the reporting options, providing a prompt and fair process for all participants, and providing care and support to all parties.
As these employees’ fundamental responsibility is to oversee the College’s compliance with federal and state civil rights-related laws as compared to advocacy, they are prohibited from providing direct advice and support to either the Complainant or the Respondent.
Whenever a document or policy indicates that the Chief Civil Rights Officer is responsible for a certain action, that same authority is vested in the Title IX and Deputy Title IX Coordinators.
Protections for All Parties
As part of its commitment to providing a prompt and equitable process, the College will:
- Treat all parties with respect, dignity, and sensitivity throughout the process.
- Provide both the Complainant and the Respondent access to support services, including those provided by Monsour Counseling and Psychological Services for students and the Employee Assistance Program for faculty and staff.
- For students, protect confidentiality consistent with the Family Education Rights and Privacy Act (FERPA).
- For all parties, make all reasonable efforts to protect confidentiality consistent with relevant legal requirements and with the need to conduct a fair and equitable investigation, including by restricting access to information to those with a legitimate need to know.
- All parties should understand that information collected through the Grievance Process may be subpoenaed in a criminal and/or civil proceeding.
- Provide written notice of the policies implicated by the complaint, these Response and Grievance Procedures, the alleged facts related to any potential policy violation, and the maximum possible sanctions that may be imposed if Respondent is found responsible.
- Provide both parties the opportunity to challenge the appointment of the Appeal Panel member if a conflict of interest or bias is present.
- Allow the Complainant and the Respondent to choose to participate or decline to participate in the event the Grievance Procedures are activated, with the understanding that the Grievance Procedures may continue without their involvement and that the College will determine an outcome based on the information available.
- Notify both parties of the option to have a Support Person of their choice present at any meeting related to a complaint and at any point during the Response or Grievance Procedures. This includes notice that such Support Person may be legal counsel of an individual’s choosing, so long as such legal counsel agrees to participate in these Procedures as a Support Person.
- Provide written notice of the resolution of any Grievance Process, including any appeal.
- Seek to complete the Response Procedures and any Grievance Process within 60 days (not including appeals), when feasible, recognizing that this time frame will vary based upon the nature of the case and the need for an equitable and prompt process.
To ensure an equitable process and to minimize the possibility of Retaliation, all proceedings initiated under this Policy are confidential, which means:
- Complainants, Respondents and Witnesses may be provided with confidential access to written materials or other confidential information throughout the Grievance Process. The parties may share such confidential information with individuals with a party’s support group, such as Support Person, or other close family members, as may be reasonably necessary and appropriate to promote an equitable process. However, confidential information that is obtained by a party through any proceeding initiated under this Policy may not be shared outside these parameters. In the absence of obtaining relevant written consent, this duty of confidential shall continue after the conclusion of these Response Procedures and any Grievance Process.
- College representatives are permitted to share confidential information within the organization among those who have a reasonable need to know in order to assist in the active review, investigation or resolution of the report pursuant to these Procedures. The College will not disclose the information to third parties who are not serving as College agents without: i) the express consent of the individual; ii) compliance with its FERPA responsibilities; or, iii) in response to a legally-binding request to disclose.
- A willful violation of these confidentiality provisions can subject a person to discipline with a maximum possible sanction of separation from the College (for students) or termination from the College (for staff or faculty).
See Appendix B for a more background information related to confidential and privacy considerations.
The Complainant and Respondent may choose to be assisted and supported by a Support Person of her/his choice in any meeting or other aspect of Response or Grievance Procedures outlined in this Handbook. The Support Person may be present in an advisory or emotional support capacity only, and shall not directly participate or intervene in meetings, the investigation, or other matters related to the College’s response under this Handbook.
To serve as a Support Person, the individual will be required to complete a form consenting to their agreement to the scope of their participation prior to serving as a Support Person. Legal counsel is permitted to serve in the role of a Support Person but must adhere to the same limitations as any other Support Person. Accordingly, legal counsel is not permitted to act as an advocate with the context of these Response and Grievance Procedures, as they would in a court of law. Legal counsel can provide advice and other support of his or her client. If legal counsel is selected as a Support Person, an additional Support Person is not allowed.
As a general guide, the College seeks to resolve all reports of Prohibited Conduct within 60 days of receipt of the report, excluding appeals. All time frames expressed outlined in these Response and Grievance Procedures are meant as guidelines rather than rigid requirements. Extenuating circumstances may arise that require the extension of time frames, including extension beyond 60 days. Extenuating circumstances may include the complexity and scope of the allegations, the number of witnesses, the availability of the parties or witnesses, the effect of a concurrent criminal investigation, any intervening College break or holiday, or other unforeseen circumstances. In the event that the process exceeds these time frames, the College will notify the Complainant and Respondent of the reason(s) for the delay and the expected adjustment in time frames. Best efforts will be made to complete the process in a timely manner by balancing principles of thoroughness and fundamental fairness with promptness.
In response to all reports of Prohibited Conduct under this Handbook, the College may implement Interim Measures as necessary to support and protect the health and safety of the parties, the safety of the College community/its members, and fairness of any process activated under this Policy. In general, Interim Measures are designed to minimize the impact on the party making a credible report of Prohibited Conduct and to provide for a fair and equitable process.
With the exception of Non-Academic or Academic suspensions (for students), Paid Leave of Absence (for staff), or Emergency Suspension with Pay (for faculty), which are discussed below, Interim Measure determinations are not subject to appeal. However, the Chief Civil Rights Officer has the authority to adjust an Interim Measure while a case is proceeding. The Chief Civil Rights Officer is also charged with the responsibility of insuring that Interim Measures are reasonably related to safety or the fairness of the process and that they remain in place only for so long as is reasonably necessary in relation to such nexus.
Non-Academic or Academic Suspensions for Students or Paid Leaves of Absence for Staff
The Chief Civil Rights Officer may place a student Respondent on Interim Suspension (Non-Academic or Academic) or a staff Respondent on a Paid Leave of Absence based on the following factors:
- The severity of the alleged Prohibited Conduct (e.g., sexual assault, use of force or intimidation, etc.);
- The Respondent poses a potential threat to another;
- The safety and well-being of members of the College community and/or the preservation of College property are threatened by the Respondent’s presence on campus;
- The Respondent poses a threat of disruption or interference with the normal operations of the College; or
- The Respondent commits violations of other College policies or Interim Measures imposed.
An Interim Suspension (Academic or Non-Academic) is the immediate, non-disciplinary, temporary separation of a student from the College pending the outcome of the Grievance Process. A Respondent placed on Non-Academic Interim Suspension is permitted to continue her or his academic program at the College, although the Chief Civil Rights Officer may restrict the Respondent’s privileges at the College (including, but not limited to, removing the Respondent from student housing, restricting participation in athletics or student government, prohibiting attendance at on or off-campus College events, and participating in sponsored internships or work study programs).
A Respondent placed on Academic Interim Suspension is prohibited from participation in any College activities/privileges described immediately above as well as prohibited from taking classes at any of The Claremont Colleges. Academic Interim Suspensions will only be considered in circumstances in which the Chief Civil Rights Officer determines that Respondent presents a material threat of disruption or violence to the College community.
A Paid Leave of Absence for staff is the immediate, non-disciplinary, and temporary removal of a staff member from campus pending the outcome of the Grievance Process.
Appealing Interim Suspensions, Paid Leaves of Absence and Emergency Suspensions with Pay
A Respondent has the right to appeal the Interim Suspension/Paid Leave of Absence/Emergency Suspension with Pay. The Chief Civil Rights Officer will receive the appeal and consider it in consultation with the appropriate supervising Vice President (although the Chief Civil Rights Officer retains the final authority in ruling on the appeal):
- Vice President of Student Affairs (or designee) for student Respondents;
- Vice President for Business and Administration (or designee) for staff member or third party Respondents.
