Prohibited Discrimination, Harassment, and Retaliation
I. POLICY STATEMENT
Consistent with Harvey Mudd College’s (“HMC” or “College”) commitment to the principle of equal opportunity both as an institution of higher education and an employer, HMC prohibits discrimination and harassment based on race, color, creed, sex (including pregnancy, childbirth, breastfeeding or related medical conditions), gender, gender identity (including transgender identity and transitioning), gender expression and sex stereotyping, age, sexual orientation, national origin (including language use and protected use of a driver’s license issued to undocumented persons under California Vehicle Code section 12801.9), ancestry, religion (including all aspects of religious belief, observance, religious dress and grooming practices), marital or registered domestic partner status, military service and veteran status, physical or mental disability, medical condition (including genetic characteristics and cancer or a record or history of cancer), genetic information, or any other legally protected class (collectively referred to as “protected characteristics” or “protected class”). The College also prohibits discrimination and harassment based on the perception that someone is a member of a protected class or is associated with a member of a protected class. This policy applies to all HMC programs and activities.
II. SCOPE OF POLICY
This Policy applies to all faculty, staff, and students of the College. It also applies to third parties (including but not limited to trustees, applicants, volunteers, unpaid interns, campus visitors, or vendors) who may have contact with members of the HMC community either on the HMC campus or at off-campus HMC events, programs, and activities, such as College functions hosted in private homes and College-sponsored conferences, meetings, study-abroad programs, internships, and research and other programs. This Policy may also apply to off-campus conduct that does not occur at an HMC-sponsored event, program, or activity, if both parties are members of the HMC community, and if the conduct could have a substantial adverse effect on or pose a threat to members of the HMC community.
For purposes of the Policy, a Claimant is the person who is the subject or target of the alleged misconduct. A Respondent is the person, group, or organization alleged to be responsible for the alleged misconduct. A reporting party is a person who makes an initial report concerning conduct prohibited by the Policy who may not necessarily be the Claimant.
All faculty, staff, students, and other members of the HMC community are responsible for ensuring that their conduct does not violate this Policy. If employees1 (i.e.: administrators, managers, supervisors, department chairs, faculty members), or dorm proctors know that discrimination or harassment is occurring, receive a complaint of discrimination or harassment, or obtain other information indicating a possible violation of this Policy, they must take immediate steps to ensure that the matter is addressed. Administrators, managers, supervisors, and department chairs have the further responsibility of preventing and eliminating discrimination and harassment within the areas they supervise.
IV. DEFINITIONS – PROHIBITED CONDUCT
Prohibited discrimination is defined as any decision, act, or failure to act that improperly interferes with or limits a person’s or group’s ability to participate in or benefit from the services, privileges, or activities of the College, or otherwise adversely affects a person’s employment, education, or living environment, when such decision, act, or failure to act is based on a protected characteristic (or based on a perception that an individual has the protected characteristic or associates with others who have, or are perceived to have, the protected characteristic).
Examples of discrimination include, without limitation: (1) denying a person admission or employment based upon a protected characteristic, (2) denying pay increases, benefits, or promotions based on a protected characteristic, or (3) subjecting a person to different academic standards or employment conditions because of a protected characteristic.
Prohibited harassment is defined as conduct based on a protected characteristic (or based on a perception that an individual has the protected characteristics or associates with others who have, or are perceived to have, the protected characteristic) which is sufficiently severe, persistent or pervasive to alter or interfere with an individual’s work or academic performance, or which creates an intimidating, hostile, or offensive work, educational, or living environment.
- Whether particular physical, verbal, or non-verbal conduct constitutes harassment in violation of this Policy will depend upon all of the circumstances involved, the context in which the conduct occurs, and the frequency, severity, and pattern of the conduct.
- That one did not intend to harass an individual is no defense to a complaint of harassment. Regardless of one’s intent, the effect and characteristics of one’s behavior determine whether one’s conduct constitutes harassment.
