Statement of the Case Pitzer College (Docket Number 09-12-2151) I. What are the allegations that need to be resolved? 1. Whether the College failed to respond adequately to internal complaints Student 1 made, starting on September E8, 2011, stating that a student sexually assaulted her; and 2. Whether the College failed to respond adequately to internal complaints Student 1 made, stating that other students retaliated against her by ostracizing her after she filed complaints alleging a student sexually assaulted her. ll. What are the applicable regulations? The regulations implementing Title IX, at 34 C.F.R. ?106.31, prohibit discrimination based on sex by recipients of Federal financial assistance. Colleges are responsible under Title IX and the regulation for providing students with a nondiscriminatory educational environment. Sexual harassment of a student can result in the denial or limitation, on the basis of sex, of the student?s ability to participate in or receive education benefits, services, or opportunities. Ill. What are the most pertinent facts obtained by OCR that relate to the allegations? Issue 1: Whether the Recipient failed to respond adequately to internal complaints Student 1 made, starting on $eptember011, stating that a student sexually assaulted her? Under the Title IX and the regulations, once a college has notice of possible sexual harassment between students, it is responsible for determining what occurred and responding appropriately. The college is not responsible for the actions of a harassing student, but rather for its own discrimination in failing to respond adequately. A college may violate Title IX and the regulations if: (1) the harassing conduct is sufficiently serious to deny or limit the student?s ability to participate in or benefit from the educational program; (2) the college knew or reasonably should have known about the harassment; and (3) the college fails to take appropriate responsive action. These steps are the college?s responsibility whether or not the student who was harassed makes a complaint or otherwise asks the college to take action. OCR evaluates the appropriateness of the responsive action by assessing whether it was prompt, thorough, and effective. What constitutes a reasonable response to harassment will differ depending upon the circumstances. However, in all cases the college must conduct a prompt, thorough and impartial inquiry designed to reliably determine what occurred. If harassment is found, it should take reasonable, timely, age-appropriate, and effective corrective action, including steps tailored to the specific situation. The response must be designed to stop the harassment, eliminate the hostile environment, and remedy the effects of the harassment on the student who was harassed. The college must also take steps to prevent the harassment from recurring, SOC (09-12-2151) Page 2 of 7 including disciplining the harasser where appropriate. A series of escalating consequences may be necessary if the initial steps are ineffective in stopping the harassment. The College?s Student Handbook includes its Sexual Harassment Policy and Procedures. They state the College?s prohibition against sexual harassment and its policy to prevent, correct and remedy sexual harassment, and describe procedures for resolving complaints that may be used by any member of the campus community. 0 The procedures identify peer counselors who can be consulted about sexual harassment concerns and designated officials to whom complaints should be submitted. They provide for both informal and formal complaint resolution and allow a complainant to choose either or both. In addition, faculty members or supervisors who acquire knowledge of harassment must report it to the designated officials. The procedure also states that the College may initiate an investigation on its own if it becomes aware of conduct violating the policy. Upon receipt of a complaint or at any time during an investigation, the designated college official must determine whether interim action is necessary. 0 The informal resolution process may not take more than two weeks. The procedure describes examples of how complaints can be resolved informally including examples of possible outcomes. 0 The formal complaint process consists of a "full, fair and impartial? investigation by a committee, to be completed within 60 days. During this time the committee hears information from the complainant, the respondent and relevant witnesses. At the conclusion, the committee prepares a written report detailing the allegations and the evidence, and setting forth a determination of whether there has been a violation of the policy and, if so, recommendations for corrective action. The report is sent to the appropriate College vice-president who makes a final determination with a written explanation. A copy of the determination is sent to the complainant. There is no time frame for completion of the vice-president's determination. OCR noted that the College?s policies and procedures are confusing with respect to sexual harassment complaints filed by student against other students. Section II of the Sexual Harassment Policy and Procedures includes the following: "Note: Student-Student cases will be handled according to The Code of Student Conduct.? However, section of the Student Code of Conduct states: "Cases of alleged sexual harassment will follow the Sexual Harassment Policy and Procedures outlines in this handbook for resolution. Sexual assault complaints filed against students are handled under the Code of Student Conduct Procedures. These procedures include an administrative resolution option and a hearing before the Judicial Council, depending upon the nature and seriousness of the offense and whether the respondent wishes to agree to sanctions. Under the procedures, if the charge is resolved through an administrative resolution, the complainant is interviewed as part of the process. The formal hearing process includes the complainant?s right to notice of the hearing, to receive all documentary evidence such as statements that are SOC (09-12-2151) Page 3 of 7 provided to the respondent, and to have an adviser, participate and be present at the hearing, including submitting questions to be asked of witnesses. Hearings must be completed with 25 days of the date the respondent is notified of the charge. The process outlines the sanctions that may be imposed on the respondent, but does not provide for any remedies for the student who complains of sexual assault if it is found to have occurred. An appeal process is available for the respondent but not for the complainant. Neither the Sexual Harassment Procedures nor the Code of Student Conduct specifically require that the written notification of the decision to the complainant will include a summary of the facts gathered, the legal basis for the determination, and information concerning the corrective action taken. 0 During the 2011?12 academic year, Student 1 was a (C) student enrolled in the College?s undergraduate program. Student 1 alleged that onlwm?wwxc) I 2012, another Eg?lwm student (Student 2) raped her in his dormitory room, which was next door to Student 1's room. The following day, when Student 1 reported this to the Dean of Student?s office, at Student 1?s request, a Resident Director took her to the emergency room for an examination and rape kit. The hospital contacted the police. When the police arrived, Student 1 informed them that she did not want their involvement. OSeptember Eng 2011, Student 1 met with the Dean of Students Office to discuss the incident, which initiated the College's investigation. Students 1 and 2 submitted written statements at the College?s request. Both students agreed that they had sexual intercourse but provided different statements as to what occurred and whether Student 1 consented to the sexual act. The College determined that the Student 2 would not be required to relocate to another dormitory room as an interim measure pending the resolution of the complaint because, when the College asked Student 1, she told them she did not view Student 2 as a further threat and the Colle id not believe Student 2 was a threat to Student 1 or other students. On Octobergx 2011, Student 1 signed a statement acknowledging that she was offered the opportunity to move to another room on campus, but she declined at the time. 0 As part of the investigation, the College interviewed Student 1, Student 2, and nine witnesses whom Students 1 and 2 identified. Emails between Student 1, her parents, and the College show that they were in continuous contact with each other about the situation while a resolution was sought. 0 The College told OCR that due to the nature of the allegations, this matter would have proceeded to a disciplinary hearing, and if a violation were found, Student 2 would have been expelled. Instead, on Octobe011, Student 1 requested that the College resolve her complaint informally without Student 2 facing expulsion. SOC (09-12?2151) Page 4 of 7 On October(6)= 2011, Student 1, Student, and their representatives signed a Confidential Agreement he College which they both agreed would fully resolve what 7 occurred 0 2011, and all related matters that arose from the interaction. In addition, the College informed Student 1?s instructors that she had been involved in a traumatic incident and might need additional time to complete assignments. As described further below, Student 1 told OCR that she experienced depression resulting from the original incident and because she was ostracized by others in her dormitory. Student 1 proactively sought out counseling services at the College and attended two sessions in November 2011 before deciding that she would see an outside therapist. She maintains that the College did not contact her to offer her counseling until her mother and the university attended by her boyfriend1 notified the College that they were concerned about Student 1 being a threat to herself. The College stated that it repeatedly offered to Student 1 the services of Claremont Colleges? Monsour Counseling and Services. On Novembe ESL 2011, Student 1 informed the College that she was going to take a leave of absence for the following semester and apply to be a visiting student at another school. After Student 1 took her leave, the College allowed Student 2 to return to his original dormitory room since Student 1 was no longer on campus. The College did not inform Student 1 that Student 2 returned to the original dormitory; instead other students informed her. Student 1 feels Student 2 should not have been allowed to return to the dormitory, even though she was no longer there, because she felt the College should have continued to punish Student 2 by not allowing him to return. Student 1 has not returned to the College, and does not plan to return, as she has transferred to another university. Student 1 informed OCR that she did not return to the 1 Student 1's boyfriend reported to his own university that he was concerned about Student 1's state of mind. SOC (09-12-2151) Page 5 of 7 College because she was not satisfied with the College?s response to her complaint. However, she said that it was not related to Student 2 returning to the dormitory after she left, but rather because she felt the College was not responsive to her needs after the incident (including the reprisals by other students described below). Student 1 told OCR that if she wanted to return to the College she would not live in the dormitory in any event because it is for freshman. Issue 2: Whether the Recipient failed to respond adequately to internal complaints Student 1 made, stating that other students retaliated against her by ostracizing her after she filed complaints alleging a student sexually assaulted her? The Title IX regulations, at 34 C.F.R. ?106.71, incorporate 34 C.F.R. ?100.7(e) of the regulations implementing Title VI of the Civil Rights Act of 1964 and prohibits colleges from intimidating, coercing, or retaliating against individuals because they engage in activities protected by Title IX. When OCR investigates an allegation of retaliation, it examines whether the alleged victim engaged in a protected activity and was subsequently subjected to adverse action by the college, under circumstances that suggest a connection between the protected activity and the adverse action. If a preliminary connection is found, OCR asks whether the college can provide a nondiscriminatory reason for the adverse action. OCR then determines whether the reason provided is merely a pretext and whether the preponderance of the evidence establishes that the adverse action was in fact retaliation. The Policy Statement at the beginning of the College?s Sexual Harassment Policy and Procedures states that reprisals against any individual who in good faith raises a sexual harassment concern or makes a charge about conduct that may violate the policy will not be tolerated. The procedures also includes a provision that prohibits retaliation against persons for opposing practices prohibited by Title IX or for filing a complaint with or otherwise participating in an investigation, proceeding or hearing conducted by the Department of Fair Employment and Housing, the Fair Employment and Housing Commission, the US. Equal Opportunity Commission, or the Office for Civil Rights. 1?s parents informed the College that Stuent 1?s roommate and other students on her floor were isolating Student 1 and she was becoming increasingly depressed over it. Specifically, Student 1?s parents stated to the College that Student 1?s roommate was being somewhat hostile towards Student 1. They also said that the roommate and another suitemate told Student 1 that they blamed her for Student 2?s move and that she would I not be able to socialize with anyone on the floor. Student 1 informed her resident advisor that her roommate refused to share a room with her and that she felt left out of the social environment on her floor due to her roommate and other students? view that she should not have reported the incident to the College. 0 Through a series of emails from October011 through November 2011, Student On Octobe2011, the dean of students and vice president of student affairs met with Student 1?s roommate and asked her to be respectful and understanding of all SOC (09-12-2151) Page 6 of 7 parties, and told the roommate that she should move on and try to resume her relationships as they were a month ago. In early November 2011, at Student 1?s request, she participated in a conflict mediation meeting with her roommate led by her resident advisor. Student 1 stated that although she described specific hostile actions the roommate had taken, the resident advisor did not respond in any way. A few days later, prior to taking a leave of absence, Student 1 relocated to another dormitory with a new roommate because her roommate did not want to live with her and she also felt ostracized by other students on her floor. 6. On Novembergg? 2011, Student 1?s mother reported via email to the College that Student 1?s roommate was creating a hostile environment by posting a sign in her room about Student 1, making jokes about Student 1 and breaching confidentiality of the Agreement. The College responded by requesting that Student 1 provide this information in writing. The College did not treat the communications from Student 1 and her parents as complaints of retaliation for the sexual assault report under its policy and procedures. It did not investigate or take any other action in response to Student 1?s concerns other than speaking informally with the roommate, holding the mediation session and, discussing the situation with Student 1 when she or her parents initiated the discussion. As stated above, Student 1 left the College at the end of November 2011 and has no plans or desire to return. . What events led to resolution plan discussion? Check one or more boxes: Recipient initiated request for resolution prior to investigation. Evidence collected by OCR aligned with the need for resolution commitments No Resolution Agreement necessary. Alignment with Terms of the Proposed Resolution Agreement. Summary of proposed agreement provisions: The Recipient should: Include in the Sexual Harassment Procedures a description of what the Vice President?s final determination contains; a reasonable timeframe for the issuance of the Vice President?s determination; and a prohibition in the section entitled ?Retaliation? of retaliation against any person who reports discrimination or harassment or participates in related proceedings at the College. Revise the Sexual Harassment Policy and Procedures to clarify that complaints of sexual harassment by a student against another student are handled under those Procedures SOC (09-12-2151) Page 7 of 7 and that complaints of sexual assault by a student against another student are handled through the Student Code of Conduct. Include in the Code of Student Conduct Procedures remedies for the student who complains of sexual assault if it is found to have occurred, and a description of what the written notification of the decision will contain. Train its relevant staff, including residence hall advisors, on the revisions to the Sexual Harassment and Code of Student Conduct Procedures and the College?s responsibility to respond adequately to student complaints alleging retaliation for reporting discrimination to the College. Provide information to new students about the College?s policy prohibiting retaliation against fellow students who engage in a protected activity. UNITED STATES DEPARTMENT or EDUCATION mm 0, OFFICE FOR CIVIL RIGHTS CALIFORMA 5O BEALE ST, SUITE 7200 SAN FRANCISCO, CA 94105 March 29, 2012 (In reply, please refer to case no. 09-12-2151.) Dear On March 19, 2012, the US. Department of Education, Office for Civil Rights (OCR), received your complaint against Pitzer College (Recipient). Your complaint alleges discrimination on the basis of sex. OCR currently understands your allegations to be: 1. a student sexually assaulted you on 2011, and that the Recipient failed to respond appropriately and effectively to notice of the sexual assault; 2. the Recipient failed to respond adequately to internal complaints you made, starting on 01 1, stating that a student sexually assaulted you; 3. other students retaliated against you by ostracizing you after you filed complaints alleging a student sexually assaulted you; and 4. the Recipient failed to respond adequately to internal complaints you made, stating that other students retaliated against you by ostracizing you after you filed complaints alleging a student sexually assaulted you. OCR enforces Title VI of the Civil Rights Act of 1964, Title IX of the Education Amendments of 1972, Section 504 of the Rehabilitation Act of 1973, and the Age Discrimination Act of 1975. These laws prohibit discrimination on the basis of race, color, national origin, sex, disability and age in programs and activities operated by recipients of Federal financial assistance. Additionally, OCR enforces the Boy Scouts of America Equal Access Act, which addresses equal access to school facilities and certain other youth groups. The Recipient receives funds from the Department and is subject to the above laws and their regulations as enforced by OCR. We have determined that your complaint is appropriate for investigation under the laws enforced by OCR. OCR is now beginning the complaint resolution process. Because OCR has determined that it has jurisdiction and that the complaint was filed timely or qualified for a waiver of the timeliness requirement, it is opening these allegations for investigation. Please note that opening the allegations for investigation The Department of Education?s mission is to promote student achievement and preparation for global competitiveness by fostering educational excellence and ensuring equal access. . gov Page 2 (09-12-2151) in no way implies that OCR has made a determination with regard to their merits. During the investigation, OCR is a neutral fact-finder, collecting and analyzing relevant evidence from the complainant, the recipient, and other sources, as appropriate. OCR will ensure that its investigation is legally sufficient and is dispositive of the allegations, in accordance with the provisions of Article of the Case Processing Manual. We will contact you or your designated representative soon to discuss the allegations and complaint resolution process. OCR may close this complaint prior to making formal findings of compliance or non-compliance, provided that the circumstances or information gathered establishes an administrative or other basis for resolution in accordance with the Case Processing Manual. Federal regulations prohibit the Recipient from retaliating against you or from intimidating, threatening, coercing, or harassing you or anyone else because you filed a complaint with OCR or because you or anyone else take part in the complaint resolution process. Contact OCR if you believe such actions occur. Under the Freedom of Information Act, it may be necessary to release this document and related records upon request. In the event that OCR receives such a request, it will seek to protect, to the extent provided by law, personal information that, if released, could reasonably be expected to constitute an unwarranted invasion of privacy. If you have any questions about this letter, please call our office at 415-486-5555. Sincerely, Charles R. Love Program Manager UNITED STATES DEPARTMENT OF EDUCATION OFFICE FOR RIGHTS - REGION 1X March 19, 2012 (In reply, please refer to 09-12-2151.) (bx?xcbme) Dear This is to acknowledge that the US. Department of Education, San Francisco Office for Civil Rights (OCR), received your complaint on March 19, 2012. We are evaluating your complaint to determine whether OCR will accept your allegation(s) for investigation. Our target date for completion of this process is 30 days from the date of this letter. We will send you a letter notifying you of our determination. The enclosed information provides an overview of complaint evaluation and resolution procedures. If you have any questions concerning this correspondence, please call our office at (415) 486-5555 and refer your case number listed above. Sincerely, -f Dorothy W. Brady Enclosure 2(2 HEALE ST. 51 7.2110. SAN FRANCESCO. CA SH unit Im- .x :3 n- \fudi-nr .Ind for :r-sn-r ru'm :md e-nsunng US. Dept of Education MAR 9 2017. United States Departmentof Education af?ce for CNN Rights Of?ce for R'ghts San Francisco Office DISCRIMINATION COMPLAINT FORM You do not have to use this form to ?le a complaint with the US. Department of Education's Of?ce for Civil Rights (OCR). You may send OCR a letter or e-mail instead of this form, but the letter or e-mail must include the information in items one through nine and item fourteen of this form. If you decide to use this form, please type or print all information and use additional pages if more space is needed. An on- line version of this form, which can be submitted electronically, can be found at: ov re 's Before completing this form please read all information contained in the enclosed packet . including: Information About Complaint Resolution Procedures, Notice of Uses of Personal Information and the Consent Form. 1. Name of arson ?ling this complaint: Last Name: First Middle Name:_ (C) Addre: s' Marmara M6): City:_ State:_ Zip Code: W) Home Telephone; Work Telephone: E-mail Address: 2. Name of person discriminated against [if other than person ?ling). if the person discriminated against is age 18 or older, we will need that person's signature on this complaint form and the consent/release form before we can proceed with this complaint. If the person is a minor, and you do not have the legal authority to ?le a complaint on the student?s behalf, the signature of the child's parent or legal guardian is required. Last Name: First Name: Middle Name: Address: City: State: Zip Code: Home Telephone: Work Telephone: E-mail Address: Our Mission [3 to ensure equal access to education and to promote educational excellence throughout the Nation. Page 2 of US. Department of Education, Of?ce for Civil Rights Discrimination Complaint Form, Consent Form, and Complaint Processing Procedures 3. OCR investigates discrimination complaints against institutions and agencies which receive funds from the US. Department of Education and against public educational entities and libraries that are subject to the provisions of Title II of the Americans with Disabilities Act. Please identify the institution or agency that engaged in the alleged discrimination. If we cannot accept your complaint, we will attempt to refer it to the appropriate agency and will notify you of that fact. Name 'pld'7fr 6.64 8? Address: iosn A)an m; ll City: C?a re m0? State: (3 A Zip Code: Department/School: 4. The regulations OCR enforces prohibit discrimination on the basis of race, color, national origin, sex, disability, age or retaliation. Please indicate the basis of your complaint: Discrimination based on race (specify) Discrimination based on color (specify) Discrimination based on national origin (specify) IE Discrimination based on sex (specify) woje?on a1 "Fifi: in resioeayL of: a. :5:erth assW Jove. Q?o glue/M7" Page 3 of 11 US. Department of Education, Of?ce for Civil Rights Discrimination Complaint Form, Consent Form, and Complaint Processing Procedures Discrimination based on disability (specify) Discrimination based on age (specify) Retaliation because you ?led a complaint or asserted your rights (specify) Violation of the Boy Scouts of America Equal Access Act (specify) 5. Please describe each alleged discriminatory act. For each action, please include the date(s) the discriminatory act occurred, the name(s) of each person(s) involved and, why you believe the discrimination was because of race, disability, age, sex, etc. Also please provide the names of any person(s) who was present and witnessed the act(s) of discrimination. 5&6. AddEAole #l Page 4 of 11 US. Department of Education, Of?ce for Civil Rights Discrimination Complaint Form, Consent Form, and Complaint Processing Procedures 6. What is Date: 0 Cf- mne- (W6). recent date you were discriminated against? [dok 0r; matte/Mb) don begembergmi. 66? Mchum 6% (if 7. requirement. If this date is more than 180 days ago, you may request a waiver of the filing I am requesting a waiver ofthe 180-day time frame for filing this complaint. Please explain why you waited until now to ?le your complaint. 8. Have you attempted to resolve these allegations with the institution through an internal grievance procedure, appeal or due process hearing? ONO If you answered yes, please describe the allegations in your grievance or hearing, identify the date you ?led it, and tell us the status. if possible, please provide us with a copy of your grievance or appeal or due process request and, if completed, the decision in the matter. 0Y1 or about S?f9+- OYES (7XC) 90 . pi her [/7]pr Wolvch Filmer on rate f?Cmains unrteolveaL- If the allegations contained in this complaint have been ?led with any other Federal, 4 ramble" \17 state or local civil rights agency, or any Federal or state court, please give details and dates. We will determine whether it is appropriate to investigate your complaint based upon the speci?c allegations of your complaint and the actions taken by the other agency or court. Agency or Court: Date Filed: Case Number or Reference: Results of Investigation/ Findings by Agency or Court: Page 5 of US. Department of Education, Of?ce for Civil Rights Discrimination Complaint Form, Consent Form, and Complaint Processing Procedures 10. lfwe cannot reach you at your home or work, we would like to have the name and telephone number of another person (relative or friend) who knows where and when we can reach you. This information is not required, but it will be helpful to us. 6. 7 ?bx Last Name:_ First Name:_ Middle Name: C) Home Telephone Work Telephone:_ 11. What would you like the institution to do as a result of your complaint what remedy are you seeking? See. ?o?pndum 3 12. We cannot accept your complaint if it has not been signed. Please sign and date your complaint below. mmxmaxc) 2:15 l9? ate) (Date) (Signature of person in Item 2) Please mail the completed and signed Discrimination Complaint Form, your signed consent form and copies ofany written material or other documents you believe will help OCR understand your complaint to the OCR Enforcement Office responsible for the state where the institution or entity about which you are complaining is located. You can locate the mailing information for the correct enforcement of?ce on OCR's website at ht . PP C. Page 6 of US. Department ofEducation, Of?ce for Civil Rights Discrimination Complaint Form, Consent Form, and Complaint Processing Procedures CONSENT FORM- FOR USE OF PERSONAL INFORMATION Please sign and date section A, section or section and return to the address below: Complainant's Name (print or type): Institution Against Which Complaint is Filed: have read the section, ?lnvestigatory Uses of Personal information" in the OCR document "information about OCR's Complaint Processing Procedures," which explains OCR's use of personal information. i understand that the Privacy Act of 1974, 5 U.S.C. 5523, and the Freedom of information Act (FOIA), 5 U.S.C. 552, govern the use of personal information submitted to all Federal agencies and their individual components, including OCR. i will cooperate with investigation and complaint resolution activities undertaken on my behalf. I understand that my failure to cooperate with investigation may result in the closure of my complaint. I give OCR my consent to reveal my identity (and/or that of my minor child/ward on whose behalf the complaint is ?led) to the institution alleged to have discriminated, as well as other persons and entities, if OCR, in the course of its investigation or for enforcement activities, ?nds it 3 15 law Date 0R 1 do not give OCR my consent to reveal my identity (and/or that of my minor child/ward on whose behalf the complaint is ?led). i understand that OCR may have to close this complaint if OCR is unable to proceed with an investigation without releasing my identity (and/or that of my minor child/ward on whose behalf the complaint is ?led). Signature Date Alternatively, if you are not ?ling this complaint on your own behalf or on behalf of your own minor child /ward, you are responsible for obtaining written consent from the person on whose behalf the complaint is ?led orminor, that person's parent/guardian. I have read this document, and i agree with the person who ?led this complaint. 1 wish you to proceed with OCR's investigation and resolution process. i give my consent for OCR to reveal my identity (and/or that of my minor child/ward on whose behalf the complaint is ?led) to other persons to the extent necessary for the purpose of resolution or investigation ofthis complaint. Name (print or type]: Signature Date Addendum #1 to Discrimination Complaint Form Filed by Discriminatory Act Dates (on or about) Persons involved Other witnesses :(bx?xtb?xC) Iwas sexually assaulted Rent to emergency room; reported incident to Pitzer Pitzer College failed to remove assailant from next door room Pitzer College pursued an alternate resolution knowing as ated 'o retaliatory pressure from the assailant?s peers. College failed to follow proper grievance procedures permitting the matter to be resolved by a purported agreement. Pitzer College failed to provide comprehensive victim services Pitzer College failed to provide adequate educational programs about sexual assault and retaliatory harassment. Pitzer College fa' protectla?: $632: I 1 zer ollege failed to prevent retaliatory harassment/ bullying/revictimzation Page 083 of 985 Withheld pursuant to exemption of the Freedom of Information and Privacy Ad Page 084 of 985 Withheld pursuant to exemption of the Freedom of Information and Privacy Ad Page 085 of 985 Withheld pursuant to exemption of the Freedom of Information and Privacy Ad Page 086 of 985 Withheld pursuant to exemption of the Freedom of Information and Privacy Ad UNITED STATES DEPARTMENT OF l?l'S l\ i ?lm ll; may; MAR 2 9 2013 (In reply, please refer to 09-12-2151.) Dear (bx On March 19, 2012, the US. Department of Education, Office for Civil Rights (OCR), received a complaint against Pitzer College. The complaint alleged that the College discriminated against the Complainant based on sex. Specifically the Complainant alleged that the College failed to respond adequately to internal complaints she made stating that a male student sexually assaulted her. In addition, the complaint alleged that the College failed to respond adequately to an internal complaint the Complainant made stating that other students retaliated against her by ostracizing her after she filed the sexual assault complaint. OCR enforces Title IX of the Education Amendments of 1972 and its implementing regulation. Title IX prohibits discrimination on the basis of sex in education programs and activities operated by recipients of Federal financial assistance. The College receives funds from the Department and is subject to Title IX and the regulation. In September 2011, the Complainant filed a complaint with the College alleging that she had been sexually assaulted in her dormitory by a male student who lived in an adjacent room. The College initiated an investigation and began a disciplinary process against the male student. The two students acknowledged that they had engaged in sex but provided different statements as to what else had occurred. In October 2011, the Complainant requested that the College resolve her complaint informally without Student 2 facing expulsion. The College facilitated a confidential agreement which both students agreed would fully resolve what occurred and all related matters that arosel from the incident. The Agreement included llu- i)i- mmnc-nl of him lilinn mission is In slink-i=1 hit-vvnu'nt and m' lur Ll?ll?i u'litn'i-nvss l. In trimming; (-dm \m and (-nsminy, l'trimi mums way? .I 'tfyy?k' Page 2 (09?12?2151) ((21 The Complainant has not returned to the College and does not plan to return, as she has transferred to another university. The Complainant also complained to the College that she was subjected to retaliation and ostracism by other students in her residence hall as a result of her sexual assault complaint. OCR identified certain concerns with the manner in which the College responded to the allegations of retaliation. OCR also identi?ed some concerns regarding the College?s sexual harassment complaint procedures. However, prior to the completion of the investigation, the College indicated its interest in a voluntary resolution agreement. Under OCR procedures (Article Section 302), a complaint may be resolved at any time when, before the conclusion of an investigation, the recipient expresses an interest in resolving the complaint. On September 28, 2012, the College communicated to OCR that it was interested in resolving this complaint. OCR informed the College that resolving the complaint prior to completion of the investigation was voluntary. OCR also informed the Complainant of the College?s interest in resolving the complaint. To resolve these issues, the College, without admitting to any violations of Federal laws enforced by OCR, voluntarily signed an Agreement which commits the College to the following steps: 1) revise the College?s Sexual Harassment Policy and Procedures and Code of Student Conduct Procedures; 2) provide training to its relevant staff, including resident hall advisors, on the revisions to the Sexual Harassment and Code of Student Conduct Procedures and the College?s responsibility to respond adequately to student complaints alleging retaliation for reporting discrimination to the College; and 3) provide annually, as part of its orientation to new students, information about the policy prohibiting retaliation against other students who attempt to assert a right protected by the federal civil rights laws, or cooperation in any mediation, investigation, hearing, or other part of a discrimination investigation, conciliation or enforcement process. Based upon the College?s assurance that the provisions contained in the Agreement are being or will be implemented, OCR considers the above-referenced complaint resolved as of the date of this letter. OCR is informing the Complainant of this resolution by a concurrent letter. OCR will monitor the College?s full implementation of the commitments contained in the Agreement. Page 3 (09-12-2151) If you have any questions about this letter, please call Gemini McCasland at (415) 486- 5536. Sincerely, Sara Berman Team Leader Enclosure Pitzer College Case Number 09-12-2151 Resolution Aqreement referenced complaint. In order to resolve the allegations raised in this complaint filed with OCR under Title IX of the Education Amendments of 1972 and its implementing regulations, and without admitting to any violation of law, Pitzer College (College) agrees to implement the following resolution provisions. A. Sexual Harassment Policy and Procedures and Code of Student Conduct Procedures 1. The College will revise its Sexual Harassment Policy and Procedures as follows: specify a reasonable timeframe for issuance of the vice president?s determination on sexual harassment complaints. include a statement that the notice to the complainant of the vice president?s determination on a sexual harassment complaint should include at a minimum a statement of the allegations investigated, a (0) add to the section entitled ?Retaliation? a prohibition of retaliation against any person who reports alleged discrimination including sexual harassment or participates in related proceedings at the College. clarify that complaints of sexual harassment filed by a student against another student are handled under the procedures and that complaints of sexual assault ?led by a student against another student are handled through the Code of Student Conduct Procedures. 2. The College will revise its Code of Student Conduct Procedures to add the following: provision stating that the Judicial Council will identify individual remedies for the student who complains of sexual assault if it is found to have occurred, with examples of the types of remedies available and an assurance that the College will offer counseling and academic support services to any person found to have been subjected to sexual assault. Page 2 Resolution Agreement 09-12-2151 written notification of the Judicial Council?s decision provided to the complainant, which will include a statement of the allegations investigated, a description of the investigative steps, a summary of the facts, the basis for the determination, and information concerning the remedies for the complainant if sexual assault it is found to have occurred. a description of the process that a complainant can use to appeal the decision of the Judicial Council. By April 30, 2013, the College will provide OCR with a draft of its revised Sexual Harassment and Code of Student Conduct Procedures, and will work collaboratively with OCR to address any concerns OCR identi?es. Within 30 calendar days of written notification from OCR that the revised Procedures are approved, the College will adopt and implement them and will provide all faculty, staff and students with written notice regarding the revised Procedures, together with information on how to obtain copies. The College will, at a minimum, make this noti?cation through the College?s website, electronic mail messages to faculty, staff and students, any regularly issued newsletters (in print or on-line), and revision of the Student Handbook, as well as by any other additional means of noti?cation the College deems effective to ensure that the Procedures are widely disseminated. B. Training: 1. The College will provide training to its relevant staff, including residence hall advisors, on the revisions to the Sexual Harassment and Code of Student Conduct Procedures described above and speci?cally the College?s responsibility to respond adequately to student complaints alleging retaliation for reporting discrimination to the College. 