Title IX and Sexual Assault

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Harvey Mudd College strives to maintain an environment for students, faculty, and staff that is free of sex discrimination, sexual harassment, and sexual violence. All members of the College community should be aware that the College is prepared to take prompt remedial action to prevent and address such behavior and remedy its effects.

If you have questions or would like to talk to someone, please contact Interim Title IX Coordinator Leslie Hughes at lhughes@hmc.edu or 909.621.8301.

SEXUAL MISCONDUCT AND COMPLAINT RESOLUTION POLICY*

I. Institutional Values and Community Expectations

Harvey Mudd College (“College” or “HMC”) is committed to providing a non-discriminatory and harassment-free educational, living, and working environment for all members of the HMC community, including students, faculty, administrators, staff, and visitors. The College will not tolerate sexual harassment or other forms of prohibited conduct. This Sexual Misconduct and Complaint Resolution Policy (“Policy”) prohibits all forms of sexual or gender-based harassment, discrimination, and other misconduct, including non-consensual sexual contact, non-consensual sexual penetration, sexual exploitation, intimate partner violence, and stalking. Misconduct of this nature is contrary to HMC’s institutional values and is prohibited by state and federal law.

HMC encourages the prompt reporting of any incident of sexual or gender-based misconduct to the College and to local law enforcement or civil rights enforcement agencies. Upon receipt of a report, the College will take prompt and effective action by: supporting the individual who makes a report or seeks assistance under this Policy (“Reporting Party”); conducting a review of the reported conduct under Title IX of the Education Amendments of 1972 (“Title IX”); addressing the safety of individuals and the campus community; and as warranted, taking disciplinary action against the accused individual (“Responding Party”). The College’s process for investigating and responding to reported Prohibited Conduct by students are contained in the Appendix A (Procedures for Resolving Complaints Against Students).

Retaliation (defined in Section VII.F. of this Policy) should be reported promptly to the Title IX Coordinator for investigation, which may result in disciplinary action independent of any sanction or interim measures imposed in response to the underlying allegations of discrimination and/or harassment.

The College encourages all members of our community to participate in the process of creating a safe, welcoming, and respectful environment on campus. In particular, the College expects that all HMC community members will take reasonable and prudent actions to prevent or stop an act of sexual misconduct. Taking action may include directly intervening when safe to do so, enlisting the assistance of friends, contacting law enforcement, or seeking assistance from a person in authority. Community members who chose to exercise this positive moral obligation will be supported by the College and protected from retaliation.

II. Policy Statement: Scope of Policy

A. Policy

All forms of sexual or gender-based discrimination, harassment or other misconduct, including non-consensual sexual contact, non-consensual sexual penetration, sexual exploitation, intimate partner violence, and stalking, are prohibited conduct. Retaliation against any person or group who makes a complaint, cooperates with an investigation, or participates in a grievance procedure is also a violation of this Policy. Misconduct of this nature (“Prohibited Conduct”) is contrary to HMC’s institutional values, is a violation of College policy, and will not be tolerated. Any individual who is found to have violated this Policy may face disciplinary sanctions up to and including expulsion and/or termination of employment.

B. 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, campus visitors, and 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.

For purposes of this Policy, the Reporting Party is the person who is the subject or target of the reported misconduct. The Responding Party is the person, group, or organization alleged to be responsible for the reported misconduct. A third party refers to any other participant in the process, including a witness or an individual who makes a report of conduct prohibited by this Policy. A witness may include an individual who observed behavior that is alleged to constitute a violation of policy or who communicated with one of the parties subsequent to an alleged incident of prohibited conduct.

This Policy applies to conduct occurring on campus or in connection with College-related off-campus events, programs, and activities, such as College functions hosted in private homes, off-site conferences and meetings, and College-sponsored study-abroad, internship, research, and other programs. The Policy also may apply to conduct that occurred off-campus, but not at HMC-sponsored events, program or activities, if both parties are members of the HMC community, and if the conduct could have a substantial adverse effect on or poses a threat to members of the HMC community.

A Reporting Party is encouraged to report misconduct regardless of where the incident occurred or who committed it. Even if the College does not have jurisdiction over the Responding Party, the College will still take prompt action to attempt to provide for the safety and well-being of the Reporting Party and the broader campus community. Under the Clery Act and the Campus SaVE Act, the College will record and report all violations of this Policy.

III. Oversight and Enforcement Responsibility

The administration and enforcement of this Policy is the responsibility of the College’s Title IX Coordinator. Title IX is a comprehensive federal law that provides:

“No person in the United States shall on the basis of sex be excluded from participation in, or denied the benefits of, or be subjected to discrimination under any education program or activity receiving Federal financial assistance.”

The Title IX Coordinator oversees the College’s centralized review, investigation, and resolution of reports of Prohibited Conduct. The Title IX Coordinator also oversees the College’s overall compliance with Title IX.

The Title IX Coordinator is:

  • Responsible for oversight of the investigation and resolution of all reports of all forms of Prohibited Conduct involving students, staff, administrators, faculty, vendors, and visitors;
  • Assisted by designated Deputy Title IX Coordinators in student affairs, human resources, and the faculty, and by a Title IX team as detailed in this Policy. These Deputy Title IX Coordinators have a shared responsibility for supporting the Title IX Coordinator and are accessible to any member of the community for consultation and guidance;
  • Knowledgeable and trained in College policies and procedures and relevant state and federal laws;
  • Available to advise any individual, including a Reporting Party, a Responding Party, or a third party, about the formal and informal courses of action available at the College and the courses of action available in the community;
  • Available to provide assistance to any College employee regarding how to respond appropriately to a report of Prohibited
    Conduct;
  • Responsible for monitoring full compliance with all procedural requirements and timeframes outlined in this Policy; and
  • Responsible for training, prevention, and education efforts and periodic reviews of climate and culture.

The Title IX team supports the Title IX Coordinator. Members of this interdepartmental team include the Title IX Coordinator and the Deputy Title IX Coordinators. In addition, depending on the roles of the Reporting Party and the Responding Party, the Title IX team could include the Assistant Vice President for Human Resources, the Dean of the Faculty, and/or a representative from the Division of Student Affairs. Composition of the team will be limited to a small circle of individuals who “need to know” to implement procedures under this Policy.

The College’s Interim Title IX Coordinator, Leslie Hughes, can be reached in person at Platt Campus Center, by phone at 909.621.8301, or by email at lhughes@hmc.edu. The names and contact information of HMC’s Deputy Title IX Coordinators can be found at https://www.hmc.edu/student-life/title-ix-sexual-misconduct/.

Inquiries or complaints concerning the application of Title IX may be directed to the College’s Title IX Coordinator, to the Deputy Title IX Coordinators, and/or to the U.S. Department of Education’s:

Office of Civil Rights
50 United Nations Plaza, Room 1545
San Francisco, CA 94102
Telephone: 415.486.5555
Email: ocr.SanFrancisco@ed.gov

IV. Privacy vs. Confidentiality

The College is committed to protecting the privacy of all individuals who are involved in a report of Prohibited Conduct. All College employees who are involved in the College’s Title IX response, including the Title IX Coordinator, investigators, and hearing panel members, receive specific instruction about respecting and safeguarding private information. Throughout the process, every effort will be made to protect the privacy interests of all individuals involved in a manner consistent with the need for a thorough review of the report.

Privacy and confidentiality have distinct meanings under this Policy.

A.    Privacy

Privacy generally means that information related to a report of misconduct will only be shared with a limited circle of individuals. The use of this information is limited to those College employees who “need to know” to assist in the active review, investigation, or resolution of the report. While not bound by confidentiality, these individuals will be discreet and respect the privacy of all individuals involved in the process.

B.    Confidentiality

Reports concerning conduct prohibited under this Policy will be addressed confidentially to the extent possible. Such reports will be disclosed only to individuals who, in the interests of fairness and resolution, have a need to know, and as otherwise required by law. Persons involved in the administration of this Policy are required to maintain confidentiality.

In certain circumstances identified in California Education Code section 67383, the College is required to forward information concerning reports of violent crimes, including reports of sexual assaults, to a local law enforcement agency. Such information is forwarded without identifying the Reporting Party and Responding Party, unless explicit consent is provided by the Reporting Party allowing for the sharing of personally identifying information. If the Reporting Party is under the age of 18, the College is required to comply with child abuse reporting laws.

Members of the HMC community who wish to seek advice or assistance concerning, or to discuss options for dealing with, sexual misconduct on a strictly confidential basis may speak with licensed counselors, clergy, medical providers in the context of seeking 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 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.

All participants in a complaint resolution process involving an alleged violation of this Policy will be informed that confidentiality helps enhance the integrity of the process, 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 process, the Reporting Party and Responding Party will be asked to keep information related to the process private during the pendency of the process. This does not preclude the Reporting Party or Responding Party from sharing information with family, legal counsel, advisors/support persons, or others as necessary in connection with the marshalling and presentation of evidence in connection with the process. Witnesses and support persons will, similarly, be asked to respect the privacy of the process.

C.    Responsible Employees

Under Title IX, HMC is required to take immediate and corrective action if a “responsible employee” knew or, in the exercise of reasonable care, should have known about Prohibited Conduct. A “responsible employee” includes any employee who:

  • Has the authority to take action to redress the harassment;
  • Has the duty to report to appropriate school officials sexual harassment or any other misconduct by students or employees; or
  • A student could reasonably believe has the authority or responsibility to take action.

Using this lens, employees with supervisory and leadership responsibilities on campus are considered “responsible employees.” This may include, for example, faculty, coaches, administrators, proctors, mentors, and student leaders with a responsibility for student welfare.

The College requires that all “responsible employees” share a report of Prohibited Conduct or suspected Prohibited Conduct with the Title IX Coordinator or a member of the Title IX team.

The College also encourages all employees, even those who are not obligated to do so by this Policy, to report information regarding any incident of Prohibited Conduct directly to the Title IX Coordinator, a member of the Title IX team, a “responsible employee,” or Campus Safety. The College cannot take appropriate action unless an incident is reported to the College.

The Title IX team, under the guidance of the Title IX Coordinator, will conduct an initial assessment of the conduct, the Reporting Party’s expressed preferences, if any, as to course of action, and the necessity of any interim measures to protect the safety of the Reporting Party or the community.

D.    Request for Confidentiality

Where a Reporting Party requests that their name or other identifiable information not be shared with the Responding Party or that no formal action be taken, the College will balance the request with HMC’s obligation to provide a safe and non-discriminatory environment for all College community members and to remain true to principles of fundamental fairness which require notice and an opportunity to respond before action is taken against a Responding Party. In making this determination, the College may consider the seriousness of the conduct, the respective ages and roles of the Reporting Party and Responding Party, whether there have been other complaints or reports of harassment or misconduct against the Responding Party, and the rights of the Responding Party to receive notice and relevant information before disciplinary action is sought. In some cases, the Title IX Coordinator, in consultation with appropriate administrators, may determine that the College needs to proceed with an investigation based on concern for the safety or well-being of the broader HMC community (e.g., concern about the risk of future acts of sexual violence or a pattern of sexual misconduct). HMC reserves the right to take appropriate action in such circumstances, including in cases where the individual reporting the Prohibited Conduct is reluctant to proceed.

The College will take all reasonable steps to investigate and respond to a report consistent with a Reporting Party’s request for confidentiality or request not to take any action in response to the report, but HMC’s ability to do so may be limited based on the nature of the Reporting Party’s request. Where the College is unable to act in a manner consistent with a Reporting Party’s request, the Title IX Coordinator or a member of the Title IX team will inform the Reporting Party about the chosen course of action, which may include the College’s seeking disciplinary action against a Responding Party. The chosen course of action may, alternatively, include steps to limit the effects of the alleged misconduct and prevent its recurrence without taking formal disciplinary action against or revealing the identity of the Responding Party.

E.    Timely Warnings

If a report of misconduct discloses a serious or continuing threat to the HMC community, the College may issue a campus-wide timely warning (which may take the form of an email to campus) to protect the health or safety of the community. The timely warning will not include any identifying information about the Reporting Party. Even where there is no imminent threat, the College may send campus-wide email notifications on all reported sexual misconduct.

At no time will the College release the name of the Reporting Party to the general public without the express consent of the Reporting Party. The release of the Responding Party’s name to the general public is guided by the Family Educational Rights and Privacy Act (FERPA) and the Clery Act.

All College proceedings are conducted in compliance with the requirements of FERPA, the Clery Act, Title IX, and state and federal law. No information shall be released from such proceedings except as required or permitted by law and College Policy. For more information on timely warnings and FERPA, please see “Appendix F: Harvey Mudd College’s External Reporting, Timely Warning, and FERPA Disclosure Obligations.”

V. Definitions of Consent and Prohibited Conduct

The College prohibits all forms of sexual and gender-based harassment, including sexual violence and intimate partner violence. Each of these terms encompasses a broad range of behavior. In general, sexual violence refers to physical sexual acts perpetrated against a person’s will or where a person is incapable of giving consent due to incapacitation. Intimate partner violence refers to any act of violence or threatened act of violence, sexual or otherwise, against a person with whom one is or has been involved in a sexual, dating, domestic, or other intimate relationship.

A.    Affirmative Consent: Force, Coercion, Incapacitation, Drugs and Alcohol

Affirmative Consent
Consent consists of an affirmative, conscious decision by each participant to engage in mutually agreed-upon sexual activity. In the state of California, sexual activity with a minor (under the age of 18) is never consensual, because a minor is considered incapable of giving consent due to age.

The following are essential elements of effective consent:

Informed and reciprocal:All parties must demonstrate a clear and mutual understanding of the nature and scope of the act to which they are consenting and a willingness to do the same thing, at the same time, in the same way.

