Procedure for Responding to Sexual Assault Occurring on the HMC Campus

Policy

It is the policy of Harvey Mudd College to ensure, to the fullest extent possible, that any student or employee (faculty, staff or student) who is the victim of sexual assault committed on HMC’s campus shall receive prompt treatment, support and information; and to encourage victims of sexual assault to make full use of these provisions.

For the purposes of this policy, sexual assault includes, but is not limited to, rape, forced sodomy, forced oral copulation, rape by foreign object, sexual battery or threat of sexual assault. Acquaintance rape, while the most difficult of sexual assaults to define, is nonetheless a nonconsensual, forcible act of violence.

Harvey Mudd College does not tolerate sexual assault, whether directed at males or females and whether committed by a stranger or an acquaintance. The college seeks to address the needs of the sexual assault victim and to protect other members of the campus community from potential sexual assaults. Referrals for treatment and ongoing support are offered to victims. In the interest of privacy­—when within the college’s jurisdiction—confidentiality regarding the names of the victim and alleged assailant is maintained.

Harvey Mudd College will make the college community aware of any rapes or other sexual assaults by strangers on campus, and will judge on a case-by-case basis the need to report to the college community acquaintance rapes or sexual assaults. In the case of a sexual assault by a stranger, the location of the incident will be made known to the college community. Students and employees will be notified of assaults or rapes which occur on other Claremont Colleges campuses when reports are received by the Dean of Students or the personnel administrator. The college is legally obligated to report to the federal government the number of sexual assaults that occur on campus each year.

Procedures
 
Step 1: Treatment
First priority is given to arranging treatment for the sexual assault victim. Because sexual assault may involve physical trauma and is a crime, the campus individual or the college official first notified of the sexual assault should strongly encourage the victim to seek treatment. There are several options for treatment:
 
Treatment Option 1:
Go to the Pomona Valley Hospital Medical Center Emergency Room

Pomona Valley Hospital Medical Center
1798 North Garey Avenue
Pomona, California
909/865-9500

The victim should be informed that he/she will be examined and treated at the hospital for physical injuries or sexually transmitted diseases. The victim should also be informed that because the assault on him/her is a crime, the hospital has an obligation to inform the police and that the police will interview him/her at the hospital regarding the assault. The victim should be told that he/she will have a choice as to whether to allow collection of evidence and whether to go forward with a prosecution.

If the victim is willing to go to the hospital, the campus individual or the college official first notified should assist with arrangements for transportation. This individual, with the consent of the victim, should contact or assist the victim in contacting the Rape Crisis Hotline Project Sister (909/626-4357) to ask that a counselor meet the victim at the hospital. The victim who goes to the hospital should be informed that he/she may have a friend accompany him/her to the hospital. The victim should be advised not to shower or change clothes. Additionally, a female victim should be advised not to douche. The victim should bring a fresh change of clothes to the hospital with him/her. If he/she has already changed clothes, he/she should be advised to put the clothes worn at the time of the assault in a bag and bring them to the hospital.

Treatment Option 2:
Use Other Community Resources
A victim who does not wish to go to the hospital should be strongly encouraged to receive treatment/assistance from some other resource such as his/her personal physician or Planned Parenthood.

Planned Parenthood
1900 Royalty Drive
Pomona, California
909/620-4290

Additionally, victims who are students should be encouraged to seek counseling by contacting:

Monsour Counseling and Psychological Services
909/621-8202

Victims who are employees may wish to seek counseling through the college’s
Employee Assistance Program by contacting:

Pacific Behavior Health
800/998-8448

Step 2: Contact the College Representative
A victim who is an HMC student, or the campus individual representing a student victim, (e.g., fellow student or faculty or staff member) should contact the Dean of Students staff (hereafter referred to as the college representative).

Dean of Students 909/621-8125  
Associate Dean, Student Emotional Health 909/607-4101

A victim who is an employee, or the campus individual representing an employee victim, (e.g., fellow faculty or staff member) should contact either the Dean of Faculty or the personnel administrator (hereafter referred to as the college representative).