2. The College will provide annually, as part of its orientation to new students, information about the policy prohibiting retaliation against other students who attempt to assert a right protected by the federal civil rights laws, or cooperate in any mediation, investigation, hearing, or other part of a discrimination investigation, conciliation or enforcement process. The information provided will include a de?nition of retaliation as intimidating, threatening, coercing, or harassing any other student. Within 60 days of OCR approval of the revised Sexual Harassment and Code of Student Conduct Procedures, or after September 30, whichever date is later, the College will provide training to the relevant staff and a written report to OCR describing and documenting the training. The report Page 3 Resolution Agreement 09-12-2151 will also describe what actions the College took to provide information to new students during the fall 2013 orientation. The College understands that OCR will not close the monitoring of this agreement until OCR determines that it has fulfilled the terms of this agreement and is in compliance with the regulation implementing Title IX of the Education Amendments of 1972, which was at issue in this case. requirements of this agreement. Further, the College understands that during the monitoring of this agreement, if necessary, OCR may visit the College, interview staff and students, and request such additional reports or data as are necessary for OCR to determine whether the College has ful?lled the terms of this agreement and is in compliance with the regulation implementing Title IX of the Education Amendments of 1972. The College understands and acknowledges that OCR may initiate administrative enforcement or judicial proceedings to enforce the speci?c terms and obligations of this Agreement. Before initiating administrative enforcement (34 CPR 100.9, 100.10), or judicial proceedings to enforce this Agreement, OCR shall give the College written notice of the alleged breach and a minimum of sixty (60) calendar days to cure the alleged breach. a 50 3/22/8 Laura andera mbley, Date President Pitzer College McCasland, Gemini From: Sent To: Subject: Attachments: The third e-mail. II Page 095 of 985 Withheld pursuant to exemption of the Freedom of Information and Privacy Ad Page 096 of 985 Withheld pursuant to exemption of the Freedom of Information and Privacy Ad Page 097 of 985 Withheld pursuant to exemption of the Freedom of Information and Privacy Ad Page 098 of 985 Withheld pursuant to exemption of the Freedom of Information and Privacy Ad Page 099 of 985 Withheld pursuant to exemption of the Freedom of Information and Privacy Ad Page 100 of 985 Withheld pursuant to exemption of the Freedom of Information and Privacy Ad Page 101 of 985 Withheld pursuant to exemption 0f the Freedom Of Information and Privacy Ad Page 102 of 985 Withheld pursuant to exemption of the Freedom of Information and Privacy Ad Page 103 of 985 Withheld pursuant to exemption of the Freedom of Information and Privacy Ad Page 104 of 985 Withheld pursuant to exemption of the Freedom of Information and Privacy Ad Page 105 of 985 Withheld pursuant to exemption of the Freedom of Information 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pursuant to exemption of the Freedom of Information and Privacy Ad Page 150 of 985 Withheld pursuant to exemption of the Freedom of Information and Privacy Ad Page 151 of 985 Withheld pursuant to exemption 0f the Freedom Of Information and Privacy Ad Page 152 of 985 Withheld pursuant to exemption of the Freedom of Information and Privacy Ad Page 153 of 985 Withheld pursuant to exemption of the Freedom of Information and Privacy Ad Page 154 of 985 Withheld pursuant to exemption of the Freedom of Information and Privacy Ad Page 155 of 985 Withheld pursuant to exemption of the Freedom of Information and Privacy Ad McCasland, Gemini From: Sent: luesday, September 18, 2012 6:12 PM To: McCasland, Gemini Cc: Subject: Attachments: Emails.pdf The second of three. (C) EMAILS Page 158 of 985 Withheld pursuant to exemption of the Freedom of Information and Privacy Ad Page 159 of 985 Withheld pursuant to exemption of the Freedom of Information and Privacy Ad Page 160 of 985 Withheld pursuant to exemption of the Freedom of Information and Privacy Ad Page 161 of 985 Withheld pursuant to exemption 0f the Freedom Of Information and Privacy Ad Page 162 of 985 Withheld pursuant to exemption of the Freedom of Information and Privacy Ad Page 163 of 985 Withheld pursuant to exemption of the Freedom of Information and Privacy Ad Page 164 of 985 Withheld pursuant to exemption of the Freedom of Information and Privacy Ad Page 165 of 985 Withheld pursuant to exemption of the Freedom of Information and Privacy Ad Page 166 of 985 Withheld pursuant to exemption of the Freedom of Information and Privacy Ad Page 167 of 985 Withheld pursuant to exemption of the Freedom of Information and Privacy Ad Page 168 of 985 Withheld pursuant to exemption of the Freedom of 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985 Withheld pursuant to exemption of the Freedom of Information and Privacy Ad Page 213 of 985 Withheld pursuant to exemption of the Freedom of Information and Privacy Ad Page 214 of 985 Withheld pursuant to exemption of the Freedom of Information and Privacy Ad Page 215 of 985 Withheld pursuant to exemption of the Freedom of Information and Privacy Ad Page 216 of 985 Withheld pursuant to exemption of the Freedom of Information and Privacy Ad Page 217 of 985 Withheld pursuant to exemption of the Freedom of Information and Privacy Ad Page 218 of 985 Withheld pursuant to exemption of the Freedom of Information and Privacy Ad Page 219 of 985 Withheld pursuant to exemption of the Freedom of Information and Privacy Ad Page 220 of 985 Withheld pursuant to exemption of the Freedom of Information and Privacy Ad Page 221 of 985 Withheld pursuant to exemption of the Freedom of Information and Privacy Ad Page 222 of 985 Withheld pursuant to exemption of the Freedom of Information and Privacy Ad Page 223 of 985 Withheld pursuant to exemption of the Freedom of Information and Privacy Ad Page 224 of 985 Withheld pursuant to exemption of the Freedom of Information and Privacy Ad Page 225 of 985 Withheld pursuant to exemption of the Freedom of Information and Privacy Ad Page 226 of 985 Withheld pursuant to exemption of the Freedom of Information and Privacy Ad Page 227 of 985 Withheld pursuant to exemption of the Freedom of Information and Privacy Ad Page 228 of 985 Withheld pursuant to exemption of the Freedom of Information and Privacy Ad McCasland, Gemini From: Sent: Tuesday, September 18, 2012 6:11 PM To: . - cc: Subject: emails Attachments: (wig): Fma Is .pdf Dear Ms. McCaslandresponse to your recent voucemail request to I attaching In this and the next two e-malls all of the correspondence that we had in connectior the incident at Pitzer. These materials do not include print-outs of facebook conversations and I?m not sure has an of those, but by this e-mail I?m asking her to look one more time. Attached to this e-mail is the correspondencead. The next includesorrespondence and the third will include my correspondence. I think you have most of the materials from the second and third e-mails already, but I?m including them for completeness. Let us know if you have any questions. Best regards, EMAILS Page 231 of 985 Withheld pursuant to exemption of the Freedom of Information and Privacy Ad Page 232 of 985 Withheld pursuant to exemption of the Freedom of Information and Privacy Ad Page 233 of 985 Withheld pursuant to exemption of the Freedom of Information and Privacy Ad Page 234 of 985 Withheld pursuant to exemption of the Freedom of Information and Privacy Ad Page 235 of 985 Withheld pursuant to exemption of the Freedom of Information and Privacy Ad Page 236 of 985 Withheld pursuant to exemption of the Freedom of Information and Privacy Ad Page 237 of 985 Withheld pursuant to exemption of the Freedom of Information and Privacy Ad Page 238 of 985 Withheld pursuant to exemption of the Freedom of Information and Privacy Ad Page 239 of 985 Withheld pursuant to exemption of the Freedom of Information and Privacy Ad Page 240 of 985 Withheld pursuant to exemption of the Freedom of Information and Privacy Ad Page 241 of 985 Withheld pursuant to exemption of the 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Privacy Ad Page 296 of 985 Withheld pursuant to exemption of the Freedom of Information and Privacy Ad Page 297 of 985 Withheld pursuant to exemption of the Freedom of Information and Privacy Ad Page 298 of 985 Withheld pursuant to exemption of the Freedom of Information and Privacy Ad Page 299 of 985 Withheld pursuant to exemption of the Freedom of Information and Privacy Ad Page 300 of 985 Withheld pursuant to exemption of the Freedom of Information and Privacy Ad Page 301 of 985 Withheld pursuant to exemption of the Freedom of Information and Privacy Ad Page 302 of 985 Withheld pursuant to exemption of the Freedom of Information and Privacy Ad Page 303 of 985 Withheld pursuant to exemption of the Freedom of Information and Privacy Ad Page 304 of 985 Withheld pursuant to exemption of the Freedom of Information and Privacy Ad Page 305 of 985 Withheld pursuant to exemption of the Freedom of Information and Privacy Ad Page 306 of 985 Withheld pursuant to exemption of the Freedom of Information and Privacy Ad Page 307 of 985 Withheld pursuant to exemption of the Freedom of Information and Privacy Ad Page 308 of 985 Withheld pursuant to exemption of the Freedom of Information and Privacy Ad Page 309 of 985 Withheld pursuant to exemption of the Freedom of Information and Privacy Ad McCasland, Gemini From: McCasland, Gemini Sent: Monda Setember 10, 2012 9:03 AM . . . Subject: RE: More Information on bullyingThank you for this additional Information. As concerns the facebook conversations you submitted to Dean please describe what they stated, or send a copy if you still have it. Also, in regard to the sign your roommate posted about you, what did it say, and did you inform the College what it stated? In addition, what were the jokes students made about you, and did you report what the jokes were to the College? Gemini J. McCasland Attorney Office for Civil Rights US. Department of Education 50 Beale Street, Suite 7200 San Francisco, California 94105 Direct: (415) 486-5536 Facsimile: (415) 486-5570 gemini.mccasland@ed.gov Annccano From: Sent: Sunday, beptember 09, 2012 2:00 PM To: McCasland, Gemini Subject: More information on bullying Ms. McCasland, After i had felt there was a breach of confidentiality and to evidence the retaliation I was subiecte to, I printed out . . . 7 . . face ook conve satlons that I had had With my roommate and submitted them to Dean I also discussed wuth and Dean on several occasuons the retaliatory Issues was havmg on my floor after mv roommate I hope this information is helpful, if there is anything else you need I'd be happy to help. 1 McCasland, Gemini Sent: S?n ay, September 09, 2012 2:06 PM To: McCasland, Gemini Subl'ect: More information on Ms. McCasland, After I had felt there was a breach of confidentiality and to evidence the retaliation was sub'ected to, I printed out faceb ok conve sations that I had had with my roommate and submitted them to Dean also discussed with 6. 7 . . . . Dean ?bx and bn several occasnons the retaliatory Issues I was havmg on my floor after mv roommate I hope this information is helpful, if there is anything else you need I'd be happy to help. Page 312 of 985 Withheld pursuant to exemption of the Freedom of Information and Privacy Ad McCasland, Gemini From: Sent: Augu5t 49, 2012 5:07 PM To; Mt?r?acland ram?4; Cc. Subject: rvv. bean Job Attachments: Document. attacn correspondence relating to thEPitzer College matter. Please contact me with any questions you may have about the attachments. Best regards, Page 314 of 985 Withheld pursuant to exemption of the Freedom of Information and Privacy Ad Page 315 of 985 Withheld pursuant to exemption of the Freedom of Information and Privacy Ad Page 316 of 985 Withheld pursuant to exemption of the Freedom of Information and Privacy Ad Page 317 of 985 Withheld pursuant to exemption of the Freedom of Information and Privacy Ad Page 318 of 985 Withheld pursuant to exemption of the Freedom of Information and Privacy Ad Page 319 of 985 Withheld pursuant to exemption of the Freedom of Information and Privacy Ad Page 320 of 985 Withheld pursuant to exemption of the Freedom of Information and Privacy Ad Page 321 of 985 Withheld pursuant to exemption of the Freedom of Information and Privacy Ad Page 322 of 985 Withheld pursuant to exemption of the Freedom of Information and Privacy Ad Page 323 of 985 Withheld pursuant to exemption of the Freedom of Information and Privacy Ad Page 324 of 985 Withheld pursuant to exemption of the Freedom of Information and Privacy Ad Page 325 of 985 Withheld pursuant to exemption of the Freedom of Information and Privacy Ad Page 326 of 985 Withheld pursuant to exemption of the Freedom of Information and Privacy Ad Page 327 of 985 Withheld pursuant to exemption of the Freedom of Information and Privacy Ad Page 328 of 985 Withheld pursuant to exemption of the Freedom of Information and Privacy Ad Page 329 of 985 Withheld pursuant to exemption of the Freedom of Information and Privacy Ad Page 330 of 985 Withheld pursuant to exemption of the Freedom of Information and Privacy Ad Page 331 of 985 Withheld pursuant to exemption of the Freedom of Information and Privacy Ad Page 332 of 985 Withheld pursuant to exemption of the Freedom of Information and Privacy Ad Page 333 of 985 Withheld pursuant to exemption of the Freedom of Information and Privacy Ad Page 334 of 985 Withheld pursuant to exemption of the Freedom of Information and Privacy Ad Page 335 of 985 Withheld pursuant to exemption of the Freedom of Information and Privacy Ad Page 336 of 985 Withheld pursuant to exemption of the Freedom of Information and Privacy Ad Page 337 of 985 Withheld pursuant to exemption of the Freedom of Information and Privacy Ad Page 338 of 985 Withheld pursuant to exemption of the Freedom of Information and Privacy Ad Page 339 of 985 Withheld pursuant to exemption of the Freedom of Information and Privacy Ad Page 340 of 985 Withheld pursuant to exemption of the Freedom of Information and Privacy Ad Page 341 of 985 Withheld pursuant to exemption of the Freedom of Information and Privacy Ad Page 342 of 985 Withheld pursuant to exemption of the Freedom of Information and Privacy Ad McCasland, Gemini From: McCasland, Gemini Sent: Wednesday, Auqust 29, 2012 2:10 PM To: Subject: itzer College 09- 2-2151 Please re-send to me the emails you sent to the College regarding the retaliation from other students. Also, please describe what occurred during the month between the time you filed your complaint with the College and the signing of the agreement. Include information about who spoke with you about the resolution, how many times, and what was occurring. If you have any questions or would rather provide this information by phone, you can reach me at (415) 486- 5536. Thank you, Gemini McCasland Attorney Office for Civil Rights U.S. Department of Education 50 Beale Street, Suite 7200 San Francisco, California 94105 (415) 486-5536 Direct (415) 486-5570 Facsimile U.S. Department of Education Office for Civil Rights Region IX, San Francisco Office Interview Memorandum Complaint: Pitzer Colle e, 09-12-2151 Interviewee: complainant) Interviewer: Gemini McCasland, OCR Attorney Date: 8/21/12 Location of interview: Telephone call I informed the complainant that it would be helpful to OCR's investigation to understand how the District responded to the assault, and reassured her that I would not ask any questions about the assault itself. I offered to schedule a date and time to speak with her, but she indicated that she was willing to speak with OCR at that moment. The complainant provided the following information in response to my questions. Page 345 of 985 Withheld pursuant to exemption of the Freedom of Information and Privacy Ad UNITED YATES DEPAR OF OFFICE FOR CIVH REGION 3n Biz-u} 1: 941113 MR 2 9 2013 Laura Skandera Trombley, President Pitzer College Broad Center, 2nd Floor 1050 North Mills Avenue Claremont, California 91711 (In reply, please refer to 09-12-2151.) Dear President Trombley: On March 19, 2012, the US. Department of Education, Office for Civil Rights (OCR), received a complaint against Pitzer College. The complaint alleged that the College discriminated against the Complainant based on sex. Speci?cally the Complainant alleged that the College failed to respond adequately to internal complaints she made stating that a male student sexually assaulted her. In addition, the complaint alleged that the College failed to respond adequately to an internal complaint the Complainant made stating that other students retaliated against her by ostracizing her after she ?led the sexual assault complaint. OCR enforces Title IX of the Education Amendments of 1972 and its implementing regulation. Title IX prohibits discrimination on the basis of sex in education programs and activities operated by recipients of Federal ?nancial assistance. The College receives funds from the Department and is subject to Title IX and the regulation. In September 2011, the Complainant filed a complaint with the College alleging that she had been sexually assaulted in her dormitory by a male student who lived in an adjacent room. The College initiated an investigation and began a disciplinary process against the male student. The two students acknowledged that they had engaged in sex but provided different statements as to what else had occurred. In October 2011, the Complainant requested that the College resolve her complaint informally without Student 2 facing expulsion. The College facilitated a confidential agreement which both students agreed would fully resolve what occurred and all related matters that arose from the incident. The Agreement (if Edmuiliun'a mission is In prumutv sliitli-nl .ind preparation ?Mimi rumpi?lilivvm'ss in luslvrini; ulm'tiliunal (?Vl i'llcni -- and running t'qiml .u'u'xs, Wit twig! Page 2 (09-12-2151) Cb) (6). The Complainant has not returned to the College and does not plan to return, as she has transferred to another university. The Complainant also complained to the College that she was subjected to retaliation and ostracism by other students in her residence hall as a result of her sexual assault complaint. OCR identified certain concerns with the manner in which the College responded to the allegations of retaliation. OCR also identi?ed some concerns regarding the College?s sexual harassment complaint procedures. However, prior to the completion of the investigation, the College indicated its interest in a voluntary resolution agreement. Under OCR procedures (Article Section 302), a complaint may be resolved at any time when, before the conclusion of an investigation, the recipient expresses an interest in resolving the complaint. On September 28, 2012, the College communicated to OCR that it was interested in resolving this complaint. OCR informed the College that resolving the complaint prior to completion of the investigation was voluntary. OCR also informed the Complainant of the College?s interest in resolving the complaint. To resolve these issues, the College, without admitting to any violations of Federal laws enforced by OCR, voluntarily signed an Agreement which commits the College to the following steps: 1) revise the College?s Sexual Harassment Policy and Procedures and Code of Student Conduct Procedures; 2) provide training to its relevant staff, including resident hall advisors, on the revisions to the Sexual Harassment and Code of Student Conduct Procedures and the College?s responsibility to respond adequately to student complaints alleging retaliation for reporting discrimination to the College; and 3) provide annually, as part of its orientation to new students, information about the policy prohibiting retaliation against other students who attempt to assert a right protected by the federal civil rights laws, or cooperation in any mediation, investigation, hearing, or other part of a discrimination investigation, conciliation or enforcement process. Based upon the College?s assurance that the provisions contained in the Agreement are being or will be implemented, OCR considers the above-referenced complaint resolved as of the date of this letter. OCR is informing the Complainant of this resolution by a concurrent letter. OCR will monitor the College?s full implementation of the commitments contained in the Agreement. Page 3 (09-12-2151) If you have any questions about this letter, please call Gemini McCasland at (415) 486- 5536. Sincerely, Sara Berman Team Leader Enclosure cc: Arlene Prater, Esq. Best Best Krieger LLP Pitzer College Case Number 09-12-2151 Resolution Agreement Pursuant to the US. Department of Education, Office for Civil Rights (OCR) Case Processing Manual at Section 302, OCR has the authority to accept this resolution agreement before the conclusion of the investigation of the above.- referenced complaint. In order to resolve the allegations raised in this complaint filed with OCR under Title IX of the Education Amendments of 1972 and its implementing regulations, and without admitting to any violation of law, Pitzer College (College) agrees to implement the following resolution provisions. A. Sexual Harassment Policy and Procedures and Code of Student Conduct Procedures 1. The College will revise its Sexual Harassment Policy and Procedures as follows: (C) specify a reasonable timeframe for issuance of the vice president?s determination on sexual harassment complaints. include a statement that the notice to the complainant of the vice president?s determination on a sexual harassment complaint should include at a minimum a statement of the allegations investigated, a description of the investigative steps, a summary of the facts, the basis for the determination, and information concerning the actions to be taken to remedy any harm it discrimination is found. add to the section entitled ?Retaliation? a prohibition of retaliation against any person who reports alleged discrimination including sexual harassment or participates in related proceedings at the College. clarify that complaints of sexual harassment filed by a student against another student are handled under the procedures and that complaints of sexual assault ?led by a student against another student are handled through the Code of Student Conduct Procedures. 2. The College will revise its Code of Student Conduct Procedures to add the following: provision stating that the Judicial Council will identify individual remedies for the student who complains of sexual assault if it is found to have occurred, with examples of the types of remedies available and an assurance that the College will offer counseling and academic support services to any person found to have been subjected to sexual assault. Page 2 Resolution Agreement 09-12-2151 written notification of the Judicial Council's decision provided to the complainant, which will include a statement of the allegations investigated, a description of the investigative steps, a summary of the facts, the basis for the determination, and information concerning the remedies for the complainant if sexual assault it is found to have occurred. (0) a description of the process that a complainant can use to appeal the decision of the Judicial Council. By April 30, 2013, the College will provide OCR with a draft of its revised Sexual Harassment and Code of Student Conduct Procedures, and will work collaboratively with OCR to address any concerns OCR identi?es. Within 30 calendar days of written notification from OCR that the revised Procedures are approved, the College will adopt and implement them and will provide all faculty, staff and students with written notice regarding the revised Procedures, together with information on how to obtain copies. The College will, at a minimum, make this notification through the College?s website, electronic mail messages to faculty, staff and students, any regularly issued newsletters (in print or on-line), and revision of the Student Handbook, as well as by any other additional means of noti?cation the College deems effective to ensure that the Procedures are widely disseminated. 8. Training: 1. The College will provide training to its relevant staff, including residence hall advisors, on the revisions to the Sexual Harassment and Code of Student Conduct Procedures described above and speci?cally the College?s responsibility to respond adequately to student complaints alleging retaliation for reporting discrimination to the College. 2. The College will provide annually, as part of its orientation to new students, information about the policy prohibiting retaliation against other students who attempt to assert a right protected by the federal civil rights laws, or cooperate in any mediation, investigation, hearing, or other part of a discrimination investigation, conciliation or enforcement process. The information provided will include a de?nition of retaliation as intimidating, threatening, coercing, or harassing any other student. Within 60 days of OCR approval of the revised Sexual Harassment and Code of Student Conduct Procedures, or after September 30, whichever date is later, the College will provide training to the relevant staff and a written report to OCR describing and documenting the training. The report Page 3 Resolution Agreement 09-12-2151 will also describe what actions the College took to provide information to new students during the fall 2013 orientation. The College understands that OCR will not close the monitoring of this agreement until OCR determines that it has fulfilled the terms of this agreement and is in compliance with the regulation implementing Title IX of the Education Amendments of 1972, which was at issue in this case. The College understands that by signing this agreement, it agrees to provide data and other information in a timely manner in accordance with the reporting requirements of this agreement. Further, the College understands that during the monitoring of this agreement, if necessary, OCR may visit the College, interview staff and students, and request such additional reports or data as are necessary for OCR to determine whether the College has ful?lled the terms of this agreement and is in compliance with the regulation implementing Title IX of the Education Amendments of 1972. The College understands and acknowledges that OCR may initiate administrative enforcement or judicial proceedings to enforce the specific terms and obligations of this Agreement. Before initiating administrative enforcement (34 C.F.R. 100.9, 100.10), orjudicial proceedings to enforce this Agreement, OCR shall give the College written notice of the alleged breach and a minimum of sixty (60) calendar days to cure the alleged breach. 57/? Date President Pitzer College McCasland, Gemini From: i Sent: ri ay, September 14, 2012 3:52 PM To: - - emini Cc: SUbjeCti RE: Pitzer College File No I In response to your QUCStion the staff member Hun chit-?lane an flan . . . . . . Please let me know if you have any additional questions or reqUIre any additional information. Thank you. axe) From: McCasland, Gemini Sent: Thursday, September 13, 2012 1:46 PM To (bbemc) Subject: RE: Pitzer College File No Thank you for this information you provided last month. Can you also tell me who was the staff member who accompanied the student to the hospital 0 The only information we have is that it was a professional staff member on call that Gemini Message-m- From I Sent: Thursday, August 16, 2012 11:24 AM To: McCasland Gemini Cc; Subject: RE: Pitzer College File Pitzer College understands thatill not be returning to the College this year. Please let me know if you have any other questions. Thank you. McCasland, Gemini Sent: "Way, August 16, 2012 11:24 AM T0: ?emini Cc: Subject: itzer College File No. Pitzer College understands that 99?? will not be returning to the College this year. Please let me know if you have any other questions. Thank you. gig?) From: McCasland, Gemini Sent: Wednesday, August 15, 2012 2:40 PM TO Subject: FW: Pitzer College File No I anticipate that I will be able to discuss with you the possible resolution of this complaint before the end of this month. Please let me know whether the Complainant has returned to the College. Thank you, Gemini Gemini J. McCasland Attorney Office for Civil Rights US. Department of Education 50 Beale Street, Suite 7200 San Francisco, California 94105 Direct: (415) 486-5536 Facsimile: (415) 486-5570 gemini.mccasland@ed.gov From; Sent: soay, June it), 2012 1:01 PM To: McCasland, Gemini CC - Su zer College File No. Ms. McCasland, I hope the following will answer your questions. Pitzer College has one Sexual Harassment Policy that applies to students, staff ano raculty. A copy is contained in the Student Handbook on pages 69-75, which is included in Exhibit 1 to Pitzer College?s Response sent to you by overnight mail on May 17. For your convenience, another copy of the same Sexual Harassment Policy is attached. As you will note, the differences in application (to students, staff and faculty) are who is the designated College official to submit the complaint to, the composition of the Hearing Committee and who hears the appeal after the formal process. On page 49 of the Code of Student Conduct (included in Exhibit 1 to the Response), it states that cases of sexual harassment [student to student] will follow the Sexual Harassment Policy and Procedures in the Handbook. However, the alleged incident in question would not fall under the Sexual Harassment Policy but under the Code of Student Conduct, under Proscribed Conduct (Section in the Sexual Offenses Category (Section (pages 51-52 of the Student Handbook, Exhibit 1). Please let me know if you have any other questions on this or anything else in the College's Response and Exhibits or if I can be of any further assistance. Thank you. 98.0)) .) From: McCasIand, Gemini Sent: Fri .- 2, 2012 4:59 PM TO Subject: Pitzer College File Thank you for responding so quickly to my call concerning this complaint ?led with the US. Department of Education, Office for Civil Rights. Within the Sexual Harassment Procedure included in the Student Handbook, there is a reference to handling student to student cases with the Code of Student Conduct. Please confirm whether student to student cases of sexual harassment are handled through the Code of Student Conduct, or the Sexual Harassment procedure included in the Student Handbook. If it is indeed through the Code of Student Conduct, we are requesting a copy of it. In addition, please let me know which policy is used for a sexual harassment allegation by an employee against a student. If another procedure is used for that type of case, please provide a copy of it. Gemini J. McCasIand Attorney US. Department of Education Office for Civil Rights 50 Beale Street, Suite 7200 San Francisco, California 94105 (415) 486-5536 Direct (415)486-5570 Facsimile gemini.mccasland@ed.gov Pitzer College SEXUAL HARASSMENT POLICY AND PROCEDURES It is the policy of Pitzer College to maintain the College community as a place of work and study for students, faculty, and staff free of sexual harassment and all forms of sexual intimidation and exploitation. It is fundamental to the concepts of academic freedom and equal opportunity that each member of the College community be treated with dignity and without regard to any factor irrelevant to participation in the activities of this community. It is further the policy of the College to prevent, correct, and remedy sexual harassment. All students, faculty, and staff are subject to this policy. Persons who are not employees of the College but who perform work at the College for its benefit (such as contractors and their employees, temporary employees provided by agencies, visitors engaged in joint projects, etc.) or are present on campus as visitors or the guests of students, faculty or staff, are required to comply with this policy. Violation of this policy by such persons is likely to result in their being barred from Pitzer?s campus upon the first o??ense. All members of the College community are encouraged and expected to make it known through the avenues identified below, whenever they experience or witness sexual harassment as defined below. Likewise, all members of the College community are encouraged and expected to make it known through the avenues identified below, whenever they have knowledge that false charges of sexual harassment have been made. Individuals who have been judged to violate this sexual harassment policy will be subject to appropriate corrective action, which may include, but is not limited to, written warning, transfer, suspension, or dismissal. Reprisals against an individual who in good faith raises a concern or makes a charge about behavior that may violate this policy are against the law and will not be tolerated. Intentionally false charges are grounds for discipline and may constitute just cause for dismissal. After investigating complaints of harassment under this policy, the College may impose discipline for inappropriate conduct that comes to the College?s attention, without regard to whether the conduct constitutes a violation of law. Pitzer College is committed to the principles of free inquiry and free expression. Vigorous discussion and debate are fundamental to the College, and this policy is not intended to stifle freedom of expression nor will it be permitted to do so. What is Sexual Harassment? Sexual harassment consists of unwanted and unwelcome sexual advances, requests for sexual favors, and other visual, verbal, or physical conduct of a sexual nature: 1. When submission to such conduct is made either explicitly or implicitly a term or condition of an individual's employment, academic status, or progress; or 2. When submission to, or rejection of, such conduct by the individual is used as the basis for employment or academic decisions or evaluations affecting the individual; or 3. When the conduct has the purpose or effect of creating an intimidating, hostile, or offensive work, educational, or student living environment; or 4. When submission to, or rejection of, the conduct by the individual is used as the basis for any decision affecting the individual regarding benefits and services, honors, programs, or activities available at or through Pit?zer College. The determination of what constitutes sexual harassment depends upon the specific facts and the context in which the conduct occurs. Sexual harassment may take many forms. It may be subtle and indirect, or blatant and overt. It may be conduct affecting an individual of the opposite sex or conduct affecting an individual of the same sex. It may occur between peers or between individuals in a hierarchical relationship. An important question is always whether the conduct is unwelcome to the individual to whom it is directed, regardless of the intentions of the actor. Sexual harassment may include unwelcome verbal comments, written harassment via notes, letters, or electronic mail messages and displays on public work stations. Coercive behavior, including suggestions that academic or employment reprisals or rewards will follow the refusal or granting of sexual favors, constitutes gross misconduct and will not be tolerated; a single incident of coercive behavior could be grounds for discharge or expulsion. Sexual harassment usually involves sexual advances that are repeated and unwanted. CONSENSUAL RELATIONS POLICY The College recognizes and individuals should be aware that consensual sexual relationships can result in claims of sexual harassment because the degree to which consent is voluntary may be questioned when a power differential exists. If a sexual harassment claim is filed following what one or both of the parties may have initially viewed as a consensual relationship, the consent is evaluated in light of this power differential. Sexual relationships between employees and their supervisor or students and faculty members with whom they also have an academic or evaluative relationship are fraught with the potential for exploitation. The respect and trust accorded a professor by a student or a supervisor by an employee, as well as the power exercised in an academic or evaluative role, make voluntary consent suspect. Even when both parties initially have consented, the development of a sexual relationship renders both parties and the College vulnerable to possible later allegations of sexual harassment in light of the significant power differential that exists between them. In their relationships with students and staff members, faculty and supervisors are expected to be aware of their professional responsibilities and avoid apparent or actual conflict of interest, favoritism, or bias. . Sexual relationships that involve a faculty member who exercises active and immediate authority over a student, as in the case of a faculty member and a student currently studying with the faculty member and/or an advisor and advisee relationship, are prohibited whether or not the relationships are consensual. The same is true of a supervisor/employee relationship. A supervisor and faculty member must remove him/herself from positions of active and immediate authority over the employee or student before a sexual relationship begins. The College has the right to take disciplinary action, up to and including dismissal, against a faculty member or supervisor for participation in a relationship which involves such a conflict. In the case of a sexual relationship in which the parties believe that the restrictions of the preceding paragraph do not apply, it is the obligation of the supervisor or faculty member, because of his/her position of authority, to take all necessary steps to remove herself/himself from professional or institutional actions, such as providing recommendations or participating in the awarding of departmental prizes, performance reviews or promotions, which affect the student and/or employee. Before a sexual relationship develops, effective steps must be taken to ensure unbiased evaluation and supervision of the student or employee. Failure to do so may result in disciplinary action, the level of which will depend on the severity of the potential or actual conflict. These requirements also apply to past sexual relationships. Faculty members, students, supervisors and staff members are encouraged to seek assistance and guidance from the Vice President for Academic Affairs, Vice President for Student Affairs, or Director of Human Resources to ensure compliance with this Policy. Because consenting relationships may in time lead to liability for the College and the individual faculty member or supervisor, based on claims of harassment, the College will not approve such relationships. It should not be assumed that because a person in authority at the College has knowledge of the relationship that the College has condoned the relationship. Disciplinary action for a consenting relationship, if taken, will be conducted in accordance with the procedures and standards specified in this policy. Additionally, as stated in the policy, intentionally false charges are grounds for discipline and may constitute just cause for dismissal. GLOSSALY: In addition to ?sexual harassment which has already been de?ned, there are other terms such as ?concern and ?charge, "that are used in a somewhat technical way throughout this document and are de?ned below: A concern is a question or problem involving alleged sexual harassment or similar conduct that an individual wants to discuss without (yet) having made the decision to pursue the matter further. The reason for distinguishing between concerns and complaints is that members of the College community should be able to get advice about behavior that may constitute sexual harassment even if they are not certain that it violates this policy, or that they want to take action. Pecr Counselors are prepared to discuss concerns related to sexual harassment. A charge is an assertion that a named individual has violated this policy. A charge may be lodged by filing a complaint with one of the Designated College Officials, using informal or formal resolution procedures. A complainant is an individual making a charge; the complainant must consent to being identified to the person being charged if necessary to investigate and resolve the complaint. A respondent is the individual(s) against whom a charge has been made. Informal resolution of a concern or a charge means an outcome achieved by advising, mediation, or other informal processes, rather than through the College?s formal resolution procedure. Formal resolution of a charge means an outcome achieved by the Hearing Committee and designated college officials, all of whom have received training for handling charges of sexual harassment. D. Student Contact: VP Student Affairs, Scott Hall 130, Ext. 72821/18241 Faculty Contact: VP for Academic Affairs, Fletcher 204, Ext. 18217 Staff Contact: Director of Human Resources, McConnell 312, Ext. 78533 are the two volunteers available to each constituent group (staff, faculty, and students; one of each gender) to serve as advisors in first discussing what has occurred and to make initiating or responding to a charge of harassment as non- threatening as possible. Peer Counselors are not required to report information from their discussions with peers. Their role is to provide assistance to peers who have a valid complaint should they wish to pursue a concern of sexual harassment with one of the Designated College Officials. Peer Counselors are prepared to discuss concerns involving alleged sexual harassment. Wm will consist of eighteen people who have received training for handling charges of sexual harassment: at least one female and one male representative from each group, all appointed by the President, in consultation with the Faculty Executive Committee, in the following manner: Faculty: 1 from the Judicial Council 5 - from the faculty at large Staff: 1 - Pitzer representative to the Staff Grievance Committee 5 - from the staff at large Students: 1 - from the Judicial Council 5 from the student body (Chair to be designated by the President) BMW: The Chair of the Hearing Panel will select five individuals, who to the extent possible are acceptable both to the complainant and to the respondent, to serve as a Hearing Committee for each individual case. The Chair will ensure that each committee consists of at least two females and two males. The five-member Hearing Committee will be composed as follows: on Committee Composition Facultvaaculty 3 Faculty, 1 Staff, 1 Student Staff-Staff 3 Staff. 