Freely and actively given: Consent cannot be obtained through the use of force, coercion, threats, intimidation or pressuring, or by taking advantage of the incapacitation of another individual.

Mutually understandable: Communication regarding consent consists of mutually understandable words and/or actions that indicate an unambiguous willingness to engage in sexual activity. In the absence of clear communication or outward demonstration, there is no consent.  Consent may not be inferred from silence, passivity, lack of resistance, or lack of active response. An individual who does not physically resist or verbally refuse sexual activity is not necessarily giving consent. Relying solely upon non-verbal communication can lead to a false conclusion as to whether consent was sought or given.

Not indefinite: Consent can be withdrawn by any party at any time. Recognizing the dynamic nature of sexual activity, individuals choosing to engage in sexual activity must evaluate consent in an ongoing manner and communicate clearly throughout all stages of sexual activity.  Withdrawal of consent can be an expressed “no” or can be based on an outward demonstration that conveys that an individual is hesitant, confused, uncertain, or no longer a mutual participant. Once consent is withdrawn, the sexual activity must cease immediately, and all parties must obtain mutually expressed or clearly stated consent before continuing further sexual activity.

Not unlimited: Consent to one form of sexual contact does not constitute consent to all forms of sexual contact, nor does consent to sexual activity with one person constitute consent to activity with any other person. Each participant in a sexual encounter must consent to each form of sexual contact with each participant.

Even in the context of a current or previous intimate relationship, each party must consent to each instance of sexual contact each time. The consent must be based on mutually understandable communication that clearly indicates a willingness to engage in sexual activity. The mere fact that there has been prior intimacy or sexual activity does not, by itself, imply consent to future acts.

Force
Consent is not valid if obtained through force. Force is the use or threat of physical violence or intimidation to overcome an individual’s freedom of will to choose whether or not to participate in sexual activity. For the use of force to be demonstrated, there is no requirement that a Reporting Party resists the sexual advance or request. However, resistance by the Reporting Party will be viewed as a clear demonstration of non-consent.

Coercion
Consent obtained through coercion is not valid consent. Coercion is the improper use of pressure to compel another individual to initiate or continue sexual activity against their will. Coercion can include a wide range of behaviors, including intimidation, manipulation, threats, and blackmail. A person’s words or conduct are sufficient to constitute coercion if they wrongfully impair another individual’s freedom of will and ability to choose whether or not to engage in sexual activity. Coercion includes, but is not limited to: threatening to “out” someone based on sexual orientation, gender identity, or gender expression, and threatening to harm oneself if the other party does not engage in the sexual activity.

Incapacitation
Incapacitation is a state in which an individual cannot make an informed and rational decision to engage in sexual activity because they lack conscious knowledge of the nature of the act (i.e., the ability to understand the who, what, when, where, why, or how of the sexual interaction) and/or are physically helpless. An individual is incapacitated, and therefore unable to give consent, if they are asleep, unconscious, or otherwise unaware that sexual activity is occurring.

Incapacitation may result from the use of alcohol and/or drugs. Consumption of alcohol or other drugs alone is insufficient to establish incapacitation. The impact of alcohol and drugs varies from person to person, and evaluating incapacitation requires an assessment of how the consumption of alcohol and/or drugs impacts an individual’s:

  • decision-making ability;
  • awareness of consequences;
  • ability to make informed judgments; or
  • capacity to appreciate the nature and quality of the act.

Evaluating incapacitation also requires an assessment of whether a Responding Party knew or should have known that the Reporting Party was incapacitated.

Alcohol and Other Drugs
In general, sexual contact while under the influence of alcohol or other drugs poses a risk to all parties. Alcohol and drugs impair a person’s decision-making capacity, awareness of consequences, and ability to make informed judgments. It is especially important, therefore, that anyone engaging in sexual activity be aware of the other person’s level of intoxication or impairment. If there is any doubt as to the level or extent of the other individual’s intoxication or impairment, the prudent course of action is to forgo or cease any sexual contact or activity.

Being intoxicated or impaired by drugs or alcohol is never an excuse for Prohibited Conduct and does not diminish one’s responsibility to obtain consent.

B.    Forms of Prohibited Conduct

1.  Sex or Gender-Based Discrimination

Sex or gender-based discrimination refers to the disparate treatment of a person or group because of that person’s or group’s sex, sexual orientation, gender identity, or gender expression.

2.  Sexual and Gender-Based Harassment

“Harassment” is conduct that creates an intimidating, offensive, or hostile working or learning environment or which unreasonably interferes with work or academic performance based on a person’s protected status, including sex, sexual orientation, gender identity, or gender expression. All such conduct is prohibited.

“Sexual Harassment” is any unwelcome sexual advance, request for sexual favors, or other unwelcome conduct of a sexual nature, whether verbal, physical, graphic, or otherwise.

“Gender-Based Harassment” is harassment based on sex, sexual orientation, gender identity, or gender expression, which may include acts of aggression, intimidation, or hostility, whether verbal, physical, graphic, or otherwise. To qualify as Gender-Based Harassment, the conduct need not involve conduct of a sexual nature.

Generally speaking, harassment can be divided into two types of conduct:

  • Quid Pro Quo Harassment. Submission to or rejection of such conduct is made, either explicitly or implicitly, a term or condition of an individual’s employment, academic standing, or participation in any aspect of an College program or activity or is used as the basis for the College’s decisions affecting the individual.
  • Hostile Environment. A hostile environment exists when the conduct is sufficiently severe, pervasive, or persistent that it unreasonably interferes with, limits, or deprives an individual from participating in or benefiting from the College’s education or employment programs and/or activities. Whether conduct is sufficiently severe, pervasive, or persistent is determined both from a subjective and objective perspective.

Harassing conduct can take many forms. 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 the Reporting Party’s mental or emotional state, with consideration of whether the conduct unreasonably interfered with the Reporting Party’s educational or work performance and/or 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 sexual assault, 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 harassment may include such conduct as: direct or implied threats that submission to sexual advances will be a condition of employment, work status, promotion, grades, or letters of recommendation; direct unwelcome propositions of a sexual nature; unwelcome subtle pressure for sexual activity, an element of which may be repeated requests for private meetings without an academic or employment purpose; and patterns of conduct which would discomfort and/or humiliate a reasonable person at whom the conduct was directed and which include one or more of the following: (1) unnecessary touching, patting, hugging, or brushing against a person’s body; (2) remarks of a sexual nature about a person’s clothing or body, whether or not intended to be complimentary; (3) remarks about sexual activity or speculations about previous sexual experience; or (4) other unwelcome offensive comments of a sexual nature, including sexually explicit statements, questions, jokes or anecdotes or certain unwelcome and offensive visual displays of sexually oriented images outside the educational context, including letters, notes, or electronic mail.

Harassment may be committed by anyone, regardless of gender, age, position or authority. While there is often a power differential between two persons, perhaps due to differences in age, social, educational, or employment relationships, harassment can occur in any context. Harassment includes harassment of women by men, of men by women, and of any gender or identification by the same gender and/or identification. It may affect the Reporting Party and/or third parties who witness or observe harassment and are affected by it.

3.  Non-Consensual Sexual Contact

Non-Consensual Sexual Contact is:

  • any intentional sexual touching,
  • with any object or body part,
  • by any person upon any person,
  • without consent.

Sexual Contact includes but is not limited to: intentional contact with intimate parts of another, causing another to touch one’s intimate parts, or disrobing or exposure of another without permission. Intimate parts may include the breasts, genitals, buttocks, groin, mouth, or any other part of the body that is touched in a sexual manner.

4.  Non-Consensual Sexual Penetration

Non-Consensual Sexual Penetration is:

  • any sexual penetration,
  • with any object or body part,
  • by any person upon any person,
  • without consent.

Sexual penetration includes but is not limited to: vaginal penetration by a penis, object, tongue or finger; anal penetration by a penis, object, tongue, or finger; and oral copulation (mouth to genital contact or genital to mouth contact), no matter how slight the penetration or contact.

5.  Sexual Exploitation

Sexual Exploitation is:

  • taking non-consensual or abusive sexual advantage of another,
  • for one’s own advantage or benefit,
  • or to benefit or advantage anyone other than the one being exploited.

Sexual Exploitation includes, but is not limited to: invasion of sexual privacy; prostitution of another person; non-consensual video or audio-recording of sexual activity; sharing private sexual materials, such as video or pictures, without the consent of all involved parties; engaging in voyeurism; knowingly transmitting an STI or HIV to another person; exposing one’s genitals in non-consensual circumstances; inducing another to expose their genitals; or inducing incapacitation with the intent to make one vulnerable to non-consensual sexual activity.

6.  Intimate Partner Violence

Intimate partner violence is often referred to as dating violence, domestic violence, or relationship violence. Intimate partner violence is:

  • any act of violence or threatened act of violence against a person who,
  • is, or has been, involved in a sexual, dating, domestic, or other intimate relationship with the Responding Party.

Intimate partner violence includes but is not limited to: physical violence, sexual violence, emotional violence, and economic abuse. It may involve one act or an ongoing pattern of behavior. Intimate partner violence may take the form of threats, assault, property damage, or violence or threat of violence to one’s self, to one’s sexual or romantic partner, or to the family members or friends of the sexual or romantic partner. Intimate partner violence affects individuals of all genders, gender identities, gender expressions, and sexual orientation and does not discriminate by racial, social, or economic background.

Verbal abuse is the extreme or excessive use of language, often in the form of insults, name-calling, and criticism, designed to mock, shame, embarrass, or humiliate the other intimate partner. Verbal abuse often has the aim of diminishing the reporting party’s self-esteem, dignity, or security. Like other forms of verbal sexual harassment, the alleged verbal behavior must be: (1) objectively offensive and (2) sufficiently severe, persistent, or pervasive. Physical violence or abuse occurs when one intentionally or recklessly (1) causes bodily harm; (2) attempts to cause another bodily harm; or (3) puts another in fear of imminent bodily harm. Other forms of physical abuse include keeping an intimate partner captive, preventing them from leaving, or otherwise restraining them against their will.

Emotional and psychological abuse involves a persistent pattern or prolonged climate of dominating or controlling behavior, often involving some type of power imbalance. The abuser’s behavior is often intended to terrorize, intimidate, isolate, or exclude an intimate partner, and can often result in measurable psychological harm, such as depression, anxiety, or post-traumatic stress symptoms. Common forms include gaslighting, double binds, body shaming, dominating, emotional blackmail, hidden daggers, baiting, infantilization, and dozens of other commonly recognized tactics

7.  Stalking

Stalking is governed by this Policy when it is sex or gender-based.  Stalking is:

  • a course of physical or verbal conduct directed at another individual,
  • which could reasonably be regarded as likely to alarm, harass, or cause fear of harm or injury to that person or to a third party.

A course of conduct consists of at least two acts. The feared harm or injury may be physical, emotional, or psychological or related to one’s personal safety, property, education, or employment. Stalking includes cyber-stalking, a particular form of stalking in which electronic media such as the Internet, social networks, blogs, cell phones, texts, or other similar devices or forms of contact are used to pursue, harass, or make unwelcome contact with another person in an unsolicited fashion. Stalking may include but is not limited to pursuing, following, waiting for, surveilling/monitoring, or showing up uninvited at or near a residence, workplace, classroom, or other place frequented by the individual. Other examples of tactics and actions that could constitute stalking include unwelcome cards, letters, flowers, or presents; watching or following from a distance or spying with a listening device, camera, or global positioning system (GPS); installing tracking apps or keystroke recorders on electronic devices; approaching or showing up in places such as the target’s home, workplace, or school when unwelcome; leaving strange or potentially threatening items for the target to find; sneaking into the target’s home or car; and doing things to scare the target or let the target know the stalker has been there.

VI. Resources

The College is committed to treating all members of the community with dignity, care, and respect. Any individual who experiences or is affected by Prohibited Conduct, whether as a Reporting Party, a Responding Party, or a third party, will have equal access to support and counseling services through the College. Interim measures (supportive and protective) are also available to all parties (see Section VIII of this Policy).

The College recognizes that deciding whether and how to make a report to the College or law enforcement can be difficult decisions. Making a report means telling someone in authority what happened, whether in person, by telephone, in writing, or by email. All individuals are encouraged to seek the support of campus and community resources. These trained professionals can provide guidance in making decisions, information about available resources and procedural options, and assistance to either party in the event that a report and/or resolution under this Policy is pursued. Individuals are encouraged to use all available resources on and off campus, regardless of when or where the incident occurred.

There are many resources available on campus and in the surrounding community. As detailed below, there are Confidential Resources that by law cannot share information without the consent of the individual seeking assistance. There are also a variety of College resources that will be discreet and private but are not considered confidential. These resources will maintain the privacy of an individual’s information within the limited circle of those involved in the resolution of a complaint under this Policy. For more information about the difference between privacy and confidentiality, see Section IV of this Policy.

A.    Confidential Resources

HMC encourages all community members to make a prompt report of any incident of Prohibited Conduct to the College and, in the case of incidents involving sexual violence, to law enforcement as well. For individuals who are not prepared to make a report, or who may be unsure what happened but are still seeking information and support, there are several legally-protected, confidential resources available as designated below. These confidential resources will not share information with the College or anyone else without the individual’s permission.