Alleged Violations of Terms of Interim Measures
In the event of being notified of a possible violation of any term of an Interim Suspension by any Respondent, the Chief Civil Rights Officer will promptly arrange a meeting with the Respondent to discuss the possible violation. The Chief Civil Rights Officer will decide, based on a preponderance of evidence, whether the Respondent violated any term of an Interim Suspension, and if so, the appropriate sanction for the violation. Typically, the Chief Civil Rights Officer will use graduated sanctions, but a single serious violation or one that threatens the integrity of this Process, such as an attempt to intimidate or otherwise influence a witness, can result in the imposition of a full Academic Suspension, or leave without pay or termination for staff.
Providing for the Safety of the Complainant, Respondent, and the Community
In reviewing all initial and subsequent reports of Prohibited Conduct, the College will assess as appropriate any risk of harm to the Complainant, Respondent or to the broader campus community and will take steps necessary to address those risks. These steps will include any Accommodations and / or Interim Measures to provide for the safety of the Complainant, Respondent, and the College community.
In addition, whenever the College receives a report of potential misconduct that indicates an immediate threat to Complainant, Respondent, or other member of the community, the College will seek to notify appropriate first responders (including law enforcement and emergency medical responders) as soon as reasonably possible. The College will also implement any Interim Measures as it determines are necessary and appropriate to provide for the safety of Complainant, Respondent or the College community.
Intake and Assessment of a Report of Prohibited Conduct
Intake and Assessment occurs whenever the College receives a report of Prohibited Conduct under this Handbook. Intake and Assessment is designed to develop a comprehensive response plan.
Intake Meeting with Complainant
Upon receipt of a report of Prohibited Conduct, the Chief Civil Rights Officer will request a confidential meeting with the Complainant to review the alleged misconduct and advise on the Complainant’s ability to bring a Support Person.
This meeting is not intended to serve as an exhaustive interview, but rather to provide the Chief Civil Rights Officer with sufficient contextual information to determine the appropriate next steps to support the Complainant and to guide the College’s response.
The below is a summary of the topics that the Chief Civil Rights Officer will address in the meeting:
- Assistance with care and support resources, medical providers, and law enforcement;
- Interim Measures;
- Procedures for determining reasonable cause and appropriate resolution process;
- Options for participating in an Informal or Formal Grievance Process if reasonable cause exists; and
- Appropriate Non-Disciplinary Administrative Measures.
Requests for Confidentiality / Not to Proceed in Sexual Misconduct Complaint involving Student Respondent
Sexual misconduct cases involving students present unique considerations related to privacy and confidentiality. If a Complainant reporting to the College, including to a Responsible Employee, indicates that s/he wishes to maintain confidentiality or requests that no investigation into a particular incident be conducted or disciplinary action taken, the College’s general policy is to respect such request unless certain overriding factors are present related to the College’s obligation to provide a safe, non-discriminatory environment for all members of the community, including the Complainant.
If the College honors a student Complainant’s request for confidentiality, the College’s ability to meaningfully investigate the incident, pursue Interim Measures, and impose discipline against the Respondent may be limited.
There are circumstances in which the College may not be able to honor a student Complainant’s request in order to provide a safe, nondiscriminatory environment for all members of the community
In evaluating these requests, the Chief Civil Rights Officer will consider a range of factors, including the following:
- Whether there have been other sexual violence complaints about the same individual;
- Whether the individual has a history of arrests or records from a prior institution indicating a history of violence;
- Whether the individual threatened further sexual violence or other violence against the victim or others;
- Whether the sexual misconduct was committed by multiple alleged perpetrators;
- Whether the sexual misconduct was perpetrated with a weapon;
- Whether the Complainant is a minor; and
- Whether the report reveals a pattern of misconduct.
The Chief Civil Rights Officer will inform the Complainant if factors require the College to activate the Grievance Process against a Complainant’s wishes and will explain that the Complainant is not required to participate in the Grievance Process. If the Complainant does not want to participate, the Chief Civil Rights Officer will appoint a representative from the College to serve in the role of Institution as Complainant.
Determining Whether Reasonable Cause Exists
After meeting with Complainant, the Chief Civil Rights Officer will evaluate whether additional information may be necessary to determine whether there is reasonable cause to believe that Prohibited Conduct may have occurred. Reasonable cause means that based on the information available, there is a fair probability that the Prohibited Conduct may have occurred. Reasonable cause is more than a mere suspicion but less than a preponderance of the evidence.
If the Chief Civil Rights Officer determines reasonable cause might exist and the Complainant wants to participate in the Grievance Procedures or the College elects to serve as Institution as Complainant, the Chief Civil Rights Officer will complete Intake and Assessment with the Respondent before making a final determination as to reasonable cause, as described immediately below.
The Chief Civil Rights Officer may request an Investigator to conduct a brief factual inquiry to help in the determination of whether reasonable cause exists. If an Investigator wishes to interview a Respondent in conjunction with this brief factual inquiry, the Chief Civil Rights Officer will first conduct an Intake and Assessment with the Respondent.
Intake and Assessment Process for Respondent
If the Chief Civil Rights Officer determines reasonable cause might exist that the Respondent committed Prohibited Conduct, the Chief Civil Rights Officer will request a confidential meeting with the Respondent to review the alleged misconduct and advise on the Respondent’s ability to bring a Support Person.
This meeting is not intended to serve as an exhaustive interview, but rather to provide the Chief Civil Rights Officer with sufficient contextual information to determine whether reasonable cause exists.
The Chief Civil Rights Officer will discuss the same topics with Respondent during the Intake meeting as is detailed for the Complainant, with the addition of describing Respondent’s choice to participate or not in an Informal or Formal Grievance Process.
If Chief Civil Rights Officer Finds No Reasonable Cause to Believe Respondent Engaged in Prohibited Conduct
Upon concluding Intake and Assessment, the Chief Civil Rights Officer will notify the parties in writing of the decision that no reasonable cause exists to believe Respondent engaged in Prohibited Conduct. This notice will briefly describe why reasonable cause was lacking. A Complainant may appeal this decision as described in this handbook.
If Chief Civil Rights Officer Finds Reasonable Cause to Believe Respondent Engaged in Prohibited Conduct
Upon concluding Intake and Assessment, the Chief Civil Rights Officer will notify the parties in writing of the decision that reasonable cause exists to believe Respondent engaged in Prohibited Conduct, whether the report qualifies for possible Informal Resolution, or whether the report will be sent to the Formal Grievance Process. If the report will be sent to the Formal Grievance Process, this notice will inform the parties whether the Chief Civil Rights Officer selected a Type 1 or Type 2 Procedure (as described below). The decision about whether to initiate a Type 1 or Type 2 Procedure is final and not appealable.
The College allows parties, if they so desire, to seek a mutually agreeable Informal Resolution provided (i) the general safety of the campus community is not compromised, and (ii) the college is acting in full accordance with relevant laws and standards. The College has therefore adopted this Informal Resolution Process to enable the Chief Civil Rights Officer to identify the cases potentially appropriate for informal resolution, discuss this option with the Complainant and Respondent, and, if they wish, assist them in reaching an agreed-upon set of understandings and conditions to resolving a complaint.
In the Informal Resolution Process, the Chief Civil Rights Officer does not serve in the role of fact finder but rather helps the parties identify potential resolution(s) to the complaint. If the parties agree to an Informal Resolution, the Chief Civil Rights Officer will normally request the Complainant to submit a written statement describing the circumstances and the requested informal resolution within five business days of the decision to proceed informally. The Chief Civil Rights Officer will share the Complainant’s statement with the Respondent, who will then have five business days to submit a written response to the Chief Civil Rights Officer. The Chief Civil Rights Officer will share the Respondent’s submission with the Complainant.
