|
Category: Governance / Legal
Approved by: President’s Executive Cabinet
Date Approved: January 22, 2018 / Amended: March 24, 2025
Related Policies: Retention of College Records
Responsible Official: CMC Executive Director of Public Safety and Emergency Management
Policy Statement
The College is committed to the safety of the students, faculty, staff, and visitors who are on campus daily. The College therefore relies upon and cooperates with first responders and law enforcement (“Law Enforcement Personnel”) who are called to campus to respond to emergencies by the College or members of the broader community (“CMC Community Members”).
Law Enforcement Personnel may also come to campus for their own investigatory or enforcement reasons. The College is subject to numerous municipal, state, and federal laws that regulate and inform its approach to law enforcement’s investigatory actions on campus. When considering its response, the College has a dual commitment to comply with settled legal obligations and to protect the rights of CMC Community Members who may be subject to the investigatory or enforcement actions of Law Enforcement Personnel.
Meeting both commitments requires strong policy and judgment. This Policy is designed to prevent the imposition of those judgments on individual Community Members who may not have adequate legal training or expertise to make those decisions. Accordingly, this Policy describes the rights and responsibilities of CMC Community Members when interacting with Law Enforcement Personnel on campus.
CMC’s Executive Director of Public Safety and Emergency Management (“Ex. Dir. Public Safety”) acts as the President’s designee for purposes of this Policy and will work closely with CMC’s General Counsel when responding to Law Enforcement Officials.
Nothing in this Policy prohibits a CMC Community Member from (i) responding to demands by Law Enforcement Personnel who are on campus in response to an emergency situation (described more below); (ii) complying with lawful requests related to the SEVIS program (Student and Exchange Visitor Information System); or (iii) complying with lawful requests related to verification of work eligibility. Additionally, nothing in this Policy is intended to circumvent any Memorandum of Understanding with the Claremont Police Department.
The College is required by state law to promulgate this Policy. Specifically, through the promulgation, implementation, and enforcement of this Policy, the College complies with California Education Code Section 66093 and 66093.3. Moreover, the California Attorney General’s December 2024 Model Policy provides important protections for undocumented students that are required by state law to be integrated into this Policy. Specifically, California law emphasizes that educational opportunity is critical to the personal and social development and success of every student, regardless of immigration status.
Entities Covered
All units of the College.
Contacts
Questions about this Policy may be addressed to CMC’s Executive Director of Public Safety at (909) 621-8816.
Definitions
CMC Community Member: any faculty, staff, or student who works at or is enrolled at Claremont McKenna College.
Law Enforcement Personnel: any local, state or federal law enforcement officer, including an Immigration Enforcement Official who seeks to enforce immigration laws.
Personal Information: any information that identifies or describes an individual, including but not limited to physical description, home/work address, telephone number, education, financial matters, medical/employment history; and statements made or attributable to that individual.
Undocumented: a non-US citizen present in the United States who does not have valid paperwork confirming the person’s current, legal ability to reside in the United States.
If Law Enforcement Personnel Respond to Campus in an Emergency Situation
CMC Community Members who encounter Law Enforcement Personnel who indicate they are on campus responding to an emergency situation should not interfere with or obstruct them. If Law Enforcement Personnel orders CMC Community Members to do something within their capacity (e.g. move out of the way, provide directions), CMC Community Members should immediately comply. CMC Community Members risk arrest by failing to comply with lawful orders, and delaying or resisting lawful orders may also inadvertently put CMC Community Members at risk.
If Law Enforcement Personnel orders a CMC Community Member to provide access to any part of the campus, CMC Community Members should immediately comply. After providing access, the CMC Community Member should immediately call TCCS Campus Safety Dispatch at (909) 607-2000 and advise that Law Enforcement Personnel is on CMC’s campus and that a CMC Public Safety Officer should be dispatched to the location. A CMC Community Member who does not have the ability to provide access should inform Law Enforcement Personnel of that and either call Campus Safety Dispatch at (909) 607-2000 to relay their request or advise Law Enforcement Personnel to do so.