On Campus Confidential Resources:

Monsour Counseling and Psychological Services
Phone: 909.621.8202
Office: Tranquada Student Services Center, 1st Floor
Hours: Monday–Friday, 8 a.m.–5 p.m. (for after-hours emergencies, call Campus Safety)
Website: Monsour Counseling and Psychological Services

EmPOWER Center Sexual Assault & Intimate Partner Violence Resource Center
Phone: 909.607.2689
Office: 1030 Dartmouth Ave.
Hours: Monday–Friday, 8 a.m.–5 p.m.
Contact: Rima Shah at RShahEmPOWER@cuc.claremont.edu or 909.607.0690

McAlister Center Office of the Chaplains
Phone: 909.621.8685
Office: McAlister Center for Religious Activities
Hours: Monday–Friday, 8 a.m.–5 p.m.
Website: Chaplains

Off Campus Confidential Resources:

Project Sister Family Services Crisis Hotline*
Hotline: 909.626.HELP (4357)
Hours: 24/7
Website: Project Sister

Project Sister Family Services Walk-in Counseling*
Phone: 909.966.4155
Email: info@projectsister.org
Office: 363 S. Park Ave. #303
Hours: Monday–Thursday, 5–7 p.m.
Website: Project Sister walk-in clinic

House of Ruth Hotline* (Dating violence)
Hotline: 877.988.5559
Hours: 24/7
Website: House of Ruth

Love is Respect National Dating Abuse Hotline*
Hotline: 866.331.9497
Text: “loveis” to 22522
Online: Love is Respect: Chat With Us
Website: Love is Respect

National Domestic Violence Hotline*
Hotline: 800.799.7233
Hours: 24/7
Website: National Domestic Violence Hotline

RAINN National Sexual Assault Crisis Hotline*
Hotline: 800.656.4673
Hours: 24/7
(This hotline will transfer you to a local crisis hotline based on your phone’s area code.)
Website: RAINN
RAINN National Sexual Assault Crisis Online Chat*
Website: RAINN Online Chat
Hours: 24/7

Love is Respect National Dating Abuse Hotline*
Hotline: 866.331.9497
Text: “loveis” to 22522
Online: Love is Respect: Chat With Us
Website: Love is Respect

B.    Medical Resources

A medical provider can provide emergency and/or follow-up medical services. A medical exam has two goals: first, to diagnose and treat the full extent of any injury or physical effect (including prevention of sexually transmitted illnesses and pregnancy) and second, to properly collect and preserve evidence. There is a limited window of time following an incident of sexual assault to preserve physical and other forms of evidence. See Appendix C (What to Do If You Experience a Sexual/Gender Violence), to this Policy for additional information.

Taking the step to gather evidence immediately does not commit an individual to any particular course of action. The decision to seek timely medical attention and gather any evidence will, however, preserve the full range of options to seek resolution under this Policy or through the pursuit of criminal prosecution.

On campus, the Student Health Service can provide medical care but is not equipped for forensic examinations.

The medical facility closest to HMC which is equipped to provide emergency care and provide sexual assault sexual exams is:

Pomona Valley Hospital Medical Center (“PVHMC”)
1798 North Garey Avenue
Pomona, CA 91767
Phone: 909.865.9500
Emergency Room: 909.865.9600

PVHMC is also a Los Angeles County designated Sexual Assault Team Center (“SART”). A SART is a trauma informed/survivor sensitive program designed to provide a team approach to responding to sexual assaults.

C.    Additional Campus Resources

In addition to the Title IX team and the resources listed above, HMC community members have access to a variety of other resources provided by the College. The staff members listed below are trained to support individuals affected by sexual violence and to coordinate with the Title IX Coordinator consistent with the College’s commitment to a safe and healthy educational environment.

HMC On-Call Dean
An on-call dean is available for assistance outside of normal business hours by contacting Campus Safety and asking to be connected to the HMC on-call dean at 909.607.2000.

Campus Safety
Phone 909.621.8170
Office: Pendleton Business Building
Hours: 24/7
Website: Campus Safety

Health Education Outreach, The Claremont Colleges Services
Phone: 909.607.3602
Office: Tranquada Student Services Center, 1st Floor
Hours: Monday–Friday, 10 a.m.–5 p.m. Wednesday, 10 a.m.–7:30 p.m. (for after-hours emergencies, call Campus Safety)
Special services: free, anonymous HIV testing (Tuesdays, 11 a.m.–12:40 p.m.)
Website: Health Education Outreach

Student Health Services
Phone: 909.621.8222
Office: Tranquada Student Services Center, 1st Floor
Hours: Monday, Tuesday, Friday, 8 a.m.–5 p.m.
Wednesday, 8 a.m.–7 p.m.
Thursday, 9 a.m.–5 p.m.
(for after-hours emergencies, call Campus Safety)
Special services: STI testing, confidential HIV testing, contraception and counseling, emergency contraception/Plan B, pregnancy testing and counseling
Website: Student Health Services

HMC Employee Assistance Program, Optum (for eligible faculty and staff)
800.234.5465
Live and Work Well (access code claremontcolleges)

If you are a victim or survivor of sexual misconduct, the sooner you seek help, the more options you have available to you. The following steps are important to take as soon as possible.

VII. Reporting

The College encourages all individuals to seek assistance from a medical provider and/or law enforcement immediately after an incident of sexual violence. This is the best option to ensure preservation of evidence and to begin a timely investigative and remedial response.

The College also encourages all individuals to make a report to the College and law enforcement. The College will provide assistance in notifying law enforcement if the individual so chooses. An individual who experiences sexual violence also has the right to decline to notify law enforcement.

Making a report to the College and law enforcement are not mutually exclusive. Both internal and criminal reports may be pursued simultaneously. The College has a strong interest in supporting individuals who have been subjected to sexual violence and other forms of Prohibited Conduct.

Making a report means telling someone in authority what happened, whether in person, by telephone, in writing, or by email. At the time a report is made, a Reporting Party does not have to decide whether or not to request any particular course of action, nor does a Reporting Party need to know how to label what happened. Choosing to make a report, and deciding how to proceed after making the report, can be a process that unfolds over time.

The College provides support that can assist each individual in making these important decisions and, to the extent legally possible, will respect an individual’s autonomy in deciding how to proceed. In this process, the College will balance the individual’s interest with its obligation to provide a safe and non-discriminatory environment for all members of the College community.

Any individual who reports Prohibited Conduct can be assured that all reports will be investigated and resolved in a fair and impartial manner. A Reporting Party, a Responding Party, and all individuals involved can expect to be treated with dignity and respect. Upon any report under this Policy, the College will make an immediate assessment of any risk of harm to the Reporting Party or to the broader campus community and will take reasonable steps necessary to address those risks. Such steps will include interim measures to provide for the safety of the individual and the campus community.

A.    Emergency and External Reporting Options

HMC strongly encourages all individuals who experience any form of sexual or intimate partner violence to contact the Claremont Police Department immediately.  The Claremont Police Department can be reached by calling Campus Safety if one is on campus (909-607-2000) or by dialing 911 if one is off campus.

An on-call dean is also available to respond to calls for assistance outside of normal business hours and can be reached by calling Campus Safety (909.607.2000) and requesting to be connected to the HMC on-call dean.

As indicated above, the medical facility nearest to HMC which is equipped to provide emergency care is Pomona Valley Hospital Medical Center.

Reporting Parties may also pursue civil remedies (including a temporary restraining order or injunctive relief) from a court of law or file an administrative complaint with a government agency. For more information concerning external complaint resolution options, see Appendix B to this Policy for more information concerning External Complaint Resolution Options.

B.    Campus Reporting Options

Reports concerning conduct prohibited under this Policy should be submitted to the Title IX Coordinator, a Deputy Title IX Coordinator, or a “responsible employee” by telephone, by e-mail, or in person as soon as possible after an incident. Reports may be submitted to the Title IX Team online at: https://cm.maxient.com/reportingform.php?HarveyMuddCollege&layout_id=2.

Reports may also be submitted to:

Campus Safety
Phone 909.621.8170
Office: Pendleton Business Building
Hours: 24/7
Website: Campus Safety

C.    Anonymous Reporting

Any individual may make an anonymous report concerning an act of Prohibited Conduct. An individual may report the incident without disclosing their name, identifying the Responding Party, or requesting any action. The College’s ability to respond to an anonymous report may, however, be limited depending on the extent of information available about the incident or the individuals involved.

All reports go to the Title IX Coordinator or Campus Safety. The links to these reporting pages are respectively (1) Title IX Incident Report Form – Sexual Harassment and/or Sexual Misconduct and (2) Silent Witness Incident Reporting.

Upon receiving an anonymous report, the Title IX Coordinator will determine any appropriate steps, including individual or community remedies as appropriate, in consultation with the Assistant Vice President of Campus Safety and in compliance with all Clery Act obligations.

D.    Reporting Considerations: Timeliness and Location of Incident

Reporting Parties and third parties are encouraged to report Prohibited Conduct as soon as possible to maximize the College’s ability to respond promptly and effectively.

There is no time limit for making a report involving Prohibited Conduct, but HMC’s ability to respond may diminish over time, as evidence may erode, memories may fade, and Responding Parties may no longer be affiliated with HMC.

An incident need not occur on campus to be reported to the College. Off-campus conduct that is likely to have a substantial effect on the Reporting Party’s on-campus life and activities, or which poses a threat or danger to members of the HMC community, may also be addressed under this Policy.

If the Responding Party is not a member of the HMC community, the College will still seek to take steps to end the harassment, prevent its recurrence, and address its effects, though HMC’s ability to take disciplinary action against the Responding Party may be limited.

E.    Amnesty for Alcohol or Other Drug Use

HMC encourages the reporting of prohibited conduct under this Policy. It is in the best interest of the College community that as many Reporting Parties as possible choose to report to College officials, and that witnesses come forward to share what they know. To encourage reporting, an individual who reports Prohibited Conduct, either as a Reporting Party or a third-party, will not be subject to disciplinary action by the College for their own personal consumption of alcohol or drugs at or near the time of the incident, provided that any such violations did not and will not place the health or safety of any other person at risk. The College may, however, initiate an educational discussion or pursue other educational remedies regarding alcohol or other drugs.

F.    Coordination with Law Enforcement

As explained above, the College will assist a person who experiences sexual or intimate partner violence, or other forms of Prohibited Conduct which may constitute a crime, in making a criminal report and will cooperate with law enforcement agencies if an individual decides to make a criminal complaint.

The burden of proof to establish a violation of this Policy differs from California criminal law. An individual may seek recourse under this Policy and/or pursue criminal action. Neither law enforcement’s determination whether or not to prosecute a Responding Party, nor the outcome of any criminal prosecution, are determinative of whether a violation of this Policy has occurred. Proceedings under this Policy may be carried out prior to, simultaneously with, or following off-campus civil or criminal proceedings.

At the request of law enforcement, the College may agree to defer its complaint resolution process until after the initial stages of a criminal investigation. The College will, nevertheless, communicate with the Reporting Party regarding Title IX rights, procedural options, and the implementation of interim measures to assure the safety and well-being of the Reporting Party. The College will promptly resume its complaint resolution process as soon as it is informed that law enforcement has completed its initial investigation.

G.    Statement Against Retaliation

It is a violation of College policy to retaliate in any way against an individual because they raised allegations of Prohibited Conduct. The College recognizes that retaliation can take many forms, including threats, intimidation, pressuring, continued abuse, violence, or other forms of harm to others; that retaliation may be committed by or against an individual or a group; and that a Reporting Party, Responding Party, or third party may commit or be the subject of retaliation.

The College will take immediate action in response to any report of retaliation and will pursue disciplinary action as appropriate. An individual reporting Prohibited Conduct is entitled to protection from any form of retaliation following a report that is made in good faith, even if the reported Prohibited Conduct is later not proven.

H.    False Reports

The College will not tolerate intentional false reporting of incidents. The College takes the accuracy of information very seriously, as a charge of Prohibited Conduct may have severe consequences. A good-faith complaint that results in a finding of not responsible is not considered a false or fabricated accusation of sexual misconduct. When, however, a Reporting Party or third-party witness is found to have fabricated allegations or given false information with malicious intent or in bad faith, the individual may be subject to disciplinary action. Intentionally making a false report of any policy violation constitutes a violation of the Code of Conduct and may also constitute a violation of state criminal statutes and civil defamation laws.

I.     Reports Involving Minors or Suspected Child Abuse

Under California law, all College employees are required to promptly report suspected child abuse and/or neglect, including sexual assault, when they know or reasonably suspect that a minor under the age of 18 has been the victim of child abuse or neglect. This duty exists regardless of whether the abuse or neglect is observed at work or in our private lives.

All College employees are required to immediately report any suspected child abuse and neglect to one of the numbers set forth below.  If the abuse or neglect involves a member of the College community, the employee should also promptly report the incident to the Title IX Coordinator or a member of the Title IX team. The source of abuse does not need to be known in order to file a report.

It is not the responsibility of any employee, student, or volunteer to investigate suspected child abuse. This is the role of Child Protective Services and law enforcement authorities.

In addition to notifying the Title IX Coordinator or member of the Title IX team, any individual is required to make a direct report if a child is in immediate danger, call 911.

If there is no immediate danger, contact the Los Angeles County Department of Children and Family Services’ Child Protection Hotline, 800.540.4000, or website, https://mandreptla.org/.

VIII. Interim Measures (Supportive & Protective)

A.    Overview

Upon receipt of a report, the College will impose reasonable and appropriate supportive and protective measures (“interim measures”) designed to eliminate the hostile environment and protect the parties involved. The College will make reasonable efforts to communicate with the parties to ensure that all safety, emotional, and physical-well-being concerns are being addressed. Interim measures may be imposed regardless of whether formal disciplinary action is sought by the Reporting Party or the College. The College will consider reasonable requests for remedies by the parties, as evaluated by the Title IX team, and will communicate decisions in writing. Interim measures should be designed to minimize the impact on the parties.