- Conduct alleged to constitute harassment will be evaluated according to the objective standard of a reasonable person. Thus, conduct that is objectionable to some, but that is not severe, persistent or pervasive enough to create an objectively intimidating, hostile, or offensive environment, is beyond the purview of this Policy.
Harassment can take many forms and will vary with the particular circumstances. Examples of harassment prohibited by this Policy may include, without limitation: (1) verbal conduct, such as epithets, derogatory jokes or comments, or slurs directed at an individual or group of individuals because of a protected characteristic; (2) visual displays, such as derogatory posters, photography, cartoons, or drawings not protected by policies on academic freedom and freedom of expression which ridicule or demean an individual on the basis of a protected classification; and/or (3) physical conduct, including unnecessary and unwanted touching and intentionally blocking normal movement. Generally, statements and/or conduct legitimately and reasonably related to the College’s mission of education do not constitute harassment.
C. Sexual Harassment and Sexual Misconduct
1) Sexual Harassment
Sexual harassment is defined as unwelcome sexual advances, requests for sexual favors, or other visual, verbal, or physical conduct of a sexual nature when:
- submission to or rejection of the conduct is made either explicitly or implicitly a term or condition of an individual’s employment, evaluation of academic work, participation or enrollment (quid pro quo); or
- the conduct is sufficiently severe, persistent or pervasive that it unreasonably interferes with an individual’s work or educational performance or denies or limits the individual’s ability to participate or benefit from the College’s employment or educational programs and/or activities by creating an intimidating, hostile or offensive working, academic, or social environment under both a subjective and an objective perspective (hostile environment).
Harassment based on a person’s sex is not limited to instances involving sexual behavior. That is, harassment based on sex may occur without sexual advances or sexual overtones, when conduct is directed at individuals because of their sex, gender, gender identity, gender expression, or sexual orientation, or based upon sex- or gender-stereotyping, but does not involve conduct of a sexual nature or sexual desire. Such conduct, which is often referred to as sex or gender-based harassment, violates this policy.
Sexual harassment can occur regardless of the relationship, position, or respective sexes of the parties. It can occur between equals (e.g., student-to-student, staff to staff, faculty member to faculty member, visitor/contracted employee to staff) or between persons of unequal power status (e.g., supervisor to subordinate, faculty member to student, or coach to student-athlete).
In determining whether sexual harassment occurred, the conduct alleged to constitute harassment is evaluated from both the perspective of the offended individual and the perspective of a reasonable, similarly situated person, in consideration of the context of the behavior. The determination of whether an environment is hostile is based on the totality of the circumstances, including but not limited to: (1) the frequency of the conduct; (2) the nature and severity of the conduct; (3) whether the conduct was physically threatening; (4) the effect of the conduct on an individual’s mental or emotional state, with consideration of whether the conduct unreasonably interfered with an individual’s educational or work performance and/or participation in College programs or activities; (5) whether the conduct was directed at more than one person; (6) whether the conduct arose in the context of other discriminatory conduct; and (7) whether the conduct implicates concerns related to academic freedom or protected speech.
A single, isolated incident may create a hostile environment if the incident is sufficiently severe, particularly if the conduct is physical. A single incident of unwelcome touching, for example, may be sufficiently severe to constitute a hostile environment. In contrast, the perceived offensiveness of a single verbal or written expression is typically not sufficient to constitute a hostile environment.
Examples of behavior that might be considered sexual harassment include, but are not limited to: (1) pressure for a date or a romantic or intimate relationship; (2) unwelcome touching, kissing, hugging, or massaging; (3) pressure for or forced sexual activity; (4) unnecessary and unwelcome references to various parts of the body; (5) belittling remarks about a person’s gender or sexual orientation; (6) inappropriate sexual innuendoes or humor; (7) obscene gestures of a sexual or gender-based nature; (8) offensive sexual graffiti, pictures, or posters; (9) sexually explicit profanity; and (10) use of email, the internet, or other forms of digital media to facilitate any of the above-referenced behaviors.
