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Mission
Harvey Mudd College seeks to educate engineers, scientists and mathematicians well versed in all of these areas and in the humanities and social sciences so that they may assume leadership in their fields with a clear understanding of the impact of their work on society.
I. Purpose
This policy affirms Harvey Mudd College's ("College") commitment to promote and maintain an inclusive and respectful environment for living, work and study. In support of its mission and in accordance with applicable federal, state and local laws and regulations, the College prohibits discrimination and unlawful harassment because of a person's race, color, religion, national origin, ethnic origin, ancestry, citizenship, sex, sexual orientation, gender identity, marital status, age, physical or mental disability, medical condition, genetic characteristics, veteran status or any other characteristic/status protected by applicable laws. The College also prohibits unlawful discrimination based on the perception that anyone has any of those characteristics or is associated with a person who has or is perceived as having any of those characteristics.
II. Application of Policy
All members of the College's community are covered by this policy, including administrators, faculty, teaching/research assistants, staff, students, student organizations, guests, patrons, independent contractors, and other persons who work, study, or participate in the College's community. Any person who violates this policy may be subject to sanctions that include dismissal from campus, expulsion, or termination of employment.
All activities associated with Harvey Mudd College are covered by this policy, including College functions hosted in private homes, off-site conferences and meetings, and College-sponsored travel.
III. Unlawful Discrimination and Harassment
A. Discrimination
The College prohibits unlawful discrimination in employment decisions and any of its employment policies, procedures and practices; admission policies; educational programs; scholarship and loan programs; and other College-administered programs and activities because of a person's status or characteristics protected by federal, state and local laws (see Section I, Purpose).
Accommodation: The College will make reasonable accommodation for physical and/or mental limitations of students and qualified employees or applicants with disabilities, unless an accommodation results in an undue hardship for the College. Requests for accommodation from faculty, staff and applicants for employment should be directed to the Human Resources Office. Requests for accommodation from students should be directed to the Dean of Students Office.
B. Sexual Harassment
Sexual harassment is unwelcome conduct of a sexual nature, which can include unwelcome sexual advances, requests for sexual favors, or other verbal, nonverbal, or physical conduct of a sexual nature. There are two types of sexual harassment - quid pro quo and hostile environment.
Sexually harassing conduct occurs when:
- The conduct is sexual in nature
- The conduct is unwanted or unwelcome
- The conduct has the purpose or effect of unreasonably interfering with or otherwise adversely affecting an individual's employment, educational opportunity, work performance, or organizational participation
Quid Pro Quo Sexual Harassment occurs when employment or academic decisions or expectations are based on a person's willingness to grant or deny sexual favors. Quid pro quo sexual harassment may include:
- Demanding sexual favors in exchange for a promotion/raise/grade
- Disciplining or firing a staff member or failing a student for ending a romantic relationship
- Changing performance expectations of a staff member or student for refusing repeated requests for a date
Hostile Environment occurs when verbal or nonverbal conduct results in creating an intimidating or hostile work or educational environment. Hostile environment sexual harassment may include:
- Advances and/or propositions of a sexual nature
- Physical conduct: touching, impeding or blocking movements
- Verbal conduct: jokes of a sexual nature, comments about an individual's body, or sexually descriptive words used to describe an individual
- Visual conduct: leering, making sexual gestures, using electronic or non-electronic media to display suggestive objects, pictures, posters, or videos
C. Other Discriminatory Harassment
Discriminatory harassment is defined as non-sexual behavior that creates an offensive, demeaning, intimidating, or hostile environment. Discriminatory harassment occurs when:
- The conduct is directed at an individual or group because of status or characteristics protected by federal, state and local laws and regulations (see Section I, Purpose)
- The conduct is unwanted or unwelcome
- The conduct has the purpose or effect of unreasonably interfering with or otherwise adversely affecting an individual's employment, educational opportunity, work performance, or organizational participation
D. Evaluating Conduct
Not every act that may be offensive to an individual or group constitutes unlawful discrimination or harassment. Whether a specific incident is prohibited by this policy will be evaluated on a case-by-case basis.
IV. Protected Behavior
Nothing in this Policy is intended to limit either the protection of free speech accorded by law and College policy or the scholarly content of written or oral presentations.