If the parties can agree on a resolution, such resolution will be documented by the Chief Civil Rights Officer with signatures by both parties accepting the terms of the Informal Resolution.
In addition to the Informal Resolution Process discussed here, the Title IX Coordinator may choose another form of resolution when appropriate. Any process will adhere to relevant standards under Title IX, Title VII, FEHA, or other applicable federal or state law as appropriate. Mediation may be pursued with the consent of both parties, although it is never an option in sexual assault cases. The parties should not contact each other to discuss mediation but instead request it through the Chief Civil Rights Officer. If the mediation results in a resolution, the matter will be closed and no further action will be taken. The Chief Civil Rights Officer will document the successful mediation and the parties will sign a document accepting any terms agreed upon during the mediation.
If the Chief Civil Rights Officer subsequently determines that either party has violated a material term or condition of any Informal Resolution, the matter will be referred to the appropriate Grievance Process or other appropriate disciplinary process (e.g., Reporting Child Abuse and Neglect , Faculty Disciplinary Process, Staff Handbook ).
If the parties are unable to reach an agreed-upon resolution through the Informal Resolution Process, the Chief Civil Rights Officer will proceed with the Formal Resolution Process as described in this handbook.
The Chief Civil Rights Officer will maintain records of all reports and conduct referred for Informal Resolution. Informal Resolution will typically be completed within 30 business days of the initial report. In circumstances when it is not possible to complete the process in this time frame, both parties will be notified in writing regarding the delay and the anticipated time frame for completion.
Introduction and General Provisions
The Civil Rights Grievance Procedures (“Grievance Procedures”) address the College’s commitment to providing an equitable and prompt process to investigate and resolve reports or complaints of Prohibited Conduct defined above. In addition, if the same set of alleged facts for a matter reviewed by these Procedures also implicate any other College policy, that other policy violation will be integrated into and resolved by these Procedures.
The maximum possible sanctions for policy violations pursuant to this Grievance Procedure include:
- Suspension or expulsion for students;
- Dismissal or termination of employment for staff members;
- Dismissal or termination for adequate cause for faculty members; and
- Banning from campus and terminating contracts with third parties.
The College exercises its judgment in designing reasonable sanctions. Not all violations will be deemed equally serious offenses, and the College reserves the right to impose different sanctions depending on the severity of the offense and to take non-disciplinary, administrative actions as appropriate. The following provisions apply to all formal Grievance Procedures.
The Chief Civil Rights Officer will provide each party with a written Notice of Referral for Formal Grievance Resolution, which will include:
- Names of the parties;
- Specific Prohibited Conduct and related policy violations at issue;
- Description of alleged facts and other information supporting the Formal Referral, including the date, time, and location of the alleged conduct as best developed during Intake and Assessment;
- For students and faculty respondents, identifying whether the Type 1 or Type 2 Grievance Process will be followed;
- The maximum possible sanctions that may be imposed if Respondent is found responsible
- A link to the relevant Grievance Process; and
- A reminder of the support and other resources available to both parties, including the ability to have an attorney serve in the role of Support Person.
In order to determine whether a Respondent is responsible for a violation of any of CMC’s Civil Rights Policies, the College applies a preponderance of the evidence decision-making standard. Preponderance of the evidence means that, based on the information presented to the fact-finder, it is “more likely than not” that a question of fact in dispute did or did not occur.
While these Formal Grievance Procedures are not governed by civil or criminal rules of evidence, it should include only information that is relevant, non-repetitive and the sort of information a reasonable person would find reliable. Evidence is relevant if it makes a fact of consequence in the matter more or less likely or if it reflects on the credibility of a participant. Within that framework, the Investigator will adhere to the following:
- The Investigator may not make an adverse inference from a Respondent’s decision not to participate in the Formal Resolution Process and will make a determination of Responsibility or Non-Responsibility based solely upon the information presented.
- Information about the Complainant’s past sexual history with anyone other than the Respondent is not allowed except in the unusual circumstances where such conduct is directly tied to Complainant’s credibility (e.g. where Complainant alleges lack of sexual experience which can be rebutted or such past sexual activity is alleged to be the source of a physical injury).
- Information about the Respondent’s past sexual history with anyone other than the Complainant is not allowed except in the unusual circumstances where such prior conduct could prove or disprove a pattern of conduct or knowledge of wrongdoing.
- Where there is a sexual history between the Complainant and the Respondent and consent is at issue, their prior sexual history may be relevant to assess consent. However, the mere fact of a current or previous dating or sexual relationship, by itself, is not sufficient to constitute consent nor does it preclude a finding of a policy violation.
- Information about the good or bad character of the Complainant or Respondent is generally not relevant except in the unusual circumstance when such information could prove or disprove a relevant pattern of conduct or knowledge of wrongdoing. Information that shows a pattern of similar behavior may be included if the Investigator deems it relevant, regardless of whether the prior behavior was the subject of any disciplinary proceeding.
Alcohol or Substance Use
The use of alcohol or other drugs will never be a defense for or mitigate any behavior that violates College policy.
At any point during a Formal Grievance Process, a Respondent can accept Responsibility for the identified policy violation(s) and proceed directly to Sanctions. In doing so, the Respondent waives any right to appeal the determination of Responsibility.
No Communication Amongst Participants During the Formal Process
To promote an equitable process, the Complainant, Respondent and witnesses should not discuss the matter amongst themselves during the pendency of the Formal Grievance Process.
The Appeal Panel Members may not discuss the matter with any participant during the pendency of the Formal Grievance Process, except as permitted during the Appeal Meeting and deliberations.
Any Support Person who fails to adhere to the requirements set forth herein may be prohibited from further participation in the Grievance Process. The Chief Civil Rights Officer will seek to provide reasonable warnings and opportunities to conform prior to prohibiting an individual from further participation as a Support Person.
Formal Resolution Procedures for Staff or Third Party Respondents
The Chief Civil Rights Officer will appoint a trained internal or external investigator (the “Investigator”) to conduct an equitable and prompt investigation of the complaint.
At the conclusion of the investigation, the Investigator will prepare an Investigation Report, which will contain a summary of issues, key findings of fact, and an analysis of disputed facts based on all available evidence. The Investigation Report will include recommended findings of fact based on a preponderance of the evidence standard, and an assessment of any policy violations based on such findings of fact. Although not required, the Investigation Report may contain such underlying investigation materials as the Investigator determines is reasonably appropriate in view of the nature of the complaint and the investigation. The Investigation Report will be made available to both parties for review, who will then have five business days for them to submit a response to the Chief Civil Rights Officer. Except for good cause shown and accepted at the discretion of the Chief Civil Rights Officer, late responses or responses of more than five (5) pages (including any exhibits or appendices) will not be considered.
The Chief Civil Rights Officer will then review the Report and any responses with the relevant Sanctioning Officer as identified in the Sanctions section of this handbook, based on the Respondent’s status. The Sanctioning Officer will determine whether to accept or reject the Investigator’s Report, will make a final determination of Responsibility, and will impose sanctions upon a finding of Responsibility.
As to third parties, the determination of Responsibility and sanctions are final and are not subject to appeal. Nothing in this Policy or these Grievance Procedures alters an employee’s at will employment status.
For the purposes of these Formal Grievance Procedures, coaches and all other employees with the Department of Athletics, Physical Education, and Recreation, and teachers and all other employees with The Children’s School are considered staff. Students are always treated as students under the Formal Grievance Procedures, even if the conduct giving rise to the alleged policy violation occurred while the student was working for the College.