2) Sexual Misconduct
Sexual misconduct is a form of sexual harassment and encompasses a range of behaviors, including but not limited to sexual assault, dating and domestic partner violence, stalking (including cyber-stalking), and sexual exploitation. The College has adopted a comprehensive Sexual Misconduct & Complaint Resolution Policy (“Sexual Misconduct Policy”) that governs the approach used for a sexual misconduct complaint when a student is the respondent. (For all other sexual misconduct complaints, this policy governs. Information about HMC’s Sexual Misconduct Policy, internal and external sexual misconduct reporting options, and campus and community resources available to aid victims of sexual misconduct can be obtained from the College’s Interim Title IX Coordinator, Leslie Hughes, in person at Platt Campus Center, by telephone at 909.621.8301 x18301, or by e-mail at firstname.lastname@example.org. The Sexual Misconduct Policy and related information are also available online.
It is a violation of this Policy to retaliate against an individual because he or she raised allegations of discrimination or harassment, or otherwise cooperated or participated in the administration of this Policy. The College recognizes that retaliation can take many forms (e.g., threats, intimidation, and reprisals), that retaliation may be committed by or against an individual or a group, and that a claimant, respondent, or third party may commit or be the subject of retaliation.
HMC will take prompt action to investigate any report of retaliation and will pursue disciplinary action as appropriate. An individual who in good faith reports potential misconduct under this Policy is entitled to protection from any form of retaliation following the report, even if the reported misconduct is later not proven.
V. COMPLAINT RESOLUTION PROCEDURES2
A. Informal Resolution Procedures
Individuals who believe that they have been or may be the subject of discrimination, harassment, or other behavior prohibited under this Policy may choose to avail themselves of informal resolution procedures. Use of these procedures is not a prerequisite to the filing of a complaint under the formal resolution procedures described below. An individual who chooses to make use of informal resolution procedures may terminate the process at any time to pursue a formal complaint.
Informal resolution procedures are designed to correct, rather than punish, the offending behavior; sanctions ordinarily are imposed only within the formal, and not the informal, resolution framework.
1) Initiating Informal Resolution Procedures
Requests for assistance under these informal procedures may be oral or written and should be made as soon as possible after the most recent alleged act of discrimination, harassment, or retaliation.
Such requests should be directed to any of the following College representatives: vice presidents, managers, academic department chairs, Division of Student Affairs staff, Assistant Vice President for Human Resources, human resources staff, or, in cases involving sexual harassment or sexual misconduct, when a student is involved, the Title IX Coordinator3.
To the greatest extent practicable and possible, requests for assistance under these informal procedures will be dealt with on a confidential basis, and disclosure of their existence will be made only as legally required or to those who, in the interests of fairness and problem resolution, have an immediate need to know. A person seeking assistance under these informal procedures who requests that his/her name be withheld from the person against whom the complaint is made must understand that it is not always possible to do so (and is not an option under formal resolution procedures). Such requests will be evaluated in the context of the College’s obligation to provide a safe and discrimination/harassment-free learning, working, and living environment. Among the factors that HMC will consider is the seriousness of the alleged behavior and whether there have been other complaints concerning the person whose behavior is at issue.
Persons who wish to seek advice or assistance or to discuss options for dealing with issues involving discrimination, harassment, or other conduct prohibited by this Policy on a strictly confidential basis may do so by speaking with licensed counselors, clergy, medical providers in the context of providing medical treatment, and rape crisis counselors who, except in very narrow circumstances specified by law, will not disclose confidential communications. Students who wish to speak to a licensed counselor on a confidential basis may contact The Claremont Colleges Services’ Monsour Counseling Center or the EmPower Center. The Employee Assistance Program is a resource for faculty and staff. The Chaplains of The Claremont Colleges are also available to counsel students, faculty, and staff on a confidential basis.
2) Approaches and Outcomes
An individual who requests assistance under the informal procedures will be advised of options for resolving the problem and about sources of further assistance. Informal resolution procedures may not be appropriate in all circumstances.