Dean of Faculty 909/621-8122 
Personnel Administrator909/621-8512

If the victim wishes to remain anonymous to the college representative, the college representative will serve as a consultant to the campus individual representing the victim and that person will provide ongoing support as needed.

The college representative will provide ongoing rape management, either directly or as a consultant, depending on the wishes of the victim. The college representatives will serve as backups for each other. In the event a college representative cannot be reached, call Campus Safety.

Campus Safety 
909/621-8170

Step 3: Notification of Others That an Assault Has Occurred
The college representative notifies the President and Director of Campus Safety that a sexual assault has occurred, maintaining confidentiality if requested by the victim. The President is the only college official who may authorize an exception to the rule of complete confidentiality regarding the release of the names of the victim (with the victim’s approval) and/or alleged assailant. See also the final paragraph under
Sexual Assault Policy Section A.

Step 4: Referral for Support
Verbal and written information about sources of support on campus and in the community are provided to the victim by the college representative, either directly or through the campus individual representing the victim. Of particular value will be:

Rape Crisis Hotline Project Sister
909/626-4357

Step 5: Referral for Mediation or Prosecution
The college representative provides the victim, directly or through the campus individual representing the victim, information about criminal and civil prosecution. If both the victim and alleged assailant are either an HMC student or employee, the college representative provides information about the college’s disciplinary process and the availability of mediation. In the case of student victims, the Dean of Students Office assists the victim in arranging accommodations of academic or housing difficulties that may arise because of the assault.

Step 6: Disciplinary Status Reporting to Victim
If the alleged assailant is a member of the college community, the college representative, either directly or through the campus individual representing the victim, provides to the victim information about the status of any disciplinary hearings connected with the assault and the results of any such actions.

Step 7: Provision for Follow-up
The college representative, either directly or through the campus individual representing the victim, provides ongoing follow-up to the case on an as-needed basis, ensuring that the victim has access to the support services he/she needs.

Prevention
Toward insuring the safety of all students on the Harvey Mudd College Campus, the following recommendations and procedures have been adopted:

•  Do not walk alone at night. Use the escort service (see page 80) or organize your trips outside your dorm with friends.
• Call Campus Safety (x72000) if activities or people around you appear suspicious.
• Keep your door locked.
• Carry a whistle with you and use it if you feel someone is threatening you. You may obtain a free whistle from the Dean of Students Office.
• Consult the Student Health Strategies booklet on Acquaintance Abuse.
• Refer to the Dean of Students Office for information on self-defense courses and to local law enforcement on mace licensing.

Intercampus Sexual Assault Policy Statement,
Definitions, And Procedures for Students
(Adopted May 1995)

Sexual conduct which takes place on the campuses of The Claremont Colleges, or which involves a student, faculty member or staff member, must be consensual. Sexual offenses will not be tolerated. It is common to all of The Claremont Colleges that a state of intoxication is not a justification for any conduct violation.
The definitions, rights and obligations outlined herein pertain to this statement only, and are not intended to diminish, modify or abrogate definitions, rights, or obligations set forth in the sexual assault policies of the individual colleges in Claremont.
Definitions

1. “Sexual assault” is defined by the California Education Code, Section 94385, as including rape, forced sodomy, forced oral copulation, rape by a foreign object, sexual battery or threat of sexual assault.
2. Implicit in sexual assault is a lack of consent. “Consent” is defined as agreement that an individual is willing to engage in an activity. At any point, an individual may indicate in a verbal or nonverbal manner that he or she does not want sexual contact to go any further. An individual has the right to say that sexual conduct should stop at any time regardless of how much sexual contact has already occurred, even if he or she had agreed earlier to more sexual contact. Sexual interaction with individuals who are unable to give consent because of alcohol, controlled substances, or unconsciousness is sexual interaction without consent.
3. In this policy statement the phrase “Dean of Students” will refer to the Dean of Students or a designee.