Formal Resolution Procedures for Student Respondents
Type 1 Formal Procedures
These procedures will be followed in circumstances in which, even if everything the Complainant alleges is true, the resulting sanction would not rise to the level of suspension or expulsion. These procedures are appropriate where probable sanctions could include a warning or conduct probation.
The Chief Civil Rights Officer will appoint a trained internal or external investigator (the “Investigator”) to conduct a reasonable, impartial, and prompt investigation of the complaint.
At the conclusion of the investigation, the Investigator will prepare an Investigation Report, which will contain a summary of issues, key findings of fact, and an analysis of disputed facts based on all available evidence. The Investigation Report will include recommended findings of fact based on a preponderance of the evidence standard, and an assessment of any policy violations based on such recommended findings. Although not required, the Investigation Report may contain such underlying investigation materials as the Investigator determines are reasonably appropriate in view of the nature of the complaint and the investigation. The Investigation Report will be made available to both parties for review, who will then have five business days to submit a response to the Chief Civil Rights Officer. Except for good cause shown and accepted at the discretion of the Chief Civil Rights Officer, late responses or responses of more than five (5) pages (including any exhibits or appendices) will not be considered. The Chief Civil Rights Officer will then review the Investigation Report and any responses with the relevant Sanctioning Officer as identified in this handbook, based on the Respondent’s status. The Sanctioning Officer will determine whether to accept or reject the Investigator’s Report, will make a final determination of Responsibility, and will impose sanctions upon a finding of Responsibility.
Both parties will have five business days to review the report and submit an appeal in accordance with the process described below in the Appeals section of this handbook.
Type 2 Formal Procedures
Types 2 Procedures will be followed in circumstances in which the alleged Prohibited Conduct is severe enough to warrant potential suspension or expulsion. Type 2 Procedures will be utilized in all cases of alleged non-consensual sexual intercourse or other forms of alleged serious Sexual Misconduct.
Appointment of Investigator: The Chief Civil Rights Officer will appoint a trained internal or external investigator or investigative team (the “Investigator”) to conduct a reasonable, impartial, and prompt investigation of the complaint. The Chief Civil Rights Officer’s choice of Investigator will be based on several factors, including the parties involved, the complexity of the complaint, and the need to avoid any potential conflict of interest. Where appropriate, and at the discretion of the Investigator, the Investigator may engage the independent assistance of professional experts, such as case involving an unusual or otherwise complex questions (e.g., academic freedom, mental health or trauma issues).
Preliminary Investigation Phase: The Investigator will establish a Preliminary Investigation Plan. The Investigator will brief the Chief Civil Rights Officer on the preliminary investigation plan in writing or orally. The Investigator will then conduct a Preliminary Investigation based upon the facts and circumstances reported to the College and developed through the course of the investigation, including interviews and follow-up interviews as feasible and appropriate with the Complainant, the Respondent, and any witnesses, and gathering other relevant materials (i.e. text messages, social media posts, pictures) to the extent reasonable and appropriate.
Complainant, Respondent, and any witnesses the parties are expected to respond to the Investigator’s request to schedule an interview or to provide other evidentiary materials within a timely manner, generally within five business days of the Investigator’s request. If a party or witness fails to respond in reasonably timely fashion, the Investigator may continue the investigation without the benefit of this information.
The Investigator will prepare a written summary of each interview and send the same to the witness for a review of accuracy. Unless the witness requests additional time, the witness statement will be deemed accurate if the witness does not provide feedback on the statement within two business days of the Investigator emailing it to the witness.
Information may be developed during the course of the preliminary investigation that indicates additional potential policy violations in addition to those identified in the Notice of Referral for Formal Resolution. In such circumstances, the Investigator shall review such additional potential violations with the Chief Civil Rights Officer, who shall assess whether reasonable cause exists to believe the Respondent engaged in the newly-discovered Prohibited Conduct. If so, the Chief Civil Rights Officer shall send a written Revised Notice of Referral for Formal Resolution to include the relevant information.
When the Investigator determines that the Preliminary Investigation is reasonably complete, the Investigator will prepare a Preliminary Investigation Report, which will include:
- A summary of the incident, alleged Policy violations from the initial notice, the Complainant’s allegations, and the Respondent’s response;
- Identification of any new potential policy violations raised by the information developed through the preliminary investigation and as authorized for incorporation by the Chief Civil Rights Officer;
- A description of undisputed facts;
- A description of material facts in dispute;
- An analysis and assessment of disputed facts based on all available evidence, including witness credibility; and
- An analysis and assessment of whether the facts found by the Investigator establish a policy violation.
The Investigator will notify the parties once the Preliminary Investigation Report is available to review and will provide confidential access (such as a protected, “read-only” posting to a secure web portal) to view the Report. Neither the Complainant nor Respondent (nor anyone on their behalf) may copy, remove, photograph, print, image, videotape, record, or in any manner otherwise duplicate or remove the information provided.
Response to Preliminary Investigation Report: The parties will have five business days to submit a written request outlining any additional investigation steps that they believe are necessary or objections to the information included the Report, including:
- Posing any follow-up issues or questions for any witness, the Complainant or Respondent;
- Requesting a follow-up interview with the Investigator to clarify or provide any additional information that such party believes is relevant to the investigation or to seek clarification from the Investigator on aspects of the Preliminary Investigation Report;
- Identifying any new witnesses who should be interviewed (including a description of what topics/issues the witness should be asked to address and why this is necessary for the investigation);
- Identifying any additional evidentiary materials that should be collected and reviewed to the extent that such items are reasonably available (e.g., text messages, social media postings, etc.), understanding that the Investigator lacks the power to subpoena evidence; and,
- Identifying and objecting to any information that such party believes was inappropriately included in the Preliminary Report.
After considering these requests, the Investigator will develop a Final Investigation Plan that outlines any additional investigatory steps to be taken and briefly explains any denied requests. The Investigator will also address any objections to the information included in the Preliminary Report. To the extent such objections are accepted, the Investigator will redact the Preliminary Investigation Report and investigation materials accordingly. The Investigator will maintain copies of both the complete and redacted investigation materials. To the extent such objections are not accepted, the Investigator will summarize these reasons but also note the party’s objection(s).
The Investigator will brief the Chief Civil Rights Officer on the Final Investigation Plan in writing or orally.
If no one requests any further investigation or otherwise objects to the Preliminary Investigation Report, such Report shall be deemed the Final Investigation Report.
Final Investigation Phase: The Investigator will complete the investigation as outlined in the Final Investigation Plan. After the Investigator determines that the final investigation is reasonably complete, the Investigator will prepare a Final Investigation Report. The Investigator will notify the parties once the Final Investigation Report is available to review and will provide confidential access (such as a protected, “read-only” posting to a secure web portal) to view the Final Investigation Report. The determination made by the Investigator as to whether a Policy violation occurred concludes the investigation and is the final resolution for the formal process.
Neither the Complainant nor Respondent (nor anyone on their behalves) may copy, remove, photograph, print, image, videotape, record, or in any manner otherwise duplicate or remove the information provided.
The parties will have five business days to review the Final Investigation Report. If no appeal is filed, the matter will go straight to Sanctioning (if the Respondent was found Responsible) or the matter will be closed. Either party may appeal an adverse finding as described in the Appeals section of this handbook.
The following provisions apply to all Appeals pursuant to these Grievance Procedures. Appeals are confined to a review of the case records. They are not a de novo hearing. In any request for Appeal, the burden of proof lies with the party requesting the appeal, as the original determinations and any findings of fact are presumed to have been decided reasonably and appropriately.