All individuals are encouraged to report concerns about the failure of another individual to abide by any restrictions imposed by an interim measure. The College will take immediate and responsive action to enforce a previously implemented measure.

B.    Range of Measures

Interim measures will be implemented at the discretion of the College. Potential remedies, which may be applied to the Reporting Party and/or the Responding Party, include:

  • Access to on-campus counseling services and assistance with referrals to off-campus care
  • Imposition of a no-contact directive
  • Rescheduling of exams and assignments (in conjunction with appropriate faculty)
  • Providing alternative course completion options (with the agreement of the appropriate faculty)
  • Change in class schedule, including the ability to take an “incomplete,” to drop a course without penalty, or to transfer sections (with the agreement of the appropriate faculty)
  • Change in work schedule or job assignment
  • Change in on-campus housing
  • Arranging to cancel a housing contract and pro-rating a refund in accordance with HMC housing policies
  • Assistance from College support staff in completing housing relocation
  • Limiting an individual or organization’s access to certain College facilities or activities pending resolution of the matter
  • Voluntary leave of absence
  • Providing an escort to ensure safe movement between classes, activities, and employment responsibilities
  • Providing student health services
  • Providing academic support services, such as tutoring
  • Interim suspension or College-imposed leave
  • Any other remedy that can be tailored to the involved individuals to achieve the goals of this Policy

C.    Interim Suspension or Separation

Where the report of Prohibited Conduct poses a substantial and immediate threat of harm to the safety or well-being of an individual, members of the campus community, or the performance of normal College functions, the College may place a student or student organization on interim suspension, or may impose leave for an employee. Pending resolution of the report, the individual or organization may be denied access to the campus, to specific campus facilities, and/or to any College activities or privileges for which they might otherwise be eligible, as the College determines appropriate. When interim suspension or leave is imposed, the College will make reasonable efforts to complete the investigation and resolution within an expedited time frame.

Procedures governing the interim suspension of students are contained in the Student Handbook. Provisions for suspension of faculty members are contained in the Faculty Notebook. Staff may be placed on leave at the discretion of the College.

IX. Complaint Resolution Procedures

A.    Overview

Resolving a complaint against a student, a faculty member, or a staff member will involve the same stages: an initial assessment, and if there is reasonable cause to believe that a violation of this Policy has occurred, either informal or formal resolution. Different resolution procedures are used depending on whether the Responding party is a student, a faculty member, or a staff member.

B.    The Role of the Title IX Team

The Title IX team, led by the Title IX Coordinator, assists in assessing and resolving reports involving violations of this Policy.

Although there are many reporting channels, all reports must be referred to the Title IX team to ensure the consistent application of this Policy and to enable the College to promptly eliminate, prevent the recurrence of, and address the effects of Prohibited Conduct.

The Title IX team’s members are available to both students and employees, and to both Reporting Parties or Responding Parties, to provide guidance throughout the complaint resolution process.

C.    Initial Title IX Assessment

Upon every report of Prohibited Conduct, the College will make an immediate assessment of any risk of harm to individuals or to the campus community and will take steps necessary to address such risks. These steps may include interim protective measures to provide for the safety of the individual and the campus community.

The initial review will proceed to the point where a reasonable assessment of the safety of the individual and of the campus community can be made. Thereafter, if there is reasonable cause to believe that a violation of the Policy has occurred, the matter will be referred for either informal or formal resolution, depending on a variety of factors, such as the nature of the allegation, the Reporting Party’s wish to pursue disciplinary action, and the risk posed to any individual or to the campus community by proceeding formally or informally.

D.    Informal Resolution

Informal resolution is a remedy-based, non-judicial approach designed to eliminate Prohibited Conduct, prevent its recurrence, and remedy its effects in a manner that meets the needs of the Reporting Party and campus community without taking disciplinary action against a Responding Party. In determining whether a matter is appropriate for informal resolution, the Title IX Coordinator will consider a range of factors, including the severity of the alleged Prohibited Conduct and the College’s legal obligations.

Where the Title IX Coordinator concludes that informal resolution may be appropriate, the College will take immediate and corrective action through the imposition of individual and community remedies designed to maximize the Reporting Party’s access to the educational and extracurricular activities at the College and to eliminate a hostile environment. Examples of supportive and protective remedies are provided in Section VIII of this Policy, Interim Measures (Supportive and Protective). Other potential remedies include educational programming or training, direct confrontation of the Responding Party, and/or indirect action by the Title IX Coordinator or the College. Depending on the form of informal resolution used, it may be possible to maintain anonymity.

The College will not compel a Reporting Party to engage in mediation, to directly confront the Responding Party, or to participate in any particular form of informal resolution. Mediation, even if voluntary, may not be used in cases involving sexual violence or assault. The decision to pursue informal resolution will be made when the College has sufficient information about the nature and scope of the conduct, which may occur at any time. Participation in informal resolution is voluntary, and a Reporting Party can request to end early resolution at any time.

The Title IX Coordinator will maintain records of all reports and conduct referred for early resolution. Early resolution will typically be completed within thirty (30) business days of the initial report.

E.    Formal Resolution

Disciplinary action against a Responding Party may only be taken through formal resolution procedures. Different resolution procedures apply depending on whether the Responding Party is a student, faculty member, or staff member, but all procedures are guided by the same principles of fundamental fairness and respect for all parties, which require notice, an equitable opportunity to be heard, and an equitable opportunity to respond to a report under this Policy.

The following formal resolution procedures apply based upon the role of the Responding Party:

  • Where an allegation is made against a student Responding Party, complaints are handled through the processes outlined in Appendix A of this Policy;
  • Where the Responding Party is a faculty member, teaching/research assistant, or staff member, complaints are handled in accordance with HMC’s Prohibited Discrimination and Harassment Policy; and
  • Where there are multiple Responding Parties or a Responding Party with varying statuses, the Title IX Coordinator, in consultation with appropriate administrators, shall determine which procedure(s) will apply.
  • Where the Responding Party is an employee or student from one of the other Claremont Colleges, the Claremont Colleges Services or affiliates (RSABG), HMC will investigate the matter and take steps to stop the conduct and remedy its effects to the extent reasonably possible. Procedures that may lead to the imposition of discipline against the Responding Party will, however, be those of the Responding Party’s home institution.

To determine whether a Responding Party is responsible for a violation of this Policy, HMC applies a preponderance-of-the-evidence standard, meaning that HMC determines whether it is “more likely than not,” based upon all of the evidence, that the Responding Party is responsible for the alleged violation.

F.    Time Frame for Resolution

The College seeks to resolve all reports within sixty (60) business days of the initial report. All time frames expressed in this Policy are meant to be guidelines rather than rigid requirements. Extenuating circumstances may arise which require the extension of time frames, including extension beyond 60 days. Extenuating circumstances may include the complexity and scope of the allegations, the number of witnesses involved, the availability of the parties or witnesses, the effect of a concurrent criminal investigation, any intervening school break or vacation, or other unforeseen circumstances.

In general, a Reporting Party and Responding Party can expect that the process will proceed according to the time frames provided in this Policy. In the event that the investigation and resolution exceed such time frames, the College will notify all parties of the reason(s) for the delay and the expected adjustment in time frames. Best efforts will be made to complete the process in a timely manner by balancing principles of thoroughness and fundamental fairness with promptness.

X. Miscellaneous & Special Provisions

A.    Application of Policy

This Policy applies to all reports of Prohibited Conduct occurring on or after the effective date of this Policy. Where the date of the reported Prohibited Conduct precedes the effective date of this Policy, the definitions of Prohibited Conduct in existence at the time of the report will be used. The complaint resolution process under this Policy will be used to investigate and resolve all reports made or pending on or after the effective date of this Policy, regardless of when the incident(s) occurred.

B.    Advisor/Support Person

The Reporting Party and Responding Party may be assisted and supported, in any meeting or other aspect of the processes and procedures outlined in this Policy, by an advisor/support person (including legal counsel) of her/his choice.

C.    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.

D.    Consensual Relationships

  • 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 supervises or evaluates or over whom he or she exercises authority.

  • Faculty

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 of the Claremont Colleges Services.

E.    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. Certain modifications may, for example, be necessary to allow for the fair and prompt resolution of a complaint when it is received at the end of a term or during a break in the College’s academic schedule.

F.    Records and Record Retention

Record of all reports involving a violation of this Policy, and of the outcomes of such reports, shall be maintained by the Title IX Coordinator for the period of time mandated by applicable law and HMC’s Record Retention Policy.

Should a student or employee be found to have violated this Policy, a record of the complaint and of any disciplinary action taken shall be made part of the student’s conduct record or the employee’s personnel file. Such records shall be used in reviewing any further conduct, or developing sanctions, and shall remain a part of a student’s conduct record or an employee’s personnel record.

When a student is permanently separated from HMC through a disciplinary dismissal, this is noted on the student’s academic transcript. The Division of Student Affairs maintains indefinitely the conduct files of students who have been suspended or dismissed for disciplinary reasons. The conduct files of students who have not been disciplinarily suspended or dismissed are maintained by the Division of Student Affairs for no fewer than seven years from the date of the incident.

G.    Policy Dissemination

The Title IX Coordinator, Dean of Students, and Human Resources Office are responsible for distributing copies of this Policy to members of the HMC community. A notice of nondiscrimination which makes specific reference to this Policy and the College’s Prohibited Discrimination, Harassment & Retaliation Policy shall also be provided to individuals employed by contract to perform services at HMC and to 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.

H.    Policy Sources

California Education Code (Cal. Ed. Code §§ 200, et seq.; 66250, et seq.; 94385); California Fair Employment and Housing Act (Cal. Gov’t Code §§ 12900, et seq.); Title VII of the Civil Rights Act of 1964 (42 U.S.C. §§ 2000e, et seq.); Title IX of the Education Amendments of 1972 (20 U.S.C. §§ 1681, et seq.); Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act (20 U.S.C. §§ 1092(f), et seq.); Violence Against Women Reauthorization Act of 2013 (Pub. Law 113-4).

Appendix A: Procedures for Resolving Complaints Against Students

Overview

Harvey Mudd College (“HMC” or “College”) will take prompt and appropriate action to address all student reports of Prohibited Conduct (as defined in section II.A of the HMC Sexual Misconduct and Complaint Resolution Policy (“Policy”)) in violation of the Policy. The Reporting Party (as defined in section II.B of the Policy), Responding Party (as defined in section II.B of the Policy), and all other participants in the process will be treated with dignity, care, and respect.

Advisor/Support Person

A Reporting Party, Responding Party, or witness (as defined in Section II.B of the Policy) may have an advisor/support person of their choice with them at all meetings and any hearing that they attend in connection with the procedures outlined below.

The advisor/support person may be a friend, mentor, family member, attorney, member of the Claremont Colleges community, or any other person, as long as they are not also a witness or otherwise a participant in the complaint resolution proceedings.

An advisor/support person may not make a presentation or represent the Reporting Party or Responding Party during any meeting or proceeding, except as otherwise provided herein. During any meeting or proceeding, the adviser/support person is present to observe and provide support and counsel to the party.

Although reasonable attempts will be made to schedule proceedings consistent with the advisor/support person’s availability, the process will not be delayed to schedule the proceedings at the convenience of the support person. The Title IX Coordinator has the right at all times to determine what constitutes appropriate behavior on the part of an adviser/support person and to take appropriate steps to ensure compliance with the Policy and these procedures.

Initial Assessment

Upon receipt of a report of Prohibited Conduct committed by a student, the Title IX Coordinator or a Deputy Title IX Coordinator will make an initial assessment of the report, which will include an immediate assessment of any risk of harm to individuals or to the campus community, and will take steps necessary to address any such risks.

During an initial intake meeting with the Reporting Party, the Coordinator will:

  • Assess the immediate physical safety and emotional well-being of the Reporting Party or any other individual involved, and make medical referrals as appropriate;
  • Inform the Reporting Party of the right to notify (or decline to notify) law enforcement if the conduct is potentially criminal in nature, and the importance of the preservation of evidence;
  • Make inquiries to understand the key facts upon which the Reporting Party bases the report (e., the who, what, where, and when) to appropriately assess how to proceed;
  • Assess the reported conduct to determine whether, under applicable federal law, the campus community should be notified;
  • Discuss the range of interim measures (support and protective) available to the Responding Party, including changes to academic, living, transportation, and/or working situations, regardless of whether the Reporting Party files a formal complaint with HMC or local law enforcement;
  • Provide the Reporting Party with written information about on- and off-campus resources and about the options for resolution, including informal and formal resolution procedures under the Policy;
  • Discuss the Reporting Party’s expressed preference for a manner of resolution and wishes with regard to protecting privacy;
  • Explain to the Reporting Party the College’s policy prohibiting retaliation;
  • Notify the Reporting Party of the right to be accompanied to any meeting by an advisor/support person of choice;
  • Determine the respective ages of the Reporting Party and Responding Party, and if one is a minor, make the appropriate notifications under California’s child abuse and neglect reporting requirements; and
  • If the conduct is potentially criminal in nature, arrange to enter non-identifying information about the report into the College’s daily crime log.

The Coordinator may also meet with the Responding Party and other relevant parties as part of the initial assessment. If the Coordinator meets with the Responding Party, the Responding Party will be provided with information on the Responding Party’s rights and options under the Policy and these procedures, and with written materials about the availability and contact information of on- and off-campus support resources.