V. Retaliation
Retaliation against any individual who, in good faith, seeks assistance or brings a complaint under this policy is prohibited. The College also prohibits retaliation against any person who, in good faith, participates or cooperates in an investigation or process described in this policy.
VI. False Complaints
Knowingly filing a false or malicious charge violates this policy. Such conduct may be subject to disciplinary action.
VII. Consensual Relationships
A. Staff:
|The College discourages consensual intimate, amorous, or sexual relationships between students and staff, and prohibits such relationships whenever a staff member assigned to an instructional, research, administrative or other College employment responsibility is involved in a relationship with a student whom he or she exercises authority over, supervises, or evaluates.
B. Faculty:
A sexual relationship between a faculty member and a student for whom the faculty member has, or should reasonably expect to have, academic responsibility, entails a conflict of interest and therefore, a breach of professional integrity. Accordingly, such relationships are prohibited even if consensual. "Academic responsibility" includes responsibility for teaching, advising, evaluating, or supervising a student in any aspect of the College's academic programs and the other institutions of the Claremont consortium.
VIII. Complaint and Resolution Procedures
A. Informal
Individuals who believe they have been or may be the victim of unlawful discrimination or harassment (including complaints related to disability accommodation) under this policy may pursue informal resolution. If an individual is able and feels safe, he or she should clearly explain to the alleged offender that the individual's behavior is objectionable and request it to stop. The purpose of dealing with a complaint informally is to stop the offending behavior and to resolve the matter as soon as possible.
Use of informal procedures is not a prerequisite to filing a complaint under the formal procedure described below or to seeking remedies available under state or federal law.
- Assistance
- Confidentiality
- Concluding the Informal Procedure
B. Formal
An individual who believes he or she has been the victim of unlawful discrimination or harassment (including those related to reasonable disability accommodation) may file a formal complaint. A complaint will result in an investigation which will be conducted in order to determine whether a violation of this policy has occurred.
Formal complaints must be made within one year of the most recent alleged violation of this policy. The complaint may be given verbally or in writing. (See Section IX, Reporting and Investigating Complaints of Unlawful Discrimination and Harassment.)
C. Other Procedures
The College reserves the right to pursue an investigation as it deems appropriate, whenever and however it receives allegations or information related to an alleged violation of this policy and regardless of whether a formal complaint has been
submitted.
D. Intercampus Policy on Sexual Harassment
The resolution of an intercampus complaint of sexual harassment by a faculty member, staff member or student of one college or the Claremont University Consortium (CUC) against a faculty member, staff member or student of another college or CUC will be addressed according to the sexual harassment policy and procedures of the accused harasser's college or CUC.
E. Reporting Sexual Assault
It is the College's policy 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 campus receive prompt treatment, support and information.
- A victim who is a student should contact the Dean of Students or the Associate Dean for Student Health and Wellness.
- A victim who is a faculty or staff member should contact the Dean of Faculty or the Human Resources Office.
The College's policy on sexual assault is available in the Student Handbook, the Dean of Students' Office and website, and the Human Resources Office and website.
IX. Reporting and Investigating Formal Complaints of Unlawful Discrimination and Harassment
A. Submitting a Formal Complaint and Investigations
Formal complaints under this policy should be directed to the College's EEO Officer who will notify the following Vice Presidents as appropriate. An investigation of a complaint under this policy will be conducted jointly by the EEO Officer and the Vice President or designee.
- Complaints against faculty members: Vice President and Dean of the Faculty
- Complaints against staff: Vice President for Administration and Finance/Treasurer
- Complaints against students: Vice President and Dean of Students
Alternatively, a complaint may be reported to an individual's immediate supervisor, department head/chair, or Vice President, all of whom are obligated to notify the EEO Officer.
B. Violation of this Policy
If administrators, managers, supervisors, or faculty members believe that a violation of this policy is occurring, receive a complaint of conduct which they believe violates this policy, or obtain other information indicating a possible violation of this policy, they are expected to take immediate steps to ensure that the matter is addressed. Failure to do so may result in legal liability. Administrators, managers and supervisors have the responsibility of preventing and eliminating discrimination and harassment within their areas of supervision.