1 Faculty, 1 Student Student-Student (See tbe Code of Student Conduct) Faculty-Staff 2 Faculty, 2 Staff, 1 Student Faculty-Student 2 Faculty, 2 Students, 1 Staff Staff?Student 2 Staff, 2 Students, 1 Faculty I - I AL T- Anyone may seek advice, information, or counseling on matters related to alleged harassment without having to lodge a complaint. Persons who believe they are being harassed, or are uncertain as to whether what they are experiencing is harassment, are encouraged to talk with one of the constituent group?s peer counselors. At least two peer counselors (one of each gender) will be available to each constituent group (staff, faculty, and students) to serve as advisors in first discussing what has occurred and to make initiating or responding to a charge of harassment as non-threatening as possible. However, faculty members or supervisors who acquire knowledge of an alleged sexual harassment incident involving a student are obligated to report the incident to one of the Designated College O?icials. Supervisors who become aware of a stalf member being harassed are also obligated to report. The names of the six or more peer counselors and hearing panel members will be published and distributed every year. The person seeking information and advice will be counseled on the options for action available under this policy. Information disclosed through this peer advising process will be held in confidence, unless the initiating individual agrees that additional people must be informed in order to facilitate a solution. However, once an individual has been named to a Designated College Official as an alleged harasser, the College will take investigative and/or remedial action in response to information provided to peer counselors. An initial course of action for any faculty, staff, or student who believes that s/hc is being sexually harassed, is for that person to tell or otherwise inform the alleged harasser that the conduct is unwanted, unwelcome, and must stop. However, in some circumstances this course of action may not be feasible or may be unsuccessful. The College provides both informal and fgrmal com laint resolution roccdures. The complainant may choose either procedure for a resolution. (Note: Student-Student cases will be handled according to The Code of Student Conduct.) In addition, tbe resolution process may be commenced by the Designated College O?z?cia/ any time tbe College becomes aware of conduct wbicb may be considered a violation of this poli . Upon receipt of a complaint alleging sexual harassment prohibited by this policy, or at the time that the Designated College Official initiates the resolution process, the Designated College Official may make a determination whether interim action, pending the conclusion of the investigation, is required. Such action may include temporary transfer or reassignment to separate the individual accused of sexual harassment from the complaining individual, paid leave of absence, or other non? punitive measures that, in the discretion of the Designated College Official, are necessary or appropriate for the completion of the investigation and resolution process. CONFIDENTIALITY: The College will endeavor to maintain the con?dentiality of any information provided to the College regarding alleged sexual harassment. However, in some instances, information must be disclosed in order to conduct a thorough and fair investigation. Accordingly, the College cannot guarantee that information provided to it regarding alleged harassment will be kept confidential if that information must be disclosed in furtherance of an investigation. Any individual who participates in an investigation of alleged sexual harassment pursuant to this policy, including any individual complaining of sexual harassment, accused of sexual harassment or witness to the alleged sexual harassment, is expected to maintain the confidentiality of all discussions regarding the alleged harassment and regarding any investigation or corrective action taken by the College. INFORMAL RESOLUTION This informal procedure is intended to resolve an actual or perceived instance of sexual harassment short of a formal hearing. If the complaint is not resolved informally, either the complainant or the designated college official will initiate a formal resolution process. The aim of an informal resolution is to ensure that the alleged offending behavior cease and that the matter be resolved. The charge is resolved when the complainant, the respondent, and the designated college omcial are in agreement as to a satisfactory conclusion. The informal resolution process will not normally take more than four weeks. Examples of informal procedures to resolve a charge of sexual harassment may include but are no: limited to: a meeting between the Designated College Of?cial and the alleged harasser; a meeting with the Designated College O??icial, the complainant and/or an informal advocate (such as a friend or colleague but not an attorney), and the alleged harasser and/or an informal advocate (such as a friend or colleague but not an attorney); a short series of such meetings; the use of a mediator if the complainant and the alleged harasser agree. The mediator should be a person with both legal and personnel or academic relations experience who is acceptable to both parties. He/she would discuss the issues with both principals and seek appropriate actions by one or both parties to reach an acceptable resolution. The respondent agrees to cease the offending behavior immediately. The respondent apologizes to the complainant. The respondent agrees to become more educated about sexual harassment by reading or attending a relevant workshop) or to seek counseling. The complainant agrees that the offending behavior was not intended to be o?fensive and the respondent agrees to be more conscious of possibly offensive behavior. The complainant agrees to withdraw his/her allegation of sexual harassment. The complainant or the respondent agrees to change his/her workplace assignment or educational environment. FORMAL RESOLUTION To initiate the formal resolution process, the complainant should inform one of the Designated College Officials that s/he believes that s/he has been the victim of sexual harassment and wants to file a charge. A formal resolution process, including immediate investigation and appropriate corrective action may also be initiated by the Designated College Official, even in the absence ofa formal complaint. In either case, the Designated College O??icial will submit a written summary of the alleged incident to the Chair of the Hearing Panel who will select a Hearing Committee which will begin a formal investigation and determine whether a violation of the College's policy prohibiting harassment has occurred. The Hearing Committee should complete its work within sixty days of receipt of the complainant's charge by the College. This time frame may be extended due to complexity of the issues or with the consent of both parties. The Hearing Committee will conduct a full, impartial. and timely investigation, and will provide the respondent with a written statement of the allegations, to which that individual will be required to respond in a timely manner. During the course of the investigation the Hearing Committee will hear the complainant, the respondent and relevant witnesses. To the extent possible, charges will be handled confidentially, with the facts made available only to those who have a need to know for purposes of investigation or resolution. At the conclusion of its investigation, the Hearing Committee will prepare a written report which will detail the allegations, the evidence in the case, the persuasiveness of the evidence, the consistency of the testimony, and the credibility of the witnesses, then determine whether there has been a violation of the College's policy prohibiting sexual harassment. On the basis of that determination the Committee will recommend corrective actions or recommend that no further action be taken. A copy of the Hearing Committee's report with its determination and recommendation will be given to one of the following *vice presidents who will review this information. The vice president shall review the determination and recommendation of the Hearing Committee and shall on that basis make a final determination, with a written explanation, regarding resolution of the complaint. Where appropriate, the vice president may request that the Hearing Committee conduct further investigation if necessary to reach a final determination. The vice president shall provide a copy of that determination to the respondent, the complainant, the Hearing Committee and the President. The vice president shall nor implement a corrective action for a period of at least two weeks from the date that these notices are issued in order to allow for the possibility of an appeal to the President. ILIhsissmdeathz A Faculty Member: Vice President for Academic Affairs A StalTMembcr Vice President from the Respondent's Department A Student: Vice President for Student Affairs ?In the event that a vice president is a respondent or complainant in a charge of sexual harassment, the Hearing Committee will present its report of determination and recommendations to the President. The Executive Committee of the Board will hear appeals. [f the President is the respondent or complainant in a charge of sexual harassment, FEC will appoint a Hearing Committee. The Hearing Committee} report will he directed to the Executive Committee of the Board, without the Chairperson of the Board being present. Appeals will he heard by the Chairperson of the Board. APPEALS PROCESS: An appeal of the final determination may be submitted in writing by either party directly to the President, but must be filed within two weeks of the date that notice of the determination was issued to the respondent and to the complainant. (This requirement may be extended for good cause). An appeal must be based on the following: significant new evidence; procedural error, including the misapplication of policy or legal standards; bias of decision maker; or the harshness of the recommended sanction. The President will provide written notice of the appeal decision to the respondent, the complainant and the vice president within one week of the date upon which the President received an appeal. A letter from the offender acknowledging the o?cnse and apologizing to the complainant; A letter of reprimand to the offender; Mandated education regarding sexual harassment; (cl) A notice of the offense prepared and placed in the personnel file or the student file of the offender; Suspension of the contract of employment or, in the case of a student, the enrollment and/or residence of the offender; Freezing of salary; Reallocation of responsibilities; Termination ofemployment or dismissal from the College. FME AQCUSATIONS: INTENTIONALLY FALSE CHARGES ARE GROUNDS FOR DISCIPLINE AND MAY CONSTITUTE JUST CAUSE FOR DISMISSAL. INTERCOLLEGIATE OFFENSE: Contact your Designated College Official first (refer to list on page 3). Ordinarily, the resolution of an intercampus charge of sexual harassment by a faculty, staff, or student member of one college or Central Programs and Services against a member of another college or will be made using the established sexual harassment policy and procedures of the respondent?s college or However, where appropriate or necessary. the College will take further investigative or corrective action to ensure a work or academic environment free of unlawful harassment for all members of the Pitzer College community. A designated individual at the complainant?s college or will assist the complainant in pursuing the charge through the respondent?s college. At the complainant?s request, a designated individual at the complainant?s college may accompany the complainant to the hearing at the alleged respondent?s college. The respondent may have equal representation. Each college and will publish its procedures regarding sexual harassment, and make copies available in the o??ices of the academic deans, the student deans, the human resource officers and the presidents. APPENDIX WHAT TO DO ABOUT SEXUAL HARASSMENT If you feel you have been sexually harassed, do not remain silent. lgnoring sexual harassment does not make it go away. Indeed, it may make it worse as the alleged harasser may misinterpret a lack of response as approval of the behavior. There are several things that can be done to stop sexual harassment: Know your rights. Sexual harassment is illegal. Pitzer College has a specific policy prohibiting sexual harassment. Familiarize yourself with this policy. Speak up. If you can. tell the person to stop. State clearly and firmly that you want a particular behavior to cease. This is not a time to be polite or vague. There is a chance that the alleged harasser does not realize that a particular behavior is offensive. If you feel you cannot speak up, talk with one of the resource persons listed in this brochure for further help and guidance. Get information and support. Designated college officials and peer counselors can provide support and advice about Pitzet?s policy and procedures. They can help you understand your options and explore ways of resolving your particular situation. They will review with you the informal and formal procedures available for dealing with issues of sexual harassment. If you choose to file a charge, it will be investigated by the appropriate designated college official. Sexual harassment peer counselors can assist in informal resolutions which might include any of the following: 0 Writing a letter. Many people have successfully stopped sexual harassment by writing a letter to the alleged harasser. The letter includes a factual account of the offending behavior. a description of how the behavior was experienced by the writer. and a simple statement that the writer wants that particular behavior to stop. The letter should be polite, low-key and factual. A copy should be kept by the writer. ln the unlikely event that the letter fails to achieve its purpose, it could be used as evidence in support of a charge or lawsuit. Copies should be sent to no one else. If the letter is to work, it must be a private communication between the persons involved. The recipient of the letter rarely writes back and usually the sexual harassment stops immediately. 0 A moderated discussion. If you request this (and the other party agrees) a moderated discussion can be set up to assist in resolving the situation. A more structured mediation is also possible, if both parties agree. 0 Initiate Informal and/or Formal Resolution procedures as described in the College?s Sexual Harassment Policy. 0 Keep records or a journal. Save any letters, e-mail, or notes received as they can be helpful if the harassment persists. Record dates, places, times, witnesses and the nature of the harassment--what was said and/or done, when, and how you responded. Won 0 Do not blame yourself. Sexual harassment is not something one brings on oneself. 0 Do not delay. Delay in action in cases of sexual harassment only increases the probability that the harassing behavior will continue. 0 Do not hesitate to seek help. Being quiet about sexual harassment enables it to continue. Chances are very good that you are not the only one who has been harassed. Speaking up may prevent others from being harmed. SEXUAL MSMENT. ACADEMIC AND FREE SPEECH Pitzer College is committed to the principles of free inquiry and free expression. Vigorous discussion and debate are fundamental to the College, and this policy is not intended to stifle freedom of expression nor will it be permitted to do so. The College's statement on academic freedom can be found in the Fagnky Handbook at the end of the section on By-laws and Student Governance. LE AL ORITY: The College has the legal authority to maintain reasonable standards of conduct for members of the college community to promote the goals of the College, which include the maintenance of a working and learning environment free of harassment. In addition, sexual harassment is a form of sex discrimination which is prohibited by Title VII of the Civil Rights Act of 1964, by Title IX of the Education Amendments of 1972, and by the California Fair Employment and Housing Act, speci?cally Government Code Sections 12940 and I?itzer College's Equal Opportunity/Affirmative Action Policy also prohibits sex discrimination. RETALIATI Retaliation against persons for opposing practices prohibited by the Fair Employment and Housing Act and Title IX, or for filing a complaint with, or otherwise participating in an investigation, proceeding or hearing conducted by, the Department of Fair Employment and Housing, the Fair Employment and Housing Commission. the U.S. Equal Employment Opportunity Commission. or the Ofiice of Civil Rights, is prohibited by law. ADDITIQEAL LEQAL REMEDIES: In addition to the internal remedies described above, remedies external to the institution are available through the California Department of Fair Employment and Housing, the United States Equal Employment Opportunity Commission, or the OHice of Civil Rights, United States Department of Education. For more information, you may contact any of these offices. The addresses and telephone numbers of the offices in closest proximity to Claremont are: I I (800) 884-1684 Los Angeles O?icc 1055 W. 7lh Street, Suite 1400, Los Angeles, CA 90017 I (213) 439-6799 I 255 East Temple, 4th Floor, Los Angeles, CA 90012 I (800) 669-4000 50 Beale Street, Suite 7200, San Francisco, CA 94105 I (415) 486-5555 Original Policy approved by College Council 3/7/96; Approved by OCR Revisions approved by College Council 02/27/03 Revision in compliance with California A876 party sex harassment: 2nd paragraph added wording) Approved by l?res.& Dean 2/6/04 Updated 08/22/1 1 SexHarl?olicydoc McCasland, Gemini From: McCasland, Gemini Sent: Frida June 22 PM TO: 6 7 Subject: Pltzer College File No. Thank you for responding so quickly to my call concerning this complaint filed with the US. Department of Education, Office for Civil Rights. Within the Sexual Harassment Procedure included in the Student Handbook, there is a reference to handling student to student cases with the Code of Student Conduct. Please confirm whether student to student cases of sexual harassment are handled through the Code of Student Conduct, or the Sexual Harassment procedure included in the Student Handbook. If it is indeed through the Code of Student Conduct, we are requesting a copy of it. In addition, please let me know which policy is used for a sexual harassment allegation by an employee against a student. If another procedure is used for that type of case, please provide a copy of it. Gemini J. McCasland Attorney US. Department of Education Office for Civil Rights 50 Beale Street, Suite 7200 San Francisco, California 94105 (415) 486-5536 Direct (415)486-5570 Facsimile gemini.mccasland@ed.gov Indian Wells (760) 568-2611 Irvine (949) 263-2600 Los Angeles (213) 617-8100 Ontario (909) 989-8584 Arlene Prater (619) 525-1334 arlene.prater@bbklaw.com File No. 1542000031 VIA E-MAIL ?in Riversnde (951) 686-1450 BEST BEST KRIEGER memo A 0 A (916) 325-4000 Walnut Creek (925) 977-3300 Washington. DC (202) 785-0600 655 West Broadway. Floor. San Diego, CA 92101 Phone: (619) 525-1300 Fax: (619) 233-6118 RECEIVED U.S. fl: 8- 3 May 17, 2012 eptO _duc hor. AND FEDEX Office for Civn? Rights San Francisco Office Gemini McCasland United States Department of Education Of?ce of Civil Rights 50 Beale Street, Suite 7200 San Francisco, California 94105 Re: l?itzer College Complaint of Kelly Greiss OCR Case No. 09-12-215] Dear Ms. McCasland: a sed is the Response of l?itzcr College to the Of?ce of Civil Rights Complaint of A copy of the Response, without exhibits, is being emailed to you and the original. with the exhi bits, is being sent to you by overnight mail. Please contact me if you require any additional information or have any questions. Enclosure CCZ Arlene Prater of BEST BEST KRIEGER LLP Vice President for Student Affairs, Pitzer College Director of Human Resources. Pitzer College 5420.00006\74 30. ATTORNEYS AT LAW I BEST LEST KRIEGERE Arlene Prater 655 West Broadway, 15th Floor (619) 525-1334 San Diego, CA 92101 Arlene.Prater@bbklaw.com Phone: (619) 525-1300 l8 H. RESPONSE TO ALLEGATIONS OF COMPLAINT A. Pitzcr Policies and Education The College's Code of Student Conduct and General College Policies contained in its Student Handbook (lixhibit 1) is distributed to all students at the start oi'every academic year and is available on the College?s website. In addition. education and information on the policies related to sexual harassment, sexual assault. alcohol abuse and other misconduct is provided at the beginning of every academic year to all new students and is also provided throughout the yean 15420.00006\7413931.1 1 In the 2011-2012 Pitzer College academic year, this education started on the ?rst day of New Student Orientation with a presentation on College Policies by the Vice President of Student Affairs and the Residential Life Staff. Attendance by all new students was mandatory. Included in this presentation was information on policies regarding sexual offenses, including sexual assault and sexual harassment. In addition, there is a comprehensive program on alcohol education presented by a professional health educator, which is mandatory for all new students. Included in this presentation is information on sexual assault, as well as information on effective consent for sexual activity related to intoxication. All new students are required to meet with an alcohol educator/substance counselor one on one and Residence Advisors conduct alcohol education and awareness programming on an ongoing basis. Other 2011-2012 programs included an April 7 ?Walk a Mile in Her Shoes?, which helped bring awareness to rape, sexual assault and gender violence. This was a ?Five Colleges? event that some Residence Advisors and a club worked together on and there were also bulletin boards in April about the walk and about sexual assault. Residence Advisors did bulletin boards about this topic in September and October 2011. Three Residence Advisors collaborated with ?Love 4 Free? (Smart Sex Society) in September and October 201 to put on three sexual health programs where they also addressed sexual assault. Two Residence Advisors collaborated on an interactive program entitled ?Strawberries and Champagne? where they addressed the issues of risky sexual behaviors and sexual assault. These are examples of what the College does to inform and educate its students during the school year. In addition, Pitzcr College Residence Advisors and student mentors all receive comprehensive training on these issues. The College also complies with the Federal Clery Act. B. Background Facts 15420.0000m74 I393 I .1 2 Page 369 of 985 Withheld pursuant to exemption of the Freedom of Information and Privacy Ad Page 370 of 985 Withheld pursuant to exemption of the Freedom of Information and Privacy Ad Page 371 of 985 Withheld pursuant to exemption of the Freedom of Information and Privacy Ad Page 372 of 985 Withheld pursuant to exemption of the Freedom of Information and Privacy Ad Page 373 of 985 Withheld pursuant to exemption of the Freedom of Information and Privacy Ad EXHIBIT LIST EXHIBIT 1: Excerpts from Pitzcr College 201 1-12 Student Handbook EXHIBIT 2: EXHIBIT 3: EXHIBIT 4: EXHIBIT 5: EXHIBIT 6: EXHIBIT 7: EXHIBIT 8: EXHIBIT 9: EXHIBIT 10: EXHIBIT ll: EXHIBIT 12: EXHIBIT 13: EXHIBIT 14: I 5420.0000m741393 I . I 8 PZTZER COLLEGE WELCOME 2011 2011-12 Student Handbook a Pitzer College 2011-12 Student Handbook Table of Contents Welcome Campus Directory Residence Life Staff Pitzer College Campus Map 2011 Fall Academic Calendar Pitzer College Campus Resources Life on Campus 5-College Campus Resources Governance Code of Student Conduct General College Policies Event Resources at Pitzer College Appendix Pitzer College Community Values lndex IT COLLEGE MEMBER OF THE CLAREMONT COLLEGES Office of Student Affairs 1050 North Mills Avenue Claremont, CA 91711-6101 909.621.8241 909.607.7136 (Fax) rJitzer College 2011-12 Studer .ndbook COdt .?Student Conduct 47 Code of Student Conduct Preamble Pitzer College has a high respect for individuality among its students and acknowledges the right to explore. clarify and adopt individual values. The College makes no attempt to stand in loco parentis or to be responsible for the total life of its students. The College does. however. have the responsibility of encouraging an atmosphere where students. staff and faculty can effectively pursue the goals of education and community living. All students are responsible for their own behavior and how this behavior impacts the community. The Code of Student Conduct seeks to protect the rights of the individual and the rights of the community with fairness, integrity and respect for the goals of all. The Pitzer College Code of Student Conduct sets out definitions of rules and fair procedures within the Pitzer community. As members of this community, students are required to abide by all the policies and procedures of Pitzer College and The Claremont Colleges as well as all local. state and federal laws. It is each student?s responsibility to be aware of the content of the Code of Student Conduct as well as other policies of the College. which are published in the Student Handbook. This Code is reviewed periodically by the Judicial Council, which is composed of five students and five faculty members to reflect changes in community standards and is then adopted by College Council. Disciplinary authority for the Code of Student Conduct originates in the Board of Trustees. the President and the By- Laws of the College. The Judicial Council has authority to conduct hearings on charges of violations of the Pitzer College Code of Student Conduct, while the Office of Student Affairs is responsible for the administration of residential life policies and for enforcing the disciplinary policres of the College. Decisions made by the Judicial Council or an administrative review are generally final. However, an appeal may be made on specified grounds by the respondent. The sanctions imposed by the judicial process wull remain in place unless and until the appeal is successful and the sanctions are overturned. l. Definition of Terms 1. The term "College" means Pitzer College. 2. The term ?student? includes all persons taking courses at Pitzer College, both full and part- time and those who attend The Claremont Colleges and who reside in Claremont Colleges? residence halls. Persons who are not officially enroned for a particular term but who have a continuing relationship with Pitzer College are considered studentsThe term The term ?faculty member" means any person hired by Pitzer College and appointed by recommendation of Faculty Executive Committee to conduct classroom or teaching activities. . The term ?member of The Claremont Colleges community? includes any person who is a student. faculty. or staff member. College official or any other person employed by the College(s). . The term ?intercollegiate policy? means any of the several jointly adopted policies of The Claremont Colleges, which guide but do not supersede the procedures and policies of Pitzer College . The term ?College-owned property" includes land, buildings. facilities and other property owned jointly or individually by any of The Claremont Colleges or property of any facility or institution owned by or affiliated with The Claremont Colleges. . The term ?Judicial Council" means the group of both faculty members appointed by the Pitzer College Faculty Executive Committee and student members elected by the student body of Pitzer College. who are authorized to hold hearings to determine whether a student has violated the Code of Student Conduct and to impose sanctions. . The ?Dean of Students Office" is the official or the designees of the College appointed by the Pitzer College President and empowered by the Judicial Council through the College By-Laws to be responsible for administration of the Student Code. ?judicial proceeding" means the procedures of a student disciplinary action. (either a Judicial Council hearing or Administrative Review) after a formal charge of a specific alleged violation of the Code of Student Conduct is made. . The term ?shall? is used in the imperative sense. The term ?may? is used in the permissive sense. The term ?policy? is defined as the written regulations of the College as found in. but not limited to. the ?Code of Student Conduct." the Student Handbook and the College Catalogue. The term "complaint" means the set of circumstances or events reported to or being investigated by the Dean of Students Office. which may or may not lead to a written charge. The term "complainant" refers to the individualfs) 48 Code of Student Ci Juct 15. 16. 17. initiating a complaint of a violation of the Code of Student Conduct. which may or may not result in a charge. The term ?respondent? refers to the person against whom an alleged violation of the Code of Student Conduct is charged. The term "victim" refers to the individual(s) who has been harmed by the alleged violation of the Code of Student Conduct. The term ?charge? means a written statement of the provisions of the Student Code alleged to be violated and the factual circumstances surrounding the alleged violation. ll. Judicial Authority: Dean of Students Office A. 1. Investigation and Resolution of Disputes: Investigating. The Dean of Students Office is responsible for enforcement of the Code of Student Conduct and for ensuring that the rights of all students are upheld. When a complaint is made against a student. the Dean of Students Office shall conduct an investigation to determine if the alleged violation(s) has merit. Any student against whom there might be a charge of a violation of the Code of Student Conduct has all the rights enumerated in Section VI of this code. In addition to these rights. the Dean of Students will provide the student( 5) who is (are) being investigated or charged with a copy of the Code of Student Conduct as well as a sheet that points out the student?s right to consult an adviser and that offers a short list. prepared by Student Senate. of potential advisers (faculty, students and staff) who have volunteered to provide students with information about the Code of Student Conduct and advice during the judicial process. Severity of disciplinary cases. A student charged with violating the Code of Student Conduct has the right to have a hearing before the Judicial Council for any alleged violation. However. in cases of alleged minor violations. complaints can often be resolved without a full Judicial Council hearing. Generally. there are three levels of disciplinary action depending on the seriousness of the alleged violation. a) Residential life complaints: Complaints about student behavior and reports of alleged violations of residential life policies. such as noise policy, guest policy. pets. room changes. furnishings. etc. normally are first addressed by the Dean of Students Office. Such complaints are reviewed by a Residence Director and/ or Assomate Dean of Students and examined in a conference with the student(s). Many matters can be resolved at this level. Attempts Pitzer Cc :2011-12 Student Handbook at conflict mediation and reconciliation as well as resolution by imposition of sanctions for admitted violations may make unnecessary a formal judicial proceeding and bringing a charge. Resolution may entail a variety of responses, including no action. a warning. an educational or community service assignment, a fine. residential probation. restitution or some combination. depending on the severity of the case. A respondent may appeal from the residence life staff to the Dean of Students for reconsideration on the same grounds as judicial appeals. (See Section W. E.) b) Administrative review option: in the event of repeated complaints. such as those above. about the same person or somewhat more serious alleged violations, but where the potential sanction would not usually be suspension or expulsion. the respondent has the choice of either an administrative review within the Dean of Students Office. as provided for in below. or to have the case reviewed by the Judicial Council. An administrative review offers privacy and possibility of negotiation of the case. When offered this option. the student has five class days to decide. If the student chooses an administrative review, the student does not have the right to a hearing before Judicial Council for the same alleged violation(s). Once the student decides. a charge is issued and a date and time is set for the administrative review or Judicial Council hearing. 0) Cases in which the possible sanction could be suspension or expulsion from the College will be referred directly to the Judicial Council by the Dean of Students Of?ce. d) For alleged violations in either case b) or 0) above. the Dean of Students Office meets separately with the complainant(s) and/or the alleged victim(s) to notify each of his or her rights and to provide each with a copy of the Student Code. . Mediation. Mediation is intended to allow the two people involved to discuss their respective understandings of the incident through the assistance of a trained professional. Mediation is designed to encourage each person to be honest and direct with the other and to accept personal responSibility where appropriate. Its goal is to facilitate the resolution of the incident to the satisfaction of both persons involved and to produce a written agreement that iS binding on both parties. Mediation is not a procedural option for cases of sexual offenses. Requests for mediation should be filed with the Dean of Students by the complainant and/ or respondent and both parties must agree to enter into mediation. In addition. the Dean or his/her designee must agree that mediation is A. Pitzer College 201 1-12 Studei indbook a desirable method for resolution of the case. All parties have to agree to the choice of the mediator. If the process proves unsatisfactory at any time during the mediation before an agreement is reached. the complainant may pursue other courses of action. . Admitted Violations. When a student admits to the facts of a case and to responsrbility for a violation of the Code of Student Conduct (and it does not warrant suspension or expulsion). he or she can choose to be sanctioned administratively. If the student is not satisfied with the sanctions levied against him or her. he or she can appeal to the Judicial Council for review of the appropriateness of the sanctions only. Procedures for an Administrative Review: If the respondent chooses to have an administrative review. the Dean of Students notify the respondent in writing of the alleged violation(s) including the specific circumstances or behaviors alleged to have violated that policy or regulation. An Associate or Assistant Dean of Students (or in severe cases. the Dean) will review the case. The review will include individual interview(s) with the respondent. the complainant, the victim. any witnesses and the review of other documentation or materials relevant to the case. Advisers to the respondent. claimant. or victim may be consulted beforehand. but will not be permitted to be present during the administrative review. The official who conducts the review will make a decision based on a preponderance of the evidence. That is, is it more likely than not that the respondent(s) is responsible for violating the Code of Student Conduct. When a student is found responsible for a violation through an administrative review, the Dean of Students Office will impose sanctions. The range of sanctions that may be imposed includes, but is not limited to: community service, educational sanctions. referral to drug or alcohol counseling or rehabilitation. warning, probation. monetary fines. restitution, revoking of on-campus privileges (including on-campus housing), but does not include expulsion or suspension from the College. The respondent Will be notified in writing of the results of the review. When a violation of the Code of Student Conduct is determined in an administrative review and sanction is imposed by the Dean of Students Office. appeal. if any. is directed to the President. (See Section VII. E.). Grounds of appeal include violations of the student's rights as set forth in the Code of Student Conduct, insufficient or compelling new evidence. and/or severity of the sanction. Procedures for Mediation: The only parties fStudent Conduct 49 present at the mediation sessionls) are the two persons involved in the incident. their advisers if they wish (a student. faculty or staff member of The Claremont Colleges) and a trained mediator who should not be a student. The parties shall be offered the opportunity to participate without physically facing each other. If so requested. the mediator shall work out an acceptable arrangement. The mediator listen to the parties and work with them to develop a written agreement on the key issues emerging from the incident. which may include an activity or restraints on behavior that one or both parties agree to following the mediation. The outcome will be communicated to the Dean of Students or his/her designee immediately. The written agreement Will be kept in both students? discipline files located in the Office of Student Affairs and may be used for purposes of sanctioning in subsequent judicial matters. Charges of violations of the agreement should be heard by the Judicial Council. There is no statute of limitations on the mediation process. Note: If a hearing to consider an alleged violation(s) is submitted to the Judicial Council. whether because it is chosen by the respondent or referred by the Dean of Students Office. the hearing procedures described in Section VII below will apply. In either case. preparation of charges and notification of the Judicial Council Chair will be the responsibility of the Dean of Students Office. Proscribed Conduct Violations of the Code of Student Conduct include: A. Offenses against persons and property: 1. Threatening or endangering other persons. No Pitzer student shall threaten or endanger the safety and/or well being of others. . Physical assault. No Pitzer student shall attack or physically injure any member of the campus community or visitor to the campus. . Harassment. Every Pitzer community member has the right to freedom from harassment and abusive behavior, including harassment directed at his/her racial, religious or ethnic background, physical disability, or sexual orientation. No Pitzer student may engage in behavior which is excesswely or persistently annoying enough to detract substantially from the quality of life. or the quality of the working conditions of students or any other member of The Claremont Colleges. Examples of harassment can include: making excessive noise in residence halls. damaging or highly offensive practical jokes. and racist behavior. (Cases of alleged sexual harassment will follow the Sexual Harassment Policy and Procedures outlined in this handbook for resolution.) 