Hazing Prevention and Policy

Definition of Hazing

Definition of Hazing: any intentional, knowing, or reckless act committed by a person (whether individually or in concert with other persons) against another person or persons regardless of the willingness of such other person or persons to participate, that:

• is committed in the course of an initiation into, an affiliation with, or the maintenance of membership in, a student organization; and
• causes or creates a risk, above the reasonable risk encountered in the course of participation in the institution of higher education or the organization (such as the physical preparation necessary for participation in an athletic team), of physical or psychological injury including:

• whipping, beating, striking, electronic shocking, placing of a harmful substance on someone’s body, or similar activity; 
• causing, coercing, or otherwise inducing sleep deprivation, exposure to the elements, confinement in a small space, extreme calisthenics, or other similar activity; 
• causing, coercing, or otherwise inducing another person to consume food, liquid, alcohol, drugs, or other substances;
• causing, coercing, or otherwise inducing another person to perform sexual acts; 
• any activity that places another person in reasonable fear of bodily harm through the use of threatening words or conduct; 
• any activity against another person that includes a criminal violation of local, State, Tribal, or Federal law; and any activity that induces, causes, or requires another person to perform a duty or task that involves a criminal violation of local, State, Tribal, or Federal law.” 

• A student organization is defined as “an organization at an institution of higher education (such as a club, society, association, varsity or junior varsity athletic team, club sports team, fraternity, sorority, band, or student government) in which two or more of the members are students enrolled at the institution of higher education, whether or not the organization is established or recognized by the institution”

California Law

California Penal Code §245.6 outlines California’s law against hazing. This law makes it illegal to engage in any activities that have the potential to cause bodily injury to a current or prospective member of an organization. The result of bodily injury is not required for an act to be considered hazing; it is the likelihood of bodily injury that classifies an act as hazing. 

According to this law, hazing that does not result in bodily injury is considered a misdemeanor and is punishable by:

• A fine of up to $5,000 and/or 
• Up to one (1) year in county jail

Hazing that does result in bodily injury or death can be considered a felony and is punishable by:

• Up to three (3) years in California state prison

Reporting Hazing Incidents

• In situations where an individual experiences harm that is thought to be related to hazing, students have multiple avenues to report:
  • Incident Reporting form
  • Contact the Dean of Students at dean_of_students@hmc.edu
  • Contact The Claremont Colleges’ Campus Campus Safety (101 South Mills Ave, Claremont, CA 91711), 909.607.2000
  • Notification of Law Enforcement: If criminal activity is suspected, Campus Safety, in collaboration with the VPSA/DOS, will coordinate with local law enforcement.

All reports will be handled with discretion to protect the privacy of individuals involved.

External Reporting Options

Claremont Police Department: 570 West Bonita Avenue, Claremont, CA 91711

Lobby Hours: 7:00 a.m. – 10:00 p.m., 7-days a week

Emergencies: Dial 9-1-1

909.399.5411 (non-emergency number)

Investigation Process

Upon receiving a hazing report, HMC’s Division of Student Affairs will:

• Contact the involved student(s), generally by email, to request to meet with them for an initial intake and assessment meeting, and will provide the following information in their outreach:
  • An invitation to meet with the VPSA/Dean of Students to offer assistance and explain their rights, resources, and options under this policy;
  • Access to the administrative process via website link or attachment;
  • Information regarding available campus and TCCS resources; 
  • A Receipt of Acknowledgement document that the student received the notification which must be returned within two business days from the date of notification; 
  • Students who fail to respond to initial notification within the allotted two business days will be notified that the decision-making process and consequent sanctioning will proceed without the benefit of their input if there continues to be no response from the student within two business days of this additional email notification; and
  • A statement that retaliation for reporting a concern, filing a complaint, or participating in the complaint process, is prohibited.
• Provide Interim Measures:
  • Supportive Interventions: Implement interim measures as necessary during the investigation to mitigate risks without presuming guilt. These may include no-contact orders, temporary adjustments to housing or academic arrangements, or access to counseling services.
  • Communication: Clearly communicate these measures to all affected parties, ensuring they understand their rights and responsibilities.
• Conduct a Formal Investigation: If warranted, a thorough investigation will be led by the Division of Student Affairs. 
• A formal investigation will include: 
  • Fact-Finding
    • Interviews of all involved parties, including employees, students, and witnesses.
    • Gather and document evidence such as video footage, emails, or other relevant materials.
    • All parties involved should make every effort to maintain confidentiality in these discussions.
  • Fair and Impartial Investigation
    • Conduct a comprehensive investigation by an impartial investigator(s), including interviews and evidence collection. 
    • Equitable Treatment: Ensure all parties have equal opportunities to present information and respond to findings. 
  • Reporting to Law Enforcement: In cases involving potential criminal conduct, HMC will refer the matter to local law enforcement while continuing its internal investigation.
  • Legal Compliance
    • Ensure compliance with applicable laws and policies, such as 
    • Consult with Harvey Mudd’s Risk Management and Legal Affairs Office, who will coordinate with external legal counsel as needed, to ensure proper procedures are followed.
  • Collaboration with Honor Code or Student Conduct:
    • If the incident potentially violates the institution’s Honor Code, notify the Honor Board Chairs for review.
    • Determine whether a parallel process is necessary if legal violations are identified.
•  Timing

The College will strive to complete the entire administrative process in an expeditious manner, but the amount of time required will depend on the scope and circumstances of each particular matter.

• Closure or Dismissal of a Complaint
  • The investigation team shall provide the preliminary results of the investigation to the VPSA/Dean of Students. The VPSA/Dean of Students may dismiss the case if, based on the results of the investigation, they are either unable to substantiate an incident of hazing or conclude that an incident of hazing has not occurred. In such cases, the accused student will be notified in writing. Should additional information become available, the VPSA/DOS may reopen the case.

 Resolution of a Complaint with Finding

• Findings
  • The investigation team prepares a detailed report summarizing the incident, findings, and recommended sanctions, if any.
• Resolution of Complaint Through Admission of Responsibility 
  • If the accused student admits responsibility for a violation of one of the policies, the accuser(s) will be apprised of the charge and the student’s recommended sanctions. The VPSA/DOS may impose additional sanctions. A letter from the VPSA/DOS delivered by email will serve as the official notice of the decision and sanctions. The decision letter will be shared with administrative units (e.g. Registrar, Campus Safety, Office of Human Resources (for student employees), etc. on a need-to-know basis.
• For Cases Where There is No Admission of Culpability
  • If the accused student does not admit responsibility, a formal process involving an Administrative Hearing Committee will be launched. Referral to the Administrative Hearing Committee (AHC) must be by a referral memo created by VPSA/DOS with name of the student(s), a description of the alleged misconduct (including pertinent dates, times, witness and/or evidence), and summarizing the content of earlier meetings regarding this case. If VPSA/DOS is not available to conduct this process, a designee will be appointed.

Remedies and Sanctions

Sanctions may include educational interventions, restorative practices (e.g. mediation, dialogue, or restorative justice to rebuild trust and address harm caused by the incident), probation, suspension, or expulsion, based on the severity of the incident. Examples may include, but are not limited to:

• Warning: Written notice that the student behavior was in violation of a college policy and that future violations will result in more severe sanctions.
• Restitution: Reimbursement by the student(s) to HMC, another TCC Institution, TCC, or a member of TCC’s community to cover the cost of property damage or other loss.
• Service Hours: A set number of work hours the student must complete. Generally, service hours are conducted within TCC.
• Educational Program/Project: Programs and activities designed to help the student become more aware of the relevant policies and help the student understand the inappropriateness of their behavior to avoid repeat offense, including, but not limited to, participation in an educational program or completion of an online program.
• Counseling and/or Coaching Sessions: A set number of counseling and/or coaching sessions that the student must complete, as well completion of any assigned reflection essay or other assignment(s) within a specified time. 
• Loss of Privileges: Denial of specific privilege(s) for a defined period of time. Privileges include, but are not limited to, participation in extracurricular activities and events such as on-campus, or campus-sponsored or affiliated social events, intercollegiate athletics, intramural programs, student organizations, and student government, eligibility to apply for and gain on campus employment within TCC, as well as the privilege of living on campus, living in a specific residence hall, participation in commencement ceremonies, or having a vehicle on campus.
• Restricted Access: Conditions which specifically dictate and limit the student’s presence on HMC’s campus and/or participation in HMC-sponsored or affiliated activities and events. The restrictions will be clearly defined and may include, but are not limited to, presence in certain buildings or locations on campus, including residential and dining halls, sports and recreation fields, buildings, and courts, and classrooms. This also includes a No Contact Order, which prohibits communication, by any means, with specified individuals who participated in the investigation or hearing process. In cases involving Parties from different TCC Institutions restricted access may extend to exclusion from another TCC Institution’s campus, programs, activities, and events.
• Relocation or Removal from Residence Halls: Requirement that the student relocate to another residence hall, or off-campus residence, by a specified date.
• Conduct Probation: Formal, written notice that the student’s behavior is in violation of policies and an expectation that the student exhibits good behavior for a defined period of time. Any violation during the probationary period will result in increased sanctioning, including academic suspension or expulsion.
• Suspension Up to One (1), Two (2), Three (3), Four (4), Five (5), Six (6), Seven (7), or Eight (8) Semesters: Separation from the Institution for one (1), two (2), three (3), four (4), five (5), six (6), seven (7), or eight (8) semesters. During the suspension period, the Respondent is not permitted on campus, is not permitted to participate in any HMC-sponsored or affiliated program or activity, or events, and is not permitted to enroll in any courses and earn any credits towards the Respondent’s degree. The terms of the suspension may include the designation of special conditions affecting eligibility for re-enrollment or special conditions to be in effect upon re-enrollment, including a term of Conduct Probation. A term of suspension may also include delayed conferral of degree. Notice of Student’s suspension will be communicated to the Registrar and other appropriate administrator(s) at the other TCC Institutions to ensure compliance. In cases involving Parties from different TCC Institutions, suspension may extend to suspension from another TCC Institution’s campus, programs, activities, and events. 
• Termination of Student Employment: Current HMC student employees may be immediately terminated from employment positions at the college and ineligible for rehire for any future HMC student employment opportunities.
• Expulsion: Permanent separation from their Home Institution and ineligibility to apply for admission at any other Institutions in the TCC. A student who has been expelled is not permitted on any TCC Institution property and is not permitted to participate in any TCC Institution-sponsored or affiliated program, activity, or events.

Appeals

Students wishing to appeal the AHC process and/or sanctions must do so, in writing via email or hard copy, to the President within 3 business days following receipt of sanctions. Students will have only one opportunity to appeal. The appeal shall consist of one or more of the following exclusive grounds for appeal:

• New Information: There is new and significant applicable evidence that has not yet been considered. Information would be considered “new” if it was discovered after the student’s hearing. Withheld information is not considered “new” information.
• Excessive Sanctions: Sanctions imposed are excessive to the violation(s) relative to sanctions imposed for similar violations under similar facts and circumstances.
• Procedural Irregularity: The written procedure was not followed through the AHC process (e.g., the student did not have the opportunity to present information at the hearing).

The written appeal must include:

• Names of the parties involved
• A clear statement of the nature of the appeal (must consist of one or more of the
  following exclusive grounds):
  • New information
  • Excessive sanctions
  • Procedural irregularity
• A narrative of the incident including:
  • Why it occurred
  • How it occurred
  • Where it occurred
  • Who was present
  • The information on which the appeal is based
  • The desired outcome

The President (or designee), may, in response to the written appeal and upon review of all information and testimony presented, revise or confirm an earlier AHC process decision. The decision of the appeal may be made with or without meeting with the student. After a decision has been reached, the student will be notified in writing by the President.