Requests for assistance may result in one of several approaches to achieve resolution. The person making use of these procedures may wish to communicate directly with the person(s) accused of violating this Policy about the offensive conduct and explain that it must stop; seek intervention by a supervisor, another College official, the Title IX Coordinator in cases of sexual misconduct, when a student is involved, the academic department chair, the Dean of Students, a Division of Student Affairs staff member, a dorm proctor, or Human Resources; or seek a mediated or negotiated resolution (mediation is not an available outcome in cases involving sexual assault or sexual violence).
Informal resolutions may also result in “no contact” directives; limitations on privileges, activities, and access to facilities; academic accommodations; changes in campus housing, dining, or workspace locations; work schedule modifications; and other remedial assistance.
If a resolution is reached, no further action will be taken, and the matter will be considered closed. If the matter cannot be resolved informally, the college representative overseeing the informal resolution procedure will assist the claimant in filing a formal complaint.
B. Formal Resolution Procedures
An individual who believes he/she has been subjected to discrimination, harassment, or other behavior prohibited by this Policy (hereafter referred to as the “claimant”) may file a formal complaint. The filing of a formal complaint will result in an investigation to determine whether a violation of this Policy has occurred. An investigation may also be initiated without a formal complaint from any individual, and without regard to the time limitations for filing a complaint by an individual, at the request of the President, a member of the President’s Cabinet, the Title IX Coordinator in matters involving sexual harassment or sexual misconduct, or the Assistant Vice President for Human Resources.
1) Time Limitations
A formal complaint must be made within one year of the most recent alleged act of discrimination, harassment, or other behavior prohibited by this Policy. Note that, as explained in the College’s Sexual Misconduct Policy, there are no time limits associated with complaints concerning sexual misconduct.
Although the failure to initiate a complaint in accordance with the terms of this Policy, including the time limits set forth, shall constitute a waiver of the claimant’s right to utilize the complaint procedures described herein, the College nevertheless reserves the right to pursue an investigation as it deems appropriate whenever and however it receives allegations of, or information related to, a violation of this Policy.
2) Submitting a Formal Complaint
Formal complaints under this procedure should be directed to any of the following: vice presidents, managers, academic department chairs, Division of Student Affairs staff, Assistant Vice President for Human Resources, Human Resources staff, or the Title IX Coordinator. Complaints should be in writing (although verbal complaints will be accepted) and should include details concerning the conduct that gives rise to the complaint, the name of the person against whom the complaint is made (hereafter referred to as “respondent”), and the names of any witnesses.
The person receiving the complaint shall immediately notify appropriate College officers, supervisors, or others who have a need to know of the existence of the complaint, including, in the case of a complaint involving sexual harassment or sexual misconduct, the Title IX Coordinator. Complaints made against students shall be referred to the Dean of Students, complaints against faculty to the Dean of Faculty, and complaints against staff or other persons to the Assistant Vice President for Human Resources, who will oversee the investigation of the complaint (hereafter referred to as the “Responsible Administrator”). If the Responsible Administrator is the subject of the complaint, or if there is a conflict of interest, the President shall designate another College officer to serve as the Responsible Administrator.
3) Interim Measures
When appropriate, prior to or during an investigation, the College may take measures to protect the rights, safety, and well-being of the claimant and/or members of the HMC community. Interim measures may be applied with respect to either the claimant or respondent(s). Such measures may include, but are not limited to “no contact” directives; limitations on privileges, activities, and access to facilities; academic accommodations; changes in campus housing, dining, or workspace locations; work schedule/assignment modifications; and interim suspension.
4) Confidential Nature of Proceedings
All parties will be informed that confidentiality helps enhance the integrity of the investigation, protect the privacy interests of the parties, and protect the participants from statements that might be interpreted to be retaliatory or defamatory. At the beginning of the investigation, the claimant and respondent will be asked to keep information related to the investigation private during the pendency of the investigation. This does not preclude a party from sharing information with family, legal counsel, support persons or others as necessary in connection with the marshalling and presentation of evidence in connection with the investigation. Witnesses also will be asked to respect the confidential nature of the investigative process, to the extent consistent with applicable law.