Reporting Procedures

1. Charges which involve sexual assault must be filed within 12 months of an alleged incident.
2. Students who suspect that a violation of this sexual offense statement may have occurred should contact a member of the Dean of Students staff at the college where they are enrolled.
3. Students are strongly encouraged to report suspected violations as soon as possible after they have occurred. If alleged criminal conduct is involved, students are strongly encouraged to file charges with local law enforcement officials. Students who wish to file a formal complaint may request assistance from their Dean of Students.
4. Students who wish to file criminal charges should not shower, change clothes or douche in order to preserve evidence. The Pomona Valley Community Hospital Emergency Room is equipped with rape kits for the collection of physical evidence. While not required, physical evidence can strengthen a case in both criminal and campus disciplinary proceedings.
5. The Dean of Students will provide victims with information about criminal prosecution, civil prosecution, college disciplinary procedures and informal resolution options. Information about possible changes in academic or living arrangements may also be obtained from the dean.
6. Students who wish to have possible misconduct reviewed by a college judiciary board must prepare a written complaint. Assistance in preparing a complaint may be obtained from the Dean of Students. Discussions with the dean will be treated confidentially, insofar as the law allows. The Claremont Colleges have an obligation to report statistics on rape or sexual assault committed on campus.

Intercampus Procedures

1. The Dean of Students at the college where the complainant is enrolled will arrange the appointment in a timely manner with the Dean of Students where the accused is enrolled.
2. The Dean of Students at the institution where an accused student is enrolled will investigate alleged misconduct with all due haste.
3. The Dean of Students will notify the President if the accused is a college employee. The college where the accused is employed will investigate, and if warranted, pursue disciplinary action in accordance with institutional procedures, and the remedy imposed will be commensurate with the violation.
4. Different procedures exist for the review of student, faculty or staff conduct. The Dean of Students will explain which procedures apply. Informal resolution may be an option with the consent of both the complainant and respondent.
5. A case will be referred to the appropriate hearing body if informal resolution is pursued and a mutually satisfactory conclusion is not reached, or if the conditions of informal resolution are not honored.

Hearing Procedures

1. Members of The Claremont Colleges community who are charged with sexual offenses are subject to the jurisdiction of the institution where they are enrolled or employed.
2. Students (both complainants and respondents) who are parties to college judiciary hearings are entitled to be accompanied by advisers. Advisers may be students, faculty members or staff members. The number of advisers present at any hearing may not exceed the number allowed by the procedures of the college where the case is being heard. Legal counsel will be allowed to serve as advisers only if the campus procedures where the case is heard so allow.
3. The hearing officer will report the disposition of the case to the respondent, the complainant, and other appropriate college officials no later then three days following the completion of the hearing.

Evidence
Information regarding prior sexual conduct of either the complainant or the respondent will not be considered relevant in a disciplinary hearing. The manner in which a complainant was dressed will not be admitted.

Sanctions
Members of the Claremont community found guilty of violating college policies on sexual assault may be subject to penalties up to and including: expulsion for students and termination for employees.

Educational Programs
The Claremont Colleges provide ongoing educational programs for students, faculty and staff in order to promote awareness about rape, sexual harassment and other sexual offenses. These programs are designed to heighten community awareness and prevent sexual offenses. Programs may vary from college to college.

In order to promote a safe campus environment, individuals who may be in violation of college policies on sexual offenses should be informed about their conduct. They may not be aware that their behavior is sexually offensive, threatening or hurtful; education may remedy their behavior.

Campus and Community Resources
Resources that provide assistance to survivors of sexual offenses are available on each campus, through the Central Services, and from the community. They include:

 Campus Safety    909/621-8170 or x72000
 Claremont Police Department   909/399-5411
 Monsour Counseling and Psychological Services 909/621-8202 or x18202
 Student Health Services    909/621–8222 or x18222
 Project Sister     909/626–HELP
 Victims of Crime Resource Center   800/627–6872