50 Code of Student Cc. act 4. Property offenses. No Pitzer student shall steal. embezzle. damage. or endanger the property or otherwise violate the property rights of any Claremont College. jointly owned or affiliated facility, or of any member or authorized guest of the Claremont College community who is on College-owned property. .Firearms violations. Firearms. ammunition. explosives. knives and other weapons are prohibited on campus. . Interference with College activities. No Pitzer student shall act in an unauthorized way to make impossible the satisfaction of any physical condition necessary for the success of any authorized activity on College-owned property (by College-owned property we understand property owned jointly or individually by any of The Claremont Colleges. or property of any facility or institution owned by or affiliated with the Colleges.) Providing false information: No Pitzer student shall knowingly provide false information in relation to the implementation or enforcement of any College policies. rules or regulations. This includes. but is not limited to. forging instructor or adviser signatures or add-drop sheets or petitions. giving false or misleading information to College employees and committees. and knowingly giving false testimony to Judicial Council in the course of a hearing. Every student must provide identification upon request of any College employee. Academic dishonesty: Any member of the Pitzer community who is aware of academic dishonesty by a student has the responsibility to try to halt it. either by intervening immediately. or by speaking with the person committing it and by reporting it to the Dean of Students Office for possible referral to Judicial Council. If an instructor concludes that the standards of academic honesty have been disregarded. it is his or her responsibility to make the information available to the student. to report the incident to the Dean of Students Office and to tell the student that a report is being made. The faculty member may handle the case and impose any academic penalty including failure in the course. The faculty member should report the outcome to the Dean of Students Office. If a student disputes the incident or the severity of the penalty. he or she may have a hearing before Judicial Council. . Plagiarism. No Pitzer student shall appropriate the work of another?for example. parts of passages of another?s writings. the ideas and language of another, the artistic compositions of another? and pass them off as his/her own work. Students may not use substantial extracts from books. journals. or other sources without citation. z3itzer Col. 2011-12 Student Handbook . Cheating. No Pitzer student may intentionally use or attempt to use unauthorized materials. information. or study aids in an academic exercise or examination. . Duplicate papers. No student may hand in the same paper in more than one course without obtaining prior permission in writing from the instructor(s) and stipulating the conditions (such as extra research. length of paper, etc.) . Facilitating Academic Dishonesty. Intentionally or knowingly helping or attempting to help another to violate this code of academic integrity. . Claiming Credit Faisely. Intentional fraud, in which a student seeks to claim credit for the work or effort of another without authorization or uses unauthorized materials or fabricated information in any academic exercise. Academic dishonesty can include forgery of academic documents, intentionally impeding or damaging the academic work of others or assisting other students in acts of dishonesty. . Faculty Decision StudentAppeal. A student who wishes to challenge a faculty?s determination in violation of academic dishonesty or the severity of the penalty may appeal to the Judicial Council. The appeal must: 0 Be made in writing within thirty calendar days of the faculty's notice to the student: 0 State specific grounds for any claim that the finding of guilt was unwarranted or the penalty unjust: and 0 Exception?students going abroad or on a leave of absence have thirty calendar days from the beginning of the semester upon their return for an appeal if the review hearing is not able to be completed within the semester of the occurrence. 0 Be delivered to the Office of Student Affairs. A Dean will work with the Judicial Council Chair to notify the faculty of the student?s appeal. Evidence and arguments relevant to the appeal Will be presented to the Judicial Councnl, faculty and the petitioning student. Under normal circumstances, the review hearing should be scheduled for a date not fewer than 5 or more than 25 class days from the time of the petitioner?s formal appeal. The Judicial Council shall inform both the petitioner and the faculty of the time. place and date of the review hearing. Under extreme circumstances. either the respondent or the complainant may request waiver of the time limit for a hearing in writing to the Judicial Council Chair. A decision on the request will be made by the Judicial Council. All Pitzer College 2011-12 Stude. xndbook parties will then be notified of the date. time and location of the rescheduled hearing. 0. Sexual Offenses: Every Pitzer Community member has the right to freedom from harassment and/or abuse. including sexual offenses. When this right is ignored. the offense degrades the victim. our community and society at large. Pitzer College will not tolerate sexual offenses of any kind. In recognizing both the physical and trauma associated with such offenses. Pitzer College encourages victims to seek help from the Dean of Students, a Hall Director. a Resident Assistant, or a potential advocate defined as a faculty, student. or staff member of The Claremont Colleges. Also in recognizing the difficulty that these cases present for individuals to come forward. Pitzer College recognizes that sexual offenses are a crime and victims are encouraged to address the issue through the criminal system and seek police help. In a judicial proceeding, information regarding prior sexual conduct of either the complainant or the respondent will not be considered relevant. The manner in which a complainant was dressed will not be admitted as evidence in any review or hearing. Sexual offenses fall into four broad categories with the following definitions. It is possible that a given incident could lead to more than one of these charges: 1. Rape is defined as sexual contact in which there is penetration of a bodily orifice (examples primarily include the genital. anal areas and the mouth) however slight by an object (examples include but are not limited to a penis, a finger, a bottle, etc.) in the absence of effective consent 2. Sexual assault is any sexual contact Without effective consent that occurs by a man or a woman where penetration has not occurred. Sexual assault includes but is not limited to the legal definition of sexual battery defined by the California Penal Code 2002 under Section 243.4 as touching an intimate part of another person while that person is unlawfully restrained by the accused or the accomplice, and if the touching is against the will of the person touched and is for the purpose of sexual arousal. sexual gratification. or sexual abuse. Touching as defined in the California Penal Code means physical contact with another person. whether accomplished directly, or through the clothing of the person committing the offense, or through the clothing of the victim. 3. Sexual harassment (between students) is defined as a pattern of unwanted and unwelcome sexual advances. requests for sexual favors. and other visual, verbal, or physical conduct of a sexual nature if it creates an intimidating. hostile, or God fStudent Conduct 51 offensive work. educational or student living environment. It includes but is not limited to any unwelcome touching, patting, pinching, or brushing against a person?s body, and any harassment directed against a person because of his/her gender or sexual orientation. It also includes any attempt to coerce an person to unwanted sexual attention or to punish a refusal to comply. Sexual harassment may also exist in power situations where one's submission to or rejection of another's behavior is the basis for decisions affecting that person. Cases of alleged sexual harassment will follow the Sexual Harassment Policy and Procedures outlined in this handbook for resolution. 4. Sexual Exploitation occurs when a student takes non-consensual sexual advantage of another individual or individuals for the purpose of his/her own or someone else?s benefit. and the behavior does not fall under the previous definitions of sexual offenses. Examples include, but are not limited to: 0 Potential transmission of HIV or STD when the condition is known but undisclosed. - inducing incapacitation with the intent to rape or sexually assault?regardless if the sexual offense takes place (Le. alcohol. date rape drugs. etc.). Videotaping and photography for the purpose of sexual arousal, sexual gratification. or sexual abuse without the knowledge and effective consent of all parties involved. 0 Voyeurism. All of the above definitions imply an absence of effective consent. Effective consent is informed, freely and actively given. mutually understandable words and/or actions; which indicate a willingness to do the same things, at the same time, in the same way. with each other. ?Consent? is defined under the California Penal Code 2002 Section 261.6 to mean ?positive cooperation in act or attitude pursuant to an exercise of free will. The person must act freely and voluntarily and have knowledge of the nature of the act or transaction involved." In cases where there is an absence of mutually understandable words and/or actions, it is the responSIbility of the initiator to ensure that they have the consent of the other person(s). Consent for certain activities does not imply consent for other activities. and at anytime. regardless of what has previously occurred, consent can be withdrawn. The initiator should obtain consent before every stage of new sexual activity. The role of the initiator can change throughout the sexual encounter. Examples of ineffective consent include obtaining consent through the use of fraud. actual or implied 52 Code of Student Cc uct force in the form of physical violence. threats. intimidation, or coercion. - Physical force exists when someone acts upon the subject physically by exerting control over the subject?s body through violence. which can include punching, kicking, or restraining. - Threats exists where a reasonable person would have been compelled by the words or actions of another to give permission to sexual contact they would not have otherwise given. Examples include threats to kill the subject, themselves. or to harm someone close to the subject. - Intimidation exists where someone uses his or her physical presence coupled with menacing behavior to intimidate the subject(s) and no physical contact occurs. and/or knowledge of prior violent behavior coupled with menacing behavior of the respondent threatens the complainant. - Coercion exists when the sexual initiator pressures the subjectls) in a manner that is oppressive and violates norms of respect to engage in unwanted sexual behavior. An individual is incapable of giving effective consent when s/he is physically incapacitated as a result of alcoholordrug or is unconscious. unaware. or physically helpless. Individuals may not engage in sexual activity with another who is physically incapacitated. A person is unable to give effective consent when they lack the ability to determine that a situation is sexual. and/or cannot rationally appreciate the nature and extent of that situation. A minor is never capable of giving effective consent. Silence. previous sexual relationships and/or current relationship with the respondent (or anyone else) may not be taken to imply consent. A person who is subjected to physical or sexual aggression Ls not required to actively resist. Intentional use of alcohol/drugs by the respondent is not a reason and/or an excuse for violation of the Student Code of Conduct. E. Misuse. theft. or abuse of College computertime or accounts. Violations of College computer policy will be heard as normal disciplinary or judicial proceedings. F. Violating College policies and relevant laws described in the Student Handbook. including but not limited to policies on: Alcoholic beverages: See the College Alcohol and Drug Policy section of this handbook and the section on state and local alcohol laws. Students are always encouraged to seek immediate and appropriate assistance and medical attention in alcohol or other drug related emergencies. Students that experience an alcohol and/or other Pitzer Col 2011-12 Student Handbook drug related hospitalization will not be subject to punitive measures; this does not preclude educational or rehabilitative measures. Students who appropriately and cooperatively assist another student in receiving medical attention will not be subject to disciplinary proceedings for their actions. Illegal drugs: See College Alcohol and Drug Policy section of this handbook and the section on state and local drug laws. Sexual harassment: See Sexual Harassment Policy and Procedures section of this Code. Sexual assault: See Claremont Colleges lntercampus Sexual Assault Policy Statement as well as section of this Code. Computer use policy: See Computer User Agreement. Fire and safety: See Fire Safety Regulations. Outdoor art: See Public Art Policy. G. Knowingly aiding another person in any violation of the Code of Student Conduct: No student shall knowingly aid another person in the Violation of any rules contained in this Student Handbook. IV. Special Powers A. Violations of Law: Whether through administrative or Judicial Council action. the College reserves the right to impose sanctions against students for conduct that may violate any federal, state, or local law on or off campus, even though such crimes may also be tried in the local courts. When a student is charged with a legal violation and College disciplinary action is also taken. campus proceedings may be carried out prior to. simultaneously with or following civil or criminal proceedings. The College?s proceedings are not bound by any determinations of fact or law made in any civil or criminal proceedings. B. Interim Suspension: Any student who, in the judgment of the Dean of Students or his/her designee. presents a clear and present danger to the health, safety and/or welfare of the College community is subject to suspension from the College by the Dean of Students or his/her designee on an interim basis. pending a hearing by the Judicial Council. Such a suspension does not prejudge that a violation has occurred. Interim suspension will be followed by speedy access to a full and fair hearing. 1. A student whom a Dean of Students or his/her designee has placed on interim suspension pending a hearing may appeal such suspension to the President. The President shall issue her/ his decision on such an appeal to the student in writing. i9 Pitzer College 2011-12 Stude andbook 2. Should Judicial Council in a hearing find that no violation of the Student Code occurred. the interim suspension shall be lifted. Search of Rooms: Pitzer College respects the privacy of members of the College community. However, the College reserves the right to conduct searches of residence hall rooms if reasonable cause exists to believe that (1) activity is taking place which is detrimental to the health, safety. or welfare of the Pitzer College Community, or (2) activity is taking place which constitutes a violation of the Code of Student Conduct. Determination of reasonable cause is to be made by the Dean of Students (or. in his/ her absence. the Associate and/or Assistant Dean of Students). Every effort will be made to have present the student whose room is being searched. In addition, rooms may be entered for routine cleaning services and/or to inspect or repair plumbing, electrical. heating and cooling systems, or room furnishings. Campus Emergency Policy: The President of Pitzer College and in his/her absence the Dean of Faculty or Vice President for Administration shall have authority to deal with any emergency that may arise on campus and to employ such means including the employment of counsel for this purpose. V. The College Judicial Council A. Jurisdiction: The Judicial Council shall hold hearings, make determinations of fact and impose sanctions on those determined to be in violation of the Code of Student Conduct. The College Judicial Council shall not have appellate jurisdiction. lf having completed a hearing, the Judicial Council finds that the respondent should be sanctioned for violating the Code of Student Conduct, the respondent may ask for a review of that decision by the President. .Any member of The Claremont Colleges community may bring a complaint against a Pitzer student to the Pitzer Dean of Students Office. The Dean of Students Office will attempt to resolve the case. if possible, including in some instances offering the respondent the option of having an administrative review (see Section II). If the complaint cannot be resolved. or if the respondent or the Dean of Students elects a Judicial Council hearing, the Dean of Students will forward the case by preparing a written charge to the Judicial Council. lntercampus complaints. When Pitzer students are on the campus of another of The Claremont Colleges. they are expected to respect the regulations of that College as well as those of their own College. if a student of another College violates the regulations of the host Cod fStudent Conduct 53 College, judicial action may be brought against that student at his/her home college. The name of any students concerned. along with all pertinent information. will be sent to the Dean of Students of the College involved. As a temporary measure, the administration of the host College may, at its own discretion. prohibit a student from coming onto its campus until judicial proceeding at the student?s home college is complete. Such a prohibition shall be communicated to the student through his/ her home college at the request of the host College. . In cases coming before the Judicial Council the Dean of Students Office shall formulate the charge, which shall be a written statement giving the relevant regulation or policy that has been allegedly violated and the specnfic behavior or sequence of behaviors alleged to have violated that regulation or policy. The respondent will receive written notice of any violation according to the procedures outlined in Section VILB. Composition: The College Judicial Council shall consist of five student members in good academic and disciplinary standing. not subject to recall (who shall be elected by the student body). Faculty members will be selected for judicial hearings based on those that are available and not currently serving on the Faculty Executive or Appointments, Promotion and Tenure Committees. As much as possible, faculty and student members should represent the diversity of the student population. To that effect Student Senate should make every effort to seek appropriate gender balance and ethnic and other forms of diversity in the slate of student candidates for Judicial Council. Similarly, faculty members should be chosen With the goal of ensuring approximate gender balance and ethnic diversity. The Chair shall be elected from among the voting membership of the Council. A Dean from the Office of Student Affairs will sit with the Council as an adviser on process and to represent the views of the College. .Ouorum. Five members shall constitute a quorum of the Judicial Council for the purpose of meeting. For a hearing, a quorum shall consist of ?ve members, including at least two faculty members and two student members. Prior to the hearing, the respondent and the complainant will be notified of the names of those members of the Judicial Council who will be hearing the case. If either objects to any member or members of the board, he or she may write to the Dean of Faculty requesting that those members be replaced. The letter must include an explanation for the objections. Removal from the hearing board 54 Code of Student Cr. uct will occur if and only if the Dean is convinced after investigating that absence of impartiality would result in an unfair hearing by allowing that member/those members of the Judicial Council to adjudicate the incident. Requests for removal shall not be revealed to members of the Judicial Council. If there are insufficient numbers of faculty/ students to reach a quorum, the Deans of Faculty/Students shall appoint an ad hoc replacement from among the faculty/students who have received Judicial Council training before the hearing. . Notification. The Pitzer College Code of Student Conduct and rights of students will be published in the Student Handbook each year. . Reports. The Judicial Council shall report at least once a year to the College Council the numbers and types of cases heard. the difficulties it has encountered. the recommendations made and sanctions imposed. the appeals made to the President. and the decisions of the President. These reports are for the purpose of informing the Pitzer community of the general nature of its judicial problems and shall avoid identifying the persons involved. . Training. The Dean of Students Office shall design and be responsible for providing ongoing comprehensive training, in consultation with appropriate professional external agencies. in sexual offenses. hate crimes. and other relevant topics to members of the Judicial Council. VI. Rights of Students Charged. (Bylaws, Art. VII. Sec. 7.7) Each respondent involved in a judicial proceeding shall have the following rights: Right to be presumed innocent until proven guilty. Right to be informed. in writing. of the charges against her/him and in sufficient time to prepare for judicial proceedings. Right to a speedy hearing or administrative procedure. Right to have a formal hearing before Judicial Councrl for any alleged violation of the Code of Student Conduct. Right to a hearing separate from that of another respondent. Right to be assisted in her/his defense during a Judicial Council hearing by an adviser of her/his choice who must be a student. faculty, or staff member of The Claremont Colleges. Right to consult an adviser of her/his choice prior to an administrative hearing, who is a member of The Claremont Colleges and is knowledgeable about the Code of Student Conduct. Pitzer Col 2011-12 Student Handbook Right to face the person who has brought complaints against him/her (the ?complainant"). Right to refuse to respond to questions that are self-incriminating. Right to call material and up to two character Witnesses from the College community. Right to be free from a re-hearing for the same alleged violation. Right to be free of penalty or sanction if found not responsible for violation of the Student Code. Right to reconsideration of a decision on specrfic grounds (grounds for appeal are violation of a student's rights as set forth in the Code of Student Conduct. insufficient or compelling new information. and/or severity of the sanction). Vll. Judicial Council Hearing Procedures A. Purpose: Thefollowing are guidelinesfor conduct of Pitzer College Judicial Council hearings. This process does not intend to duplicate or imitate criminal or civil legal procedures. Instead, the guidelines are meant: to provide constructive. just and prompt investigations and resolutions of complaints alleging violations of Pitzer College Code of Student Conduct. and to provide fair treatment for all parties involved in disputes. those who have complaints as well as those against whom complaints are made. B. Pre-Hearing Procedures: 1. Complaints of alleged violations that are being referred to Judicial Council for hearing shall be written and delivered to the Judicial Council Chair by the Dean of Students. Within two class days. the Judicial Council Chair shall arrange for a copy of the charge to be delivered in person to the respondent. as well as to the complainant(s) or victim(s). The copy to the respondent will constitute his/her formal notification of the charge(s) against him/her and the intent to hold a Judicial Council hearing. This written notification will include the complaint(s) against the respondent: the specific policies and portions of the Code of Student Conduct the respondent has allegedly violated: his/her rights as guaranteed in Article VII. Section 7.7. Pitzer College Bylaws; the nature of the information which will be presented against him/her, as well as any written or recorded statements obtained during the Dean of Students Office investigation. and the sanctions which could be applied if he/she were found in violation of the Code of Student Conduct. 2. The respondent has the right to have an adviser from The Claremont Colleges at the hearing who may be faculty. student, or staff. In order to aid in obtaining support. the respondent may request that the Dean of Faculty appoint a faculty Pitzer College 2011?12 Studer. ndbook member to advise him or her in contacting witnesses and in other matters related to the complaints. If the charges are serious enough that they might result in suspension or expulsion from the College. the respondent is particularly advised to select an adviser to be present during the Judicial Council hearing. . The Judicial Council Chair sets a date for the hearing. Under normal circumstances the hearing should be scheduled for a date not fewer than five or more than twenty~five class days from the time the respondent was first formally notified of the charge(s) against him/her. The Judicial Council Chair shall inform both the respondent and the complainant( s) or victim(s) of the time, place and date of the hearing. It is the responsibility of the parties to inform their respective advisers of this information. The victim(s) or complainant(s) will have available to them all information sent to the respondent by the Judicial Council Chair at the same time as the respondent is notified. Under extreme circumstances. either the respondent or the complainant may request waiver of the time limit for a hearing in writing to the Judicial Council Chair. A decision on the request will be made by the Judicial Council. All parties will then be notified of the date. time and location of the rescheduled hearing. Hearing Procedures: . The respondent shall be informed of his/her rights and shall have an Opportunity to speak and to present information in his/her behalf. Should the respondent. having been properly notified of the date, time and place of the hearing. fail to appear at the time and place specified, the hearing shall proceed in the same manner as if s/he were present, unless the Judicial Council decides by majority vote to postpone the hearing. . No member of Judicial Council shall join or rejoin deliberations after a hearing has begun. No member may be excused from a hearing once it has begun except for good cause and by a majority vote of the other members present. and then only if such action does not violate the quorum provisions of Section V.B.1. above. No member of Judicial Council who has not been present for the entire hearing shall participate in the decision or in subsequent discussion of sanctions. . Judicial Council shall consider only information introduced at the hearing, before Council. Normally this include a written statement from the complainant, from the respondent. and from any Witnesses: it may also include responses to questions given during the hearing. Written statements will be conSidered only when the respondent is aware of their C0d( ?Student Conduct 55 content and of the names of those individuals who have made the statements and only when the student making the statements appears before the Judicial Council to answer questions about the statements. Character witnesses. if any, may state their knowledge of the character of the respondent. but must refrain from comments on the character of the claimant(s). . Except as provided under Section VII.D.6. below, only one witness shall be allowed in a Judicial Council hearing at any one time. . All questions during the hearing shall be asked by or to Judicial Council members. The purpose of the hearing is not to conduct a trial but to gain as full and fair an account as possible about the alleged violation and to determine whether a violation of the Student Code of Conduct has occurred. The respondent and the complainant(s) shall have the right to suggest questions to the Chair to be asked by Judicial Council members. but only Judicial Council members shall directly question the respondent. complainant. or the witnesses. The Chair, in consultation with the Judicial Council. may modify the question process to facilitate the proceedings. The Chair may exclude irrelevant and unduly repetitious information. Normally, the hearing conforms to the following order of procedure: a) Presentation of the written charge from the Dean of Students Office, questions from Judicial Council members to the Dean of Students designee and/or the complainant(s) regarding the complaint. b) Statements of witnesses on behalf of the complainant(s): questions from Council members to the witnesses. 0) Statement of the respondent; questions from Council members to the respondent. d) Statements of witnesses on behalf of the respondent; questions from Judicial Council members to the witnesses. e) At the option of the Council. a second round of questioning of the complainant(s) and any supporting witnesses a majority of the Council wishes to hear in rebuttal. f) At the option of the Council. a second round of questioning of the respondent and any supporting witnesses a majority of the Council wishes to hear in rebuttal. 9) Close of the hearing. . The personfs) bringing the complaint and the respondent shall have the right to be present during presentation of evidence and questioning of witnesses. S/he also shall have the right to be accompanied by an adviser of her/his choice. who must be a student. faculty. or staff member of The Claremont Colleges. 56 Code of Student Cc uct 7. in all Sexual Offense cases. the complainant shall be offered the opportunity to participate in the hearing without directly facing the respondent. If so requested. the Judicial Council Chair shall make appropriate arrangements. For example, the room may be partitioned so that the complainant and the respondent do not see each other. In any case. the respondent and the complainant and/or their advisers shall have the opportunity to hear the testimony. have questions asked of the other party during the hearing process, and to hear responses. . No actions shall be taken in a Judicial Council hearing which would impede the orderly conduct of the hearing. Disruption of the Judicial Council is a violation of the Code of Student Conduct. The Chair may at any time recess a hearing to provide for gathering additional information or simply to provide a break in the hearing or deliberation. . A verbatim record (such as a tape recording) shall be made of every Judicial Council hearing. This record shall be kept in the Dean of Students Office and shall remain confidential. although it may be made available upon request to the respondent. The record shall be destroyed five years after the respondent?s graduation or withdrawal from Pitzer College. 10. The hearing shall be closed. D. Decision and Sanctions: 1. The decisions of the Judicial Council shall be based solely upon information introduced at the hearing. before the Council. In determining sanctions the Council shall consider the nature of the violation and the circumstances under which the violation occurred. The Council may consider the previous conduct record of the respondent with respect to the application of sanctions only. . When a sanction requires a period of time for completion. the deadline for completion shall be specified. The respondent must report to a designee of the Dean of Students when he or she has completed the sanction. The case is not complete until the sanction has been completed and cleared by the Dean of Students Office. The Judicial Council will not monitor or reconsider a sanction once it is imposed. . The decisions of the Judicial Council shall be based on a standard of a preponderance of the evidence presented. The direct statement of a Witness. including the complainant. the victim. and the respondent may be taken as sufficient proof of any act. Statements made by any witness must be evaluated for bias, plausibility. credibility. and consustency along with other available information. Any relevant information may be admitted it it is the type on which Pitzer Col 2011-12 Student Handbook reasonable persons are accustomed to rely in the conduct of serious affairs. Unruly, irrelevant or unduly repetitious information may be ruled out of order by the Chair. The decisions of the Judicial Council and its imposition of sanctions shall be reached in closed session by a majority vote. The Chair shall vote only in case of a tie. . If it finds that a violation of the Code of Student Conduct has occurred. Judicial Council shall consider the nature of sanctions to be imposed. At this phase of deliberation. the Dean of Students or designee may provide the Council with historical information on the past conduct record of the respondent and the history of sanctions in similar cases. . Sanctions normally considered include (but are not limited to) the following: a) Disciplinary probation: Formal notice compelling a student to exhibit good behavior during a specified probationary period. Violations during the probationary period may result in temporary or permanent separation from the College. b) Removal from residence and/or board: Revoking, for specific period of time, the privilege of on-campus residence and/or campus meals. 0) Full Suspension: Temporary separation from the College for a specified period of time. The terms of the suspension shall be set by the Council and may include special conditions which must be satisfied during the suspension and/or special conditions which would be in effect upon the student's return to the College d) Expulsion: Permanent separation from the College. . Other sanctions. In addition to the sanctions above. the Judicial Council may impose disciplinary sanctions which are not listed above. . Expulsion is mandatory when a student is found in violation of the code on the charge of rape. A sanction of expulsion will be strongly considered in cases of gender-related physical assault. .Rehabilitative activities. In addition to any sanction. the Council may recommend rehabilitative activities undertaken by a student, including community servrce. participation in drug or alcohol abuse programs. etc. . Notification of deClSiOf?l. The respondent shall be notified in writing, within two class days following the hearing. of the Judicial Council?s decision and recommended sanctions, if any. Written notification shall include a summary of the reasons for the decision and an explanation of any sanctions imposed. In the case of an alleged sexual Pitzer College 2011-12 Studen .ndbook offense. intercollegiate policy and the California Educational Code require that the complainant(s) and or victim(s) who have been parties to the case and other appropriate College officials will be notified about its disposition within three days. In cases of alleged physical assault or alleged harassment. the complainant will be notified of the outcome and relevant sanctions (if the respondent is found responsible) within three days of the conclusion of the hearing. Appeals Procedure: . Judicial Council decisions and sanctions are expected to be final. On specific grounds, the respondent may request that the President reconsider the Judicial Council?s decision. The appeal must be made in writing. and must be made within five class days of written notification to the student of the Judicial Council's decision. Grounds of appeal include violations of the student?s rights as set forth in the Code of Student Conduct. insufficient or compelling new evidence, and/or severity of the sanction. . No more than five class days after receiving the written appeal and a completed transcript of the hearing, the President shall communicate her/ his decision on any appeal to the respondent. the complainant and the Judicial Council Chair. if the President modifies the imposed sanction in any way, she/he shall communicate that fact and the reasons for making such a modification to the respondent. the complainant and the Judicial Council Chair. The decision of the President shall be final. . Except as required to explain the basis of new evidence. an appeal shall be limited to review of the verbatim record of the initial hearing and supporting documents for one or more of the following purposes: a) To determine whether the original hearing was conducted fairly in light of the charges and evidence presented and in conformity with prescribed procedures giving the complainant a reasonable opportunity to prepare and present evidence that a violation occurred and giving the respondent reasonable opportunity to prepare and present a rebuttal of these allegations. b) To determine whether the decision reached regarding the charged student was based on substantial evidence. that is whether the facts were sufficient to establish that a violation of the Code of Student Conduct occurred. c) To determine whether the sanction(s) imposed was appropriate for the violation. d) To consider whether there is new evidence. sufficient to alter a decision, or other relevant facts not brought out in the original hearing, because such evidence and/or facts were not Codi Student Conduct 57 known to the person appealing at the time of the original hearing. Confidentiality: All information pertaining to investigations and hearing proceedings is confidential and shall be shared only by Judicial Council members. The Judicial Council Chair may, however, share such information with individual members ofthe College administration and staff on a need-to-know basis. ?Need-to- know" is de?ned as information necessary to carry out the College judicial process. Community Notification: Within five class days after completion of a judicial hearing and appeal (if any) to the President. the Judicial Council may publicly inform the Pitzer community (and. in cases involving complainants from the other Claremont Colleges. the home colleges of said complainants) of its decision, sanctions imposed and the action of the President. In cases in which the respondent has been found in violation of the Code of Student Conduct, publicity (including the name of the student) shall be at the discretion of the President. In cases in which the respondent was found not to have violated the code. such publicity shall be at the discretion of the respondent. Records and Enforcement of Disciplinary Action: . Records of Judicial Council decisions and sanctions shall become part of the student?s disciplinary files (those maintained in the Dean of Students Office) and shall be kept for a period of five (5) years after the student?s graduation or separation from the College. . At the discretion of the Dean of Students in consultation with the Judicial Council. proceedings may continue without the student being currently enrolled. . No student shall be graduated while a complaint brought against him/her is pending before Judicial Council. No student shall be graduated without first fulfilling the terms of a disciplinary sanction. . The Dean of Students Office shall be responsible for enforcing disciplinary sanctions. . Any student on whom a sanction has been imposed may include in her/his student record a written response concerning the decision and sanc?on. Approved by Piaer College Council April 2004 Pitzer College 2011-12 Stude andbook Gei al College Policies 59 General College Policies Alcohol and Drug Policy In light of Pitzer's distinct educational objective that students develop ?concern with the social consequencesand ethical implications of knowledge and action." the College has put in place an alcohol and drug policy grounded in the individual and collective responsibility of each member of the Pitzer community. It is the College?s intent that. "through examining the social consequences and ethical implications of the issues they explore. students learn to evaluate the effects of individual actions and social policies and take responsibility for making the world we live in a better place." This policy seeks to apply this philosophy to the social life of our own community. As an institution of higher education, Pitzer College seeks to promote responsible decision-making on the part of all members of the College community, especially in choices which affect their own health and safety and that of others. The irresponsible use and abuse of alcohol. drugs. and tobacco can result in serious health damage, such as liver disease, respiratory problems and brain damage. Misuse can lead to socially and morally unacceptable behavior such as driving under the influence. sexual violence and violation. impaired judgment With regard to safer sex practices. vandalism and property damage. Such behavior, in addition to being destructive to individuals. is destructive of the community environment that is a key element of Pitzer College. Students are encouraged to take advantage of alcohol and drug education opportunities made available through college resources such as regular alcohol awareness workshops offered to Pitzer students through Health Education Outreach. Additional resources are available for individual needs. Among those who have been trained and are prepared to provide information support and referral are Resident Assistants, Residence Directors. Deans. and Pitzer's Substance Abuse Education and Outreach Coordinator. Students may also wish to consult faculty advisers or the Office of the Chaplains. Monsour Counseling Center can arrange for professional assessment of substance use and abuse and can provide referral for professional treatment. Students are urged to utilize the full range of services and resources that are thus made available to them. In adopting and implementing its alcohol and drug policy, Pitzer College is complying with Public Law 101 -226. the Drug Free Schools and Communities Act, which requires the College to have a program to prevent the unlawful possession. use, or distribution of illicit drugs and alcohol on its property or as part of any of its activities. In addition there are liability issues for both students regardless of status. are subject to local. state and federal laws, as well as applicable campus policies, and in light of our educational objectives. are to exercise personal and collective respon5ibility in regard to these laws and campus policies. Faculty adherence is a matter for the Dean of Faculty. Staff adherence is a matter for the Director of Personnel. Student adherence is the responsibility of the Dean of Students. The following College regulations on alcohol and drug use apply to students. The College will, whenever possible. seek to use educational and rehabilitative methods to deal with problems related to drug and alcohol consumption. However. where offenses warrant. the College will not hesitate to use all sanctions available, including expulsion from the College. The range of sanctions is listed under the Code of Student Conduct. A. Regulations Regarding Alcoholic Beverages The illegal consumption of alcohol and drugs is not permitted at Pitzer College. or at College sponsored off-campus activities. and is subject to administrative or judicial response. Furthermore. the College strongly discourages the irresponsible consumption of alcohol at the College and at College sponsored off- campus activities. The consumption of alcohol by students over 21 years of age is allowed at approved registered events and in the privacy of their own room. provided their behavior does not disturb others. The following are the Colleges alcohol policies: 1. Alcohol possession in residence halls is permitted only for students of legal age (21). Alcohol may be consumed only by legal- age students in students' rooms, or with the exception of special events. registered with the Dean of Students or his/her designee. Consumption of alcohol should not infringe on the rights of other students. 