5) Investigation Protocol
In response to a formal complaint, the Responsible Administrator will conduct an investigation or will designate an investigating officer(s) and assist with the investigation as necessary. The investigating officer(s) may be one or more HMC employees or a qualified independent third party. The claimant and respondent will have the opportunity to challenge the appointment of the investigating officer(s) or other representatives of the College if a conflict of interest or bias is present.
Before the investigation of a complaint is undertaken, the respondent shall be informed of the complaint and the identity of the claimant and shall be provided with a written summary of the nature of and alleged factual bases for the complaint.
During the investigation, the claimant and respondent will be afforded a full and complete opportunity to present their respective cases to the investigator. Both the claimant and the respondent may present evidence and suggest witnesses to be interviewed and questions for the investigator ask the other party or witnesses. Investigatory meetings shall not be recorded.4
Every effort shall be made to complete the investigation within forty-five (45) business days of the date on which the formal complaint is made or as soon thereafter as practicable under the circumstances. Although every effort will be made to comply with this timeline, the complexity of the complaint or exigent, unforeseen, or unavoidable circumstances may require an extension of this period. The claimant and respondent will be notified of any timeline extension and the basis for such extension.
6) Investigation Results
The investigating officer shall document the results of the investigation in a written report and, if the investigator is someone other than the Responsible Administrator, the investigator shall submit the report to the Responsible Administrator (or designee):
The report will contain a summary of issues, key findings of fact, and an analysis of disputed facts based on all available evidence and credibility. Finally, the report will conclude with a determination of responsibility for a violation of this Policy or related policies based on a preponderance of the evidence standard, and will include a discussion of the policy violations implicated by the complaint. “Preponderance of the evidence” means that the information and facts establish that a Policy violation “more likely than not” occurred.5
C. Decision, Sanctions, and Remedies
The Responsible Administrator (or designee), is responsible for acting on the investigative report. In those instances where the investigation is conducted by someone other than the Responsible Administrator, the Responsible Administrator shall, with due regard to the preponderance of the evidence standard, accept or reject the investigator’s report, request additional investigation, or take such further action as deemed appropriate.
If it is determined that the respondent violated this Policy, the Responsible Administrator shall impose disciplinary sanctions, which commensurate with the violation and take such remedial actions as may be deemed appropriate. The determination of sanctions/remedial actions should be guided by the following considerations: the interests of the community, the impact of the violation on the claimant, documented conduct history, and any mitigating or aggravating circumstances.
Sanctions may include, but are not limited to, verbal warnings, written warnings, loss of privileges, probation, suspension, dismissal/expulsion from the College, or termination of employment.
Remedies may include, but are not limited to, removing the claimant or the respondent from the hostile environment, changes in work or class schedules, changes in residence arrangements for students, contacting professors/supervisors, changes in work locations or assignments, changes in supervisory relationships, and/or “no contact” orders.
1) Grounds for Appeal
The claimant and/or the respondent may appeal the decision of the Responsible Administrator. Appeals will normally only be considered if made on the following alleged grounds:
- Significant Procedural Error: A procedural error occurred which significantly affected the relevant decision/determination as it applies to the appealing party (e.g., substantiated bias, material deviation from established procedures). A description of the error and its impact must be included in the written appeal.
- New Information: New information has arisen which was not available or known to the appealing party prior to the investigation determination; or information was improperly excluded from the investigation despite a request from the party to include it, which could have substantially affected the determination. Information that was known to the party but which the party chose not to present is not new information. A summary of the new or excluded evidence and its potential impact on the decision or determination must be included in the written appeal.
- Disproportionate Sanctions: Either party may appeal the sanction because s/he feels that the sanction imposed for the violation of this Policy was disproportionate to the conduct found to have occurred. The written appeal must convey more than simple dissatisfaction with the sanction.