If Law Enforcement Personnel Request Access to Campus or Information Regarding CMC Community Members in a Non-Emergency Situation
If a CMC Community Member becomes aware that Law Enforcement Personnel have entered or will enter campus for purposes of any non-emergency investigatory or enforcement activity or seeks Personal Information or documents related to a CMC Community Member, the CMC Community Member must do the following:
- Explain that TCCS Campus Safety Department handles all interactions with Law Enforcement Personnel and that you will arrange for an escort to Campus Safety.
- Call TCCS Campus Safety Dispatch at (909) 607-2000 and advise that Law Enforcement Personnel is on CMC’s campus, provide the exact location, and request an officer to escort them to Campus Safety.
- Refrain from voluntarily providing access to residence halls, classrooms, offices, labs, spaces that require a key card to access, and any spaces in which confidential/sensitive personnel or student information is housed.
The CMC Community Member must not:
- Physically interfere with, prevent, or refuse orders from Law Enforcement Personnel, even if they have not declared an emergency, are not following your directions, or even if it appears they are acting without consent or in excess of their authority. A CMC Community Member risks arrest by doing so. If Law Enforcement Personnel orders a CMC Community Member to provide access to any part of the campus, the Community Member should ask to see their credentials (if it feels safe to do so) before responding. After providing access, the CMC Community Member should immediately call TCCS Campus Safety Dispatch at (909) 607-2000 and advise that Law Enforcement Personnel is on CMC’s campus and that a CMC Public Safety Officer should be dispatched to the location. A CMC Community Member who does not have the ability to provide access should inform Law Enforcement Personnel of that and either call Campus Safety Dispatch at (909) 607-2000 to relay their request or advise Law Enforcement Personnel to do so.
- Attempt to determine the validity of legal documents such as a warrant or subpoena. TCCS Campus Safety, CMC’s Ex. Dir. Public Safety, or CMC’s General Counsel will determine the sufficiency of the legal documents as well as decide whether the documentation requires immediate compliance.
- Take any action to intentionally conceal or harbor a CMC Community Member who may be the subject of law enforcement investigation.
- Discuss the incident with anyone other than CMC officials who have a legitimate need to know in order to perform their job responsibilities.
If a College official receives a phone call from someone claiming to be Law Enforcement Personnel who requests information, the College official should not provide information. Instead, the College official should gather the Law Enforcement Personnel’s contact information and advise them that the appropriate College official will respond to the inquiry. Immediately pass the inquiry on to CMC’s Ex. Dir. Public Safety.
Responding to Law Enforcement Personnel’s Requests for Student Records
Generally, CMC need not produce documents immediately upon receiving a request for them. The CMC office required to provide documents to Law Enforcement Personnel will adhere to the following when requested to produce records (whether the request was received by mail, email, or in person):
- Immediately provide a copy of the request to CMC’s General Counsel.
- Work with CMC’s General Counsel in gathering and responding to document requests.
- Comply with the Family Educational Rights and Privacy Act (FERPA).
- Notify the student of such order or subpoena before complying with it (unless expressly precluded by the court order, subpoena, or judicial warrant).
Immediately contact CMC’s General Counsel (or the Ex. Dir. Public Safety if Counsel cannot be reached) if Law Enforcement Personnel demands immediate production of documents. General Counsel is responsible for these discussions (or the Ex. Dir. Public Safety in Counsel’s absence).
Service of Process
CMC Community Members must exercise care when presented with any type of legal document involving the College. Only CMC’s General Counsel or their designee may accept service on behalf of the College of summons, complaints, and subpoenas, as these documents require responses within a designated amount of time. Failure to route these documents appropriately to counsel may place the College at risk in a legal proceeding.
Additionally, CMC Community Members must also notify the General Counsel if they receive any type of regulatory or compliance notification from any agency that suggests the College must take, or refrain, from certain actions or is responsible for paying a fine.
This section does not apply if a CMC Community Member is being served with a legal document in their personal capacity (e.g., for a personal civil or criminal law matter).
Collecting and Retaining Student Information
CMC will:
- Treat all students equally in the provision of College services regardless of their immigration/citizenship status, including the gathering of student and family information, considering an applicant for admission, or considering a student interested in receiving College services.