2. Students of legal age may not give or sell alcohol to minors to transport. possess, or consume. Minors may not transport, possess. consume, or purchase alcohol in any area of the residence halls. 3. Students may not possess or transport open containers of alcoholic beverages in public areas. 4. Students may notconsume alcoholic beverages in public areas including, but not limited to: administrative and academic buildings. residence hall common areas including lobbies. living rooms. special purpose rooms. corridors. 60 General College Pt .ies 10. 11. . Disorderly .The possession of basements, stairwells. laundry and vending machine areas: and outdoor areas including sun decks. courtyards. parking lots. etc. . Large quantities of alcohol are prohibited at unregistered events. in private rooms and in residence halls kegs. pony kegs. beer balls, etc.). Such quantities of alcohol and serving devices will be confiscated and will not be returned. . The 5-College Dry Week policy is in effect at the beginning of the Fall semester once early arrivals come to campus. throughout Orientation and the first week of classes. Being "dry" means alcohol may not be consumed or served on campus. .Any games that are centered on alcohol. focus on drinking large quantities of alcohol or promote irresponsible drinking are prohibited. Any devices or paraphernalia which aid in these games will be confiscated and will not be returned. These devices include. but are not limited to beer pong or "Beirut" tables and cups and beer bongs or funnels. behavior related to alcohol use. Hosts. sponsoring individuals and/or organizations are responsible and accountable for such behavior. . Any advertising for events, which indicates or implies that alcohol is to be served. The College requires the prior approval of all advertising for events by the Dean of Students or her/his designee. The use of student activity funds to purchase alcoholic beverages. Tampering or altering student lD's or using false ID. Regulations Regarding Drugs The following are prohibited: .The possession. use. cultivation, sale, or transfer of illicit drugs. Such drugs will be confiscated and may be destroyed. drug paraphernalia. including pipes. needles or other contrivances used in the consumption of illicit drugs. Such paraphernalia will be confiscated and may be destroyed. .Disorderly behavior related to drug use. Individuals will be held accountable for such behavior. Registration of Special Events Where Alcohol is Served: The College aims to promote a lively and varied social life within our community. Parties play an important role in this and the following rules are intended to facilitate Pitzer Ct a 2011~12 Student Handbook such events in safety and in accordance with College policies. All events involving the serving of alcohol in public areas must be formally registered with and approved by the Dean of Students or his/her designee. lndividuals or groups serving alcoholic beverages must comply with the following guidelines: . Events in residence halls involving fifteen to thirty-five guests must be registered three to five days prior to the event. Two students aged 21 years or older must assume responsibility for compliance with College policies at the event and be present and sober during its entire duration. All publicity must be approved prior to posting. . Events involving more than thirty-five guests must be registered seven to ten days before the event. Two students aged 21 or older must assume reSpon3ibility for compliance wuth College policies at the event and be present and sober during its entire duration. Events involving the reservation of common areas. approval of Hall Councils. contracting Campus Safety, etc. should begin arrangements earlier than ten days before the event. All publicity must be approved prior to posting. .All events must conform to fire codes concerning maximum occupancy. .Alcoholic beverages may be served and consumed only by individuals twenty-one and over who are members of the College community or invited guests. Alcoholic beverages cannot be served or consumed at events that are open to the public without special approval through the Office of Student Affairs. . The sale of alcoholic beverages is prohibited. 6. Anyone who cannot prove that he or she is at least 21 years of age may not be served an alcoholic beverage at registered events. A valid college lD is required for currently registered students. State issued photo ID is required for all non?Claremont students. . Only beer and wine can be served as alcoholic beverages. The ratio of alcoholic beverages per guest expected to attend will be set by the Office of Student Affairs. All parties must serve high quality alternative beverages (Le. brand name soft drinks or mocktails). At least twenty- five percent of all beverages must be non- alcoholic beverages not intended as mixers. . All parties must serve high quality food other than salty snacks throughout the duration of the event veggies and dip. fruit platters, cheese and crackers. etc.). . All registered events with more than thirty~five guests must use designated "servers." These ?n . Pitzer College 2011-12 Stude; 1ndbook ?servers? must be at least twenty-one years of age and will have taken a course on how to properly distribute and serve beverages at parties. The "servers" will follow the guidelines of the Pitzer College Alcohol Policy when working at events. If it is found the ?servers? are not following policy, the party will be closed. individuals and/or sponsoring groups will be held accountable for violations of College policy. 10. Campus Safety officers must be employed at events where alcohol is present, as determined by the Office of Student Affairs. Communication Protocol for Bias Related Incidents Statement of Purpose This Communications Protocol, which has been adopted by each of the members of The Claremont Colleges, is intended to provide a framework for intercollegiate responses to bias related incidents. Bias related incidents are expressions of hostility against another person (or group) because of that person?s (or group?s) race. color. religion. ancestry, age, national origin. disability, gender or sexual orientation. or because the perpetrator perceives that the other person (or group) has one or more of those characteristics. As used in this Protocol. the term ?bias related incident" is limited to conduct that violates one or more of The Claremont Colleges' disciplinary codes and which is not protected by the First Amendment of the United States Constitution or by analogous provisions of state law. A hate crime is an especially severe form of bias related incident and such crimes fall far beyond the bounds of constitutional protection. However. the category of bias related incidents extends beyond hate crimes and other actions that would constitute criminal offenses under relevant penal codes. in the event that a bias related incident occurs on one of the campuses and/or on Claremont University Consortium (CUC) premises. this Protocol shall govern communication among The Claremont Colleges? chief student-affairs and administrative officers. California Law Regarding Hate Crimes California law prohibits hate crimes. Section 422.6 of the California Penal Code defines a hate crime as follows: A. "Hate crime? means a criminal act committed, in whole or in part. because of one or more of the following actual or perceived characteristics of the victim: 1. Disability. 2. Gender. 3. Nationality. Gel al College Policies 61 Race or ethnicity. Religion. 0) . Sexual orientation. \1 .Association with a person or group with one or more of these actual or perceived characteristics. 8. ?Hate crime" includes. but is not limited to. a violation of Penal Code Section 422.6. California Penal Code A7 422.6 provides the following: a. No person, whether or not acting under color of law. shall by force or threat of force, willfully injure, intimidate. interfere with. oppress. or threaten any other person in the free exercise or enjoyment of any right or privilege secured to him or her by the Constitution or laws of this state or by the Constitution or laws of the United States in whole or in part because of one or more of the actual or perceived characteristics of the victim listed in subdivision of Section 422.55. b. No person. whether or not acting under color of law, shall knowingly deface. damage. or destroy the real or personal property of any other person for the purpose of intimidating or interfering with the free exercise or enjoyment of any right or privilege secured to the other person by the Constitution or laws of this state or by the Constitution or laws of the United States. in whole or in part because of one or more of the actual or perceived characteristics of the victim listed in subdivision of Section 422.55. c. Any person convicted of violating subdivision or shall be punished by imprisonment in a county jail not to exceed one year, or by a fine not to exceed ?ve thousand dollars or by both the above imprisonment and fine. and the court shall order the defendant to perform a minimum of community servnce, not to exceed 400 hours. to be performed over a period not to exceed 350 days. during a time other than his or her hours of employment or school attendance. However, no person may be convicted of violating subdivision based upon speech alone, except upon a showing that the speech itself threatened violence against a specific person or group of persons and that the defendant had the apparent ability to carry out the threat. d. Conduct that violates this and any other provision of law. including, but not limited to, an offense described in Article 4.5 (commencmg with Section 11410) of Chapter 3 of Title 1 of Part 4. may be charged under all applicable provisions. However. an act or omission punishable in different ways by this section and 62 General College Pc ?es other provisions of law shall not be punished under more than one provision. and the penalty to be imposed shall be determined as set forth in Section 654. Procedure For Responding To Bias Related Incidents 1. Any person, including faculty. staff. students and visitors to the colleges. observing an incident or evidence of possible bias incident and/or hate Crime shall notify college staff and/or Campus Safety before taking any action (such as disposing or removing evidence. altering scene. etc.). 2. College staff and/or Campus Safety shall follow protocol of college where the incident occurred and with studentts) immediately involved in notifying appropriate on-call staff. 3. Campus Safety and the on-call dean(s) will consult on bias related incidents that may rise to the level of a crime. If either suspects that a crime may have been committed. Campus Safety shall notify Claremont Police Department. 4. Campus Safety and/or College personnel shall document the incident or evidence by appropriate means. photographls). incident reports. statements from witnesses. etc. 5. The Dean of Students shall preserve the evidence or copies of same. In incidents of a criminal nature. or where othen/vise deemed appropriate. Campus Safety shall also maintain records of the incident. 6. Communication among the colleges will pass from the Chief Student Affairs Officer or the Chief Administrative Officer of the institution where the incident occurred to the Chief Student Affairs Officers on other campuses and Chief Administrative Officer at CUC. In the event that the Chief Student Affairs or Administrative Officer is unavailable. she or he will have designated a second in command to whom the communication will be directed. The second in command is then responsible for both implementing the below protocol and informing the Chief Student Affairs or Administrative Officer as quickly as possible. The communication between offices should: Provide a brief description of the incident: List any information about initial steps that have been taken to address the incident; Provide instructions about how to report information about the incident: and Conclude with a standard paragraph on steps Pitzer Co :201 1 ~12 Student Handbook community members should take in the event they see a bias related incident. 7. Each school and CUC shall create and/or follow an established internal policy to communicate information regarding the incident. A campus might choose to include one or more of the following: a. Notification procedures for personnel responsible for the handling the incident are in place. including communications officers b. Email/and or Web dissemination of the notification to all faculty. staff and students: c. Paper mail dissemination of the notification to all faculty. staff and students: d. Posting of notices in locations on the campus in areas in which members of that campus are most likely to read them: e. Utilizing proctors. college counCils or senates. and other student leaders in ways consistent with their position description and responsibilities; f. Notifying any other appropriate college- specific body at that institution that may be charged with handling matters of this nature- Diversity Coordinating Committee at Scripps. at Pomona. Emergency Operations Committee(s) (EOC) of college. etc. 9. Utilizing informational sessions for community members to receive information in person. ask questions and generally discuss incident. 8. Each institution will insure that Residence Life staff members are instructed about response protocols for such incidents 9. Each institution will provide information to its community about reporting protocols. 10. CUC will insure that Campus Safety officers and dispatchers are instructed about response protocols for such incidents. 11. The chief student affairs and administrative officerwill keep a log of incident communications originating from his/her institution. The log shall include a description of each incident and the institutional and/or police response to the incident. This log may be kept in the format appropriate to the campus culture (paper, web- based. etc.) The log will be made available to students. faculty and/or staff upon request. This protocol was drafted and adopted by the Student Affairs Committee of The Claremont Colleges. PASA (Pan-African Student Association). Scripps College Wanawake Weusi. Hillel Student Board, Pitzer Black Student Union (BSU) in spring 2005. This protocol was adopted by the Council of The Claremont Colleges on June 2. 2005. . Pitzer College 2011-12 Studei tndbook Computer Use Agreement Use of your computer accounts and related services are a privilege. By accepting and using your Pitzer Network account. you have agreed to obey the rules and policies of the Pitzer Information Technology Department including the Appropriate Use Policy of the Claremont Colleges. Failure to follow these rules will result in the loss of this privilege. Users of Pitzer College computer resources are required to follow lab rules. Users will only use one computer at a time. Each user is assigned an individual account. Users will only use their own account. Users Will be expected to show some form of identification to verify their identity when acquiring their account. The user is responsible for choosing a password during his/her first session and for maintaining its security (users may choose to change their password periodically). By policy students are required to change their password regularly in accordance with password expiration policy. The computer accounts of other users are private. Any person(s) copying from another user's files without their permission may lose their network computer privileges. Users misrepresenting themselves while using any of Pitzer?s computer resources will not be tolerated. This refers especially to sending email messages using a falsified name or someone else?s account. Unauthorized use of the computer network. including but not limited to attempting to break into other systems will not be tolerated. Disciplinary action will be taken. All changes to the content or configurations of any system or computer MUST first be cleared with either the System Manager or the Lab Supervisor. This includes adding and running any programs or software outside of the established supported software. (Le. games). Users of the system are subject to federal. state and local laws. Violation of copyright laws will not be tolerated. Downloading of music, video?s. software or other copyrighted material is not allowed and all such files will be removed. Network Access can be revoked. Users should follow any reasonable instructions given by the consultant on duty. Any complaints regarding a user should be forwarded in writing or via email to the Lab Supervisor. Users are not permitted to let friends and/or relatives use their accounts. Anyone violating this is subject to having his or her privrleges revoked. Limited guest accounts can be Ger 1 College Policies 63 requested and will be provided at the discretion of the Lab Supervisor. Use of any Pitzer College technology resource for commercial purposes is strictly prohibited. Computer resources may not be used to engage in abuse of other users. such as sending abusive or obscene messages Within or beyond Pitzer via the network. Users are responsible for their own data. All files should be saved to a removable storage device or to the user's networked home directory. All files stored locally on lab computers will be removed as computers are cleaned on a regular basis. Abusive or improper use of computer resources is not allowed. This includes. but is not limited to. misuse of system operator privileges. tampering with equipment. unauthorized attempts at repairing equipment and unauthorized removal of equipment or components. The priority protocol for use of lab computers is: Any faculty or staff member of Pitzer College who has reserved time for teaching a class in the lab. Any Information Technology staff member doing work related to their position. Any student of Pitzer College who are engaged in ?academic activities." Any faculty or staff members of Pitzer College performing non-teaching work for the college. Any student. faculty. or staff member of any of the other Claremont Colleges who has his or her own valid account. Note: ?Academic activities" is defined as research. class use and class assignments. The Claremont Colleges-Policy Regarding Appropriate Use of Campus Computing and Network Resources: An overall guiding mission of The Claremont Colleges is education in an environment where the free exchange of ideas is encouraged and protected. The Claremont Colleges make available computing and network facilities (CNF) resources for use by the Colleges? students. faculty and staff. These services are provided for educational purposes and to carry out the legitimate business of the Colleges. The Colleges and members of the college communities are expected to observe Federal. State and local laws that govern computer and telecommunications use, as well as the Colleges? regulations and policies. Computing and network facrlities resources users are required to use these resources within the Colleges? standards of conduct. individuals with expert knowledge of information systems or who 64 General College Pc ies make extensive use of these facilities. or With a position of trust regarding these facilities will be held accountable to a higher standard. Responsible, considerate and ethical behavior expected by the Colleges extends to use of computing and network facilities resources and networks throughout the world to which electronic access has been provided. These CNF resources include but are not limited to: Computers and associated peripheral devices: Campus video cable; Classroom presentation systems; Voice messaging equipment: Data networking equipment systems. including remote and wireless access: Computer software: Electronically stored institutional data and messages: All other similar resources owned. controlled and/or operated by the Colleges; and Services to maintain these resources. Ownership: The Colleges retain absolute ownership rights of the CNF resources. Such resources are not owned by a department or by any individual. CNF resources leased. licensed. or purchased under research contracts or grants, are administered under the terms of this policy for as long as they remain within the lawful possession or control of the Colleges. CNF resources provided to on campus residences are also owned. operated and provided by the Colleges. Access to Resource: Access to CNF resources is a privilege, which is allowed only to the Colleges' authorized personnel and students. All users must understand and abide by the responsibilities that come with the privilege of use. Such responsibilities include. but are not limited to, the following: 1. You must understand and comply with all applicable federal, state and local laws. 2. You must not intentionally seek information about, browse. copy. or modify non-public files belonging to other people, whether at a Claremont College or elsewhere. 3. You are authorized to use only computer resources and information to which you have legitimately been granted access. Sharing your passwords with others is expressly forbidden. Any attempt to gain unauthorized access to any computer system, resource or information is expressly forbidden. If you encounter or observe a gap in system or network security. immediately report the gap to the manager of that system. 4. Each College's Policy on Harassment applies as equally to electronic displays and 10. 11. 12. Pitzer Co 2011-12 Student Handbook communications as to the more traditional oral and written) means of display and communication. Messages, sentiments and declarations sent as electronic mail or postings must meet the same standards for distribution or display as physical (paper) documents would on college property. . Unsolicited mailings and unauthorized mass mailings from campus networks or computing resources ?spam") are prohibited. Each campus may have specific policies regarding the use of existing group mailing lists all- students or all-faculty). Contact your campus IT organization for details regarding these policies. . Spoofing, or attempts to spoof or falsify email. network or other information used to identify the source, destination or other information about a communication. data or information is prohibited. . You must not degrade computing or network performance in any way that could prevent others from meeting their educational or College business goals. .You must conform to laws and Colleges policies regarding protection of intellectual property, including laws and policies regarding copyright. patents and trademarks. When the content and distribution of an electronic communication would exceed fair use as defined by the Federal Copyright Act of 1976, users of campus computing or networking resources shall secure appropriate permission to distribute protected material in any form. including text, photographic images, audio, video, graphic illustrations. and computer software. You must not use campus computing or networking resources or personal computing resources accessed through campus network facilities to collect, store or distribute information or materials, or to participate in activities that are in violation of federal, state or local laws. You must not use campus computing or networking resources or personal computing resources accessed through campus network facilities to collect, store or distribute information or materials in violation of other Colleges policies or guidelines. These include. but are not limited to. policies and guidelines regarding intellectual property and sexual or other forms of harassment. You must not create or willfully disseminate computer viruses. You must employ appropriate virus protection methods to avoid damaging CNF resources. l. Pitzer College 2011-12 Stude andbook 13. Use of CNF resources for advertising. selling and soliciting is prohibited without the prior written consent of the Colleges, and use of CNF resources for commercial purposes or for personal financial gain is prohibited. Faculty. students or staff who have questions about the legitimacy of a particular use should discuss it with the appropriate members of the IT staff on their home campus. 14. The disclosure of individually identifiable non-directory information to non-university personnel is protected by the Family Educational Rights and Privacy Act of 1974 (FERPA). The disclosure of financial or personnel records that are owned by the Colleges without permission or to unauthorized persons is not permitted and may be prosecuted under California Penal Code 502. 15. Willful or unauthorized misuse or disclosure of information owned by the Colleges also constitute just cause for disciplinary action. including dismissal from school and/ or termination of employment regardless of whether criminal or civil penalties are imposed. It is also expected that any user will report suspected abuses of CNF resources. Failure to do so may subject the individual to loss of CNF access and/or the disciplinary action referred to above. The respective Information Technology organization of one of The Claremont Colleges may immediately suspend service to an individual or computer found to be significantly degrading the usability of the network or other computer systems. inappropriate use will be referred to the appropriate College authority to take action. which may result in dismissal from school and/or termination of employment. Password/Security Codes: Individuals entrusted with or that inadvertently discover logins and passwords are expected to guard them responsibly. These passwords are not to be shared with others. The same policy applies to door codes for restricted-access rooms/areas. Those who need logins or door codes can make a formal request to the administrator of those codes/passwords. Note: The provisions of this Policy apply to the institutions comprising The Claremont Colleges, including the Claremont University Consortium. (rev. 6/27/02) Demonstrations The undergraduate Claremont Colleges, Pomona College. Scripps College. Claremont McKenna College, Harvey Mudd College. Pitzer College together with Claremont Graduate University. Keck Graduate Institute and Claremont University Consortium (CUC) are all member institutions of the ?Claremont Colleges.? Each of these member Gel al College Policies 65 institutions respects the rights of free speech and peaceful assembly and supports their exercrse. However, when the exercise of speech and assembly becomes disruptive or non-peaceful, and infringes upon the rights of others. threatens property or public safety, or impedes the business of the member Colleges or CUC. the individuals and CUC will act according to this policy. Every institution in the consortium has instituted procedures for presenting and peacefully resolving disagreements about policies. Officials at the individual Claremont Colleges and CUC are willing to examine. discuss and explain institutional policies to any member of The Claremont Colleges community. However. participation in a demonstration that is materially disruptive and non-peaceful or involves the substantial disorder or invasion of the rights of others on the property of any of The Claremont Colleges or of Claremont University Consortium or their affiliated institutions is prohibited. Determination of when a demonstration or action is non-peaceful or disruptive may be difficult. but The Claremont Colleges individually and collectively subscribe to the general guidelines listed below. Non-peaceful actions or demonstrations are those that endanger or injure. or threaten to endanger or injure. any person. or that damage or threaten to damage property. Disruptive actions or demonstrations are those that restrict free movement on any of the campuses. or interfere with. or impede access to, regular activities or facilities of any of the Colleges or CUC. If an officer or designee of an affected College or CUC informs individuals in a given area that their collective actions are judged non-peaceful or disruptive and that they should disperse, individuals remaining may be charged. on their home campus, with a violation of this policy. Any individual action in a non?peaceful or disruptive manner. whether he or she is acting individually or within a group, may be charged on the basis of the individual?s or group's behavior with a violation of this policy. Ignorance of this policy or lack of intent to violate this policy is not acceptable justification for violating it. Lack of intent or lack of awareness of the existence of College or Consortium policy will not excuse violations. Charges will be brought at the home college of the accused. Any President on his or her home campus. or designee. or the Chief Executive Officer of CUC, or designee, on the property of CUC. is authorized to take action against any individual violating this policy. Actions may include arrest, or other legal action. or notice of disciplinary charges and handled through the home college?s disciplinary procedures. The Presidents and the Chief Executive Officer of CUC may delegate their authority to act. 66 General College Pc ies Enforcement Policy: In the event of a nonpeaceful or disruptive action on the property of any of The Claremont Colleges, CUC, or any of their affiliated offices or programs. the affected College or Colleges or Claremont University Consortium will act according to the following procedures: 1. The President(s) of the College(s) where activities are disrupted or the Chief Executive Officer of CUC. in the case of the property of CUC. will determine whether or not negotiation will take place with those involved in the demonstration or disruption. S/he will also determine the actions to be taken including, but not limited to. provisional or summary suspension or arrest. 2. The Colleges and CUC agree that cases of student disruption or non-peaceful action normally will be treated as violation of the student?s home campus conduct code and will be adjudicated by the normal disciplinary process at the student's home college. Appropriate officials at the affected institution(s) may put disruptive or non-peaceful individuals on notice that they are in violation of this policy and file charges against them. Officials at the home campus agree to acknowledge requests for disciplinary action including requests for suspension - and take action that is consistent With and/or allowed by disciplinary procedures at the home campus. 3. Officials at the other campuses will provide assistance in identifying disruptive or nonpeaceful individuals to the campus where the disruption occurs or to CUC. 4. All individuals who engage in disruptive or non- peaceful action will be notified that they are trespassing. Persons who continue to trespass after notification are subject to arrest (by a Peace Of?cer or by Private Person. California Penal Code Section 834). 5. Individual Claremont Colleges and CUC may bill students or file civil suits to recover damage and costs. 6. While officials at affected colleges or CUC may temporarily revoke any or all student privileges or take steps to end disruptive or non-peaceful protests. the college at which the student is enrolled, and only that college, may adjudicate complaints and make final decisions about alleged violations of conduct. apart from those decisions made by a court of law. Employment (Student) After a student is offered employment by a supervisor, the student must complete the official hiring process by completing forms with Human Resources (for non work study jobs) or with the Financial Aid Office (for work study jobs) before Pitzer Co 201 1-12 Student Handbook starting work. Original documents (not copies) of either a passport or driver?s license and social security card (or other forms acceptable as outlined on Form 1-9) must be presented to complete the hiring process. The Human Resources Office will notify the supervisor when the student has completed all the necessary paperwork. Students Will not be allowed to start work until all paperwork is completed and submitted to Human Resources. Timesheets are due by particular deadlines every two weeks. Fire Alarms, Building Evacuations and Campfires The careless use of fire. the removal of or tampering with fire fighting equipment. and the setting off of "false" fire alarms endangers the lives and property of the Pitzer College community and is prohibited on its campus. (This violation of state law is classified as a misdemeanor and can result in a fine of up to $1000 and a possible jail term of up to one year). Judicial action will take place against an individual or group that violates this policy. Individuals refusing to evacuate a building during a fire alarm or other building evacuation can be cited by the Fire Marshall and are subject to judicial action. (Refer also to the section on fire safety regulations within the section on Residential Living). State law allows for open campfires only under certain requirements. which can be facilitated at the Gold Student Center. Under NO circumstances will fires in the Arboretum/Outback be allowed, due to the highly flammable vegetation in the area. Institutional Review Board Pitzer College maintains an Institutional Review Board (IRB) in order to ensure (1) that researchers who are part of the College community protect the dignity, privacy, and safety of the participants they recruit for their research, and (2) that the dignity. privacy, and safety of members of the Pitzer community are protected when they choose to participate in research. Pitzer?s IRB deals only with research involving human participants: research involving nonhuman subjects must be reviewed elsewhere at The Claremont Colleges. College policy requires that all research involving human participants and all information-gathering regarding individual human beings carried out by the students and faculty of Pitzer or taking place on campus should follow the principles set forward The Belmont Report and that all such research and information-gathering must be submitted for IRB review. with the exception of procedures carried out by students under the direction of their instructors and involving. in the view of the instructor. neither greater than minimal risk, conflicts of interest regarding his or her own research, nor participants who may be unable to give informed consent. Pitzer College 2011-12 Studei indbook Research Involving Human Subjects -Research is defined by federal law as ?a systematic investigation designed to develop or contribute to generalizable knowledge. A 'systematic investigation? is any methodical collection of data. This includes interwews. surveys, tests, observations, or other experiments. regardless of content. even if it is a pilot study.? A research project is considered to have human subjects if it involves "a living individual about whom an investigator . . obtains data through intervention or interaction with the individual or identifiable private information." The only exceptions are procedures carried out by students under the direction of their instructors and, in the view of the instructor. does not pose greater than minimal risk to the human participants. does not create conflicts of interest regarding the instructor?s own research, or does not involve human participants who may not be unable to give informed consent. Application Procedure?All projects that involve data collection at Pitzer College must be approved by the Pitzer College IRB regardless of whether the principal investigator the primary faculty, staff. or student conducting the research) is affiliated with Pitzer College or some other institution. Principal investigators affiliated with Pitzer College who wish to collect data at other institutions must gain IRB approval at Pitzer College and at those institutions. Principal investigators and all members of their research teams must complete the Protecting Human Research Participants (PHRP) course offered online through the National Institutes of Health (NIH). Upon completion of this course, a certificate is generated by the online training program. Copies of these certificates for the principal investigator and all team members must accompany the application for IRS review. For application forms, instructions and more information. visit Please allow a minimum of two weeks for your application to be processed and reviewed. Only complete applications will be reviewed. Leave of Absence and College Withdrawal Students may sometimes find it necessary to interrupt their college education. When a financial, medical or other situation makes it impossible or unmse for students to continue enrollment, they may apply to the Registrar's Of?ce for a leave of absence or withdrawal for personal reasons. A leave of absence permits students to return to Pitzer without applying for readmission to the College. Leaves will normally be approved for no more than two consecutive semesters. If students decide not to return to the College after a leave of Ger 1 College Policies 67 two semesters. they will automatically be withdrawn from the College and must reapply for admission to return thereafter. Students may request an extension of a leave for one additional semester in case of extenuating circumstances. Students returning from a leave of absence are eligible to participate in pre-registration and room draw for the following semester. For information on refunds in case of leaves or withdrawals. please refer to the section on ?Refund Policies" in the Pitzer College Catalog. Involuntary Leave of Absence: When there are indications that a student?s behavior could result in or physical harm to her/himself or to others. prompt and decisive action is in the best interest of everyone. The Dean of Students and the Associate Deans may place a student on involuntary leave of absence for a specified period or until such time the danger may be shown to no longer exist. Any student arrested for a felony or a misdemeanor involving crimes of violence. dishonesty, or moral turpitude may be immediately placed on involuntary leave. The College shall retain discretion to determine when it would be appropriate for the student to return to study. Medical insurance All students are required to have medical insurance for the entire school year. Proof of insurance coverage must be provided every year by every student no later than the end of the first week of class. or a student is automatically enrolled under The Claremont Colleges' Students? Accident and Sickness Medical Expense Insurance plan. Once the student is enrolled, the fee is nonrefundable. Returning students are given the opportunity to sign a document stating their insurance remains the same. It is the student's responsibility to notify the Office of Student Affairs of any change in insurance. Note: the insurance provided by The Claremont Colleges does not cover accidents sustained while participating in or practicing for any intercollegiate spon. This is a medical insurance plan which The Claremont Colleges have arranged to provide. using Student Health Services for basic health care services and as a source for referrals. The insurance carrier provides partial coverage for medical and surgical expenses after a stated deductible. with both basic services and major medical services included. An explanatory brochure is available to all students from Student Health Services and the Office of Student Affairs. Missing Student Notification Policy Students who reside in on-campus housing are encouraged to identify a person to be contacted if it is determined that the student has been missmg for more than 24 hours. and to register that person's 68 General College Po es emergency contact information. confidentially, with the Office of Student Affairs and the Department of Campus Safety. If a student is determined to have been missing for 24 hours. the College and/or Department of Campus Safety will, within 24 hours. notify the appropriate law enforcement agency, and. if the missing student is under 18 years of age, and not an emancipated individual. the College and/or Department will also notify a custodial parent or guardian. If a member of the College community believes that a student who resides in on-campus housing is missing, it should be reported to the On-Call Dean. and/or the Department of Campus Safety so that appropriate action can be taken. Non-Discrimination Policy Statement Pitzer College adheres to both the letter and the spirit of Equal Employment Opportunity and Affirmative Action. it does not discriminate on the basis of race, color. creed. religion. national or ethnic origin. sex. gender, age, sexual orientation. marital status. pregnancy, disability, medical condition. or veteran status. in the administration of its admission policies, educational policies. scholarship and loan programs, athletic and other College-administered programs, and employment policies. Notifications The Office of Student Affairs considers communication through the student Pitzer email account and/or the assigned student campus mailbox to be the official and formal way of contacting students. Public Art Policy The Public Art Policy. formerly known as the "Outdoor" Art Policy is overseen by the Campus Aesthetics Committee. To propose any new public artwork or to remove any existing public artwork from the residence halls or any other Pitzer College campus location, as described in section 1 and 2, you must first contact the Campus Aesthetics Committee. Please see the public art guidelines and policies published by the Campus Aesthetics Committee on Pitzer's website. 