Recordkeeping

Records of all reports and resolutions will be kept by the Vice President for Student Affairs/Dean of Students for a period of five (5) years. All records will be afforded the confidentiality protections required by law, including but not limited to the Family Educational Rights and Privacy Act (FERPA) governing confidentiality of student information. This means that the College will protect the student’s privacy consistent with this Policy but may disclose information to those who have a legitimate need to know in order to process remedies and sanctions under this Policy. Documents related to this process include: Complaints, Supportive Measures provided to the parties involved, the Findings Report and attachments, the hearing record, including any audio recording or transcript of the hearing, the Hearing Decision Report, and any sanctioning determination and appeal-related documents, if applicable.

Follow-Up

• Support Monitoring
  • Ensure continued support for individuals impacted by the incident.
  • Provide periodic check-ins with students, staff and faculty involved.
• Policy Feedback
  • Collect feedback from those involved in the process to refine and improve procedures.

Hazing Prevention and Awareness Programs

HMC is dedicated to proactive hazing education and prevention through:

• Student participation in an online, awareness and prevention training workshop that will equip the community with tools to:
  • ​​Define hazing and recognize warning signs of hazing
  • Identify the types of harm and impact that can result from hazing activities;
  • Differentiate healthy and unhealthy group behaviors and dynamics and create healthy group cultures.
• Education and Awareness for Prevention Strategies: Training on the development of positive organizational cultures by identifying activities that build group cohesion, sense of belonging, and support individual and leadership development without hazing.
• Bystander Intervention training to develop skills to intervene in situations where hazing occurs or is likely to occur.
• Campus-wide campaign to inform the HMC community on what hazing is and how to report incidents of hazing.
• Additional training for Claremont-Mudd-Scripps (CMS) athletes and employees includes:
  • CMS Athletes: All CMS athletes are required to participate in an annual, pre-season team meeting with the athletic directors that reviews the definitions of hazing, provides key examples, and works with the student-athletes to consider alternative activities that support team building and competitive success. Attendance is mandatory and compliance is tracked by the Associate Athletic Director/Senior Woman Administrator.
  • CMS Coaching Employees: CMS Coaches receive all communications with training opportunities listed above for CMC staff. Additionally, all CMS Coaches, including Assistant Coaches, are required to complete an online training administered by the U.S. Center for Safe Sport that includes a module on hazing education and prevention. This training is required annually.

Transparency and Accountability

In compliance with the Stop Campus Hazing Act (SCHA), HMC will:

• Publish an Annual Hazing Report as part of the Annual Fire Safety and Security report: Detailing reported hazing incidents and outcomes; made publicly available on the HMC website.
• Maintain a Campus Hazing Transparency Report: Regularly updated to include information on hazing incidents and prevention policies, ensuring community awareness and institutional accountability.  The report will contain the following information:
  •  The name of such student organization; 
  • A general description of the violation that resulted in a finding of responsibility, including:
    • whether the violation involved the abuse or illegal use of alcohol or drugs, ◊ the findings of the institution, and 
    • any sanctions placed on the student organization by the institution, as applicable; and 
    • The dates on which:  

1. The incident was alleged to have occurred 
2. The investigation into the incident was initiated 
3.  The investigation ended with a finding that a hazing violation occurred, and 
4. The institution provided notice to the student organization (if applicable) that the incident resulted in a hazing violation. 

The Campus Hazing Transparency report cannot include personally identifiable information.

Continuous Improvement

HMC will regularly review and update this policy to ensure effectiveness and compliance with federal and state laws, incorporating feedback from the campus community and evolving best practices in hazing prevention. Students, staff, and faculty are encouraged to provide feedback on the Anti-Hazing Policy to foster continuous improvement and inclusivity by emailing dean_of_students@hmc.edu.