At the conclusion of the intake process, the Title IX Coordinator, or the Deputy Title IX Coordinator in consultation with the Title IX Coordinator, will make two threshold determinations: (1) whether the Reporting Party alleges conduct that, if true, could constitute a violation of this Policy, and (2) if so, whether the College should proceed through informal or formal resolution procedures.

If the first threshold is not met, the Reporting Party will be so advised, and the College will not proceed further. The College will, however, maintain a record of the report which may be considered in connection with any future complaint or investigation. If new evidence is provided at a later date, the Title IX Coordinator may reopen the complaint resolution process.

If the Reporting Party wishes to appeal a determination that the first threshold is not met, the Reporting Party may do so by submitting a written request for review to the Vice President for Student Affairs and Dean of Students (Dean of Students) within five (5) business days of receiving notification of the determination. The Dean of Students (or designee) will render a decision in writing within ten (10) business days of receiving the request for review. The decision of the Dean of Students (or designee) is final.

Notice to the Responding Party

When a decision is made to initiate complaint resolution procedures, to impose interim measures (as defined in Section VIII of the Policy), or to take any other action that impacts a Responding Party, the Title IX Coordinator will ensure that the Responding Party is promptly notified in writing and is provided with information concerning the Responding Party’s rights and options under the Policy and these procedures, and with written materials about the availability and contact information of on- and off-campus support resources.

The written notice will state facts sufficient to apprise the Responding Party of the nature of the allegations, including the Reporting Party’s name; the nature of the alleged policy violation(s) (e.g., sexual assault, harassment, exploitation, retaliation); the date(s) of the alleged policy violation(s); the location(s) where the violation(s) allegedly occurred; a brief description of the allegations; and the sanctions that may be imposed if the Responding Party is found to have violated the Policy.

The notice will also include a statement that the Responding Party is presumed not responsible for the alleged conduct, and that a determination regarding responsibility will be made at the conclusion of the process.

The Reporting Party will also receive a copy of the notice.

Informal Resolution

If, following the initial assessment, the first threshold is met, the Title IX Coordinator will determine whether informal resolution is an option for dealing with the matter. Informal resolution is a remedy-based, non-judicial approach designed to eliminate Prohibited Conduct, prevent its recurrence, and remedy its effects in a manner that meets the needs of the Reporting Party and campus community without disciplinary action against a Responding Party. In determining whether the matter is appropriate for informal resolution, the Title IX Coordinator will consider a range of factors, including the severity of the alleged Prohibited Conduct and the College’s legal obligations.

Where the Title IX Coordinator concludes that informal resolution may be appropriate, the College will take immediate corrective action through the imposition of individual and community remedies designed to eliminate a hostile environment and maximize the Reporting Party’s access to educational and extracurricular activities at the College. Examples of supportive and protective remedies are provided in Section VIII of the Policy, Interim Measures (Supportive and Protective). Further potential remedies include targeted or broad-based educational programming or training, direct confrontation of the Responding Party, and/or indirect action by the Title IX Coordinator or the College. Depending on the form of informal resolution used, it may be possible to maintain anonymity.

The College will not compel a Reporting Party to engage in mediation, to directly confront the Responding Party, or to participate in any particular form of informal resolution. Mediation, even if voluntary, may not be used in cases involving sexual violence or assault. The decision to pursue informal resolution will be made whenever the College has sufficient information about the nature and scope of the conduct, which may occur at any time. Participation in informal resolution is voluntary, and a Reporting Party can request to end early resolution at any time.

The Title IX Coordinator will maintain records of all reports and conduct referred for early resolution. Early resolution will typically be completed within thirty (30) business days of the initial report.

Formal Resolution

If, following the initial assessment, the first threshold is met, the Reporting Party alleging Prohibited Conduct may elect to pursue a formal resolution. Options for formal resolution include a conduct conference resolution or an investigative resolution (which involves an investigation, a hearing, sanctions if applicable, and appeal).

Conduct Conference Resolution

A conduct conference provides an opportunity for the Responding Party to accept responsibility for their alleged conduct and proceed to a resolution without a formal investigation or hearing. If the Responding Party agrees to a conduct conference, the Title IX Coordinator will meet with the Responding Party to review the allegations. The Title IX Coordinator will provide the Responding Party with information about the Responding Party’s rights, information about options under the Policy and these procedures, and written materials about the availability and contact information of campus resources and services. The Title IX Coordinator will offer the Responding Party the opportunity to resolve the complaint through an administrative resolution by accepting responsibility for the alleged conduct. If the Responding Party elects to acknowledge that the alleged conduct occurred and takes responsibility for the alleged conduct, the Responding Party will sign a written acknowledgement, and the matter will be referred to the Dean of Students (or designee) for a decision concerning sanctions and any other remedial action that may be appropriate. The Reporting Party and Responding Party will be notified of the resolution and any sanctions against the Responding Party simultaneously, in writing. Either party may appeal the sanctions imposed, as provided in Section VIII, below

If the Responding Party contests responsibility for the alleged conduct, the conduct conference process will be concluded, and the matter will be referred for investigative resolution.

Investigative Resolution

As noted above, investigative resolution involves an investigation, a hearing, sanctions if applicable, and appeal.

Investigation

A. The Title IX Coordinator will either undertake an investigation of the complaint or select an internal or external investigator, or two-person investigative team (which may include two internal investigators, two external investigators, or a combination of one internal and one external investigator), to conduct an investigation. The investigator shall have specific training and experience investigating allegations of sexual harassment and sexual misconduct. The parties will have three (3) business days after being notified of the investigator’s identity to object to the investigator’s selection on the basis of perceived conflict of interest, bias, or prejudice. If either of the parties objects to the investigator selected, the Title IX Coordinator will evaluate whether the objection is substantiated, and if so, the Title IX Coordinator will remove and replace the investigator.

B. The investigator typically will meet separately with the parties and pertinent witnesses; offer the parties equal opportunity to submit and/or identify relevant information or evidence and to suggest questions to be posed to the other party or witnesses; and gather other relevant information or evidence reasonably available to the investigator and College, including documents, photographs, disciplinary history, social media, communications between the parties, medical records (with appropriate consent), and other electronic records as appropriate. Following the interview, each person will be provided with a draft summary of their statement so that they have the opportunity to comment on the summary and ensure its accuracy and completeness.The investigator will review all information identified or provided by the parties and any other evidence obtained, and will determine the relevance and probative value of the information developed or received during the investigation. Witnesses must have observed the acts in question or have information relevant to the incident and may not participate solely to speak about an individual’s character.

The Responding Party will be informed in writing if, during the investigation, conduct is disclosed which may constitute a further violation of this Policy, and will be afforded an opportunity to respond before the investigation is concluded.

All evidence obtained as part of the investigation will be shared with the parties for their review and comment as described below.

C. The preliminary investigation report shall include the investigator’s summary of the investigation, the allegations at issue, disputed and undisputed facts, and all evidence including witness statements. The investigator will not state an ultimate finding of whether the Responding Party has or has not violated the Policy. The investigator shall submit the preliminary investigation report to the Title IX Coordinator. Once the Title IX Coordinator has agreed that the preliminary investigation is complete, the Title IX Coordinator will make the preliminary investigation report available to the parties simultaneously for review.

D. Within ten (10) calendar days after receiving the preliminary investigation report, both parties may provide written comments on the report, which may include proposing any follow-up questions for the other party or any witness, requesting a follow-up interview with the investigator to clarify or provide any additional information that such party believes is relevant to the investigation, identifying any new witnesses who should be interviewed, identifying any additional evidentiary materials that should be collected and reviewed to the extent that such items are reasonably available, and/or identifying and objecting to any information that such party believes was inappropriately included in the preliminary investigation report. The parties’ comments will be attached to the final report. If the comments suggest that additional interviews or the consideration of additional material evidence is needed, the investigator, in consultation with the Title IX Coordinator, may determine that the investigation process will be extended.

E. After addressing any timely comments and updating the preliminary investigation report as necessary, or after the comment period has elapsed without comment, the Investigator will prepare a final investigation report that will contain all information from the preliminary report, supplemented by any additional information gathered. The final investigation report will not include an ultimate finding of whether the Responding Party has or has not violated the Policy; if, however, if the Responding Party admits responsibility for a violation of the Policy, the investigator’s final investigation report will so indicate.

F. The investigator shall submit the final investigation report to the Title IX Coordinator. Once the Title IX Coordinator has agreed that the final investigation report is complete, the Title IX Coordinator will make the final investigation report available simultaneously to the parties. The parties will also be provided with information concerning next steps.

G. Given the sensitive nature of the information provided in the preliminary and final investigation reports, the Title IX Coordinator may elect to provide the parties access to the preliminary and/or final investigation reports in a secure manner (g., by providing hard-copy materials in an office designated by the Title IX Coordinator, by providing digital copies of the materials through a protected “read-only” web portal). Neither the Reporting Party nor the Responding Party (nor the advisor/support person of either, including but not limited to family members and/or legal counsel) may copy, remove, photograph, print, image, videotape, record, or in any other manner duplicate or remove the information provided.

H. HMC will strive to complete the investigation (meaning the period from commencement of an investigation through completion of the final investigation report) within thirty (30) calendar days. This time frame may be extended as necessary to ensure the integrity and completeness of the investigation, depending on the availability of witnesses and/or the complexity of the circumstances.

I. At the request of law enforcement, the College may agree to defer its complaint resolution process until after the initial stages of a criminal investigation. The College will, nevertheless, communicate with the parties, consistent with law enforcement’s request and the College’s obligations, about resources and support, procedural options, anticipated timing, and the implementation of any necessary interim measures for the safety and well-being of all affected individuals. The College will promptly resume its complaint resolution process as soon as the College is informed that law enforcement has completed its initial investigation.

Hearing

A. If a hearing is requested or required, the parties will have ten (10) calendar days after receiving the final investigation report to review the final investigation report and provide a response to the Title IX Coordinator. The Title IX Coordinator will ensure that each of the parties receives any response submitted by the other party.

B. The hearing is an opportunity for the parties to address a hearing panel or hearing officer in person and to question the other party and/or witnesses, and for the hearing panel or hearing officer to obtain information following the investigation which is necessary for a determination of whether a violation of the Policy occurred. The hearing is not intended to be a repeat of the investigation. The hearing panel or hearing officer will be well-versed in the facts of the case based upon the final investigation report and the Parties’ responses to the report, if any.

C. The Dean of Students, in consultation with the Title IX coordinator, shall appoint a three-person hearing panel and shall appoint one of the hearing panel’s members to serve as the panel chair. The panel shall be drawn from a pool of faculty and campus administrators who participate in annual training on non-discrimination, the dynamics of sexual harassment, sexual violence and other forms of Prohibited Conduct, the factors relevant to a determination of credibility, the appropriate manner in which to receive and evaluate sensitive information, the manner of deliberation, evaluation of consent and incapacitation, the application of the preponderance of the evidence standard, the College’s policies and procedures, and such other subject matter as may be required by law. The Title IX Coordinator will coordinate the training in conjunction with campus and external partners.

D. The Dean of Students, in consultation with the Title IX Coordinator and appropriate administrators, may elect to engage a qualified external hearing officer either to assist the hearing panel in the conduct of the hearing or to serve as the hearing officer in lieu of a panel. In determining whether to select a hearing officer, the Dean of Students will consider the nature of the allegations, the complexity of the case, whether there is any issue of conflict of interest, the availability of trained panel members, whether the College is in session or on break, and any other relevant factors.

E. The Title IX Coordinator will schedule a hearing date, time, and location and provide the Parties with at least ten (10) calendar days’ prior written notice of the hearing. The parties will also be provided with the names of the panel members and/or of any hearing officer. The parties will have three (3) business days after being notified of the identity of the panel and/or hearing officer to object to such person(s) on the basis of actual or perceived conflict of interest, bias, or prejudice. The Title IX Coordinator will evaluate whether the objection is substantiated, and if so, the Dean of Students, in consultation with the Title IX Coordinator, will remove and replace the panel member(s) and/or hearing officer.

F. In advance of the hearing, the Title IX Coordinator will contact the Reporting Party and Responding Party to schedule a separate pre-hearing meeting with each party. At the pre-hearing meeting, each party will receive an explanation of the hearing process and have the opportunity to ask any questions. If the Reporting Party and/or Responding Party have elected to have advisors/support persons throughout the hearing process, the advisor/support person is encouraged to accompany the Reporting Party/Responding Party to the pre-hearing meeting.

G. The hearing panel/officer has broad discretion to determine the hearing format. However, in all instances where a Responding Party faces severe disciplinary sanctions (e., expulsion or suspension) and the credibility of a witness (whether the Reporting Party, another witness, or both) is central to the adjudication of the allegation, the hearing panel/officer shall permit cross-examination of the parties and witnesses. Neither party shall be allowed to directly question or cross-examine the other during the hearing.

At least five (5) calendar days prior to the hearing, both parties shall submit in writing to the hearing panel/officer any questions that a party would like the hearing panel/officer to ask of the other party or of witnesses. The hearing panel/officer will decide whether the submitted questions are relevant to the matter and otherwise appropriate. This does not preclude either party from submitting questions during the hearing for the hearing panel/officer to ask of a party or witness.

The hearing panel/officer shall have the discretion to permit the parties’ advisor/support person to cross-examine the other party and witnesses. Any request to permit a party’s advisor/support person to cross-examine parties and/or witnesses should be submitted to the hearing panel/officer at least five (5) calendar days prior to the hearing.

In addition, five (5) calendar days prior to the hearing, the parties shall provide, for consideration by the hearing panel/officer, the names of any witnesses the parties suggest be called. Witnesses must have observed the conduct in question or have information relevant to the incident and may not be called solely to speak about an individual’s character. In general, neither party will be permitted to call as a witness anyone who was not interviewed by the investigator as part of the investigation.