Complainant and Respondent each may appeal an adverse finding. For a Complainant, an “adverse finding” is a decision by the Chief Civil Rights Officer that no reasonable cause existed to pursue any or all alleged policy violations or an Investigator’s finding that the Respondent was not Responsible for any or all alleged policy violations. For a Respondent, an “adverse finding” is the Investigator’s finding that the Respondent is Responsible for any or all alleged policy violations.
The party who first submits the written appeal shall be the “Appellant,” and the responding party shall be the “Appellee.” The grounds for appeal are limited to the following categories:
- Significant Procedural Error: A procedural error occurred that significantly impacted the relevant decision/determination as it applies to the Appellant (e.g. substantiated bias, material deviation from established procedures, etc.). A description of the error and its impact must be included in the written appeal. If the appeal is based on information that the Appellant believes either should have been included or excluded from the Final Investigation Report, the Appellant must show that, had the information been included or excluded, the decision on Responsibility/No Responsibility would have been different.
- New Information: New information has arisen which was not available, known, or reasonably could have been known to the Appellant prior to the relevant decision or determination, or information that was improperly excluded from the Investigation despite a request from the Appellant to include it, which could have substantially impacted the decision or determination. Information that was known to the Appellant but which they chose not to present is not new information. A summary of this new or excluded evidence and its potential impact on the decision or determination must be specified.
- Abuse of Discretion: This ground for appeal is only available in cases in which the Chief Civil Rights Officer determined during Intake and Assessment that no reasonable cause existed to believe a Respondent engaged in Prohibited Conduct. It is not a ground for an appeal after a finding of Responsibility or No Responsibility for a report of Prohibited Conduct. An abuse of discretion is established if the Chief Civil Rights Officer failed to exercise sound, reasonable decision-making skills during Intake and Assessment to evaluate whether the report implicated Prohibited Conduct.
An Appeal is not allowed simply to express dissatisfaction with the findings. If an Appeal does not specify one of the two permissible grounds for Appeal, it will be rejected by the Chief Civil Rights Officer.
The Complainant has five business days from receiving either the written notice of the Chief Civil Right Officer’s decision not to proceed with the Grievance Process or the written notice of the Final Investigation Report to submit a written Appeal to the Chief Civil Rights Officer.
The Respondent has five business days from receiving the written notice of the Final Investigation Report to submit a written Appeal to the Chief Civil Rights Officer.
The Chief Civil Rights Officer will share the request for Appeal with the Appellee, who shall have five business days to submit a response statement. The Appeal and Appeal Response are limited to no more than ten pages (including any attachments or exhibits that are not part of the Final Investigation Report). Except for good cause shown and accepted at the discretion of the Chief Civil Rights Officer, late responses or responses of more than 10 pages will not be considered.
The Appeal Record consists of the Final Investigation Report (with attachments), the Appeal, the Appeal Response, and, when called into question by an Appeal, the Investigator’s Final Investigation Plan.
During the pendency of the appeal, Respondent’s relationship with the College will maintain the status quo (e.g. if Respondent was on Interim Suspension or Leave pending the Process, the Interim Suspension or Leave remains in place).
Appeal Procedures for Student Respondents
If after receiving the Appeal and Appeal Response, the Chief Civil Rights Officer determines that a curable issue was raised in the Appeal or Appeal Response, the matter can be remanded back to the Investigator to cure the error and re-issue a Final Investigation Report. The Chief Civil Rights Officer will contact the parties within five business days of the Final Investigation Report being re-issued to determine whether either party wants to continue with an Appeal. If so, the parties can supplement their Appeal/Appeal Response consistent with the page limitations described above.
Appointing the Appeal Panelists
The Chief Civil Rights Officer will appoint three trained Appeal Panelists, from which a Chair will be designated. Before appointing the Panelists, the Chief Civil Rights Officer will confirm that none of them have a conflict of interest in serving as a Panelist. The Chief Civil Rights Officer will promptly notify the parties of the Panelist’s identities. If a party objects to a Panelist’s involvement based upon a conflict of interest, the party must provide written notice explaining the conflict to the Chief Civil Rights Officer within two business days. The Chief Civil Rights Officer will promptly make a determination regarding the alleged conflict and provide notice to the party. If the Chief Civil Rights Officer finds a possible or actual conflict of interest, a new Panelist will be designated.
Once the Panelists are appointed, the Chief Civil Rights Officer will provide them confidential access (such as a protected, “read-only” posting to a secure web portal) to view the Appeal Record. Panelists may not copy, remove, photograph, print, image, videotape, record, or in any manner otherwise duplicate or remove the information provided.
Scheduling the Appeal Meeting
No sooner than 10 business days and no later than one week after the Panelists received access to the Appeal Record, the Chief Civil Rights Officer will schedule an Appeal Meeting and will provide written notice to the parties, Investigator, and the Panelists of the date, time and location of the Meeting. Any party needing an accommodation to participate via Skype can arrange this with the Chief Civil Rights Officer.
Conducting the Appeal Meeting
The Chair will oversee the Appeal Meeting, which will follow this format:
- Appellant’s oral presentation followed by Appellee’s oral presentation (both confined to supporting the assertions in the Appeal/Appeal Response and not simply to express dissatisfaction with the outcome, and both not to exceed 10 minutes);
- Panelists may ask Investigator questions raised by the Appeal/Appeal Response;
- Investigator, Appellant and Appellee are excused; and
- Panelists deliberate in confidence.
The Chief Civil Rights Officer will be present during deliberations but will not participate in the deliberations or have a vote.
Each Panelist has an equal vote, and an Appeal may only be granted if two of three Panelists agree. The Chair will complete a form provided by the Chief Civil Rights Officer that records the decision on each allegation raised on Appeal. The Chair will provide this form to the Chief Civil Rights Officer within five business days of the Appeal Meeting, who will distribute it to the Appellant and Appellee within two business days.
If the Panelists determine that reasonable cause existed to believe a Respondent engaged in Prohibited Conduct and the Chief Civil Rights Officer declined to initiate the Formal Grievance Process for that violation (either in total or in part), the Chair will send the case back to the Chief Civil Rights Officer with instructions to initiate the Formal Grievance Process for the allegation(s).
If the Panelists determine that a Procedural Error significantly impacted the decision or determination, the Chair will return the case to the Chief Civil Rights Officer with instructions to correct the error. In rare cases when the procedural error cannot be corrected (as in cases of bias), the Chair will order a further process that removes the earlier source of error.
If the Panelists determine that New Information (or previously excluded information) should have been considered, the Chair will send the case back to the Chief Civil Rights Officer, who in turn will direct the Investigator to draft a new Final Investigation Report in light of the new or previously-excluded information only.
If an Appeal is granted and the case returned to the Chief Civil Rights Officer for further work, once the Revised Final Investigation Report is completed, either party may appeal an adverse finding as described in this Section. However, the appeal will be confined to the new information which was developed in the Revised Final Investigation Report and is not an opportunity for either party to re-address issues previously raised in the first round of Appeals. A decision on this second-round Appeal is final.
After all Appeals are exhausted, the case will be forwarded to the appropriate Sanctioning Officer (if there was a finding of Responsibility), or closed.
If a Respondent is found responsible for violating a policy adjudicated under this Process, the Chief Civil Rights officer will notify the parties in writing that the matter is being referred for Sanctioning as follows:
- For staff and third party Respondents: the Director of Human Resources (or designee) determines sanctions.
- For student Respondents: the Vice President for Student Affairs (or designee) determines sanctions.
If the Title IX Coordinator determines that the designated Sanctioning Officer has a conflict with a particular case, the Title IX Coordinator will appoint an appropriate, non-conflicted Sanctioning Officer.