1. Residence Hall Policy: Applies to all public or semi-public spaces inside the residence halls and exterior walls of the residence halls. 2. Non-Residence Hall Policy: Applies to locations not covered by section 1 - that is, the interior and exterior walls of all campus buildings, structures and areas except for inside or on a reSidence hall. The following provisions apply to sections 1 and 2: a. All proposals for public artwork on campus must be submitted to the Campus Aesthetics Committee for approval. Pitzer Co' 2011-12 Student Handbook b. All public artwork that has been approved by the Campus Aesthetics Committee will remain unless questioned by the community in accordance with the grievance policy. c. All proposals for public artwork located inside or on a residence hall must be submitted to the Campus Aesthetics Committee. If the artwork is approved by the Campus Aesthetics Committee. it then must be submitted to the Hall Council of the residence hall for which the artwork is being proposed to be installed or displayed for final approval. 3. Public Art Grievance Policy The Campus Aesthetics Committee values community input regarding artwork on campus. As such, the following criteria are in place so that the voice of the community can be heard and allow for an open dialogue. 3. Where there is a grievance voiced about any public artwork on campus the grievance Will be referred to the Campus Aesthetics Committee. At this point the Campus Aesthetics Committee will try to contact the artist(s) and address the grievance of their artwork. The Campus Aesthetics Committee will try work with the artist to see if they can conceptualize and design modifications or select an alternative site for their artwork. b. If the artist cannot be contacted. the Campus Aesthetics Committee Will make recommendations for the artwork, including removing or painting over the artwork entirely. or if there is still dissent with an artwork orthe artist and Campus Aesthetics Committee cannot come to a consensus the grievance should be brought to the attention of the community. In such a case. the grievance at hand, and the time of a meeting must be effectively published more than a week before any voting takes place. Effective publishing may be done through. but is not limited to mails, flyers, table tents and/or campus mail. If quorum. as described in the Faculty Handbook, is present at this meeting the issue will then be voted on by the Committee. 4. Financial responsibility for all original artwork is the duty of the artist as well as any costs incurred during any modifications or removal of artwork (should it be deemed necessary by the Campus Aesthetics Committee). Artists must therefore be prepared to pay for this process or to apply for funding for their artwork. Parking, Traffic and Motor Vehicle Regulations Automobile parking is scarce at Pitzer. The Pitzer College 2011-12 Studer .ndbook Claremont Colleges are small and each campus is accessible to the others we footpaths and Sidewalks. so we strongly recommend that you not bring a car to campus. Please note that first year students are not permitted to have a car on campus for their first two years due to parking limitations. if you have any questions. please contact Rochelle Brown. associate dean of students. 909.607.3553 or If you must bring a car to Pitzer, several things are important to know. 1. Automobiles must be registered with Campus Safety; unregistered cars will be towed (at owner?s expense) from campus parking lots after three (3) nonregistration tickets. Campus Security representatives are available at Financial Registration for the purpose of registering your vehicles. There is a nominal fee each semester for registering your vehicle. 2. Cars registered with a (Pitzer student) sticker may be parked in lots adjacent to Holden and Sanborn residence halls. and in the East Mesa parking lot. Because there are not sufficient spaces adjacent to each residence hall for all residents in that building, you should not anticipate being able to park directly next to the building in which you live. 3. Prohibitions against parking in fire lanes (red curbs) and handicapped spaces (blue curbs or wheelchair logo) are strictly enforced and citations are made by Campus Safety and by the Claremont Police and Fire Departments. Repeated fire lane or handicapped space parking violations may result in your automobile being towed (at your expense) or in denial of automobile registration privileges. A brochure titled "Regulations Governing the Use of Motor Vehicles" is available from Campus Safety upon request. The brochure includes detailed -nformation on automobile registration. operation and parking of vehicles. parking areas and zones. citations. fines. and penalties, and other aspects of motor vehicle regulation enforcement. Read this brochure carefully: you are responsible for adherence to the regulations described in it. Students should be aware that between 2 am. and 6 am. no parking is allowed on any street in Claremont. except for where the street has been specially designated and posted for overnight parking. All parking fines are billed to individual student accounts. Protocol for Contacting Local Law Enforcement for Assistance 1. When a disruptive Situation on a campus or campuses reaches a stage where a police presence is deemed necessary to restore normal college operations, the President. Ger. il College Policies 69 President's designee or the CEO of CUC or the CEO's designee may seek police intervention. 2. When police intervention is required and arrests ensue. the police assume that the Colleges or CUC will bring trespass or other legally appropriate charges against those arrested. 3. In a non-peaceful situation that poses a threat to public safety, the police role is altered. Actions that endanger or threaten to endanger persons or property may result in police intervention. arrests and charges even if not initiated by College officials. Non-peaceful situations may be policed and prosecuted without College involvement. 4. When police are called to manage or to intervene in a disruptive or non?peaceful incident. the situation becomes a police matter. The police will determine appropriate action - what steps it is necessary to take and what level of force should be used. Approved by the Council ofThe Claremont Colleges. August 28. 2001. This policy is not to be amended or changed Without approval of the Council. Returned Checks if a check remitted to pay a student account is returned unpaid. a $50 returned check charge is assessed. Sexual Harassment Policy and Procedures 1. Policy Policy Statement: lt is the policy of Pitzer College to maintain the College community as a place of work and study for students. faculty and staff free of sexual harassment and all forms of sexual intimidation and exploitation. It is fundamental to the concepts of academic freedom and equal opportunity that each member of the College community be treated with dignity and without regard to any factor irrelevant to partiCipation in the activities of this community. it is further the policy of the College to prevent, correct and remedy sexual harassment. All students. faculty and staff are subject to this policy. Persons who are not employees of the College but who perform work at the College for its benefit (such as contractors and their employees. temporary employees provided by agencies. visitors engaged in joint projects. etc.) are required to comply with this policy. Violation of this policy by such persons is likely to result in their being barred from the workplace upon the first offense. All members of the College community are encouraged and expected to make it known through the avenues identified below, whenever they experience or witness sexual harassment as defined below. Likewise, all members of the College community are encouraged and expected to make it known a. 70 General College Pa .es through the avenues identified below. whenever they have knowledge that false charges of sexual harassment have been made. Individuals who have been judged to violate this sexual harassment policy Will be subject to appropriate corrective action. which may include. but is not limited to. written warning, transfer. suspension. or dismissal. Reprisals against an individual who in good faith raises a concern or makes a charge about behavior that may violate this policy are against the law and not be tolerated. Intentionally false charges are grounds for discipline and may constitute just cause for dismissal. After investigating complaints of harassment under this policy. the College may impose discipline for inappropriate conduct that comes to the College?s attention. without regard to whether the conduct constitutes a violation of law. Pitzer College is committed to the principles of free inquiry and free expression. Vigorous discussion and debate are fundamental to the College. and this policy is not intended to stifle freedom of expression nor will it be permitted to do so. What is Sexual Harassment: Sexual harassment consists of unwanted and unwelcome sexual advances. requests for sexual favors. and other visual. verbal, or physical conduct of a sexual nature: 1. When submission to such conduct is made either explicitly or implicitly a term or condition of an individual's employment. academic status. or progress; or When submission to. or rejection of. such conduct by the individual is used as the basis for employment or academic decisions or evaluations affecting the individual: or 3. When the conduct has the purpose or effect of creating an intimidating. hostile, or offensive work, educational, or student living environment: or 4. When submission to. or rejection of. the conduct by the individual is used as the basis for any decision affecting the individual regarding benefits and services, honors. programs. or activities available at or through Pitzer College. The determination of what constitutes sexual harassment depends upon the specific facts and the context in which the conduct occurs. Sexual harassment may take many forms. It may be subtle and indirect. or blatant and overt. it may be conduct affecting an individual of the opposite sex or conduct affecting an individual of the same sex. it may occur between peers or between individuals in a hierarchical relationship. An important question is always whether the conduct is unwelcome to the individual to whom it is directed. regardless of the intentions of the actor. Sexual harassment may include unwelcome verbal Pitzer Co. . 2011-12 Student Handbook comments. written harassment via notes, letters. or electronic mail messages and displays on public workstations. Coercive behavior, including suggestions that academic or employment reprisals or rewards will follow the refusal or granting of sexual favors. constitutes gross misconduct and will not be tolerated: a single incident of coercive behavior could be grounds for discharge or expulsion. Sexual harassment usually involves sexual advances that are repeated and unwanted. Consensual Relations Policy: The College recognizes and individuals should be aware that consensual sexual relationships can result in claims of sexual harassment because the degree to which consent is voluntary may be questioned when a power differential exists. If a sexual harassment claim is filed following what one or both of the parties may have initially viewed as a consensual relationship. the consent is evaluated in light of this power differential. Sexual relationships between employees and their supervisor or students and faculty members with whom they also have an academic or evaluative relationship are fraught with the potential for exploitation. The respect and trust accorded a professor by a student or a supervisor by an employee. as well as the power exercised in an academic or evaluative role. make voluntary consent suspect. Even when both parties initially have consented. the development of a sexual relationship renders both parties and the College vulnerable to possible later allegations of sexual harassment in light of the significant power differential that exists between them. In their relationships with students and staff members. faculty and supervisors are expected to be aware of their professional responsibilities and avoid apparent or actual conflict of interest. favoritism. or bias. Sexual relationships that involve a faculty member who exercises active and immediate authority over a student. as in the case of a faculty member and a student currently studying with the faculty member and/or an adviser and advisee relationship. are prohibited whether or not the relationships are consensual. The same is true of a supervisor/ employee relationship. A supervisor and faculty member must remove him/herself from positions of active and immediate authority over the employee or student before a sexual relationship begins. The College has the right to take disciplinary action. up to and including dismissal. against a faculty member or supervisor for participation in a relationship which involves such a conflict. In the case of a sexual relationship in which the parties believe that the restrictions of the preceding paragraph do not apply. it is the obligation of the supervisor or faculty member. because of his/her position of authority. to take all necessary steps to remove herself/himself Pitzer College 2011-12 Stude. andbook from professional or institutional actions. such as providing recommendations or participating in the awarding of departmental prizes, performance reviews or promotions, which affect the student and/or employee. Before a sexual relationship develops. effective steps must be taken to ensure unbiased evaluation and supervrsion of the student or employee. Failure to do so may result in disciplinary action. the level of which Will depend on the severity of the potential or actual conflict. These requirements also apply to past sexual relationships. Faculty members. students. supervisors and staff members are encouraged to seek assistance and guidance from the Dean of Faculty. Dean of Students or Director of Human Resources to ensure compliance with this Policy. Because consenting relationships may in time lead to liability for the College and the individual faculty member or supervisor. based on claims of harassment. the College will not approve such relationships. It should not be assumed that because a person in authority at the College has knowledge of the relationship that the College has condoned the relationship. Disciplinary action for a consenting relationship, if taken. will be conducted in accordance with the procedures and standards specified in this policy. Additionally. as stated in the policy, intentionally false charges are grounds for discipline and may constitute just cause for dismissal. Glossary: In addition to ?sexual harassment" which has already been defined, there are other terms such as "concern" and ?charge.? that are used in a somewhat technical way throughout this document and are defined below: A concern is a question or problem involving alleged sexual harassment or similar conduct that an individual wants to discuss without (yet) having made the decision to pursue the matter further. The reason for distinguishing between concerns and complaints is that members of the College community should be able to get advice about behavior that may constitute sexual harassment even if they are not certain that it violates this policy. or that they want to take action. Peer Counselors are prepared to discuss concerns related to sexual harassment. A charge is an assertion that a named individual has violated this policy. A charge may be lodged by filing a complaint with one of the Designated College Officials. using informal or formal resolution procedures. A complainant is an individual making a charge; the complainant must consent to being identified to the person being charged if necessary to investigate and resolve the complaint. A respondent is the individualls) against whom a charge has been made. Get al College Policies 71 Informal resolution of a concern or a charge means an outcome achieved by advising. mediation. or other informal processes. rather than through the College?s formal resolution procedure. Formal resolution of a charge means an outcome achieved by the Hearing Committee and designated college officials. all of whom have received training for handling charges of sexual harassment. . i ffi Student Contact: Dean of Students Scott Hall x72821/18241 Faculty Contact: Dean of Faculty Fletcher 208 X18217 Staff Contact: Director of Human Resources McConnell 312 X18254 Peer counselors are the two volunteers available to each constituent group (staff. faculty and students; one of each gender) to serve as advisers in first discussing what has occurred and to make initiating or responding to a charge of harassment as non-threatening as possible. Peer Counselors are not required to report information from their discussions with peers. Their role is to provide assistance to peers who have a valid complaint should they wish to pursue a concern of sexual harassment with one of the Designated College Officials. Peer Counselors are prepared to discuss concerns involving alleged sexual harassment. The Hearing Panel will consist of eighteen people who have received training for handling charges of sexual harassment: at least one female and one male representative from each group, all appointed by the President. in consultation with the Faculty Executive Committee. in the following manner: Faculty: 1 - from the Judicial Council 5 - from the faculty at large Staff: 1 - Pitzer representative to the Staff Grievance Committee 5 - from the staff at large Students: 1 - from the Judicial Councrl 5 - from the student body (Chair to be designated by the President) Hearing Committee: The Chair of the Hearing Panel will select five individuals, who to the extent possible are acceptable both to the complainant and to the respondent. to serve as a Hearing Committee for each individual case. The Chair will ensure that each committee consists of at least two females and two males. The five-member Hearing Committee will be composed as follows: C. anfligt ti Faculty 3 Faculty 72 General College Pt ies - Faculty 1 Staff 1 Student Staff 3 Staff - Staff 1 Faculty 1 Student Student-Student (See the Code of Student Conduct) Faculty 2 Faculty - Staff 2 Staff 1 Student Faculty 2 Faculty - Student 2 Student 1 Staff Staff 2 Staff - Student 2 Student 1 Faculty ll. Procedures for Dealing with Sexual Harassment: Procedures: Anyone may seek advice. information. or counseling on matters related to alleged harassment without havung to lodge a complaint. Persons who believe they are being harassed, or are uncertain as to whether what they are experiencing is harassment, are encouraged to talk with one of the constituent group?s peer counselors. At least two peer counselors (one of each gender) be available to each constituent group (staff, faculty and students) to serve as advisers in first discussing what has occurred and to make initiating or responding to a charge of harassment as non?threatening as possible. However. faculty members or supervisors who acquire knowledge of an alleged sexual harassment incident involving a student are obligated to report the incident to one of the Designated College Officials. Supervisors who become aware of a staff member being harassed are also obligated to report. The names of the six or more peer counselors and hearing panel members will be published and distributed every year. The person seeking information and advice will be counseled on the options for action available under this policy. Information disclosed through this peer advising process will be held in confidence, unless the initiating individual agrees that additional people must be informed in order to facilitate a solution. However, once an individual has been named to a Designated College Official as an alleged harasser. the College will take investigative and/or remedial action in response to information provided to peer counselors. An initial course of action for any faculty. staff. or student who believes that s/he is being sexually harassed, is for that person to tell or otherwise inform the alleged harasser that the conduct is unwanted. unwelcome and must stop. However. in some circumstances this course of action may not Pitzer Cc 2011-12 Student Handbook be feasible or may be unsuccessful. The College provides both informal and formal complaint resolution procedures. The complainant may choose either procedure for a resolution. (Note: Student-Student cases will be handled according to The Code of Student Conduct.) In addition, the resolution process may be commenced by the Designated College Official any time the College becomes aware of conduct which may be considered a violation of this policy. Upon receipt of a complaint alleging sexual harassment prohibited by this policy. or at the time that the Designated College Official initiates the resolution process. the Designated College Of?cial may make a determination whether interim action. pending the conclusion of the investigation. is required. Such action may include temporary transfer or reassignment to separate the individual accused of sexual harassment from the complaining individual. paid leave of absence, or other non-punitive measures that, in the discretion of the Designated College Official. are necessary or appropriate for the completion of the investigation and resolution process. Confidentiality: The College will endeavor to maintain the confidentiality of any information provided to the College regarding alleged sexual harassment. However. in some instances. information must be disclosed in order to conduct a thorough and fair investigation. Accordingly. the College cannot guarantee that information provided to it regarding alleged harassment will be kept confidential if that information must be disclosed in furtherance of an investigation. Any individual who participates in an investigation of alleged sexual harassment pursuant to this policy. including any individual complaining of sexual harassment, accused of sexual harassment or witness to the alleged sexual harassment. is expected to maintain the confidentiality of all discussions regarding the alleged harassment and regarding any investigation or corrective action taken by the College. Informal Resolution: This informal procedure is intended to resolve an actual or perceived instance of sexual harassment short of a formal hearing. If the complaint is not resolved informally, either the complainant or the designated college official Will initiate a formal resolution process. The aim of an informal resolution is to ensure that the alleged offending behavior ceases and that the matter be resolved. The charge is resolved when the complainant, the respondent and the designated college official are in agreement as to a satisfactory conclusion. The informal resolution process wull not normally take more than four weeks. Examples of informal procedures to resolve a charge of sexual harassment may include but are not limited to: Pitzer College 2011-12 Stude. andbook a. A meeting between the Designated College Official and the alleged harasser: b. A meeting with the Designated College Official. the complainant and/or an informal advocate (such as a friend or colleague but not an attorney) and the alleged harasser and/ or an informal advocate (such as a friend or colleague but not an attorney): 0. A short series of such meetings: d. The use of a mediator if the complainant and the alleged harasser agree. The mediator should be a person with both legal and personnel or academic relations experience who is acceptable to both parties. He/she would discuss the issues with both principals and seek appropriate actions by one or both parties to reach an acceptable resolution. Satisfactory resolutions may include but not be limited to the following outcomes. not all of which are mutually exclusive: a. The respondent agrees to cease the offending behavior immediately. b. The respondent apologizes to the complainant. c. The respondent agrees to become more educated about sexual harassment by reading or attending a relevant workshop) or to seek counseling. d. The complainant agrees that the offending behavior was not intended to be offensive and the respondent agrees to be more conscious of possibly offensive behavior. e. The complainant agrees to withdraw his/ her allegation of sexual harassment. f. The complainant or the respondent agrees to change his/her workplace assignment or educational environment. Formal Resolution: To initiate the formal resolution process, the complainant should inform one of the Designated College Of?cials that 5/ he believes that s/he has been the victim of sexual harassment and wants to file a charge. A formal resolution process. including immediate investigation and appropriate corrective action may also be initiated by the Designated College Official. even in the absence of a formal complaint. In either case, the Designated College Official Will submit a written summary of the alleged incident to the Chair of the Hearing Panel who will select a Hearing Committee which will begin a formal investigation and determine whether a violation of the College?s policy prohibiting harassment has occurred. The Hearing Committee should complete its work within sixty days of receipt of the complainant?s charge by the College. This time frame may be extended due to complexity of the issues or Gei. al College Policies 73 With the consent of both parties. The Hearing Committee will conduct a full, impartial and timely investigation. and will provide the respondent with a written statement of the allegations. to which that individual will be required to respond in a timely manner. During the course of the investigation the Hearing Committee will hear the complainant. the respondent and relevant witnesses. To the extent possible. charges will be handled confidentially. With the facts made available only to those who have a need to know for purposes of investigation or resolution. At the conclusion of its investigation. the Hearing Committee will prepare a written report which will detail the allegations, the evidence in the case, the persuasiveness of the evidence. the consistency of the testimony and the credibility of the witnesses. then determine whether there has been a violation of the College?s policy prohibiting sexual harassment. On the basis of that determination the Committee will recommend corrective actions or recommend that no further action be taken. A copy of the Hearing Committee?s report with its determination and recommendation will be given to one of the following 'vice presidents who will review this information. The vice president shall review the determination and recommendation of the Hearing Committee and shall on that basis make a final determination. with a written explanation. regarding resolution of the complaint. Where appropriate. the vice president may request that the Hearing Committee conduct further investigation if necessary to reach a final determination. The vice president shall provide a copy of that determination to the respondent. the complainant, the Hearing Committee and the President. The vice president shall not implement a corrective action for a period of at least two weeks from the date that these notices are issued in order to allow for the possibility of an appeal to the PreSident. Vice President Res nti Will Be: A Faculty member V.P/Dean of Facuny A Staff member V.P. from the Respondent?s Department A Student V.P/Dean of Students ?In the event that a vice president is a respondent or complainant in a charge of sexual harassment. the Hearing Committee will present its report of determination and recommendations to the President. The Executive Committee of the Board will hear appeals. If the President is the respondent or complainant in a charge of sexual harassment. FEC will appoint a Hearing Committee. The Hearing Committee's report will be directed to the Executive 74 General College Pc ies Committee of the Board, Without the Chairperson of the Board being present. Appeals will be heard by the Chairperson of the Board. Appeal Process: An appeal of the final determination may be submitted in writing by either party directly to the President, but must be filed within two weeks of the date that notice of the determination was issued to the respondent and to the complainant. (This requirement may be extended for good cause). An appeal must be based on the following: significant new evidence: procedural error. including the misapplication of policy or legal standards: bias of decision maker; or the harshness of the recommended sanction. The President will provide written notice of the appeal decision to the respondent, the complainant and the vice president within one week of the date upon which the President received an appeal. Corrective Actions may include but not be limited to the following. not all of which are mutually exclusive: a. A letter from the offender acknowledging the offense and apologizing to the complainant: b. A letter of reprimand to the offender; c. Mandated education regarding sexual harassment: d. A notice of the offense prepared and place in the personnel file or the student file of the o?enden e. Suspension of the contract of employment or, in the case of a student, the enrollment and/or residence of the offender: f. Freezing of salary; g. Reallocation of responsibilities: h. Termination of employment or dismissal from the College. False Accusations: Intentionally false charges are grounds for discipline and may constitute just cause for dismissal. Intercollegiate Offense: Contact your designated college official first. Ordinarily. the resolution of an intercampus charge of sexual harassment by a faculty, staff. or student member of one college or Central Programs and Services against a member of another college or will be made using the established sexual harassment policy and procedures of the respondent?s college or However, where appropriate or necessary. the College will take further investigative or corrective action to ensure a work or academic environment free of unlawful harassment for all members of the Pitzer College community. A designated individual at the complainant?s college or will assist the complainant in pursuing the charge through the respondent?s college. At the complainantrequest. a Pitzer Co. .i 201 1-12 Student Handbook designated individual at the complainant?s college may accompany the complainant to the hearing at the alleged respondent's college. The respondent may have equal representation. Each college and will publish its procedures regarding sexual harassment. and make copies available in the offices of the academic deans, the student deans, the human resource officers and the presidents. Appendix What to Do About Sexual Harassment: If you feel you have been sexually harassed. do not remain silent. Ignoring sexual harassment does not make it go away. Indeed, it may make it worse as the alleged harasser may misinterpret a lack of response as approval of the behavior. There are several things that can be done to stop sexual harassment: Know your rights. Know your rights. Sexual harassment is illegal. Pitzer College has a specific policy prohibiting sexual harassment. Familiarize yourself with this policy. Speak up. If you can. tell the person to stop. State clearly and firmly that you want a particular behavior to cease. This is not a time to be polite or vague. There is a chance that the alleged harasser does not realize that a particular behavior is offensive. If you feel you cannot speak up, talk with one of the resource persons listed in this brochure for further help and guidance. Get information and support. Designated college officials and peer counselors can provide support and advice about Pitzer?s policy and procedures. They can help you understand your options and explore ways of resolving your particular situation. They will review with you the informal and formal procedures available for dealing with issues of sexual harassment. If you choose to file a charge, it Will be investigated by the appropriate designated college official. Sexual harassment peer counselors can assist in informal resolutions which might include any of the following: Write a letter. Many people have successfully stopped sexual harassment by writing a letter to the alleged harasser. The letter includes a factual account of the offending behavior. a description of how the behavior was experienced by the writer and a simple statement that the writer wants that particular behavior to stop. The letter should be polite. low-key and factual. A copy should be kept by the writer. In the unlikely event that the letter fails to achieve its purpose, it could be used as evidence in support of a . Pitzer College 201 1-12 Studer indbook charge or lawsuit. Copies should be sent to no one else. If the letter is to work, it must be a private communication between the persons involved. The recipient of the letter rarely writes back and usually the sexual harassment stops immediately. Participate in a moderated discussion. If you request this (and the other party agrees) a moderated discussion can be set up to assist in resolving the situation. A more structured mediation is also possible. if both parties agree. initiate Informal and/or Formal Resolution. Use these procedures as described in the College?s Sexual Harassment Policy. Keep records or a journal. Save any letters, email. or notes received as they can be helpful if the harassment persists. Record dates. places, times, witnesses and the nature of the harassment- what was said and/ or done. when. and how you responded. What Not to Do Do not blame yourself. Sexual harassment is not something one brings on oneself. Do not delay. Delay in action in cases of sexual harassment only increases the probability that the harassing behavior will continue 00 not hesitate to seek help. Being quiet about sexual harassment enables it to continue. Chances are very good that you are not the only one who has been harassed. Speaking up may prevent others from being harmed. Sexual Harassment, Academic Freedom and Free Speech: Pitzer College is committed to the principles of free inquiry and free expression. Vigorous discussion and debate are fundamental to the College. and this policy is not intended to stifle freedom of expression nor will it be permitted to do so. The College?s statement on academic freedom can be found in the Faculty Handbook at the end of the section on By-laws and Student Governance. Legal Authority: The College has the legal authority to maintain reasonable standards of conduct for members of the college community to promote the goals of the College, which include the maintenance of a working and learning environment free of harassment. In addition. sexual harassment is a form of sex discrimination which is prohibited by Title VII of the Civil Rights Act of 1964, by Title lX of the Education Amendments of l972. and by the California Fair Employment and Housing Act. specifically Government Code Sections I2940 and Pitzer College's Equal Opportunity/ Affirmative Action Policy also prohibits sex discrimination. Gen 1 College Policies 75 Retaliation: Retaliation against persons for opposing practices prohibited by the Fair Employment and Housing Act and Title IX, or for filing a complaint With. or otherwise participating in an investigation, proceeding or hearing conducted by, the Department of Fair Employment and Housing, the Fair Employment and Housing Commission, the US. Equal Employment Opportunity Commission, or the Office of Civil Rights. is prohibited by law. Additional Legal Remedies: in addition to the internal remedies described above. remedies external to the institution are available through the California Department of Fair Employment and Housing, the United States Equal Employment Opportunity Commission. or the Office of Civil Rights, United States Department of Education. For more information. you may contact any of these offices. The addresses and telephone numbers of the of?ces in closest proximity to Claremont are: California Department of Fair Employment and Housing Los Angeles Office 611 West Street. Suite 1510 Los Angeles. CA 90017 800.884.1684 Santa Ana District Office 2101 East 4th Street. Suite 255-8 Santa Ana. CA 92705 800.884.1684 United States Equal Employment Opportunity Commission 255 East Temple, 4th Floor Los Angeles. CA 90012 800.669.4000 Office of Civil Rights, Department of Education 50 Beale Street. Suite 7200 San Francisco. CA 94105 415.486.5555 ocrsanfrancisco@ed.gov Smoking Pitzer has adopted a smoke-free policy which includes all workplaces (including open and closed offices. classrooms and all residence halls); and all enclosed public areas (including the public areas of all the residence halls). Cigarette bins are located 25 feet from the residence halls and enclosed public areas. Soliciting The College does not allow soliciting. promoting, or selling any product or service by anyone from outside the College unless they have written permission from the Office of Student Affairs. Student Records, FERPA in compliance with the federal Family Educational Rights and Privacy Act (FERPA) and the California 76 General College Po. .es Public Information Act. students at Pitzer College are assigned the following rights in regard to education records maintained by the College. 