2) Appeal Procedures
- Appeals must be in writing and must be submitted to the Responsible Administrator (or designee) within five (5) business days after the date on which the person wishing to file an appeal is notified of the Responsible Administrator’s decision. The Responsible Administrator has five (5) business days to determine if the appeal is based on one or more of the grounds for appeal; if it is not, the appeal will be denied. If the appeal is not denied, the Responsible Administrator will share the appeal with the other party, who shall have three (3) business days from the date on which he/she is notified of the appeal to submit a response. Absent a showing of good cause, appeals and responses to appeals shall not exceed seven (7) pages, 12-point font, double-spaced.
- After the other party submits a response or the time for the other party to submit a response lapses without a response, the Responsible Administrator (or designee) shall promptly send the appeal, any response, and the underlying appeal record to the President (or President’s designee), who shall consider the appeal and take such action as s/he deems appropriate. If the President is involved in the underlying complaint, the appeal shall be directed to the Vice President for Administration and Finance or to the Chair or Vice-Chair of the Board of Trustees, who shall act in the President’s place.
- The appeal record will consist of the investigator’s report and any supporting documents that accompany the report; any responses to the report submitted by the parties; the decision of the Responsible Administrator (or designee); and any other documents that the Responsible Administrator deems relevant to the appeal itself.
- The decision of the President (or designee) shall be final; no further appeals are allowed.
VI. RECORD RETENTION
A copy of the investigative file (which will consist of the initial report/complaint, the final investigative report, including a record of any remedial/disciplinary action taken, and any documents created or used during the investigation) shall, for the period of time mandated by HMC’s record retention policy and applicable law, be maintained in the Dean of Students’ Office for complaints against students; in the Human Resources Office for complaints against staff members; and in the Dean of Faculty’s Office for complaints against faculty.
Should a violation of this Policy be found, a record of the complaint and disciplinary action taken shall be made part of the personnel or student file of the person(s) found to have violated the Policy. In the event that the investigation does not result in a finding of violation of this Policy, no record of the complaint or investigation will become a part of any individual’s personnel or student file.
Note that, whether or not a complaint is made under these formal resolution procedures, a record of all reports, complaints, and investigations involving sexual harassment or sexual misconduct, as well as of the outcomes of such reports, complaints, and investigations, shall be maintained by the Title IX Coordinator for the period of time mandated by HMC’s record retention policy and applicable law.
VII. FALSE ACCUSATIONS
Knowingly making a false accusation of discrimination or harassment under either the informal or the formal procedures of this Policy is itself a violation of this Policy and a basis for disciplinary action up to and including dismissal/expulsion from the College or termination of employment. Failure to prove a claim of discrimination or harassment is not the equivalent of a knowingly false accusation.
VIII. ACADEMIC FREEDOM
HMC adheres to principles of academic and expressive freedom. Nothing in this Policy shall be construed to limit the legitimate exercise of academic and expressive freedom, including but not limited to written, graphic, or verbal expression that can reasonably be demonstrated to serve a legitimate educational purpose. Nor shall this Policy be interpreted or applied in a manner that is inconsistent with California Education Code section 94367.
IX. CONSENSUAL RELATIONSHIPS
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 supervises or evaluates or over whom he or she exercises authority.
The College discourages consensual intimate, amorous, or sexual relationships between students and 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 or the academic programs of other institutions that comprise the Claremont Colleges.
X. ADDITIONAL RECOURSE
Discrimination, harassment and retaliation are violations of federal and state law. This policy is intended to supplement and not replace such laws. Whether or not the internal complaint procedures described in this policy are utilized, a College employee who believes that he or she is the victim of discrimination, harassment, or retaliation may file a complaint with the California Department of Fair Employment and Housing, or with the United States Equal Employment Opportunity Commission. In addition, students and/or employees may file a complaint with the Office of Civil Rights, United States Department of Education.
Persons who believe they are victims of discrimination, harassment, or retaliation should be aware that both state and federal law impose time deadlines for the filing of complaints, and that the use of the internal complaint procedures described in this policy will not change such filing deadlines.