The hearing panel/officer shall decide the appropriateness of the potential identified witnesses and shall notify the parties prior to the hearing of the reasoning why any proffered witness would not be appropriate to call as a witness.

The hearing panel/officer shall likewise submit to the parties the names of additional witnesses who the hearing panel/officer would like to appear at the hearing. Although good-faith attempts shall be made by the College to secure the attendance of all requested and approved witnesses, the parties must recognize that the College does not have the power to subpoena witnesses to appear, and that accordingly, the College, through the Title IX Coordinator, will only be able to use good-faith efforts and HMC’s own policies regarding cooperation to obtain the attendance of witnesses.

I. A typical hearing may include brief opening remarks by the hearing panel chair or hearing officer; questions posed by the hearing panel/officer to one or both of the parties; follow-up questions by one party to the other (typically with the Responding Party questioning the Reporting Party first); questions by the hearing panel/officer to any witness including the investigator; and follow-up questions by either party (typically with the Responding Party questioning the witness first). The hearing panel/officer also will afford either Party an opportunity to offer closing remarks at the end of the hearing. Offering closing remarks is completely voluntary.

J. The hearing is closed to all persons except the parties, the parties’ respective advisors/support persons, appropriate witnesses while they are testifying, the Title IX Coordinator, and any person designated by HMC to serve as a hearing coordinator and/or note taker. Other than cross-examining the witnesses and the other party with the consent of the hearing panel/officer, advisors/support persons may not participate directly in, or interfere with, the proceedings. A record of the hearing, ordinarily in the form of a tape recording, will be made. Any such recording is College property. No other recording of the hearing is permitted.

K. As reasonable and appropriate, and based on the requests of the parties, the Title IX Coordinator will structure the hearing format to minimize or avoid any undue stress or burden on each party and to allow each party to hear the other’s statement (such as participation by Skype, teleconference, or other means).

L. At any time prior to the close of the hearing, the parties may submit an impact or mitigation statement, no longer than 1,500 words, which will be considered by the hearing panel/officer and the Dean of Students (or designee) only upon a finding of responsibility for the alleged Policy violation. An impact statement is a written statement from the Reporting Party in which the Reporting Party describes the impact of the alleged Policy violation on the Reporting Party, expresses the Reporting Party’s preferences regarding appropriate sanctions, and identifies any aggravating circumstances that the Reporting Party wishes the hearing panel/officer to consider. A mitigation statement is a written statement from the Responding Party in which the Responding Party explains any factors that the Responding Party believes should mitigate, or otherwise be considered in determining, the sanctions imposed. Impact and mitigation statements should be sent to the Title IX Coordinator, who will forward the submissions to the hearing panel/officer and ensure that each of the parties receives any statement submitted by the other party.

M. Following the close of the hearing, the hearing panel/officer will adjourn to executive session to consider all of the evidence and make a determination, by a preponderance of the evidence (and in the case of a hearing panel, by a majority vote), whether the Responding Party has violated the Policy. This means that the hearing panel/officer will decide whether it is “more likely than not,” based upon all of the evidence, that the Responding Party is responsible for the alleged Policy violation. If the Responding Party is found responsible for a violation of the Policy, the hearing panel/officer will also make a recommendation to the Dean of Students concerning the imposition of sanctions.

N. The hearing panel/officer will issue a written notice of hearing outcome which will contain the hearing panel/officer’s factual findings, determination of whether a Policy violation occurred, rationale in support of the hearing outcome, and recommendations concerning sanctions if there is a finding of responsibility. The hearing panel/officer will strive to deliver the written notice of hearing outcome to the Dean of Students and the Title IX Coordinator within seven (7) calendar days of the hearing. Once the Dean of Students has acted on any sanction recommendation, the parties shall be provided simultaneous written notice of the hearing panel/officer’s decision, the sanctions imposed by the Dean (if there is a Policy violation finding), and the appeal process.

Sanctions

If the Responding Party is found responsible for a Policy violation, the hearing panel/officer shall make a recommendation to the Dean of Students (or designee) concerning the imposition of sanctions, who may accept, reject or modify the recommended sanctions. The recommendation/imposition of sanctions should be guided by the following considerations: the interests of the community, the impact of the violation on the Reporting Party, documented student conduct history, and any mitigating or aggravating circumstances.

In connection with the recommendation/imposition of sanctions, the hearing panel/officer and/or Dean of Students (or designee) may also consider restorative justice outcomes that, taking into account the safety of the community as a whole, allow a Responding Party to learn about the origins of their behavior, their responsibility for the behavior, and how they can change the behavior.

Sanctions may include, but are not limited to, one or more of the following:

  • Warning: For minor infractions, the Responding Party may be issued a written warning. The warning will be noted and may justify more severe sanctions in the event of any further violation of behavioral standards.
  • Conduct Probation: The Responding Party may be placed on conduct probation for a designated period of time and required to meet certain requirements during the probation. When a student is on conduct probation, they are subject to suspension or expulsion in the event of further violations of conduct standards. The student’s academic advisor shall be advised of the student’s probationary status.
  • Loss of Privileges: The Responding Party may be denied specific privilege(s) for a defined period of time. Privileges include, but are not limited to, participating in extra-curricular activities and events (e.g., social events, intercollegiate athletics, intramural programs, student organizations, student government); living on campus; living in a specific residence hall; participating in commencement ceremonies; and having a vehicle on campus.
  • Restricted Access: The Responding Party’s access to campus and/or participation in College-sponsored activities may be limited. Restrictions shall be clearly defined and may include, but are not limited to, exclusion from certain buildings or locations on campus and no-contact orders. In cases involving parties from different Claremont Colleges, restricted access may extend to other campuses.
  • Relocation or Removal from Residence Halls: The Responding Party may be assigned to a different room in the same residence hall or to a room in another residence hall, or the student may no longer be permitted to reside in HMC housing.
  • Community Service: The Responding Party may, as a sanction, be required to perform a specified number of hours of uncompensated service to the College, or to an off-campus non-profit organization, within a specified period of time. The assignment of duties must be preapproved by the Title IX Coordinator in consultation with appropriate College administrators. Students must provide appropriate documentation verifying their completed community service. Failure to complete the service satisfactorily within the specified period of time may result in further action through the student conduct process.
  • Educational Program/Project: The Responding Party may be required to complete a project, assignment, or activity to promote the Responding Party’s education and development. Such assignments are at the discretion of the hearing panel/officer. Assignments may include, but are not limited to, preparing a reflection or research paper; developing a presentation; engaging in a discussion with someone; writing an apology letter; reading specified materials; and completing an online training program dealing with sexual misconduct.
  • Referral for Counseling: The Responding Party may be required to meet with a health care provider and/or a mental health care provider (including a drug and alcohol counselor) within a specified time frame. In such a case, the student will be expected to participate fully in any relevant assessment requested by the provider and to comply with any consequent recommendation(s), such as a treatment plan or a referral to another provider.
  • Removal of Offending Cause: The Responding Party may be required to remove the item that was the subject of the complaint.
  • Restitution: In cases where the Responding Party is found responsible for damaging or misappropriating property, they may be required to reimburse the property owner for all or some of the cost.
  • Suspension: The Responding Party may be separated from the College for a defined period of time. During a period of suspension, the Responding Party is neither permitted on campus nor permitted to participate in any College-sponsored or College-affiliated programs or activities. The terms of the suspension may include special conditions affecting the Responding Party’s eligibility for readmission, or to take effect upon readmission, including a term of conduct probation. During the suspension, the Responding Party’s transcript will bear the notation “ineligible to re-register” and the date range of the suspension. This notation will be removed upon the completion of the suspension.
  • Expulsion: The Responding Party may be separated from the College permanently. A student who has been expelled is neither permitted on campus nor permitted to participate in any College-sponsored or College-affiliated programs or activities. The Responding Party’s transcript will have the notation “ineligible to re-register.”
  • Withholding of Degree: Because a degree signifies not only successful completion of academic requirements, but also compliance with the College’s standards and good standing in the HMC community, the College may, as a sanction for violation of this Policy, withhold a degree entirely or impose further conditions on the conferral of a degree (e.g., require compliance with other sanctions as a pre-requisite to the conferral of the degree).

In the event of an appeal, sanctions will normally be held in abeyance pending the outcome of the appeal. If, however, the College determines that there may exist a threat to the safety or welfare of the HMC community, sanctions will take effect immediately.

Appeals

Grounds for Appeal

Either party may appeal the hearing outcome and the sanctions on the grounds set forth below (“grounds for appeal”). If, however, the Responding Party accepted responsibility for the Policy violation, either party may appeal only the sanction determination.

  1. Significant Procedural Error: A procedural error occurred which significantly affected the relevant decision/determination with respect to the appealing party (g., substantiated bias, material deviation from established procedures). A description of the error and its impact must be included in the written appeal.
  1. New Information: New information has arisen which was not known or available 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 and available 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.
  1. Disproportionate Sanctions: Either party may appeal the sanction because they feel that the sanction imposed for the Policy violation was disproportionate to the conduct found to have occurred. The written appeal must convey more than simple dissatisfaction with the sanction.

Appeal Procedures

  1. Appeals must be submitted to the Dean of the Faculty (or designee) within five (5) business days of the date on which the person wishing to file an appeal is notified of the hearing panel/officer ’s decision. The Dean of the Faculty has five (5) business days from the filing of the appeal to determine whether the appeal is based on one or more of the grounds for appeal. If the appeal is not based on one or more of the grounds for appeal, the appeal will be denied. If the appeal is not denied, the Title IX Coordinator will share the appeal with the other party, who shall have three (3) business days from the date on which the party is notified of the appeal to submit a response.
  1. After the other party submits a response to the appeal or the time for the other party to submit a response lapses without a response, the Title IX Coordinator shall promptly send the appeal, any response, and the underlying appeal record to the President (or designee), who shall consider the appeal and take such action as s/he deems appropriate. The appeal record will consist of the investigator’s final report and any supporting documents that accompany the report; any responses to the report submitted by the parties; the hearing panel/officer ’s decision; impact and mitigation statements and any other documents that the Title IX Coordinator deems relevant to the appeal.
  1. Appeals will be decided by the President (or the President’s designee) in a timely manner. There may, however, be circumstances that necessitate additional time for the President to reach a decision. While an appeal is under review, the Title IX Coordinator will update the parties about the timeline as necessary.
  1. The Title IX Coordinator shall communicate the decision of the President (or the President’s designee) to the parties simultaneously. The decision of the President is final.

Miscellaneous and Special Provisions

Time Frame for Resolution

Typically, the student complaint resolution process (i.e., assessment, investigation, hearing, and appeal) will be completed within approximately sixty (60) calendar days following the College’s receipt of a report (i.e., complaint). This time frame may be extended for good cause, which may exist if there is an unavoidable delay due to academic breaks or other legitimate reasons, or if additional time is necessary to ensure the integrity and completeness of the investigation; to account for case complexities, including the number of witnesses and volume of information provided by the parties; or to accommodate the availability of witnesses and other persons integral to the complaint resolution process. In general, the parties can expect to receive periodic updates as to the status of the complaint resolution process.

Consolidated Investigations/Hearings

Where the Title IX Coordinator determines that an allegation of Prohibited Conduct includes more than one Responding Party, the Title IX Coordinator may decide to investigate the allegation as a single matter and to institute a single resolution process. Similarly, where the Title IX Coordinator determines that multiple Reporting Parties have made allegations against one Responding Party, the Title IX Coordinator may decide to investigate the reported events as a single matter and institute a single resolution process. If investigations/hearings involving multiple Reporting Parties and/or multiple Responding Parties are consolidated, each party will have access to all of the information being considered (subject to FERPA and other applicable privacy laws), including the information provided by all involved Reporting Parties, all involved Responding Parties, and all involved witnesses.

Responding Party’s Conduct History

Generally, any prior HMC policy violation(s) by the Responding Party are not admissible as information about the present allegation. The Title IX Coordinator may, however, supply information about previous behavior and/or complaints to the investigator or hearing officer/panel if:

  • The Responding Party was previously found to be responsible for a similar violation; and
  • The information indicates a pattern of behavior by the Responding Party and substantial conformity with the present allegation.

A Responding Party’s prior conduct will be taken into consideration by the Dean of Students (or designee) when determining what sanction to impose.

Past Sexual History

The sexual history of a party, if offered by the other party, will not be admissible in an investigation or hearing. The parties’ past sexual interactions with one another also generally will not be admissible in an investigation or hearing unless the Title IX Coordinator determines that such information is highly relevant. If a party believes the past sexual interactions of the parties to be relevant to the investigation and/or hearing, they must submit a written request to the Title IX Coordinator explaining the nature of the information and why the information is relevant to the investigation and/or hearing. The Title IX Coordinator will review the request and render a decision within 2 business days.

Student Withdrawal and Notations in Academic Records

If a Responding Party withdraws from the College while the complaint resolution process is pending, the presumption is that the College will complete the process despite the student’s withdrawal. If the College elects to defer the process while the student is no longer enrolled, the student will be ineligible to re-register at the College until the process is completed. In such a case, the College will record the notation “ineligible to re-register” on the student’s official transcript. The notation “ineligible to re-register” will also appear on the official transcript of a student who is suspended or expelled. When a student has withdrawn during a pending investigation, or has been suspended or expelled due to sexual misconduct, a notation of “ineligible to re-register” will be entered on their transcript.