1. Students have the right to inspect and review education records. Education records, which are maintained by offices throughout the College. are defined as records in any format that directly identify the student and are maintained Academic Policies 295 by the various offices of the College. Some records may be administered by additional privacy laws and regulations that supersede FERPA. and, therefore. may not be available under this policy. Requests for the inspection and review of education records must be submitted direct to the custodian of the record, following policy and procedure of the office in whose custody the record is maintained. 2. Students have the right to seek to amend education records. Under FERPA. grades are exempt from this provision. Students with concerns about individual grades are referred to the Dean of Faculty Office. 3. Students have the right to have some control over the disclosure of information from education records. Students may request that the College restrict the release of directory information by submitting a written request to the Registrar's Office. Such restrictions remain in effect until cancelled in writing by the student. 4. In compliance with FERPA, Pitzer College has designated the following items of information as directory information: name and student user name: local and permanent address: local. cell. and permanent phone number; email address; date and place of birth: major field of study; dates of attendance: enrollment status; degrees and awards received: most recent previous institution attended; photographs; participation in officially recognized activities and sports; and the height and weight of members of athletic teams. Directory information is defined as information that would not generally be considered harmful or an invasion of privacy if released. Unless restricted by the written request of a student. the College may release directory information without the prior consent of a student. Directory information required for course or classroom participation in courses may not be withheld from faculty and students connected with the particular course. Information that is not directory information is non-directory information and. unless excepted by FERPA. requires the prior written consent of the student for release. Further details and a full description of student records privacy IS Pitzer Collt 201 1 ~12 Student Handbook available from the Registrar?s Office and in the Office of Student Affairs. Student Records, Rights of Students Right to Inspect: Students have the right to review and inspect all of the education rec0rds maintained by Pitzer College. Right to Prevent Disclosures: Students have the right to prevent disclosure of personally identifiable information contained in their education records to third parties and with certain exceptions allowed by law. Right to Request Amendment: Students have the right to seek to have corrected any parts of an education record which they believe to be inaccurate, misleading or otherwise in violation of their rights. Students with Disabilities Pitzer College complies with Section 504 of the Rehabilitation Act of 1973 as amended. the Americans with Disabilities Act of 1990 as amended. and other applicable state and federal law prohibiting discrimination against individuals with disabilities. Any admitted student. seeking adjustments to his/ her residential and/or academic environment or program based on a physical or learning disability. should make arrangements to speak with the Associate Dean of Students or his/her designee by the third week of each semester. The student should submit to the Associate Dean of Students recent (within three years) medical testing, which documents the disability. as well as specific recommendations regarding accommodation from appropriate medical and/or therapeutic personnel. (While referrals are available there is no learning disability testing service at The Claremont Colleges.) Also of interest to the Associate Dean of Students would be information regarding the manner in which the disability was accommodated at the student's previous academic institutions. Based on the information provided. the Associate Dean of Students will utilize the resources available at The Claremont Colleges (the Faculty. Student Health Services. Student Counseling Center. and the Pitzer Office of Academic Support) to determine the accommodations for each individual. Since each request is handled on a case- by-case basis. there is no ?typical? response. However. if appropriate. Pitzer College is prepared to modify residence hall rooms, provide technological assistance and ask faculty to adjust assignment/ examination specifications to meet the needs of disabled students. However, the College is not prepared to modify academic requirements. which are essential components of a Pitzer degree. Page 406 of 985 Withheld pursuant to exemption of the Freedom of Information and Privacy Ad Page 407 of 985 Withheld pursuant to exemption of the Freedom of Information and Privacy Ad Page 408 of 985 Withheld pursuant to exemption of the Freedom of Information and Privacy Ad Page 409 of 985 Withheld pursuant to exemption of the Freedom of Information and Privacy Ad Page 410 of 985 Withheld pursuant to exemption of the Freedom of Information and Privacy Ad Page 411 of 985 Withheld pursuant to exemption 0f the Freedom Of Information and Privacy Ad Page 412 of 985 Withheld pursuant to exemption of the Freedom of Information and Privacy Ad Page 413 of 985 Withheld pursuant to exemption of the Freedom of Information and Privacy Ad Page 414 of 985 Withheld pursuant to exemption of the Freedom of Information and Privacy Ad Page 415 of 985 Withheld pursuant to exemption of the Freedom of Information and Privacy Ad Page 416 of 985 Withheld pursuant to exemption 0f the Freedom Of Information and Privacy Ad Page 417 of 985 Withheld pursuant to exemption 0f the Freedom Of Information and Privacy Ad Page 418 of 985 Withheld pursuant to exemption 0f the Freedom Of Information and Privacy Ad Page 419 of 985 Withheld pursuant to exemption 0f the Freedom Of Information and Privacy Ad Page 420 of 985 Withheld pursuant to exemption 0f the Freedom Of Information and Privacy Ad Page 421 of 985 Withheld pursuant to exemption 0f the Freedom Of Information and Privacy Ad Page 422 of 985 Withheld pursuant to exemption 0f the Freedom Of Information and Privacy Ad Page 423 of 985 Withheld pursuant to exemption 0f the Freedom Of Information and Privacy Ad Page 424 of 985 Withheld pursuant to exemption 0f the Freedom Of Information and Privacy Ad Page 425 of 985 Withheld pursuant to exemption 0f the Freedom Of Information and Privacy Ad Page 426 of 985 Withheld pursuant to exemption 0f the Freedom Of Information and Privacy Ad Page 427 of 985 Withheld pursuant to exemption 0f the Freedom Of Information and Privacy Ad Page 428 of 985 Withheld pursuant to exemption 0f the Freedom Of Information and Privacy Ad Page 429 of 985 Withheld pursuant to exemption 0f the Freedom Of Information and Privacy Ad Page 430 of 985 Withheld pursuant to exemption 0f the Freedom Of Information and Privacy Ad Page 431 of 985 Withheld pursuant to exemption 0f the Freedom Of Information and Privacy Ad Page 432 of 985 Withheld pursuant to exemption 0f the Freedom Of Information and Privacy Ad Page 433 of 985 Withheld pursuant to exemption 0f the Freedom Of Information and Privacy Ad Page 434 of 985 Withheld pursuant to exemption 0f the Freedom Of Information and Privacy Ad Page 435 of 985 Withheld pursuant to exemption 0f the Freedom Of Information and Privacy Ad Page 436 of 985 Withheld pursuant to exemption of the Freedom of Information and Privacy Ad Page 437 of 985 Withheld pursuant to exemption of the Freedom of Information and Privacy Ad Indian Wells (760) 568-2611 Irvine (949) 2632600 Los Angeles (213) 617-8100 Ontario (909) 989-8584 Arlene Prater (619) 525-1334 arlene.prater@bbklaw.com File No. 1542000006 VIA FEDEX Gemini McCasland 1331? BEST BEST KRIEGER 3 ATTORNEYS AT 655 West Broadway. 15?" Floor, San Diego. CA 92101 Phone: (619) 525-1300 Fax: (619) 233-6118 April 27, 2012 United States Department 01' Education Of?ce ol'Civil Rights 50 Beale Street, Suite 7200 San Francisco. California 94105 Dear Ms. McCasland: Pitzer College Complaint ol' OCR Case No. 09-12-2151 US. Dept of Education APR 3 0 2012 Office for Civil Rights San Francisco Office RiverSIde (951) 686-1450 Sacramento (916) 325-4000 Walnut Creek (925) 977-3300 Washington. DC (202) 785-0600 We represent Pitzcr College in the above-referenced matter. We would like to request an extension of time to provide the information requested and Pitzcr College?s response to the complaint. According to the Of?ce ol?Civil Rights" April 19. 2012 letter, the College?s response and the information requested is due on May 3. 2012. However. the College did not receive the letter until April 25. 2012. Because 01' the complexity of the issues and time constraints on me and my clients (particularly for the as this is the last few weeks 01? the semester and graduation is on May 12). we request an additional two weeks to respond to the charge. making the response due on May 17. 2012. Please advise il? you are not agreeable to this extension. Thank you for your attention to this request and if you have any questions. please contact 1110. AP mp cc: Vice President for Student Affairs. Pitzcr College Very truly yours. Wm: Prater ot?BliS'l? BliS'l? KRlliGliR l,l,P STAT ES DEPARTMENT OF OFFICE i\ . April 19, 2012 Laura Skandera Trombley, President Pitzer College Broad Center, 2nd Floor 1050 North Mills Avenue Claremont, California 91711 (In reply, please refer to case no. 09-12-2151) Dear President Trombley: By letter dated March 29, 2012, the US. Department of Educatii-n, Office for Civil Rights (OCR), informed you of a complaint filed by (cc nplainant) against Pitzer College alleging discrimination on the basis or sex. lhe letter described the allegations and jurisdictional authority over the complaint. To facilitate resolution of this complaint, please provide the informatiu in described in the enclosed Data Request by May 3, 2012. Your full and complete response will assist OCR as it prepares to :onduct interviews and to interpret evidence received from others. right of access to this information is found at 34 C.F.R. section Please note that consideration 3 of confidentiality are not a bar to OCR obtaining requested information under section 1 Your cooperation is appreciated. if you have questions about letter, you may contact Gemini McCasland, the attorney assigned to this case, at 415 486-5536. Sincerely, if!? i Dorothy Elly Team Leader Enclosure o! l?tlul Mimi?s ntf?iNit?Il is 'Wz'tmwh- studt?nl (it hicx't?ntt'rti anti :?rr't'l?iiraiwit six? mm? m? liNlt-ringi-glzitaliunal tint-xx. . ., US. Department of Education Office for Civil Rights Data Request Pitzer College 09-12-2151 Please provide the following: 1. The name, title, address and telephone number of the persor responsible for coordinating the College?s compliance with Title lX and its implementing regulation, which prohibit discrimination on the basis of sex. i such identity and contact information is disseminated to students, then include an explanation of how this is done. . The College's policy addressing discrimination, including ha?assment, against students on the basis of sex; an explanation of how the poli :y is publicized or disseminated to students, faculty, staff, and administrators and any written notices about the policy. The name, title and telephone number of the person(s responsible for implementation of the policy mentioned in Item 2 that elates to sexual harassment of students. - The College?s grievance or complaint procedure available to tudents who wish to file a complaint of sexual harassment; an explanation of ho' the procedure is publicized or disseminated to students; and any written notices to students about the procedure. If different procedures cover complaints of sexual harassment filed by a student against another student, faculty member, administrator, or staff person, please include this information for each proced ire. If different procedures cover complaints that involve sexual violence. ease also include this information for each procedure. The name, title and telephone number of the person(s responsible for investigation and resolution of complaints filed by a student or )arent under each procedure mentioned in Item 4, and a description of any )ecialized training provided regarding this responsibility. Documentation of any complaints made to the College by the i omplainant or her parents alleging sexual harassment or sexual violenci', including any correspondence, investigative notes, records of contact, repo ts of findings and the like. If no such documentation exists, provide a written description of the grievance filed by the complainant or her parents, if any, and the College?s response. Page 2 (Data Request: 09-12-2151) 7. A copy.of any agreement between the complainant, alleged fender, and/or the College to resolve any complaint made by the complaina wt or her parents concerning an incident in September 2011. 8. A description of any proactive steps the College has taken fro the beginning of the 2011-12 school year through the date of this data reques to prevent sexual harassment, including sexual violence, against its students. 9. The name, job title and contact information of the individual the College has designated to be contact for investigating this complain 10.Any other information that the College believes relevant to this somplaint. UNITED STATES DEPARTMENT OF EDUCATION REGION ,x OFFICE FOR CIVIL RIGHTS CALIFORNIA 50 BEALE SIX, SUITE 7200 SAN FRANCISCO, CA 94105 March 29, 2012 Laura Skandera Trombley, President Pitzer College Broad Center, 2nd Floor 1050 North Mills Avenue Claremont, California 91711 (In reply, please refer to case no. 09-12-2151.) Dear President Trombley: On March 19, 2012, the US. Department of Education, Office for Civil iai?tfs received a complaint against Pitzer College (Recipient). The Complainant, (bx alleges discrimination on the basis of sex. OCR currently understands the allegations to be: 1. a student sexually assaulted the Complainant on 2011, and that the Recipient failed to respond appropriately and effectively to notice of the sexualassau?; 2. the ReCipient failewxm made, starting or I her; equater to internal complaints the Complainant 2011, stating that a student sexually assaulted 3. other students retaliated against the Complainant by ostracizing her after she filed complaints alleging a student sexually assaulted her; and 4. the Recipient failed to respond adequately to internal complaints the Complainant made, stating that other students retaliated against her by ostracizing her after she ?led complaints alleging a student sexually assaulted her. We have determined that the allegation(s) stated above is/are appropriate for investigation under the laws enforced by OCR. OCR will proceed with resolution of the complaint. OCR enforces Title VI of the Civil Rights Act of 1964, Title IX of the Education Amendments of 1972, Section 504 of the Rehabilitation Act of 1973, and the Age Discrimination Act of 1975. These laws prohibit discrimination on the basis of race, color, national origin, sex, disability and age in programs and activities operated by recipients of Federal financial assistance. Additionally, OCR enforces the Boy Scouts of America Equal Access Act, which addresses equal access to school facilities and The Department of Education's mission is to promote student achievement and preparation for global competitiveness by fostering educational excellence and ensuring equal access. . gov Page 2 (09-12?21 51) certain other youth groups. The Recipient receives funds from the Department and is subject to theabove laws and their regulations as enforced by OCR. Because OCR has determined that it has jurisdiction and that the complaint was filed timely or qualified for a waiver of the timeliness requirement, it is opening these allegations for investigation. Please note that opening the allegations for investigation in no way implies that OCR has made a determination with regard to their merits. During the investigation, OCR is a neutral fact-finder, collecting and analyzing relevant evidence from the complainant, the recipient, and other sources, as appropriate. OCR will ensure that its investigation is legally sufficient and is dispositive of the allegations. in accordance with the provisions of Article of the Case Processing Manual. Enclosed is a copy of The OCR Case Processing Procedures. We will contact you or your designated representative soon to discuss the allegations and complaint resolution process. OCR may close this complaint prior to making formal findings of compliance or non-compliance, provided that the circumstances or information gathered establishes an administrative or other basis for resolution in accordance with the Case Processing Manual. OCR routinely advises recipients of Federal funds and public education entities that Federal regulations prohibit intimidation, harassment or retaliation against those filing complaints with OCR and those participating in the complaint resolution process. Complainants and participants who feel that such actions have occurred may file a separate complaint with OCR. Under the Freedom of Information Act, it may be necessary to release this document and related records upon request. In the event that OCR receives such a request, it will seek to protect, to the extent provided by law, personal information that, if released, could reasonably be expected to constitute an unwarranted invasion of privacy. Your cooperation is appreciated. If you have any questions please contact our office at 415-486-5555.. Si erely, Charles R. Love Program Manager Enclosure I UNITED STATES DEPARTMENT OF EDUCATION OFFICE FOR CIVIL RIGHTS ?31755?? ?r?a?gk a a '4 REGION IX CALIFORNIA 5O BEALE ST., SUITE 7200 SAN FRANCISCO, CA 94105 FEB 0 4 2014 Laura Skandera Trombley, President Pitzer College Broad Center, 2nd Floor 1050 North Mills Avenue Claremont, California 91711 (In reply, please refer to Case No. Dear Dr. Trombley: On March 28, 2013, Pitzer College voluntarily signed an Agreement to Resolve, before the conclusion of the investigation, resolving the allegations in the above-referenced complaint with the US. Department of Education, Office for Civil Rights (OCR). The complaint stated that the College discriminated against the Complainant based on sex. Specifically the Complainant alleged that the College failed to respond adequately to internal complaints she made stating that a male student sexually assaulted her. In addition, the complaint alleged that the College failed to respond adequately to an internal complaint the Complainant made stating that other students retaliated against her by ostracizing her after she filed the sexual assault complaint. In accordance with the Agreement, the College completed the following provisions: Revisions to its Sexual Harassment Policy and Procedures and Code of Student Conduct which are included in the 2013-14 Student Handbook, the College?s website, and staff policy. Notice and distribution of revised Sexual Harassment Policy and Procedures and Code of Student Conduct to faculty, staff, and students through an email and printed and on-line newsletters in the fall 2013. Review of revised Sexual Harassment Policy and Procedures and Code of Student Conduct with relevant staff, including residence hall advisors, during the fall 2013 orientation. Information to students at the fall 2013 orientation about the policy prohibiting retaliation against other students who attempt to assert a right protected by the federal civil rights laws, or cooperate in any mediation, investigation, hearing, or other part of a discrimination investigation, conciliation or enforcement process. The information included a definition of retaliation as intimidating, threatening, coercing, or harassing any other student. During the monitoring phase, the College provided information to OCR in several reports to document its progress implementing the Agreement. OCR has reviewed the The Department of Education's mission is to promote student achievement and preparation for global competitiveness by fostering educational excellence and ensuring equal access. gov Page 2 (09-12-2151) reports and determined that the College has ful?lled the terms of the Agreement. OCR is, therefore, closing the monitoring phase of this case as of the date of this letter. OCR also has noti?ed the complainant by copy of this letter. As a matter of technical assistance, OCR would like to note the following: April 2011 Dear Colleague Letter1 on sexual violence describes the elements that should be included in procedures for the resolution of complaints alleging sexual harassment and assault to ensure compliance with Title IX. The letter emphasizes that, if a student conduct proceeding is used to resolve such complaints, the complainant must be accorded, at minimum, the same rights as those granted to the accused. The College?s current Code of Student Conduct as applied in sexual assault cases is consistent with this requirement in most respects. However, OCR recommends that the College add the following speci?c rights for the complainant to the Code of Student Conduct in cases of sexual assault: notice that the respondent has elected an administrative review in lieu of a judicial hearing and written notice of the results of the administrative review; notice that the accused student has elected an administrative sanction, an opportunity for input into the sanction and the right to appeal the sanction; access to written statements during a judicial review, and noti?cation if the accused student appeals a decision. (The last element should also be added to the Sexual Harassment Procedures.) OCR recommends that the College make these additional changes to ensure full compliance with Title IX. 0 review in this case was limited to the College?s sexual harassment and assault complaint procedures. The College should be aware that the same principles described above with regard to the rights of a complainant would also be applicable in student conduct proceedings to address other types of discrimination, for example peer harassment on the basis of race or disability. This letter sets forth determination in an individual OCR case. This letter is not a formal statement of OCR policy and should not be relied upon, cited, or construed as such. formal policy statements are approved by a duly authorized OCR of?cial and made available to the public. 1 The Letter can be found at OCR is enclosing a copy of the letter for the College?s convenience. Page 2 (09-12-2151) OCR wishes to thank the College for its assistance throughout this phase of the case. If you have any questions, please contact Gemini McCasland, Attorney, at (415) 486- 5536. Arthur Zeidman Director San Francisco Enforcement Of?ce cc: Complainant Arlene Prater, Esq. Best Best Krieger LLP McCasland, Gemini From: Arlene Prater Sent: Tuesday, December 17, 2013 1:52 PM To: McCasland, Gemini Cc: Arlene Prater Subject: FW: OCR/Pitzer College - Revised Policies for OCR Agreement Attachments: 20131216163616.pdf Ms. McCasland. The revision you requested in your email below has been made. The requested language is now found on pages 61 and l02 of the handbook as published online: lite/deYStudent Handbookpdf. A copy of those two pages is attached for your easy reference. I trust this will now close the matter and we look forward to receiving your continuation. Thanks. Arlene Arlene Prater Best Best Krieger LLP 655 West Broadway, 15'" Floor San Diego, CA 92101-3301 (619) 525-1334 Office (619) 233-6118 Fax arlene. grater@bbklaw.com From: McCasland, Gemini Sent: Monday, December 02, 2013 5:26 PM To: Arlene Prater Subject: RE: OCR/Pitzer College - Revised Policies for OCR Agreement Ms. Prater, ln reference to Pitzer College?s compliance with the Agreement it signed with OCR, I noticed that the Code of Student Conduct still does not contain the provision in the Agreement referring to individual remedies for the student who complains of sexual assault. You may recall that I asked you about it back in August in the email below. It looks like the College added it to the Sexual Harassment Policy but not to the Student Code of Conduct, as required by the Agreement. It?s important that it be in the conduct code specifically. Judicial council members who handle student discipline frequently do not understand that they are responsible for issuing individual remedies in addition to sanctions. Also, since sexual assault specifically isn?t covered by the Sexual Harassment Policy, those involved in sexual assault cases, including possibly the complainant, would not be looking at that policy and the appendix. Please let me know if the College can add this to the Student Code of Conduct by December 17. Thank you for your assistance in bringing this matter to a close. Gemini J. McCasland Attorney US. Department of Education Office for Civil Rights 50 Beale Street, Suite 7200 San Francisco, California 94105 (415) 4866536 Direct (415) 486?5570 Facsimile ggmini.mccasland@ed.gov Code of Student Conduct 61 unaware, or physically helpless. Individuals may not engage in sexual activity with another who is physically incapacitated. A person is unable to give effective consent when they lack the ability to determine that a situation is sexual, and/or cannot rationally appreciate the nature and extent of that situation. A minor is never capable of giving effective consent. Silence. previous sexual relationships and/or current relationship with the respondent (or anyone else) may not be taken to imply consent. A person who is subjected to physical or sexual aggression is not required to actively resist. Intentional use of alcohol/drugs by the respondent is not a reason and/or an excuse for violation of the Student Code of Conduct. in addition to offering counseling and academic support, the College provides assistance to students who believe they have been sexually harassed by 0 Separating the individual who engaged in the harassment and the target of the harassment. provided that such steps avoid or minimize to the extent possible any burden on the target; Informing the target of the harassment how to report any subsequent problems, including retaliation; 0 Conducting follow-up inquiries to determine whether there have been any new incidents of harassment or any instances of retaliation against the harassed student or any witnesses. and responding and appropriately to address continuing or new instances; and Providing training, or other interventions for the larger school community to ensure that all students. and school staff can recognize harassment if it recurs and know how to respond.? E. Misuse. theft, or abuse of College computer time or accounts. Violations of College computer policy will be heard as normal disciplinary or judicial proceedings. F. Violating College policies and relevant laws deseribed in the Student Handbook, including but not limited to policies on: Alcoholic beverages: See the College Alcohol and Drug Policy section of this handbook and the section on state and local alcohol laws. Students are always encouraged to seek immediate and appropriate assistance and medical attention in alcohol or other drug related emergencies. Students that experience an alcohol and/or other drug related hospitalization will not be subject to punitive measures; this does not preclude educational or rehabilitative measures. Students who appropriately and cooperatively assist another student in receiving medical attention will not be subject to disciplinary proceedings for their actions. Illegal drugs: See College Alcohol and Drug Policy section of this handbook and the section on state and local drug laws. Sexual harassment: See Sexual Harassment Policy and Procedures section of this Code. Sexual assault: See Claremont Colleges lntercampus Sexual Assault Policy Statement as well as section of this Code. 102 General College Policies Retaliation against persons for opposing practices prohibited by the Fair Employment and Housing Act and Title lX. or for ?ling a complaint with. or otherwise participating in an investigation, proceeding or hearing conducted by. the Department of Fair Employment and Housing, the Fair Employment and Housing Commission, the US. Equal Employment Opportunity Commission. or the Of?ce of Civil Rights. is prohibited by law. Other Campus Assistance: in addition to offering counseling and academic support. the College provides assistance to students who believe they have been sexually harassed by 0 Separating the individual who engaged in the harassment and the target of the harassment. provided that such steps avoid or minimize to the extent possible any burden on the target; - Informing the target of the harassment how to report any subsequent problems. including retaliation; - Conducting follow-up inquiries to determine whether there have been any new incidents of harassment or any instances of retaliation against the harassed student or any witnesses. and responding and appropriately to address continuing or new instances; and 0 Providing training. or other interventions for the larger school community to ensure that all students. and school staff can recognize harassment if it recurs and know how to respond.? Additional Legal Remedies: In addition to the internal remedies described above. remedies external to the institution are available through the California Department of Fair Employment and Housing, the United States Equal Employment Opportunity Commission. or the Of?ce of Civil Rights. United States Department of Education. For more information. you may contact any of these of?ces. The addresses and telephone numbers of the of?ces in closest proximity to Claremont are: California Department of Fair Employment and Housing Los Angeles Of?ce 611 West Street. Suite 1510 Los Angeles. CA 90017 800.884.1684 Santa Ana District Of?ce 2101 East 4th Street. Suite 255-B Santa Ana. CA 92705 800.884.1684 United States Equal Employment Opportunity Commission 255 East Temple. 4th Floor Los Angeles. CA 90012 800.669.4000 McCasland, Gemini From: McCasland, Gemini Sent: Tuesday, October 29, 2013 3:37 PM To: 'Arlene Prater' Subject: RE: Pitzer College Adoption, Implementation 8t Notice of Procedures Ms. Prater, Thank you for providing this update regarding Pitzer College?s actions. Please clarify what you meant in the first bullet concerning notice to faculty and staff. It sounds as though they have received notice via email and the College will revise the Procedures in the faculty handbook by November 25. Please confirm if my understanding is correct. In addition, please send a link to the revised Procedures from the website, a copy of the emails sent to faculty, staff and students, and the revised Student Handbook. Gemini J. McCasland Attorney US. Department of Education Office for Civil Rights 50 Beale Street, Suite 7200 San Francisco, California 94105 (415) 486-5536 Direct (415) 486?5570 Facsimile gemini.mccasland@ed.gov From: Arlene Prater Sent: Friday, October 25, 2013 1:58 PM To: McCasland, Gemini Cc: Arlene Prater Subject: RE: Pitzer College - Adoption, Implementation Notice of Procedures Ms. McCasland, I thought had sent you this information already, but I see that I did not. My apologies. This is to confirm that Pitzer College has taken the following actions: Pitzer College adopted and implemented the revised Sexual Harassment and Code of Student Conduct Procedures, and written notice regarding Procedures with information on how to obtain copies was provided to all faculty, staff and students as follows: 0 Notice was made through the College?s website, e-mail to faculty, staff and students and regularly issued newsletters (in print or on-line), and revision of the Student Handbook. Students were informed of the revised policy. Staff and Faculty will meet the November 25 deadline. The staff policy is updated and available online. Faculty voted to approve the revised policy but it needs to go to College Council as the ?nal to put it in the faculty handbook. Pitzer College provided training and information to new students during fall 2013 orientation as follows: 0 Pitzer Col lege provided training to relevant staff, including residence hall advisors, on the revisions to the Sexual Harassment and Code of Student Conduct Procedures. and the College?s responsibility to respond adequately to student complaints alleging retaliation for reporting discrimination to the College. Additional training of the resident hall advisor staff will continue as part of an ongoing effort to educate students on the ollege?s policies regarding the reporting of alleged harassment, discrimination and retaliation. 1 PITZER COLLEGE 09-12-2151 IMPLEMENTATION SUMMARY OF 302 AGREEMENT PROVISION DUE COMPLETION Sent OCR revised Sexual Harassment Procedures which included: 5/2/13 ?r a reasonable timeframe for issuance of the vice president?s 4/30/13 determination on sexual harassment complaints. 'r a statement that the notice to the complainant of the vice president?s determination on a sexual harassment complaint should include at a minimum a statement of the allegations investigated, a description of the investigative steps, a summary of the facts, the basis for the determination, and information concerning the actions to be taken to remedy any harm if discrimination is found. ?r a prohibition of retaliation against any person who reports alleged discrimination including sexual harassment or participates in related proceedings at the College. 'r clarification that complaints of sexual harassment filed by a student against another student are handled under the procedures and that complaints of sexual assault ?led by a student against another student are handled through the Code of Student Conduct Procedures. Sent OCR revised Code of Student Conduct Procedures which 9/25/13 included: 4/30/13 "r statement that the Judicial Council will identify individual remedies for the student who complains of sexual assault if it is found to have occurred, with examples of the types of remedies available and an assurance that the College will offer counseling and academic support services to any person found to have been subjected to sexual assault. ?r written notification of the Judicial Council's decision provided to the complainant, which will include a statement of the allegations investigated, a description of the investigative steps, a summary of the facts, the basis for the determination, and information concerning the remedies for the complainant if sexual assault it is found to have occurred. 7 a description of the process that a complainant can use to appeal the decision of the Judicial Council. Sent OCR confirmation that the College adopted and implemented the revised Sexual Harassment and Code of Student Conduct Procedures, and written notice regarding Procedures with information on how to obtain copies was provided to all faculty, staff and students. ?r The notice was made through the College?s website, email to faculty, staff and students and regularly issued newsletters (in print or on-Iine), and revision of the Student Handbook. 10/25/13 10/25/13 Sent OCR written report describing and documenting the training and actions the College took to provide information to new students during the fall 2013 orientation. provided training to relevant staff, including residence hall advisors, on the revisions to the Sexual Harassment and Code of Student Conduct Procedures, and the College?s responsibility to respond adequately to student complaints alleging retaliation for reporting discrimination to the College. 11/25/13 10/25/13 'r during new student orientation, provided information about the policy prohibiting retaliation against other students who attempt to assert a right protected by the federal civil rights laws, or cooperate in any mediation, investigation, hearing or other part of the discrimination, investigation, conciliation or enforcement process. The information included a definition of retaliation as intimidating, threatening, coercing, or harassing any other student. Li, Nancy From: McCasland, Gemini Sent: Wednesday, September 25, 2013 12:55 PM To: Li, Nancy Subject: FW: OCR/Pitzer College - Revised Policies for OCR Agreement From: McCasland, Gemini Sent: Wednesday, September 25, 2013 12:54 PM To: 'Arlene Prater' Subject: RE: OCR/Pitzer College - Revised Policies for OCR Agreement Ms. Prater, Thank you for providing this monitoring report today. The list I included served as examples of what could be part of the list of individual remedies. What you have listed below is sufficient. As stated previously, the revisions to the Sexual Harassment Procedures were satisfied back in May. The following remaining provisions to complete the Agreement are due by October 25 and November 25, respectively: Within 30 calendar days of OCR's approval of revised Procedures, send OCR confirmation that the College adopted and implemented the revised Sexual Harassment and Code of Student Conduct Procedures, and written notice regarding Procedures with information on how to obtain copies was provided to all faculty, staff and students. The notice was made through the College's website, email to faculty, staff and students and regularly issued newsletters (in print or on-line), and revision of the Student Handbook. Within 60 days of OCR approval of Procedures or after 9/30/13, whichever date is later, send OCR written report describing and documenting the training and actions the College took to provide information to new students during the fall 2013 orientation. 