Any one or more of the sanctions listed below may be imposed on a Respondent found responsible for a violation under this Grievance Process. Sanctions not listed here may be imposed in consultation with and approval by the Title IX Coordinator. Sanctions are assessed in response to the specific violation(s) and any prior discipline and academic dishonesty history of the Respondent. Some of the sanctions listed are applicable only to students, as indicated.
The College exercises its judgment in designing reasonable sanctions. Not all violations will be deemed equally serious offenses, and the College reserves the right to impose different sanctions depending on the severity of the offense and to take non-disciplinary, administrative actions as appropriate.
Sanctioning Procedures for Staff and Third Party Respondents
The Complainant and the Respondent may submit a Consideration of Sanctions statement to the Chief Civil Rights Officer within five business days of receiving the Investigation Report. The Consideration of Sanctions statement should outline the sanctions the party believes should be considered by the Sanctioning Officer as well as an explanation of why the requested sanctions are reasonable and appropriate.
After the time period for submitting any Consideration of Sanctions statements has expired, the Sanctioning Officer will determine or recommend sanctions. The Sanctioning Officer will receive the case record, Consideration of Sanctions statements, and Respondent’s prior conduct history (including any prior employment discipline history).
The Sanctioning Officer shall notify the Chief Civil Rights Officer of the sanctioning decision within five business days of receiving the case. The Chief Civil Rights Officer will notify the parties of the sanctioning decision within two business days of receiving it from the Sanctioning Officer.
Sanctioning Procedures for Student Respondents
The Complainant and the Respondent may submit a Consideration of Sanctions statement to the Chief Civil Rights Officer within ten business days of the Appeal Decision or Investigation Report (if no Appeal is filed). The Consideration of Sanctions statement should outline the sanctions the party believes should be considered by the Sanctioning Officer as well as an explanation of why the requested sanctions are reasonable and appropriate.
After the time period for submitting any Consideration of Sanctions statements has expired, the Sanctioning Officer will determine or recommend sanctions. The Sanctioning Officer will receive the case record, Consideration of Sanctions statements, and Respondent’s prior conduct history (including any student conduct or academic dishonesty violations).
The Sanctioning Officer shall notify the Chief Civil Rights Officer of the sanctioning decision within five business days of receiving the case. The Chief Civil Rights Officer will notify the parties of the sanctioning decision within two business days of receiving it from the Sanctioning Officer.
Possible Sanctions for All Respondents
Possible sanctions include, but are not limited to:
- Warning: Written notice that the Respondent’s behavior was in violation of the College’s Civil Rights and/or other College policy and that future violations will result in more severe sanctions.
- Restitution: Reimbursement by the Respondent(s) to the College, another Claremont College, the Claremont University Consortium, the Complainant(s), or a member of The Claremont Colleges community to cover the cost of property damage or other loss.
- Fine: A monetary penalty assessed as appropriate to the violation.
- Service Hours (students only): A set number of work hours the Respondent must complete. The Chief Civil Rights Officer will determine the nature of the work to be performed. Generally, service hours are conducted on campus.
- Educational Program/Project: Programs and activities designed to help the Respondent become more aware of College policies and help the Respondent understand the inappropriateness of their behavior, including, but not limited to, participation in an educational program or completion of an online program.
- Referral for Assessment: A referral for an assessment with an appropriately-trained therapist who will recommend a process for treatment. Reinstatement is conditioned upon receiving proof of completion of the recommended treatment.
- Loss of Privileges (students only): Denial of specific privilege(s) for a defined period of time. Privileges include, but are not limited to, participation in extra-curricular activities and events such as social events, intercollegiate athletics, intramural programs, student organizations, and student government, as well as the privilege of living on campus, living in a specific residence hall, participation in commencement ceremonies, or having a vehicle on campus.
- Restricted Access: Conditions which specifically dictate and limit the Respondent’s presence on campus and/or participation in College-sponsored activities. The restrictions will be clearly defined and may include, but are not limited to, presence in certain buildings or locations on campus or a no contact order. In cases involving parties from different Claremont Colleges, restricted access may extend to exclusion from another college campus.
- Removal of Offending Cause: Requirement to remove the item which was the subject of the complaint.
- Relocation or Removal from Residence Halls (students only): Requirement that the Respondent relocate to another residence hall, or off-campus, by a specified date.
- Conduct Probation (students only): Formal, written notice that the Respondent’s behavior is in violation of College policies and an expectation that the Respondent exhibit good behavior for a defined period of time. Any violation during the probationary period will result in increased sanctioning and may result in suspension or expulsion from the College. Notice of Conduct Probation is sent to the Respondent’s academic advisor as well as to the Respondent’s parent(s)/guardian if the Respondent is a minor.
- Employment Probation: Formal, written notice that the employee’s conduct is in violation of College policies and an expectation that the employee exhibit good behavior for a defined period of time. Any further violations during the probationary period will result in increased sanctioning and may result in employment suspension without pay or termination of employment.
- Suspension (students only): Separation from the College for a defined period of time. During the suspension period the Respondent is not permitted on campus, is not permitted to participate in any College-sponsored or affiliated program or activity, and is not permitted to earn any credits towards the Respondent’s degree. The terms of the suspension may include the designation of special conditions affecting eligibility for re-enrollment or special conditions to be in effect upon re-enrollment, including a term of Conduct Probation.
- Suspension without Pay (staff and faculty): Separation of employment for a defined period of time without pay for the time of separation.
- Employment Termination: Permanent separation of the employee from the College if the respondent is staff or faculty and permanent separation of the employee from their student position if the respondent is a student.
- Expulsion (students only): Permanent separation from the College. A Respondent who has been expelled is not permitted on campus and is not permitted to participate in any College-sponsored or affiliated program or activity
Sanctioning Guidelines for Sexual Assault Cases
Although it is not possible to outline specific sanctions to be imposed in all cases adjudicated under the Sexual Misconduct Policy, the following guidelines have been established to provide notice to the community and provide context for the Sanctioning Officer in determining appropriate sanctions:
- For staff or third party Respondents: Normally termination for cause or lifetime ban from campus.
- For student Respondents: Normally expulsion or a minimum 1-year suspension.
Miscellaneous and Special Provisions
The College maintains Grievance Procedure records for seven years. For a student Respondent, the records will be maintained for seven years past the student’s graduation (or if the student leaves the College before graduation, for seven years after departure). For a faculty or staff Respondent, the records will be maintained for seven years past the conclusion of the Grievance Process or seven years past the end of employment, whichever is later.
Modification of Grievance Procedures
For good cause, and when not in substantial conflict with the Grievance Process, the Title IX Coordinator retains the authority to adapt or modify the investigation and disciplinary process as part of the Title IX Coordinator’s responsibility to ensure an equitable and prompt process for all parties. For example, certain modifications may be necessary to allow for the fair and prompt resolution of a complaint when it is received at the end of a term or during a break in the College’s academic schedule.
Termination of Grievance Process Upon Satisfactory Resolution
The College reserves the right to terminate the Formal Resolution Process when it is able to reach a settlement with Respondent that satisfies the College’s obligations under Title IX, Title VI, Title VII, and other relevant discrimination laws to end the alleged conduct, prevent its recurrence, and remedy its effects on Complainant and the College community.
The College, at the discretion of the General Counsel, may conduct an additional, investigation independent of the circumstances involved in the Grievance Process at any time.
Notations in Academic Records
The College will note “Ineligible to Register” on a student’s official CMC transcript if a student is suspended or expelled from the College under this Process. In cases of suspension, the notation will remain on the official transcript during the period of suspension only. If a student is expelled, the notation will remain on the official transcript permanently. In addition, the Dean of Students will truthfully respond, consistent with FERPA, to another institution’s verification of status request sent as a result of a student’s attempt to enroll at another institution.