C. Confidentiality
Except as compelled by law, formal complaints will be dealt with on a confidential basis and disclosure of their existence will be limited to those who, in the interests of fairness and resolution, have an immediate need to know.
Before an investigation begins, the person(s) against whom the complaint has been made will be informed of the complaint and the identity of the complainant. During the investigation, the person(s) against whom the complaint is made will be accorded a full opportunity to respond to the complaint, either verbally or in writing.
An investigation may include interviews with the complaining party, the alleged offender, and any witnesses identified, as well as a review of applicable documents and evidence. The complaining party and the alleged offender will be kept apprised of the investigation's status and will be given the opportunity to provide additional relevant information prior to the close of the investigation.
D. Investigation Timeline
Every effort shall be made to complete the investigation within thirty (30) working days of the date the formal complaint is made or as soon thereafter as reasonably practical under the circumstances.
E. Recordkeeping
The complainant and the person(s) against whom the complaint is made will be promptly notified of the outcome of the investigation, provided with a copy of the written report, and informed of the actions, if any, taken in connection with the complaint.
If a violation of this policy is found and discipline is imposed, a record of such discipline will be made part of the individual's record.
If no violation of this policy is found, records will be retained by the EEO Officer and will not be placed in any student or personnel records, nor will any reference to the investigation appear in other personnel or student records.
The EEO Officer maintains information pertaining to a discrimination or harassment complaint and/or investigations regarding faculty and staff. The Dean of Students Office maintains information pertaining to a discrimination or harassment complaint and/or investigations regarding students.
X. Remedies
If an individual is found to be in violation of this policy, the individual's Vice President or designee in consultation with the EEO Officer, will determine an appropriate remedy to the complaint based on the results of the investigation. If it is determined that disciplinary action is warranted, the particular form of discipline will depend on the nature of the offense. Discipline includes but is not limited to verbal warnings, written warnings, probation, suspension, expulsion or termination of employment.
XI. Appeals
A person found in violation of this policy has the right to appeal the findings and/or disciplinary action under applicable College policies and procedures.
A complainant who is dissatisfied with the outcome of the investigation under this policy may appeal in writing to the President within ten (10) calendar days of the date he or she is notified of such outcome. The President or the President's designee shall consider the appeal and take whatever action he or she deems appropriate. The decision of the President or the President's designee shall be final. If the President is involved in the underlying complaint, the appeal shall be directed to the Vice President for Administration and Finance/Treasurer who shall act in the President's place.
XII. External Resolution Procedures
Whether or not the internal complaint procedures described in this policy are used, an individual who believes he or she is the victim of unlawful discrimination or harassment may file a complaint with the California Department of Fair Employment and Housing, the Equal Employment Opportunity Commission, or the United States Department of Education Office of Civil Rights.
State and federal laws impose time deadlines for filing complaints. Use of this policy does not affect these deadlines.
XIII. Inquiries
Inquiries concerning this policy and complaint procedures may be directed to the Human Resources Office located in Kingston Hall, or the Dean of Students Office located in the Platt Campus Center. The Assistant Vice President for Human Resources and the Senior Associate Dean of Students are the College's designated Title IX and Section 504 Compliance Coordinators.
XIV. Regulatory References
California Education Code Section 200 et seq.; The California Sex Equity in Education Act, California Education Code Section 66250 et seq.; The California Fair Employment and Housing Act; California Government Code Section 12900 et seq.; The Age Discrimination in Employment Act of 1967, 29 United States Code, Section 621; Title VI of the Civil Rights Act of 1964, Title 42, United States Code, 2000d; Title VII of the Civil Rights Act of 1964, Title 42, United States Code, Section 2000e, et seq.; Section 504 of the Rehabilitation Act of 1973, 29 United States Code, Section 794; The Americans with Disabilities Act of 1990, Title 42, United Sates Code, Section 12101 et seq.; and Title IX of the Education Amendments of 1972, Title 20, United States Code, Section 1681 et seq.
Revised Section V March 2004
Revised Section XVIII September 2004
Updated Section XVIII September 2005
Revisions pertaining to change in HGO and titles spring 2007
Revised and approved by TPC April 2011
Copyright 2012 Harvey Mudd College