Records

The Title IX Coordinator will retain records of all reports and complaints against students, whether resolved by means of informal or formal resolution. For reports and complaints against faculty and staff, records will be maintained in the Human Resources Office. For reports or complaints against faculty, records will be maintained in the Dean of Faculty Office.

Affirmative findings of responsibility in matters resolved through formal resolution remain part of a student’s conduct record and an employee’s personnel record. Such records shall be used in reviewing and developing sanctions for any further conduct.

When a student is permanently separated from HMC through a disciplinary dismissal, this is noted on the student’s academic transcript. The conduct files of students who have been suspended or dismissed for disciplinary reasons are maintained by the Division of Student Affairs indefinitely. Conduct files of students who have not been disciplinarily suspended or dismissed are maintained by the Division of Student Affairs for no fewer than seven years from the date of the incident or the period of time mandated by applicable law and HMC’s Record Retention Policy, whichever is longer. Further questions about record retention should be directed to the Division of Student Affairs.

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 Policy and these procedures, as part of the responsibility to ensure an equitable and prompt process for all parties. Certain modifications may, for example, be necessary to allow for the fair and prompt resolution of a complaint that is received at the end of a term or during an academic break.

Appendix B: External Complaint Resolution Options

Discrimination, harassment, sexual misconduct, and retaliation are violations of federal and state law. This Policy and the HMC Prohibited Discrimination and Harassment Policy are intended to supplement and not replace such laws. Whether or not the Internal Complaint Resolution processes described in both policies are utilized, an HMC employee who believes that he or she has experienced discrimination, harassment, sexual misconduct or retaliation may file a complaint with the California Department of Fair Employment and Housing, or 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.

A person who believes he or she has experienced discrimination, harassment, sexual misconduct, 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 Resolution processes described in this Policy and the Prohibited Discrimination and Harassment Policy will not change such filing deadlines.

In addition to HMC’s internal Complaint Resolution processes, an individual who is subjected to sexual misconduct may have recourse through the criminal justice system and/or civil litigation (including the right to seek a temporary restraining order and injunction prohibiting harassment pursuant to California Civil Code, section 527.6). HMC will provide full and prompt cooperation and assistance in notifying the proper law enforcement personnel if the individual chooses to pursue such legal action.

A criminal investigation into an allegation of sexual misconduct does not relieve or substitute for HMC’s duty and authority to conduct its own prompt review of a complaint. Accordingly, HMC will typically not wait for the conclusion of a criminal investigation or proceeding to begin its own concurrent investigation and resolution of an alleged violation. The standards for criminal proceedings differ from those used in campus proceedings. As a result, conduct that may not be subject to criminal action may still be addressed through HMC’s processes and procedures. A finding of “not guilty” in a criminal matter does not necessarily preclude a finding of an HMC policy violation in a campus proceeding.

Appendix C: What to do if you experience Sexual/Gender Violence

The first priority for a person who is sexually assaulted or subjected to another form of sexual/gender based violence is to seek safety. If there is an immediate danger or need for an emergency police or medical response, persons on campus should call Campus Safety at 909.607.2000 and/or dial 911. For persons off campus, dial 911.

Persons who experience any form of sexual misconduct are encouraged to seek support, as soon as possible, from someone trusted, such as a friend, family member, HMC faculty or staff member, or from one of the campus or community resources listed below.

On-Call Student Affairs Staff Students can reach an on-call staff member (commonly referred to as the “AD”) 24 hours a day, seven days a week, by calling Campus Safety 909.607.2000 and asking to be put in touch with the AD. Campus Safety will notify the AD who, in turn, will promptly contact the student directly.

Persons who experience sexual assault (particularly rape, forcible oral copulation or sodomy) are urged to seek medical treatment as soon as possible by going to the nearest hospital emergency room, specialized sexual assault treatment and trauma center, Student Health Services, or private physician.

The emergency room nearest HMC, which is also a County designated SART Center, is located at Pomona Valley Hospital Medical Center, 1798 N. Garey Avenue, Pomona, CA 91767, 909.865.9500SART is a trauma informed/ survivor sensitive program designed to provide a team approach to responding to sexual assaults. Survivors may take a Support Person with them to the hospital. If assistance is needed in arranging for transportation or if a student would like a member of the HMC staff to accompany the student to the hospital, contact Campus Safety at 909.607.2000 and ask that the AD staff member be contacted. An AD is available whenever the College offices are closed to assist students in emergency situations.

Individuals who promptly seek medical attention benefit from being examined for physical injury, receiving preventative treatment for sexually transmitted diseases, a toxicology examination for date rape drugs, and emergency contraception. In addition, prompt reporting allows for the preservation of evidence, which will only be used if an individual decides (then or later) to press criminal charges or file civil suit.

To preserve evidence, an individual should not bathe, douche, smoke, brush your teeth or change clothes (a change of clothes should be brought along). If clothes have been changed, the original clothes should be put in a paper bag (plastic bags damage evidence) and brought to the hospital. Do not disturb the scene of the assault. If it is not possible to leave the scene undisturbed, evidence (e.g. bedding, towels, loose fabrics, prophylactics, and clothing) should be placed in separate paper bags to be preserved.

Time is a critical factor in collecting and preserving evidence. The physical evidence of an assault is most effectively collected within the first 24-48 hours of the assault, but some evidence may be collected for up to 72 hours. If, however, a report of an incident is made days, weeks, or even months after the assault, important support systems are still available and can be arranged, but the delay may make it more difficult to collect physical evidence of the sexual assault that could impact a criminal prosecution or civil lawsuit.

Hospitals that treat any physical injury sustained during a sexual assault are required to report it to law enforcement. An individual can choose whether or not to speak to police at the hospital and does not need to make an immediate decision to press criminal charges. That decision can be made at a later time.

If an individual does not wish to go to the hospital, Planned Parenthood, 1550 N Garey Avenue, Pomona, CA 91767, 800.576.5544may be contacted, which has healthcare providers who can test and provide preservative treatment for sexually transmitted diseases or an individual can see a personal health care provider for tests and treatment.

Confidential On-Campus Resources

Monsour Counseling and Psychological Services
Phone: 909.621.8202
Office: Tranquada Student Services Center, 1st Floor
Hours: Monday–Friday, 8 a.m.–5 p.m. (for after-hours emergencies, call Campus Safety)
Website: Monsour Counseling and Psychological Services

EmPOWER Center Sexual Assault & Intimate Partner Violence Resource Center
Phone: 909.607.2689
Office: 1030 Dartmouth Ave.
Hours: Monday–Friday, 8 a.m.–5 p.m.
Contact: Rima Shah at RShahEmPOWER@cuc.claremont.edu or Phone: 909.607.0690

McAlister Center Office of the Chaplains
Phone: 909.621.8685
Office: McAlister Center for Religious Activities
Hours: Monday–Friday, 8 a.m.–5 p.m.
Website: Chaplains

Off Campus Resources

House of Ruth
877.988.5559 (toll free)
Website: House of Ruth.
[Provides emergency shelter, transitional housing and other services to women who are the survivors of domestic violence]

Project Sister
909.623.1619 (24/7 Crisis Hotline)
Website: Project Sister
[Provides crisis services to women and men who have been sexually assaulted or abused. Volunteer Advocates are also available to provide support and follow up services to sexual assault or abused survivors at the hospital, police station and court appearances.]

National Sexual Assault 24/7 Crisis Hotline
800.656.4673
Website: About the National Sexual Assault Telephone Hotline.
[Trained volunteers available to help survivors at affiliated crisis centers across the country.]

HMC Employee Assistance Program

800.234.5465
Live and Work Well (access code claremontcolleges)
[Available to benefit eligible faculty and staff] If you have been a survivor of sexual misconduct the sooner you seek help the more options you have available to you. The following steps are important to take as soon as possible.]

Other Resources

Health Education Outreach, The Claremont Colleges Services
Phone: 909.607.3602
Office: Tranquada Student Services Center, 1st Floor
Hours: Monday–Friday, 10 a.m.–5 p.m. Wednesday, 10 a.m.–7:30 p.m. (for after-hours emergencies, call Campus Safety)
Special services: free, anonymous HIV testing (Tuesdays, 11 a.m.–12:40 p.m.)
Website: Health Education Outreach

Student Health Services, The Claremont Colleges Services
Phone: 909.621.8222
Office: Tranquada Student Services Center, 1st Floor
Hours: Monday, Tuesday, Friday, 8 a.m.–5 p.m.
Wednesday, 8 a.m.–7 p.m.
Thursday, 9 a.m.–5 p.m.
(for after-hours emergencies, call Campus Safety)
Special services: STI testing, confidential HIV testing, contraception and counseling, emergency contraception/Plan B, pregnancy testing and counseling
Website: Student Health Services

Harvey Mudd Advocates for Survivors of Sexual Assault
Peer Advocates
Email: advocates@g.hmc.edu
(See “Meet the Advocates“ for individual advocates contact info)

Appendix D: Frequently Asked Questions

Below are some questions regarding sexual misconduct that are often asked by students:

1. Does information about a complaint remain confidential?

The confidentiality of all parties to a complaint of sexual misconduct must be respected, insofar as it does not interfere with the College’s obligation to fully investigate allegations of sexual misconduct. Where confidentiality is not strictly kept, it will still be tightly controlled on a need-to-know basis. Dissemination of information and/or written materials to persons not involved in the complaint procedure is not permitted.

Violations of the privacy of the Reporting Party or the Responding Party may lead to disciplinary action by the College. In all complaints of sexual misconduct, both parties will be informed of the outcome. In some instances, the College may choose to make a brief public announcement of the nature of the violation and the action taken, without using the name or identifiable information of the alleged survivor. Certain College administrators are informed of the outcome within the bounds of student privacy (e.g., the President, Dean of Students, Director of Campus Safety, Title IX Coordinator). If there is a report of alleged sexual misconduct to the College and there is evidence that a felony has occurred, local police will be notified if the Reporting Party consents. This does not mean charges will be automatically filed or that a Reporting Party must speak with the police. The College also must statistically report the occurrence on campus of major violent crimes, including certain sex offenses, in an annual report of campus crime statistics. This statistical report does not include personally identifiable information.

2. Will I (as a survivor) have to pay for counseling/or medical care?

Students can access the CUC’s Student Health and Counseling Services, and the Counseling Services also hosts a support group for survivors of sexual assault. If you are accessing community and non-institutional services, payment for these services may be covered by your health insurance plan; please check your coverage. If you have elected coverage under the Claremont College’s Student Health Insurance Plan (“SHIP”), payment for these services may also be covered under this insurance plan. SHIP documentation is available at: Student Health Services.

3. What, if anything, will my parents be told?

The College’s primary relationship is to you, the student, and not to your parent/guardian. College officials will only speak with your parents/guardians at your request or when there is a significant threat to your health or safety.

4. Do I have to name the alleged perpetrator?

Yes, if you want the College to pursue its Investigation and Resolution Processes as outlined in the College’s Policy on Discrimination, Harassment, Sexual Misconduct and Retaliation. No, if you choose to respond informally and do not file a formal complaint. You should consult the confidentiality provisions set forth in the policy in Section 12 of the Policy. Reporting Parties should be aware that not identifying the alleged perpetrator may limit the College’s ability to respond comprehensively.

5. Will the alleged perpetrator know my identity?

Yes, if you file a formal complaint. Sexual misconduct is a serious offense and the Responding Party has the right to know the identity of the Reporting Party/survivor.

6. What do I do if I am accused of sexual misconduct?

DO NOT contact the Responding Party. You may want to speak with someone in the campus community who can act as your Support Person/advisor. The Title IX Coordinator can explain the College’s resolution processes for addressing sexual misconduct complaints. You may also want to seek confidential counseling through the Student Health and Counseling Services or seek support through off-campus services in the community.

7. What about legal advice?

Reporting Parties do not need private legal counsel to pursue criminal prosecution because representation will be handled by the District Attorney’s office. However, you may want to retain an attorney if you are considering filing a civil action. Responding Parties may want to retain legal counsel given the potential for criminal and/or civil action.

8. What about changing residence hall rooms or other accommodations?

Either party may request a room change through the Title IX Coordinator who will work with the Dean of Students Office. Other accommodations available to the parties may include:

  • Assistance with or rescheduling an academic assignment (paper, exams, etc.);
  • Assistance in requesting an incomplete in a class;
  • Assistance with transferring class sections, if available;
  • Temporary withdrawal;
  • Assistance with alternative course completion options; and
  • Other accommodations for safety as necessary.

9. What should I do about obtaining medical treatment and preserving evidence of a sexual assault?

Survivors of a sexual assault (particularly rape, forcible oral copulation or sodomy) are urged to seek medical treatment as soon as possible by going to the nearest hospital emergency room, specialized sexual assault treatment and trauma center, Student Health Services, or private physician.

The emergency room nearest HMC, which is also a County designated SART Center, is located at Pomona Valley Hospital Medical Center, 1798 N. Garey Avenue, Pomona, CA 91767, (909) 865-9500. SART is a trauma informed/ survivor sensitive program designed to provide a team approach to responding to sexual assaults. Survivors may take a Support Person with them to the hospital. If you need assistance arranging for transportation or would like a member of the HMC staff to accompany you to the hospital. Contact Campus Safety at (909) 607-2000 and ask that the On-Call Student Affairs staff member be contacted. An On-Call Student Affairs Staff member (aka AD) is available whenever the College offices are closed to assist students in emergency situations.

Survivors who promptly seek medical attention benefit from being examined for physical injury, receiving preventative treatment for sexually transmitted diseases, a toxicology examination for date rape drugs, and emergency contraception. In addition, prompt reporting allows for the preservation of evidence, which will only be used if you decide (then or later) to press criminal charges or file civil suit.