In connection with claims involving sexual misconduct, other forms of recourse are available which are described in detail in the College’s Sexual Misconduct & Complaint Resolution Policy.
XI. POLICY DISSEMINATION
The Human Resources Office and the Division of Student Affairs are responsible for distributing copies of this Policy to faculty, staff, and students. A notice of nondiscrimination, which also makes specific reference to this Policy and the College’s Sexual Misconduct & Complaint Resolution Policy, shall also be provided to individuals employed by contract to perform services at HMC and volunteers. References to this Policy are included in faculty, staff, and student orientation materials and handbooks. In addition, this Policy is continuously available at appropriate campus locations and on the HMC website.
XII. MODIFICATION OF PROCEDURES AND PROCESSES
The College retains the authority to adapt or modify the complaint resolution process, for good cause and absent substantial conflict with the procedures and processes contained in this Policy, as part of the responsibility to ensure an equitable and prompt process for all parties.
XIII. POLICY SOURCES
California Education Code sections 200, et seq.; California Sex Equity in Education Act, California Education Code sections 66250, et seq.; California Education Code section 94385; California Fair Employment and Housing Act, California Government Code sections 12900, et seq.; Age Discrimination in Employment Act of 1967, Title 29 of the United States Code, section 621; Title VI of the Civil Rights Act of 1964, Title 42 of the United States Code, section 2000d; Title VII of the Civil Rights Act of 1964, Title 42 of the United States Code, sections 2000e, et seq.; Section 504 of the Rehabilitation Act of 1973, Title 29 of the United States Code, section 794; Americans with Disabilities Act of 1990, Title 42 of the United Sates Code, sections 12101, et seq.; Title IX of the Education Amendments of 1972, Title 20 of the United States Code, sections 1681, et seq.; the Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act or Clery Act, Title 20 of the United States Code, sections 1092(f), et seq.; and Violence Against Women Reauthorization Act of 2013 (VAWA) (Pub. Law 113-4).
- All employees, including faculty, staff, administrators, coaches, and student employees, as well as proctors responsible for student welfare, all of whom are referred to in the Policy as “Responsible Employees”, are required to promptly share, with the Title IX Coordinator any report of sexual harassment or sexual misconduct which they receive or of which they become aware of.↵
- To report or make complaints concerning sexual harassment or sexual misconduct, see the College’s Sexual Misconduct Policy. Complaints against students will be processed in accordance with the Complaint Resolution Processes for Students set forth in the Sexual Misconduct Policy. Complaints against faculty, teaching/research assistants, and staff will ordinarily be investigated using the formal resolution procedures contained in this Policy. Persons who believe that they have been discriminated against on the basis of disability are referred to the College’s Disability Grievance Policy and Procedure. A copy of the Policy is available online at HMC Policy on Electronic and Information Technology Accessibility ↵
- See Appendix A of the Sexual Misconduct Policy for a list of Deputy Title IX Coordinators.↵
- In the case of a sexual misconduct investigation involving a student claimant, the claimant and the respondent will be permitted to have a support person, who is either a member of the HMC community, a family member, or an attorney, accompany him/her through every phase of the process. The support person may be present in an advisory or emotional-support capacity only, and shall not directly participate or intervene in meetings, the investigation, or other matters related to the College’s response under this Policy.↵
- In the case of a sexual misconduct investigations involving a student claimant, the Responsible Administrator will share the report with both parties for review, who will have five business days from the date the report, is sent to them to submit a response to the Responsible Administrator. The response may include additional documents or other evidence, the names of additional witnesses, questions to be asked of the other party or any witness, or any other information the claimant or respondent considers relevant. The Responsible Administrator shall consider any additional information provided and take such further action as deemed appropriate.↵
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 The President’s Cabinet April 2011
Revised May & August 2012 to incorporate Title IX/DOE requirements
Revised September 2013, October 2015, October 2016
Revised September 2017
Revised November 2017
Revised February 2018
Revised December 2018 – Title IX Contact Information
Revised March 2019