2019-2020 Policy Library 
    
    Dec 14, 2019  
2019-2020 Policy Library

Civil Rights Policy: V. Appendices



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):
(800) 656-4673
(909) 626-HELP (909-626-4357)
http://projectsister.org

RAINN National Sexual Assault Crisis Hotline:
(800) 656-HOPE (800-656-4673)
http://www.rainn.org/get-help/national-sexual-assault-hotline

Intimate Partner Violence

House of Ruth
877-988-5559 (toll-free hotline)
909-623-4364 (Pomona Outreach Office)
http://houseofruthinc.org/home

National Domestic Violence Hotline
800-799-SAFE (7233)
800-787-3224 (TTY)
http://www.thehotline.org

Love Is Respect - National Dating Abuse Hotline
866-331-9474
http://www.loveisrespect.org/

Child Abuse

Los Angeles County Child Protective Services Hotline
800-540-4000 (within California)
213-639-4500 (outside of California)
800-272-6699 (TDD)
Childhelp National Child Abuse Hotline
800-4-A-Child (800-422-4453)
http://www.childhelp.org/pages/hotline-home

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
1st floor
757 College Way
Claremont, CA 91711
909-621-8202
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
909-621-8685

Empower Center (for students without charge)
1030 N. Dartmouth Ave.
Claremont, CA 91711
909-623-1619

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.
800-234-5465
www.liveandworkwell.com
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
Nyree Gray
Heggeblade, Second Floor
400 E. Ninth St.
Claremont, CA 91711
909-607-0347
ngray@cmc.edu

Title IX Coordinator
Lynzie De Veres
Athenaeum, Second Floor
385 East Eighth St.
Claremont, CA 91711
909-607-8131
ldeveres@cmc.edu

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
909-607-2000 (emergency)
909-621-8170

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
909-399-5411 (non-emergencies)

Pomona Valley Hospital Medical Center
1798 North Garey Avenue
Pomona, CA 91767
909-865-9500 Phone
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.

Evidence Collection

Physical evidence of a sexual assault must be collected from the Claimant’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
909-621-8222
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 Claimant 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.

FERPA

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 Claimant(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 Claimant(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.