To preserve evidence, you should NOT bathe, douche, smoke, brush your teeth or change clothes (a change of clothes should be brought along). If clothes have been changed, the original clothes should be put in a paper bag (plastic bags damage evidence) and brought to the hospital. Do not disturb the scene of the assault. If it is not possible to leave the scene undisturbed, evidence (e.g. bedding, towels, loose fabrics, prophylactics, and clothing) should be placed in separate paper bags to be preserved.

Time is a critical factor in collecting and preserving evidence. The physical evidence of an assault is most effectively collected within the first 24-48 hours of the assault, but some evidence may be collected for up to 72 hours. If, however, you choose to report the incident days, weeks, or even months after the assault, important support systems are still available and can be arranged, but you need to know that delay may make it more difficult to collect physical evidence of the sexual assault that could impact a criminal prosecution or civil lawsuit.

Hospitals that treat any physical injury sustained during a sexual assault are required to report it to law enforcement. You may choose whether or not to speak to police at the hospital and do not need to make an immediate decision to press criminal charges. That decision can be made at a later time.

If you do not wish to go to the hospital you may choose to contact Planned Parenthood, 1550 N Garey Avenue, Pomona, CA 91767, (800) 576-5544, which has healthcare providers who can test and provide preservative treatment for sexually transmitted diseases or see a personal health care provider for tests and treatment.

10. Will the Reporting Party be sanctioned when reporting a sexual misconduct if they have illegally used drugs or alcohol?

No. The severity of the infraction will determine the nature of the College’s response, but whenever possible the College will respond educationally rather than punitively to the illegal use of drugs and/or alcohol. The seriousness of sexual misconduct is a major concern and the College does not want any of the circumstances (e.g., drug or alcohol use) to inhibit the reporting of sexual misconduct.

11. Will the use of drugs or alcohol affect the outcome of a sexual misconduct complaint?

The use of alcohol and/or drugs by either party will not diminish the Responding Party’s responsibility. On the other hand, alcohol and/or drug use is likely to affect the Reporting Party’s memory and, therefore, may affect the outcome of the complaint. A person bringing a complaint of sexual misconduct must either remember the alleged incident or have sufficient circumstantial evidence, physical evidence and/or witnesses to support their complaint. If the Reporting Party does not remember the circumstances of the alleged incident, it may not be possible to impose sanctions on the Responding Party without further corroborating information. Use of alcohol and/or other drugs will never excuse a violation by a Responding Party.

12. Will either party’s prior use of drugs and/or alcohol be a factor when reporting sexual misconduct?

Not unless there is a compelling reason to believe that prior use or abuse is relevant to the present complaint.

13. What should I do if I am uncertain about what happened?

If you believe that you have experienced sexual misconduct, but are unsure of whether it was a violation of the College Policy, you should contact the College’s Title IX Coordinator who can explain the Policy and resolution options. If you would like to speak with someone in strict confidence to explore the incident, you may want to first speak with a counselor at Monsour Counseling and Psychological Services, a chaplain from the McAlister Center, the EmPOWER center or a rape crisis hotline.

Appendix E: Sexual Misconduct Prevention and Risk Reduction

Prevention: If you find yourself in the position of being the initiator of sexual behavior, you owe sexual respect to your potential partner and yourself. These suggestions may help you avoid committing a nonconsensual sexual act and reduce your risk of being accused of sexual misconduct:

  • Clearly communicate your intentions to your sexual partner and give your partner a chance to clearly communicate intentions to you.
  • Understand and respect personal boundaries. Do not pressure a potential partner.
  • DON’T MAKE ASSUMPTIONS about consent; about someone’s sexual availability; about whether the individual is attracted to you; about how far you can go or about whether the individual is physically and/or mentally able to consent. If there are any questions or if there is any ambiguity then you DO NOT have consent and you should stop.
  • If you think you are receiving unclear or conflicting messages from your partner, this is a clear indication that you should stop, defuse any sexual tension and communicate better.
  • Don’t take advantage of someone’s drunkenness, drugged, or otherwise incapacitated state, even if the individual personally caused this.
  • Realize that your potential partner could be intimidated by you, or fearful. You may have a power advantage simply because of your gender or size. Don’t abuse that power.
  • Understand that consent to some form of sexual behavior does not automatically equal consent to any other form of sexual behavior.
  • Silence and passivity cannot be interpreted as an indication of consent. Read your potential partner carefully, paying attention to verbal and non-verbal communication and body language. If you are not sure, stop.

Risk Reduction: Risk reduction tips can, unintentionally, take a victim-blaming tone. With no intention to victim- blame, and with recognition that only those who commit sexual violence are responsible for such conduct, these suggestions may nevertheless help you to reduce your risk of experiencing a non-consensual sexual act.

  • If you have sexual limits, make them known as early as possible.
  • If you do not want to engage in a particular activity, tell the other person “NO” clearly and firmly.
  • Try to remove yourself from the physical presence of a sexual aggressor, if you can do so safely.
  • If someone is nearby, ask for help or if it is safe to do so, text or call someone.
  • Take affirmative responsibility for your alcohol intake/drug use and acknowledge that alcohol/drugs lower your sexual inhibitions and may make you vulnerable to someone who views a drunk or high person as a sexual opportunity.
  • Take care of your friends and ask that they take care of you. A real friend will challenge you if you are about to make a mistake. Respect them when they do.

Appendix F: Harvey Mudd College’s External Reporting, Timely Warning, and FERPA Disclosure Obligations

I. The Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act (“Clery Act”)

A. Statistical Reporting

Under the Clery Act, certain College officials have a duty to report certain misconduct for federal statistical reporting purposes. All personally identifiable information is kept confidential, but statistical information must be passed along to campus law enforcement regarding the type of incident and its general location (on or off-campus, in the surrounding area, but no addresses are given) for publication in the annual Campus Security Report. This report helps to provide the community with a clear picture of the extent and nature of campus crime, to ensure greater community safety. Mandated federal reporters include: student/conduct affairs staff, campus law enforcement, local police, coaches, athletic directors, residence life staff, student activities staff, human resources staff, advisors to student organizations and any other official with significant responsibility for student and campus activities. The information to be shared includes the date, the location of the incident (using Clery location categories) and the Clery crime category. This reporting protects the identity of the survivors and may be done anonymously.

The Clery Act permits the College to publicly release the name, the nature of the violation and the sanction(s) for any student who is found in violation of a College policy that is a “crime of violence,” including: arson, burglary, robbery, criminal homicide, sex offenses, assault, intimidation (which may encompass stalking and/or bullying), hazing, destruction/ damage/vandalism of property and kidnapping/abduction. The College will release this information to the Reporting Party in any of these offenses regardless of the outcome. FERPA allows for the release of student records beyond the Clery exceptions discussed above. Harvey Mudd College reserves the right to exercise discretion in making specific outcome information available to the community at large.

B. Timely Warning

Reporting Parties should also be aware that College administrators must issue immediate timely warnings for incidents reported to them that are confirmed to pose a substantial threat of bodily harm or danger to members of the campus community. For purposes of the Timely Warning requirement, the College will not disclose a Reporting Party’s name. However, the College will provide enough information for community members to make safety decisions in light of the danger. The reporters for timely warning purposes are exactly the same as detailed in the paragraph above.

II. Family Educational Rights and Privacy Act (“FERPA”)

A finding that a violation of HMC’s sexual misconduct policy has occurred will become a part of the educational record of the Responding Party, if the Responding Party is a student. The educational records of students are protected from release under a federal law, FERPA. The College complies with FERPA regulations regarding the privacy of student records and observes the following exceptions to FERPA as mandated by the Clery Act:

  1. The Responding Party(ies) in a non-consensual sexual contact/intercourse incident have the right to be informed of the finding, and sanction(s) of the investigation, in writing, without condition or limitation.
  2. The Responding Party(ies) in sexual exploitation, sexual harassment, stalking, relationship violence and any other gender-based offense have the right to be informed of the finding, in writing, and to be informed of any sanction(s) that directly relate to them, and to essential facts supporting the outcome when the outcome is “responsible” (and the underlying offense is a crime of violence as defined below and in 34 C.F.R. 99.39) and/or it is equitable to share the essential findings with all parties.

*Interim Sexual Misconduct & Complaint Resolution Policy September 2019

Responsible Employees

All faculty members, staff members, and administrators, with the exception of those working in a confidential capacity (e.g., counselors, survivor advocates, etc.) are obligated to report any disclosures that involve allegations of sexual harassment, sexual misconduct, intimate partner violence, and stalking.

Title IX Team

Title IX Coordinator

Leslie Hughes
Interim Title IX Coordinator
Office: Platt Campus Center
Phone: 909.621.8301
Fax: 909.621.8494
Email: lhughes@hmc.edu

DEPUTY TITLE IX COORDINATORS

Arianna Figueroa
Assistant Dean for Institutional Diversity
Platt Campus Center
909.607.3470
afigueroa@hmc.edu

Danny Ledezma
Associate Director of Community Engagement
Platt Campus Center
909.607.4015
dledezma@hmc.edu

Patrice Siffert
Associate Director for Human Resources Employment & HR Services
Kingston Hall
909.607.4154
psiffert@hmc.edu

Resource Guides & Flow Charts

HMC & 7C Resources

*Denotes confidential resource.

Sexual Misconduct Resources can be found on the Claremont Colleges joint resources page.

The EmPOWER CENTER*

Sexual Assault & Intimate Partner Violence Resource Center
Phone: 909.607.2689
Office: 1030 Dartmouth Ave.
Hours: Monday–Friday, 8 a.m.–5 p.m.

Contact: Rima Shah at RShahEmPOWER@cuc.claremont.edu or Phone: 909.607.0690

On-Call Dean of Students

An OnCall dean of students is available for assistance outside of normal business hours by contacting Campus Safety and requesting to be connected to the Harvey Mudd College OnCall dean of students at 909.607.2000.

Campus Safety

Phone 909.621.8170
Office: Pendleton Business Building
Hours: 24/7
Website: Campus Safety

Monsour Counseling and Psychological Services*

Phone: 909.621.8202
Office: Tranquada Student Services Center, 1st Floor
Hours: Monday–Friday, 8 a.m.–5 p.m. (for after hours emergencies, call Campus Safety)
Website: Monsour Counseling and Psychological Services

McAlister Center of the Chaplains*

Phone: 909.621.8685
Office: McAlister Center for Religious Activities
Hours: Monday–Friday, 8 a.m.–5 p.m.
Website: Chaplains

Health Education Outreach

Phone: 909.607.3602
Office: Tranquada Student Services Center, 1st Floor
Hours: Monday–Friday, 10 a.m.–5 p.m.
Wednesday, 10 a.m.–7:30 p.m.
(for after hours emergencies, call Campus Safety)
Special services: free, anonymous HIV testing (Tuesdays, 11 a.m.–12:40 p.m.)
Website: Health Education Outreach

Student Health Services

Phone: 909.621.8222
Office: Tranquada Student Services Center, 1st Floor
Hours: Monday, Tuesday, Friday, 8 a.m.–5 p.m.
Wednesday, 8 a.m.–7 p.m.
Thursday, 9 a.m.–5 p.m.
(for after hours emergencies, call Campus Safety)
Special services: STI testing, confidential HIV testing, contraception and counseling, emergency contraception/Plan B, pregnancy testing and counseling
Website: Student Health Services

Employee Assistance Program (EAP) (For Staff and Faculty)

Confidential advice and counseling is available to faculty and staff at no cost through the EAP. Employees and their legal spouses, domestic partners, and eligible dependents receive up to five (5) counseling sessions with a licensed/certified therapist by phone or in-person, per family member, per issue, each calendar year. Access to the EAP is available 24/7 year round.

Phone: 800.234.5465
Website: Employee Assistance Program
Access Code: claremontcolleges

Community Resources

*Denotes confidential resource.

Project Sister Family Services Crisis Hotline*

Hotline: 909.626.HELP (4357)
Hours: 24/7
Website: Project Sister

Project Sister Family Services Walk-in Counseling*

Phone: 909.966.4155
Email: info@projectsister.org
Office: 363 S. Park Ave. #303
Hours: Monday–Thursday, 5–7 p.m.
Website: Project Sister walk-in clinic

House of Ruth Hotline* (Dating violence)

Hotline: 877.988.5559
Hours: 24/7
Website: House of Ruth

Claremont Police Department

Emergencies: Dial 9-1-1
570 W. Bonita Avenue
Claremont, CA 91711
Lobby Hours: 7 a.m.–10 p.m., 7-days a week
Phone: 909.399.5411 (non-emergencies)

Pomona Valley Hospital Medical Center

1798 North Garey Avenue
Pomona, CA 91767
Phone: 909.865.9500
Emergency Room: 909.865.9600

Love is Respect National Dating Abuse Hotline*

Hotline: 866.331.9497
Text: “loveis” to 22522
Online: Love is Respect: Chat With Us
Website: Love is Respect

National Domestic Violence Hotline*

Hotline: 800.799.7233
Hours: 24/7
Website: National Domestic Violence Hotline

RAINN National Sexual Assault Crisis Hotline*

Hotline: 800.656.4673
Hours: 24/7
(This hotline will transfer you to a local crisis hotline based on your phone’s area code.)
Website: RAINN

RAINN National Sexual Assault Crisis Online Chat*

Website: RAINN Online Chat
Hours: 24/7

Resources for Student Veterans

2018 Higher Education Data Sharing Consortium (HEDS) Sexual Assault Campus Climate Survey Findings

2015 Higher Education Data Sharing Consortium (HEDS) Sexual Assault Campus Climate Survey Finding