Continuation of Process if Respondent Withdraws
If a student withdraws while this process is pending, the presumption is that the College will complete the process (or any portion of the process) despite the student’s withdrawal. If the College elects to defer the process while the student is no longer enrolled, the student will be ineligible to register at the College until the process is completed. In such cases, the College will record “Ineligible to Register” on a student’s official transcript.
Appendix A: Care and Support Resources
Crisis and Other Counseling Resources
There are many care and support resources available to individuals in the local community that provide strict confidentiality, which generally means that information shared with these individuals or organizations will not be reported to law enforcement or the College without an individual’s consent unless there is an imminent risk of harm to self or others.
All individuals are encouraged to use the resources that are best suited to their needs, whether on- or off-campus.
General Community Resources
Sexual Assault and Sexual Misconduct
Project Sister Sexual Assault 24/7 Crisis Hotline (Claremont, CA):
(909) 626-HELP (909-626-4357)
RAINN National Sexual Assault Crisis Hotline:
(800) 656-HOPE (800-656-4673)
Intimate Partner Violence
House of Ruth
877-988-5559 (toll-free hotline)
909-623-4364 (Pomona Outreach Office)
National Domestic Violence Hotline
Love Is Respect - National Dating Abuse Hotline
Los Angeles County Child Protective Services Hotline
800-540-4000 (within California)
213-639-4500 (outside of California)
Childhelp National Child Abuse Hotline
Licensed Counselors & Chaplains at The Claremont Colleges
The following on-campus counseling and clergy resources provide strict confidentiality protections and are available to provide care and support. With the exception of the EAP resources, these counselors and chaplains can also provide information about pursuing a formal complaint with the College or law enforcement.
Monsour Counseling and Psychological Services (for students without charge)
Tranquada Student Services Center
757 College Way
Claremont, CA 91711
909-607-2000 (after-hours emergency)
McAlister Center Chaplains (for students without charge)
McAlister Center for Religious Activities
919 North Columbia Avenue
Claremont, CA 91711
Empower Center (for students without charge)
1030 N. Dartmouth Ave.
Claremont, CA 91711
Employee Assistance Program (EAP)
Confidential advice and counseling is available to faculty and staff at no cost through the EAP. Employees and their legal spouses, domestic partners, and eligible dependents receive up to five (5) counseling sessions with a licensed/certified therapist by phone or in-person, per family member, per issue, each calendar year. Access to the EAP is available 24/7 year round.
Access Code: claremontcolleges
Assistance from the College - Interim Measures and Accommodations
The College employees or offices listed below can provide or assist with a broad range of information, care, and support needs, including: assisting with access to medical assistance or reporting to law enforcement, accessing crisis counseling or other counseling resources, assisting with or coordinating Interim Measures and other Accommodations, and providing information about the Grievance Process.
Chief Civil Rights Officer
Athenaeum - 385 E. 8th Street
Claremont, CA 91711
On-Call Dean of Students
An On-Call Dean of Students is available for assistance outside of normal business hours by contacting Campus Safety at 909-607-2000.
Department of Campus Safety
Pendleton Building - 150 E. 8th Street
Claremont, CA 91711
Disability Support Services
The College’s resources and services for students, faculty, and staff with disabilities can be found in our policy for Disability Support Services. If you have a complaint or concern about the accommodations you have received, please contact the Chief Civil Rights Officer.
Disability Support Services for Students
Office of the Dean of Students
Claremont, CA 91711
Disability Support Services for Faculty and Staff
Department of Human Resources
Claremont, CA 91711
Medical Assistance (including Evidence Collection and Confidentiality)
Individuals are encouraged to seek medical attention immediately following an incident of sexual misconduct to assess and treat any injuries, screen for pregnancy and sexually transmitted infections, and to properly collect and preserve evidence, if the patient consents to do so.
Where possible, an individual who has experienced sexual assault and is in need of medical assistance should first contact the police or local law enforcement where the incident occurred in order to get instructions as to where to go for care and evidence collection.
If the incident occurs in Claremont, the Claremont Police Department is the local law enforcement and Pomona Valley Hospital is the designated Sexual Assault Response Team (SART) for this geographic area. Filing a police report is not required in order to complete the SART exam (“rape kit”).
Claremont Police Department
Emergencies: Dial 9-1-1
570 W. Bonita Avenue
Claremont, CA 91711
Lobby Hours: 7:00 am - 10:00 pm, 7-days a week
Pomona Valley Hospital Medical Center
1798 North Garey Avenue
Pomona, CA 91767
909-865-9600 Emergency Room
If an individual experiences sexual assault outside of Claremont, the individual should call the police in the city where the incident occurred for instructions on where to go for care and evidence collection. This is because the SART program is geographically organized based on the location of the incident.
If an individual has immediate emergency needs, or is unable to contact the local police, the individual should go to nearest the emergency room and ask that the SART protocol be initiated. You do not need to speak to anyone about the assault until the police and a support person have arrived. The emergency room will treat your immediate medical needs while the SART is being dispatched.
Physical evidence of a sexual assault must be collected from the Complainant’s person within 96 hours of the incident, although it may be possible to obtain evidence from towels, sheets, clothes, etc. for much longer periods of time. Individuals who believe they have been sexually assaulted should go to the appropriate SART location based on the location of incident (as described above) before washing their body or changing clothing. A Sexual Assault Nurse Examiner (SANE), a nurse who is specially trained to collect evidence in cases of alleged sexual assault, will be called by the hospital to properly collect and preserve any evidence as well as document any injuries. It is best not to change clothes. However, if clothes have been changed, the clothes worn at the time of the incident should be brought to the SART location in a clean, sanitary container such as a paper grocery bag or wrapped in a clean sheet (plastic containers do not breathe and may render evidence useless). Bring a change of clothing to the hospital, too, as the clothes worn at the time of the incident will likely be kept as evidence.
Collecting evidence does not obligate an individual to any particular course of action but can assist the authorities should the individual decide to pursue criminal changes immediately or in the future. The College will assist any College community member in seeking medical assistance or reporting an incident to the police. Taxi vouchers are available at Campus Safety and the Dean of Students Office that provide free transportation to local medical centers.
Medical Assistance Confidentiality
The disclosure of private information contained in medical records is protected by the Health Insurance Portability and Accountability Act (HIPAA). In the context of sexual violence, however, medical providers in California, including on-campus medical providers, are required to notify law enforcement if a patient tells medical personnel that they have experienced sexual violence. The patient has the right to request that a survivor advocate be present with them when they speak with the police and to request that criminal charges not be pursued. Neither on- nor off-campus medical providers will notify the College of such a report.
Student Health Services at The Claremont Colleges
Student Health Services can provide after-incident and follow-up medical care; however, it is not an authorized SART location, and it is not equipped to collect forensic evidence. As with off-campus medical personnel, Student Health Services staff members are required by state law to notify law enforcement if a patient tells them that they have experienced a sexual assault.
Student Health Services
Tranquada Student Services Center, 1st floor
757 College Way
Claremont, CA 91711
909-607-2000 (after-hours emergency)
Appendix B: Understanding Confidentiality and Privacy
While the words “confidentiality” and “privacy” are often used interchangeably in our daily lives, they mean different things under the law and these Policies.
In particular, privacy generally refers to an individual’s freedom from intrusion into one’s personal matters and personal information. In contrast, in a legal setting, confidentiality most commonly refers to situations in which an individual may disclose personal information with a legally-protected third party, such as an attorney, physician, therapist, or chaplain, with the understanding that such third party may not reveal such information to anyone else without the individual’s express permission (unless there is an imminent threat of harm to the individual or others). This is legally-protected confidentiality.
