I. Statement of Policy

It is the policy of The Claremont Colleges to maintain a place of work and study for students, faculty and staff that is free of sexual harassment and all forms of sexual intimidation and exploitation. All members of the colleges community should be aware that the colleges are concerned and prepared to take action to prevent and correct such behavior, and that individuals who engage in such behavior are subject to discipline or dismissal. Retaliation against a person who reports, complains about or participates in the investigation of sexual harassment is also intolerable and prohibited.

All information concerning an allegation of sexual harassment will be handled in a confidential manner insofar as possible. Any employee or agent of The Claremont Colleges (including but not limited to faculty, deans, RAs, counselors, staff, supervisors) who receive a complaint of sexual harassment or are otherwise aware of the occurrence of sexual harassment have the responsibility to take immediate steps to ensure that the matter is addressed, even if the complainant refuses to be identified.

II. Definition of Sexual Harassment

Harassment on the basis of gender is a violation of Federal and State Laws and the policies of each of The Claremont Colleges and The Claremont University Consortium (CUC). Unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature made by someone from or in the work or education setting against a person of the same or opposite sex constitute sexual harassment under any of the following conditions:

• Submission to such conduct is made either explicitly or implicitly a term or condition of an individual’s employment, academic status or progress.
• Submission to, or rejection, of such conduct by the individual is used as the basis for employment or academic decisions affecting the individual.
• The conduct has the purpose or effect of having a negative impact upon the individual’s work or academic performance, or of creating an intimidating, hostile, or offensive work or education environment.
• Submission to, or rejection of, the conduct by the individual is used as the basis for any decision affecting the individual regarding benefits and services, honors, programs, or activities available at or through The Claremont Colleges.

While the colleges are neutral about such relationships, faculty, staff and students are cautioned that they must take full responsibility for their actions if they become sexually involved with others at the colleges.

III. Reporting an Intercampus Complaint of Sexual Harassment

An individual may feel uncomfortable about an advance and may begin to feel embarrassed, guilty, trapped or even frightened. An individual may feel that a job, reputation, grade or diploma is in jeopardy. If possible, an individual who experiences sexual harassment should make it clear to the harasser that such behavior is offensive and contrary to the policies of The Claremont Colleges. Whether or not the individual can confront the harasser, however, such behavior should be brought immediately to the attention of a designated individual. [Note: Normally no formal action against the accused harasser will be taken unless the complainant consents to be identified to the accused harasser in connection with the investi-gation. Formal action will be taken if the complainant is under age 18.]

Each of The Claremont Colleges and CUC have a sexual harassment policy and procedures for resolution of a complaint, including a list of designated individuals to whom a complainant can go. In addition, a faculty, staff or student complainant may use the Monsour Counseling and Psychological Services. The complainant can call the Director of Monsour Counseling and Psychological Services or his/her designated alternate to make an accusation of sexual harassment; an appointment will be arranged as soon as possible. An ombudsperson will assist the complainant to pursue the charge through the sexual harassment process of the college or CUC office of the accused harasser.

IV. Resolution of an Intercampus Complaint of Sexual Harassment

The resolution of an intercampus complaint of sexual harassment by a faculty member, staff member or student of one college or CUC against a faculty member, staff member, or student of another college or CUC will be made using the established sexual harassment policy and procedures of the accused harasser’s college or CUC. A designated individual at the complainant’s college or CUC will assist the complainant in pursuing the complaint through the accused harasser’s college or CUC. At the complainant’s request, a designated individual at the complainant’s college may accompany the complainant to the hearing at the accused harasser’s college or CUC. The accused harasser may have equal representation.

Each college and CUC has published its procedures regarding sexual harassment, copies of which are available in the offices of the academic deans, the student deans, the personnel officers, and the President/CEO.

V. Additional State Law Requirements

In addition to violating the policies of the colleges, sexual harassment in employment violates the provisions of the California Fair Employment and Housing Act, specifically Government Code Sections 12940 (a), (h) and (i).
The California Fair Employment and Housing Commission regulations define  sexual harassment as unwanted sexual advances, or visual, verbal or physical conduct of a sexual nature. This definition includes many forms of offensive behavior and includes gender-based harassment of a person of the same or opposite sex as the harasser; the following is a partial list:

• Unwanted sexual advances.
• Offering employment benefits in exchange for sexual favors.
• Making or threatening reprisals after a negative response to sexual advances.
• Visual conduct: leering, making sexual gestures, displaying of sexually suggestive objects or pictures, cartoons or posters.
• Verbal conduct: making or using derogatory comments, epithets, slurs and jokes.
• Verbal sexual advances or propositions.
• 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.

The three most common types of sexual harassment complaints filed with the Department of Fair Employment and Housing are:

• An employee is fired or denied a job or an employment benefit because he/she refused to grant sexual favors or because he/she complained about harassment. (Retaliation for complaining about harassment is illegal, even if it cannot be demonstrated that the harassment actually occurred.)
• An employee quits because he/she can no longer tolerate an offensive work environment. (Referred to as a “constructive discharge” harassment case.)
• An employee is exposed to an offensive work environment. Exposure to various kinds of behavior or to unwanted sexual advances alone may constitute harassment.

VI. Outside Agencies

In addition to the internal remedies established by the colleges, external remedies are available through the California Department of Fair Employment and Housing, the United States Equal Employment Opportunity Commission, or the Office of Civil Rights, United States Department of Education. For more information, contact any of these offices:

California Department of Fair Employment and Housing
www.dfeh.ca.gov
contact@dfeh.ca.gov
611 West Sixth Street, Suite 1500
Los Angeles, CA 90017213/439-6799
1845 S. Business Center Drive, #127
San Bernardino, CA 92408-3426
909/383-4373

United States Equal Employment Opportunity Commission
www.eeoc.gov/
255 East Temple, 4th Floor
Los Angeles, CA 90012
213/894-1000

Office of Civil Rights, Department of Education
www.ed.gov/about/offices/list/om/fs_po/ocr/home.html
50 United Nations Plaza, Room 293
San Francisco, CA 94102
415/556-4275