- Comply with FERPA. CMC’s policies and procedures for notifications, directory information, and opting out of the same can be found here. The Office of Admission and the Registrar’s Office maintain in writing CMC’s policies and procedures for gathering and handling sensitive student information and trains its employees appropriately. CMC provides annual notice at the beginning of each school year of its FERPA policies and procedures.
- Protect any student immigration status revealed during the application process to the extent it can legally do so and retain this information when necessary or required by law.
- When permitted by law, CMC will provide alternative means to establish residency, age, or other eligibility criteria for enrollment or programs.
- Only require documentation or information on a minor student’s parent’s residency information in order to determine tuition or aid that is available to persons regardless of immigration status.
- Maintain sensitive information (such as social security numbers) only as long as necessary.
CMC will not:
- Create a list of student or employee names linked with immigration status (unless related to F and J Visa statuses for non-immigrant students and exchange visitors or lists of international employees with work Visas.
- Require applicants for admission or students to provide immigration or citizenship status information.
- Use immigration status, citizenship status, or national origin information that may be revealed in personal statements outside the application process other than for legitimate educational interests (including, but not limited to, providing a service or benefit such as health care, counseling, job placements, or financial aid).
- Inquire specifically about a student’s or parents’/guardians’ citizenship or immigration status unless required by federal or state law.
- Require documentation or information that may indicate a student’s immigration status. If a law requires submission of immigration status or citizenship status to satisfy a program’s requirements, CMC shall not use that documentation or information for decisions related to admissions or enrollment in programs.
- Discuss the immigration status of its Community Members with anyone unless permitted by federal and state law, with the Community Member’s permission, or internally within CMC unless directly related to CMC’s legitimate educational interests or as directed by CMC’s General Counsel.
If Immigration Officials Detain or Arrest a CMC Community Member
- If a CMC Community Member is taken into custody by an Immigration Official, CMC’s Ex. Dir. Public Safety will immediately provide notice to the Community Member’s emergency contact.
- If an undocumented student is detained, deported or unable to attend classes/fulfill academic requirements as a result of immigration enforcement activities, pursuant to state law CMC will make all reasonable and legal efforts to assist the student in remaining eligible for financial aid, fellowship stipends, funding for research/projects, housing, or any other benefits awarded or received related to attendance at CMC. CMC will also permit the student to re-enroll when the student is able to do so.
Miscellaneous
Resources and Support
Several staff members can help support and provide resources to CMC Community Members who may be subject to an immigration order or inquiry on campus
Dianna “DT” Graves, Vice President for Student Affairs
Heggblade Center, 1st Floor
(909) 607-8055
Jimmy Doan, Dean of Students
Heggblade Center, 1st Floor
(909) 621-8114
Nyree Gray, Vice President for Human Relations and Chief Diversity Officer
Heggblade Center, 2nd Floor
(909) 607-0347
Additionally, any member of the Dean of Students Office will provide a contact list of legal services providers in good standing with their state licensing agency who provide legal immigration representation or information. This list includes the name of the providers, contact number, email address, and office address. The College does not endorse any specific legal services provider.
Employment Eligibility Verification
CMC must provide I-9 Employment Eligibility Verification forms and documents upon presentation of a valid Notice of Inspection. CMC’s Office of Human Resources oversees this process. CMC will notify all current employees within 72 hours of receiving the Notice of Inspection, as well as provide hand-delivered notice of any results of the inspection to any affected employee within 72 hours of receiving notice of the results. For other employment records, unless required under federal law, access will not be provided without a valid legal documentation.
Reporting to the Governing Board
CMC’s General Counsel will timely submit a report to CMC’s Board of Trustees and CMC’s Ex. Dir. Public Safety about the Immigration Official’s request and the College’s response.
Special Limitations on TCCS Campus Safety Department and CMC Public Safety
Neither Department will:
- Inquire into an individual’s immigration status for immigration enforcement purposes.
- Aid any effort to create a registry containing an individual’s country or birth or any other protected characteristics of victims, witnesses, or suspects unless required by law for specified purposes.
- Provide Personal Information for immigration enforcement purposes unless the information is publicly available or required by valid legal documentation.
|