In addition to legally-protected confidentiality, there is also the concept of confidentiality based on policy or procedure. Confidentiality based on policy or procedure (“organizational confidentiality”) generally refers to organizational settings in which an individual provides “private” information to an organization with the understanding that:
- Such information may be shared within the organization among those who have a reasonable “need to know;
- That those within the organization who receive such information are trained in the expectation of privacy of such information; and,
- That the organization will not disclose the information to third parties without: (i) the express consent of the individual; or, (ii) in response to legally-binding request to disclose, such as a lawfully issued subpoena of in order to assist in the active review, investigation or resolution of the report. This could include a subpoena by a criminal or civil court for the records of the College’s Grievance proceedings.
Individuals and Resources that Provide Legally-Protected Confidentiality
The College wants to ensure that all members of the community are aware of the following resources that provide legally-protected confidentiality. The following individuals and resources may not reveal private information provided to them by an individual to anyone else without the individual’s express permission (unless there is an imminent threat of harm to the individual or others or the report involves abuse to a minor).
- Crisis counselors and hotlines;
- Licensed mental health counselors;
- Chaplains and other ordained clergy;
- Attorneys; and
- Physicians (subject to sexual violence exception discussed below)
It is important to emphasize that these legally-protected confidentiality provisions apply whether or not the individual is a representative or employee of the College. Thus, licensed counselors at Monsour Counseling Center or Chaplains at the McAllister Center provide the same level of confidentiality as do licensed counselors and clergy unaffiliated with The Claremont Colleges.
As a result, anyone who speaks to any of these resources should understand that these communications do NOT represent a report to the College because these resources will not tell the College what you reported without your permission. This also means that the College will be unable to conduct an investigation into the particular incident, pursue disciplinary action against the Respondent, or offer accommodations or apply interim measures.
Please also note, however, that a Complainant who first approaches a licensed counselor or chaplain within the College may later decide to request that the College activate the Grievance Process or report the incident to law enforcement, and thus have the incident fully investigated. These counselors and chaplains can provide assistance with these steps.
- Exception for Sexual Violence: A report of sexual violence to a California medical provider, including on-campus medical providers, triggers a requirement to notify law enforcement of the disclosure.
Confidentiality and Reports to the College
The College is a distinct legal entity recognized under the law. However, because the College as an entity can only engage in activities through individuals who work for or on behalf of the College, the College’s responsibilities for responding to allegations of discrimination, harassment or sexual misconduct are only triggered if the allegation is made to an appropriate College official.
Consistent with relevant civil rights laws, these Policies addresses the question of distinguishing between employees or other agents who are required to respond to complaints or other reports of discrimination and harassment from those who are not.
Appendix C: Prevention, Education and Training
Claremont McKenna College takes education and prevention about issues of discrimination and harassment, including sexual violence and other sexual misconduct, seriously and has programs designed to education the College community about these important issues. With respect to the specific area of sexual misconduct, all students participate annually in a web-based program about sexual assault that f addresses issues of consent, alcohol, and sexual violence as well as bystander intervention. In addition, each fall all new students engage in in-person programs during new student orientation designed to provide them information about the College’s policies and behavioral expectations, consent, and alcohol. The College also provides bystander intervention training to key student leaders (including, but not limited to, resident assistants, orientation sponsors, and student government leaders) each year as well as providing all students the opportunity to participate in open sessions throughout the school year. Additional educational and prevention programs are offered periodically during the year, including speakers and talks sponsored by College departments as well as student groups. More information can be found on the College’s Title IX page, and the Claremont Colleges’ Sexual Assault Resource page.
The College’s Chief Civil Rights Officer is responsible for ongoing development and administration of the College’s various training programs related to these Policies. These trainings include, but are not limited to: annual training for Responsible Employees to remind them of their role and responsibility as a Responsible Employee, reviewing the College’s policies and procedures for responding to reports of sexual violence, and reviewing the care and support resources as well as reporting options available to students. College officials involved in administering the College’s Grievance Process also participate in ongoing training programs as appropriate to the individual’s respective role.
Appendix D: Relationship to Other Statutes: The Clery Act, FERPA and California’s Child Abuse and Neglect Reporting Act
The College complies with all applicable laws and regulations related to protecting the privacy of our community members (e.g., the Family Educational Rights and Privacy Act of 1974 (“FERPA”)), and those laws and regulations related to the safety of our community (e.g., the Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act (“Clery Act”) and California’s Mandatory Reporting laws).
The Clery Act
The Clery Act is a federal law requiring institutions of higher education to collect and report statistics on certain crimes in an “Annual Security Report.” Certain College officials have a duty to provide Campus Safety with information regarding crimes when they are reported to them. All personally identifiable information is kept confidential, but statistical information regarding Clery-reportable crimes must be shared, including the date and location of the incident (but not the specific address) and information about the reported crime, to allow for proper classification. This report provides the community with information about the extent and nature of campus crime, in order to ensure greater community safety.
College officials who are required to inform Campus Safety of crimes reported to them include: Campus Safety officers, local police, full and part-time athletic coaches, the Director of Athletics, Dean of Students non-administrative support staff, Resident Assistants, residence life staff, student activities staff, Human Resources staff, advisors to student organizations, and any other official with significant responsibility for student and campus activities. A copy of the College’s Annual Security Report can be found on the College’s website .
The outcome of any Grievance Process conducted related to this Policy is part of the educational record of the Respondent, if the Respondent is a student; or the employee record, if the Respondent is a faculty or staff member.
Generally speaking, the educational records of students are protected from release under a federal law, FERPA (20 U.S.C. § 1232g; 34 CFR Part 99). The College complies with FERPA regulations regarding the privacy of student records and observes the following exceptions to FERPA as mandated by the Clery Act:
- The Complainant(s) in an investigation and disciplinary process related to sexual assault pursuant to the Policy have the right to be informed of the findings and sanction(s) of the investigation and disciplinary process, in writing, without condition or limitation.
- The Complainant(s) in sexual exploitation, sexual harassment, stalking, relationship violence, and any other gender-based offense have the right to be informed of the finding, in writing, and to be informed of any sanction(s) that directly relate to them, and to essential facts supporting the outcome when the outcome is “responsible” (and the underlying offense is a crime of violence as defined below and in 34 C.F.R. 99.39) or it is equitable to share the essential findings with all parties.
- The Clery Act permits the College to publicly release the name, the nature of the violation, and the sanction(s) for any student who is found in violation of a College policy that is a “crime of violence,” including: arson, burglary, robbery, criminal homicide, sex offenses, assault, intimidation (which may encompass stalking or bullying), hazing, destruction/damage/vandalism of property, and kidnapping/abduction.
FERPA allows for the release of student records beyond the Clery exceptions listed above. Some other circumstances that provide for the release of student records are listed below. For a full understanding of student rights and FERPA, please see the College’s FERPA policy, which is maintained on the Registrar’s website .
- Student education records, including student conduct records, can be subpoenaed by a court of law.
- Information from a student’s education record may be released to a third party with the student’s permission. Third parties that may request information from a student’s education record include graduate schools, potential employers, parents, etc. Generally, the student will have signed a release permitting the College to release information.
California’s Child Abuse and Neglect Reporting Act
Certain members of the CMC community are designated by California law as “mandated reporters” with legal obligations to report known or suspected abuse or neglect of children (those under age 18). For detailed information about the legal requirements, see the Child Abuse and Neglect Reporting Act (Penal Code Sections 11164-11174.3, or “the Act”). The Act encourages others not otherwise obligated by law to voluntary report known or suspected abuse of children (Penal Code 11166(g)). More information is also available by reading the Policy on Reporting Child Abuse and Neglect .