'r provided training to relevant staff, including residence hall advisors, on the revisions to the Sexual Harassment and Code of Student Conduct Procedures, and the College?s responsibility to respond adequately to student complaints alleging retaliation for reporting discrimination to the College. "r during new student orientation, provided information about the policy prohibiting retaliation against other students who attempt to assert a right protected by the federal civil rights laws, or cooperate in any mediation, investigation, hearing or other part of the discrimination, investigation, conciliation or enforcement process. The information included a definition of retaliation as intimidating, threatening, coercing, or harassing any other student. Gemini J. McCasland Attorney US. Department of Education Office for Civil Rights 50 Beale Street, Suite 7200 San Francisco, California 94105 (415)486-5536 Direct (415) 486-5570 Facsimile From: Arlene Prater Sent: Wednesday, September 25, 2013 9:49 AM To: McCasland, Gemini Cc: Arlene Prater Subject: OCR/Pitzer College - Revised Policies for OCR Agreement Ms. McCasland. in response to your email below, Pitzer agrees to make the following addition to it Sexual Harassment Policy. In the Appendix between the section on retaliation and the section on additional legal remedies, Pitzer will add a new section on other campus assistance as follows: ?Other Campus Assistance: In addition to offering counseling and academic support. the College provides assistance to students who believe they have been sexually harassed by 0 Separating the individual who engaged in the harassment and the target ol?the harassment, provided that such steps avoid or minimize to the extent possible any burden on the target; - Informing the target of the harassment how to report any subsequent problems. including retaliation; 0 Conducting follow-up inquiries to determine whether there have been any new incidents of harassment or any instances of retaliation against the harassed student or any witnesses, and responding and appropriately to address continuing or new instances; and 0 Providing training, or other interventions for the larger school community to ensure that all students. and school staff can recognize harassment if it recurs and know how to respond." Pitzer cannot agree to your request that parents be notified without the consent of students who are over age 18. as that would violate the requirements of FERPA. Pitzer will also not agree to doing climate surveys. As we indicated in the past as to climate surveys, we do not believe that they are warranted in this situation and for the very minor revisions that OCR wanted Pitzer to make. Please let me know as soon as possible ifthis will now resolve the matter and if Pitzer is in full compliance with the Agreement. Thank you and please let me know if you have any questions. Arlene Arlene Prater Best Best Krieger LLP 655 West Broadway, 15'" Floor San Diego, CA 92101-3301 (619) 525-1334 Of?ce (619)233?6118 Fax arlene.prater@bbklaw.com From: McCasland, Gemini Sent: Monday, September 23, 2013 8:36 AM To: Arlene Prater Subject: RE: College - Revised Policies for OCR Agreement Ok, thanks for letting me know. Gemini J. McCasland Attorney US. Department of Education Office for Civil Rights 50 Beale Street, Suite 7200 San Francisco, California 94105 (415) 486-5536 Direct (415) 486?5570 Facsimile gemini.mccasland@ed.gov From: Arlene Prater Sent: Thursday, September 19, 2013 2:11 PM To: McCasland, Gemini Cc: Arlene Prater Subject: RE: OCR/Pitzer College - Revised Policies for OCR Agreement Sorry. but I do need additional time on this. I was away and did not follow-up as as I should have. I expect to have a response to you early next week. Thanks. Arlene Arlene Prater Best Best Krieger LLP 655 West Broadway, 15th Floor San Diego, CA 92101-3301 (619) 525-1334 Office (619) 233-6118 Fax arlene.prater@bbklaw.com From: McCasIand, Gemini Sent: Thursday, September 19, 2013 1:34 PM To: Arlene Prater Subject: FW: OCR/Pitzer College - Revised Policies for OCR Agreement Ms. Prater, Please let me know if you?ll be able to send Pitzer College's revised Code of Student Conduct Procedures today or if you need additional time. Thank you, Gemini J. McCasIand Attorney U.S. Department of Education Office for Civil Rights 50 Beale Street, Suite 7200 San Francisco, California 94105 (415) 486-5536 Direct (415) 486-5570 Facsimile ggnini.mccasland@ed.gov From: McCasIand, Gemini Sent: Friday, August 23, 2013 5:30 PM To: 'Arlene Prater' Subject: RE: OCR/Finer College Revised Policies for OCR Agreement Ms. Prater, Thank you for your response last month concerning the Code of Student Conduct. The sanctions listed under Section pertain to the individual who engaged in the harassment. The provision in the Agreement referred to individual remedies for the student who complains of sexual assault. In addition to offering counseling and academic support, other examples could include the following: 1. Separating the individual who engaged in the harassment and the target of the harassment, provided that such steps avoid or minimize to the extent possible any burden on the target; 2. Informing the target of the discrimination and his or her family of how to report any subsequent problems, including retaliation; 3. Conducting follow-up inquiries to determine whether there have been any new incidents of harassment or any instances of retaliation against the harassed student or any witnesses, and responding and appropriately to address continuing or new instances; and 4. Training, climate surveys or other interventions for the larger school community to ensure that all students, their families, and school staff can recognize discrimination/harassment if it recurs and know how to respond. Please include further remedies for the target of harassment to the Code of Student Conduct Procedures by September 19. If you have any questions, I will be in the office on Monday and Tuesday, and then out of the office until September 10. Thank you, Gemini J. McCasland Attorney US. Department of Education Office for Civil Rights 50 Beale Street, Suite 7200 San Francisco, California 94105 (415) 486?5536 Direct (415) 486-5570 Facsimile gemini.mccasland@ed.gov From: Arlene Prater Sent: Monday, July 08, 2013 3:21 PM To: McCasland, Gemini Cc: Arlene Prater Subject: RE: OCR/Pitzer College - Revised Policies for OCR Agreement Ms. McCasland. The language requested in your June 28 email below, is already included in the Code of Student Conduct emailed to you on May 2. The Code of Student Conduct already included a long list of potential remedies available (see Code Section Vll.D.5) and the new language therefore only needed to add the counseling and academic support for all the parties. We see no need to repeat what is already included. Thank you. Arlene In sexual offense charges only, both the respondent and the complainant will receive written notification of the allegations investigated, a description of the investigative steps that were conducted, a summary of the facts of the matter. the basis for the determination, and remedial actions that will be required if the respondent was found responsible for violating the policy. Furthermore, the College will offer counseling services and academic support to all parties involved. Arlene Prater Best Best Krieger LLP 655 West Broadway, 15'" Floor San Diego, CA 92101 ~3301 (619) 525-1334 Office (619) 233-6118 Fax arlene.prater@bbklaw.com From: McCasland, Gemini [mailto:Gemini.McCasland ed. 0v] Sent: Friday, June 28, 2013 4:14 PM To: Arlene Prater Subject: RE: OCR/Pitzer College - Revised Policies for OCR Agreement Ms. Prater, Thank you for providing OCR with Pitzer College?s revised procedures. There is one provision that needs to be added. Please make the following addition to the Code of Student Conduct Procedures by July 10. - A statement that the Judicial Council will identify individual remedies for the student who complains of sexual assault if it is found to have occurred, with examples of the types of remedies available. The College?s revised Sexual Harassment Policy and Procedures satisfies all the provisions in the Agreement. I?m available by phone if you'd like to discuss the item above. On Monday, I?m only available in the late afternoon. Gemini J. McCasland Attorney US. Department of Education Office for Civil Rights 50 Beale Street, Suite 7200 San Francisco, California 94105 (415) 486-5536 Direct (415) 486-5570 Facsimile From: Arlene Prater Sent: Thursday, May 02, 2013 12:04 PM To: McCasland, Gemini Cc: Arlene Prater Subject: OCR/Pitzer College - Revised Policies for OCR Agreement Ms. McCasland, Attached are the revised policies per the OCR resolution agreement. I believe we have complied with everything you have requested. The additions are in red text. The section of the agreement that it pertains to is in red text and highlighted in yellow. Please let me know if you have any questions about these revisions. Thank you. Arlene Arlene Prater Best Best Krieger LLP 655 West Broadway, 15th Floor San Diego, CA 92101-3301 (619) 525-1334 Office (619) 233-6118 Fax arlene.prater@bbklaw.com IRS CIRCULAR 230 NOTICE: To ensure compliance with requirements imposed by the IRS, we inform you that any US. tax advice contained in this communication (or in any attachment) is not intended or written to be used, and cannot be used, for the purpose ol?(i) avoiding penalties under the Internal Revenue Code or (ii) promoting, marketing or recommending to another party any transaction or matter addressed in this communication (or in any attachment). This email and any ?les or attachments transmitted with it may contain privileged or otherwise confidential information. I you are not the intended recipient. or believe that you may have received this communication in error, please advise the sender via reply email and immediately delete the email you received. McCasland, Gemini From: Arlene Prater Sent: Friday, October 25, 2013 1:58 PM To: McCasland, Gemini Cc: Arlene Prater Subject: RE: Pitzer College - Adoption, Implementation Notice of Procedures Ms. McCasland. I thought had sent you this information already. but I see that I did not. My apologies. This is to con?rm that Pitzer College has taken the following actions: Pitzer College adopted and implemented the revised Sexual Harassment and Code of Student Conduct Procedures, and written notice regarding Procedures with information on how to obtain copies was provided to all faculty. staff and students as follows: 0 Notice was made through the College?s website, email to faculty, staff and students and regularly issued newsletters (in print or on-line), and revision of the Student Handbook. Students were infomied of the revised policy. Staff and Faculty will meet the November 25 deadline. The staff policy is updated and available online. Faculty voted to approve the revised policy but it needs to go to College Council as the ?nal to put it in the faculty handbook. Pitzer College provided training and information to new students during fall 2013 orientation as follows: - Pitzer College provided training to relevant staff, including residence hall advisors. on the revisions to the Sexual Harassment and Code of Student Conduct Procedures. and the College?s responsibility to respond adequately to student complaints alleging retaliation for reporting discrimination to the College. Additional training ofthe resident hall advisor staff will continue as part of an ongoing effort to educate students on the College?s policies regarding the reporting of alleged harassment. discrimination and retaliation. - During new student orientation, Pitzer College provided information about the policy prohibiting retaliation against other students who attempt to assert a right protected by the federal civil rights laws, or cooperate in any mediation. investigation, hearing or other part of the discrimination, investigation, conciliation or enforcement process. The information included a de?nition of retaliation as intimidating, threatening, coercing, or harassing any other student and the other information set forth in the policies and procedures. Please let me know if you need any additional information or in a different format then by email or if you have any questions. lfnot. then we would appreciate your con?rming that Pitzer is now in compliance with requests. Thank you. Arlene Prater on behalf of Pitzer College Arlene Prater Best Best Krieger LLP 655 West Broadway, 15m Floor San Diego, CA 92101-3301 (619) 525-1334 Office (619) 233-6118 Fax arlene.prater@bbklaw.com From: McCasland, Gemini Sent: Friday, October 25, 2013 1:29 PM To: Arlene Prater Subject: Pitzer College - Adoption, Implementation Notice of Procedures Ms. Prater. Sexual Harassment Policy and Procedures I. Policy Policy Statement It is the policy of Pitzer College to maintain the College community as a place of work and study for students, faculty and staff free of sexual harassment and all forms of sexual intimidation and exploitation. it is fundamental to the concepts of academic freedom and equal opportunity that each member of the College community be treated with dignity and without regard to any factor irrelevant to participation in the activities of this community. It is further the policy of the College to prevent, correct and remedy sexual harassment. All students, faculty and staff are subject to this policy. Persons who are not employees of the College but who perform work at the College for its bene?t (such as contractors and their employees, temporary employees provided by agencies, visitors engaged in joint projects, etc.) are required to comply with this policy. Violation of this policy by such persons is likely to result in their being barred from the workplace upon the ?rst offense. All members of the College community are encouraged and expected to make it known through the avenues identi?ed below, whenever they experience or witness sexual harassment as de?ned below. Likewise, all members of the College community are encouraged and expected to make it known through the avenues identi?ed below, whenever they have knowledge that false charges of sexual harassment have been made. Individuals who have been judged to violate this sexual harassment policy will be subject to appropriate corrective action, which may include, but is not limited to, written warning, transfer, suspension, or dismissal. Reprisals against an individual who in good faith raises a concern or makes a charge about behavior that may violate this policy are against the law and will not be tolerated. Intentionally false charges are grounds for discipline and may constitute just cause for dismissal. After investigating complaints of harassment under this policy, the College may impose discipline for inappropriate conduct that comes to the College?s attention, without regard to whether the conduct constitutes a violation of law. Pitzer College is committed to the principles of free inquiry and free expression. Vigorous discussion and debate are fundamental to the College, and this policy is not intended to sti?e freedom of expression nor will it be permitted to do so. What is Sexual Harassment Sexual harassment consists of unwanted and unwelcome sexual advances, requests for sexual favors, and other visual, verbal, or physical conduct of a sexual nature: 1. When submission to such conduct is made either explicitly or implicitly a term or condition of an individual's employment, academic status, or progress; or 2. When submission to, or rejection of, such conduct by the individual is used as the basis for employment or academic decisions or evaluations affecting the individual; or 3. When the conduct has the purpose or effect of creating an intimidating, hostile, or offensive work, educational, or student living environment; or 4. When submission to, or rejection of, the conduct by the individual is used as the basis for any decision affecting the individual regarding bene?ts and services, honors, programs, or activities available at or through Pitzer College. The determination of what constitutes sexual harassment depends upon the speci?c facts and the context in which the conduct occurs. Sexual harassment may take many forms. It may be subtle and indirect, or blatant and overt. It may be conduct affecting an individual of the opposite sex or conduct affecting an individual of the same sex. It may occur between peers or between individuals in a hierarchical relationship. An important question is always whether the conduct is unwelcome to the individual to whom it is directed, regardless of the intentions of the actor. Sexual harassment may include unwelcome verbal comments, written harassment via notes, letters, or electronic mail messages and displays on public workstations. Coercive behavior, including suggestions that academic or employment reprisals or rewards will follow the refusal or granting of sexual favors, constitutes gross misconduct and will not be tolerated; a single incident of coercive behavior could be grounds for discharge or expulsion. Sexual harassment usually involves sexual advances that are repeated and unwanted. Consensual Relations Policy: The College recognizes and individuals should be aware that consensual sexual relationships can result in claims of sexual harassment because the degree to which consent is voluntary may be questioned when a power differential exists. If a sexual harassment claim is ?led following what one or both of the parties may have initially viewed as a consensual relationship, the consent is evaluated in light of this power differential. Sexual relationships between employees and their supervisor or students and faculty members with whom they also have an academic or evaluative relationship are fraught with the potential for exploitation. The respect and trust accorded a professor by a student or a supervisor by an employee, as well as the power exercised in an academic or evaluative role, make voluntary consent suspect. Even when both parties initially have consented, the development of a sexual relationship renders both parties and the College vulnerable to possible later allegations of sexual harassment in light of the signi?cant power differential that exists between them. In their relationships with students and staff members, faculty and supervisors are expected to be aware of their professional responsibilities and avoid apparent or actual con?ict of interest, favoritism, or bias. Sexual relationships that involve a faculty member who exercises active and immediate authority over a student, as in the case of a faculty member and a student currently studying with the faculty member and/or an adviser and advisee relationship, are prohibited whether or not the relationships are consensual. The same is true of a supervisor/ employee relationship. A supervisor and faculty member must remove him/herself from positions of active and immediate authority over the employee or student before a sexual relationship begins. The College has the right to take disciplinary action, up to and including dismissal, against a faculty member or supervisor for participation in a relationship which involves such a conflict. In the case of a sexual relationship in which the parties believe that the restrictions of the preceding paragraph do not apply, it is the obligation of the supervisor or faculty member, because of his/her position of authority, to take all necessary steps to remove herself/himself from professional or institutional actions, such as providing recommendations or participating in the awarding of departmental prizes, performance reviews or promotions, which affect the student and/or employee. Before a sexual relationship develops, effective steps must be taken to ensure unbiased evaluation and supervision of the student or employee. Failure to do so may result in disciplinary action, the level of which will depend on the severity of the potential or actual conflict. These requirements also apply to past sexual relationships. Faculty members, students, supervisors and staff members are encouraged to seek assistance and guidance from the Dean of Faculty, Dean of Students or Director of Human Resources to ensure compliance with this Policy. Because consenting relationships may in time lead to liability for the College and the individual faculty member or supervisor, based on claims of harassment, the College will not approve such relationships. It should not be assumed that because a person in authority at the College has knowledge of the relationship that the College has condoned the relationship. Disciplinary action for a consenting relationship, if taken, will be conducted in accordance with the procedures and standards speci?ed in this policy. Additionally, as stated in the policy, intentionally false charges are grounds for discipline and may constitute just cause for dismissal. Glossary: In addition to ?sexual harassment" which has already been defined, there are other terms such as ?concern? and ?charge,? that are used in a somewhat technical way throughout this document and are defined below: A concern is a question or problem involving alleged sexual harassment or similar conduct that an individual wants to discusswithout (yet) having made the decision to pursue the matter further. The reason for distinguishing between concerns and complaints is that members of the College community should be able to get advice about behavior that may constitute sexual harassment even if they are not certain that it violates this policy, or that they want to take action. Peer Counselors are prepared to discuss concerns related to sexual harassment. A charge is an assertion that a named individual has violated this policy. A charge may be lodged by filing a complaint with one of the Designated College Of?cials, using informal or formal resolution procedures. A complainant is an individual making a charge; the complainant must consent to being identi?ed to the person being charged if necessary to investigate and resolve the complaint. A respondent is the individua (s) against whom a charge has been made. Informal resolution of a concern or a charge means an outcome achieved by advising, mediation, or other informal processes, rather than through the College?s formal resolution procedure. Formal resolution of a charge means an outcome achieved by the Hearing Committee and designated college of?cials, all of whom have received training for handling charges of sexual harassment. Designated Colleqe Of?cials Student Contact: Dean of Students Holden Hall x72821/18241 Faculty Contact: Dean of Faculty Fletcher 208 X18217 Staff Contact: Director of Human Resources McConnell 312 X18254 Peer counselors are the two volunteers available to each constituent group (staff, faculty and students; one of each gender) to serve as advisers in ?rst discussing what has occurred and to make initiating or responding to a charge of harassment as non-threatening as possible. Peer CouTtselors are not required to report information from their discussions with peers. Their role is to provide assistance to peers who have a valid complaint should they wish to pursue a concern of sexual harassment with one of the Designated College Of?cials. Peer Counselors are prepared to discuss concerns involving alleged sexual harassment. The Hearing Panel will consist of eighteen people who have received training for handling charges of sexual harassment: at least one female and one male representative from each group, all appointed by the President. in consultation with the Faculty Executive Committee, in the following manner: Faculty: 1 - from the Judicial Council 5 - from the faculty at large Staff: 1 - Pitzer representative to the Staff Grievance Committee 5 - from the staff at large Students: 1 - from the Judicial Council 5 - from the student body (Chair to be designated by the President) Hearing Committee: The Chair of the Hearing Panel will select five individuals, who to the extent possible are acceptable both to the complainant and to the respondent, to serve as a Hearing Committee for each individual case. The Chair will ensure that each committee consists of at least two females and two males. The ?ve-member Hearing Committee will be composed as follows: Con?ict Committee Composition Faculty 3 Faculty - Faculty 1 Staff 1 Student Staff 3 Staff - Staff 1 Faculty 1 Student Student-Student (See the Code of Student Conduct) Faculty 2 Faculty - Staff 2 Staff 1 Student Faculty 2 Faculty - Student 2 Student 1 Staff Staff 2 Staff - Student 2 Student 1 Faculty Il. Procedures for Dealing with Sexual Harassment: Procedures: Anyone may seek advice, information, or counseling on matters related to alleged harassment without having to lodge a complaint. Persons who believe they are being harassed, or are uncertain as to whether what they are experiencing is harassment, are encouraged to talk with one of the constituent group's peer counselors. At least two peer counselors (one of each gender) will be available to each constituent group (staff, faculty and students) to serve as advisers in first discussing what has occurred and to make initiating or responding to a charge of harassment as non-threatening as possible. However, faculty members or supervisors who acquire knowledge of an alleged sexual harassment incident involving a student are obligated to report the incident to one of the Designated College Of?cials. Supervisors who become aware of a staff member being harassed are also obligated to report. The names of the six or more peer counselors and hearing panel members will be published and distributed every year. The person seeking information and advice will be counseled on the options for action available under this policy. Information disclosed through this peer advising process will be held in confidence, unless the initiating individual agrees that additional people must be informed in order to facilitate a solution. However, once an individual has been named to a Designated College Of?cial as an alleged harasser, the College will take investigative and/or remedial action in response to information provided to peer counselors. An initial course of action for any faculty, staff, or student who believes that s/he is being sexually harassed, is for that person to tell or otherwise inform the alleged harasser that the conduct is unwanted, unwelcome and must stop. However, in some circumstances this course of action may not be feasible or may be unsuccessful. The College provides both informal and formal complaint resolution procedures. The complainant may choose either procedure for a resolution. Note: Student-Student cases alleging sexual harassment will be handled according to these procedures. Sexual assault complaints involving a student respondent will be handled according to The Code of Student Conduct. In addition. the resolution process may be commenced by the Designated College Official any time the College becomes aware of conduct which may be considered a violation of this policy. Upon receipt of a complaint alleging sexual harassment prohibited by this policy, or at the time that the Designated College Of?cial initiates the resolution process, the Designated College Of?cial may make a determination whether interim action, pending the conclusion of the investigation, is required. Such action may include temporary transfer or reassignment to separate the individual accused of sexual harassment from the complaining individual, paid leave of absence, or other non-punitive measures that, in the discretion of the Designated College Of?cial, are necessary or appropriate for the completion of the investigation and resolution process. Confidentiality. The College will endeavor to maintain the confidentiality of any information provided to the College regarding alleged sexual harassment. However, in some instances, information must be disclosed in order to conduct a thorough and fair investigation. Accordingly, the College cannot guarantee that information provided to it regarding alleged harassment will be kept con?dential if that information must be disclosed in furtherance of an investigation. Any individual who participates in an investigation of alleged sexual harassment pursuant to this policy, including any individual complaining of sexual harassment, accused of sexual harassment or witness to the alleged sexual harassment, is expected to maintain the con?dentiality of all discussions regarding the alleged harassment and regarding any investigation or corrective action taken by the College. Informal Resolution: This informal procedure is intended to resolve an actual or perceived instance of sexual harassment short of a formal hearing. If the complaint is not resolved informally, either the complainant or the designated college official will initiate a formal resolution process. The aim of an informal resolution is to ensure that the alleged offending behavior ceases and that the matter be resolved. The charge is resolved when the complainant, the respondent and the designated college of?cial are in agreement as to a satisfactory conclusion. The informal resolution process will not normally take more than four weeks. Examples of informal procedures to resolve a charge of sexual harassment may include but are not limited to: a. A meeting between the Designated College Of?cial and the alleged harasser; b. A meeting with the Designated College Of?cial, the complainant and/or an informal advocate (such as a friend or colleague but not an attorney) and the alleged harasser and/ or an informal advocate (such as a friend or colleague but not an attorney); 0. A short series of such meetings; d. The use of a mediator if the complainant and the alleged harasser agree. The mediator should be a person with both legal and personnel or academic relations experience who is acceptable to both parties. He/she would discuss the issues with both principals and seek appropriate actions by one or both parties to reach an acceptable resolution. Satisfactory resolutions may include but not be limited to the following outcomes, not all of which are mutually exclusive: a. The respondent agrees to cease the offending behavior immediately. b. The respondent apologizes to the complainant. c. The respondent agrees to become more educated about sexual harassment by reading or attending a relevant workshop) or to seek counseling. d. The complainant agrees that the offending behavior was not intended to be offensive and the respondent agrees to be more conscious of possibly offensive behavior. e. The complainant agrees to withdraw his/ her allegation of sexual harassment. f. The complainant or the respondent agrees to change his/her workplace assignment or educational environment. Formal Resolution: To initiate the formal resolution process, the complainant should inform one of the Designated College Of?cials that 3/ he believes that s/he has been the victim of sexual harassment and wants to file a charge. A formal resolution process, including immediate investigation and appropriate corrective action may also be initiated by the Designated College Of?cial, even in the absence of a formal complaint. In either case, the Designated College Of?cial will submit a written summary of the alleged incident to the Chair of the Hearing Panel who will select a Hearing Committee which will begin a formal investigation and determine whether a violation of the College?s policy prohibiting harassment has occurred. The Hearing Committee should complete its work within sixty days of receipt of the complainant's charge by the College. This time frame may be extended due to complexity of the issues or with the consent of both parties. The Hearing Committee will conduct a full, impartial and timely investigation, and will provide the respondent with a written statement of the allegations, to which that individual will be required to respond in a timely manner. During the course of the investigation the Hearing Committee will hear the complainant, the respondent and relevant witnesses. To the extent possible, charges will be handled con?dentially, with the facts made available only to those who have a need to know for purposes of investigation or resolution. At the conclusion of its investigation, the Hearing Committee will prepare a written report which will detail the allegations, the evidence in the case, the persuasiveness of the evidence. the consistency of the testimony and the credibility of the witnesses, then determine whether there has been a violation of the College?s policy prohibiting sexual harassment. On the basis of that determination the Committee will recommend corrective actions or recommend that no further action be taken. A copy of the Hearing Committee?s report with its determination and recommendation will be given to one of the following *vice presidents who will review this information. The vice president shall review the determination and recommendation of the Hearing Committee and shall on that basis make a ?nal determination, with a written explanation, regarding resolution of the complaint. The vice presidents review. determination. and written explanation will be completed within two weeks of receiving the information from the Hearing Committee. (Ala). Where appropriate, the vice president may request that the Hearing Committee conduct further investigation if necessary to reach a ?nal determination. The vice president shall provide a copy of that determination to the respondent, the complainant, the Hearing Committee and the President. The copy to all parties will include a statement of the allegations that were investigated. a description of the investigative steps that were conducted, a summary of the facts of the matter. the basis for the determination. and possible remedial actions that will be required if the respondent is found responsible for violating the policy. (A1 The vice president shall not implement a corrective action for a period of at least two weeks from the date that these notices are issued in order to allow for the possibility of an appeal to the President. If the Vice President Respondent is: Will Be: A Faculty member V.P.lDean of Facuny A Staff member V.P. from the Respondent?s Department A Student V.P.lDean of Students *In the event that a vice president is a respondent or complainant in a charge of sexual harassment, the Hearing Committee will present its report of determination and recommendations to the President. The Executive Committee of the Board will hear appeals. If the President is the respondent or complainant in a charge of sexual harassment, FEC will appoint a Hearing Committee. The Hearing Committee?s report will be directed to the Executive Committee of the Board, without the Chairperson of the Board being present. Appeals will be heard by the Chairperson of the Board. Appeal Process: An appeal of the ?nal determination may be submitted in writing by either party directly to the President, but must be ?led within two weeks of the date that notice of the determination was issued to the respondent and to the complainant. (This requirement may be extended for good cause). An appeal must be based on the following: signi?cant new evidence; procedural error, including the misapplication of policy or legal standards; bias of decision maker; or the harshness of the recommended sanction. The President will provide written notice of the appeal decision to the respondent, the complainant and the vice president within one week of the date upon which the President received an appeal. Corrective Actions may include but not be limited to the following, not all of which are mutually exclusive: a. A letter from the offender acknowledging the offense and apologizing to the complainant; b. A letter of reprimand to the offender; c. Mandated education regarding sexual harassment; d. A notice of the offense prepared and place in the personnel ?le or the student ?le of the offender; e. Suspension of the contract of employment or, in the case of a student, the enrollment and/or residence of the offender; f. Freezing of salary; g. Reallocation of responsibilities; h. Termination of employment or dismissal from the College. False Accusations: intentionally false charges are grounds for discipline and may constitute just cause for dismissal. Intercollegiate Offense: Contact your designated college official first. Ordinarily, the resolution of an intercampus charge of sexual harassment by a faculty, staff, or student member of one college or Central Programs and Services against a member of another college or will be made using the established sexual harassment policy and procedures of the respondent's college or However, where appropriate or necessary, the College will take further investigative or corrective action to ensure a work or academic environment free of unlawful harassment for all members of the Pitzer College community. A designated individual at the complainant?s college or will assist the complainant in pursuing the charge through the respondent?s college. At the complainant request, a designated individual at the complainant's college may accompany the complainant to the hearing at the alleged respondent's college. The respondent may have equal representation. Each college and will publish its procedures regarding sexual harassment, and make copies available in the of?ces of the academic deans, the student deans, the human resource officers and the presidents. Appendix What to Do About Sexual Harassment: If you feel you have been sexually harassed, do not remain silent. Ignoring sexual harassment does not make it go away. Indeed, it may make it worse as the alleged harasser may misinterpret a lack of response as approval of the behavior. There are several things that can be done to stop sexual harassment: - Know your rights. Know your rights. Sexual harassment is illegal. Pitzer College has a specific policy prohibiting sexual harassment. Familiarize yourself with this policy. - Speak up. If you can, tell the person to stop. State clearly and firmly that you want a particular behavior to cease. This is not a time to be polite or vague. There is a chance that the alleged harasser does not realize that a particular behavior is offensive. If you feel you cannot speak up, talk with one of the resource persons listed in this brochure for further help and guidance. - Get information and support. Designated college of?cials and peer counselors can provide support and advice about Pitzer?s policy and procedures. They can help you understand your options and explore ways of resolving your particular situation. They will review with you the informal and formal procedures available for dealing with issues of sexual harassment. If you choose to ?le a charge, it will be investigated by the appropriate designated college of?cial. Sexual harassment peer counselors can assist in informal resolutions which might include any of the following: - Write a letter. Many people have successfully stopped sexual harassment by writing a letter to the alleged harasser. The letter includes a factual account of the offending behavior, a description of how the behavior was experienced by the writer and a simple statement that the writer wants that particular behavior to stop. The letter should be polite, low-key and factual. A copy should be kept by the writer. In the unlikely event that the letter fails to achieve its purpose, it could be used as evidence in support of a charge or lawsuit. Copies should be sent to no one else. If the letter is to work, it must be a private communication between the persons involved. The recipient of the letter rarely writes back and usually the sexual harassment stops immediately. - Participate in a moderated discussion. If you request this (and the other party agrees) a moderated discussion can be set up to assist in resolving the situation. A more structured mediation is also possible, if both parties agree. - Initiate Informal and/or Formal Resolution. Use these procedures as described in the College?s Sexual Harassment Policy. - Keep records or a journal. Save any letters, email, or notes received as they can be helpful if the harassment persists. Record dates, places, times, witnesses and the nature of the harassment- what was said and/ or done, when, and how you responded. What Not to Do - Do not blame yourself. Sexual harassment is not something one brings on oneself. - Do not delay. Delay in action in cases of sexual harassment only increases the probability that the harassing behavior will continue - Do not hesitate to seek help. Being quiet about sexual harassment enables it to continue. Chances are very good that you are not the only one who has been harassed. Speaking up may prevent others from being harmed. Sexual Harassment, Academic Freedom and Free Speech: Pitzer College is committed to the principles of free inquiry and free expression. Vigorous discussion and debate are fundamental to the College, and this policy is not intended to sti?e freedom of expression nor will it be permitted to do so. The College?s statement on academic freedom can be found in the Faculty Handbook at the end of the section on By- laws and Student Governance. Legal Authority. The College has the legal authority to maintain reasonable standards of conduct for members of the college community to promote the goals of the College, which include the maintenance of a working and learning environment free of harassment. In addition, sexual harassment is a form of sex discrimination which is prohibited by Title VII of the Civil Rights Act of 1964, by Title lX of the Education Amendments of l972, and by the California Fair Employment and Housing Act, speci?cally Government Code Sections l2940 and Pitzer College?s Equal Opportunity/ Af?rmative Action Policy also prohibits sex discrimination. Retaliation: Any attempt by a student. faculty. or stal?l' member to penalize. intimidate. or retaliate in any way against a person who makes a report ot'or who is otherwise involved in reporting. an investigation ol?. or a hearing for alleged violations ofthe College's discrimination policies. including sexual harassment. is prohibited. Students who believe that they have been retaliated against for making a complaint/report or for cooperating in an investigation or hearing should immediately contact the Dean Ol?tice. Any person who rctaliates against a person who has cooperated in an investigation and/or hearing is in violation oi'College policy and will be subject to disciplinary action. Retaliation against persons for opposing practices prohibited by the Fair Employment and Housing Act and Title IX, or for ?ling a complaint with, or otherwise participating in an investigation, proceeding or hearing conducted by, the Department of Fair Employment and Housing, the Fair Employment and Housing Commission, the US. Equal Employment Opportunity Commission, or the Of?ce of Civil Rights, is prohibited by law. Additional Legal Remedies: In addition to the internal remedies described above, remedies external to the institution are available through the California Department of Fair Employment and Housing, the United States Equal Employment Opportunity Commission, or the Of?ce of Civil Rights, United States Department of Education. For more information, you may contact any of these of?ces. The addresses and telephone numbers of the of?ces in closest proximity to Claremont are: California Department of Fair Employment and Housing Los Angeles Of?ce 611 West Street, Suite 1510 Los Angeles, CA 90017 800.884.1684 Santa Ana District Of?ce 2101 East 4th Street, Suite 255-B Santa Ana, CA 92705 800.884.1684 United States Equal Employment Opportunity Commission 255 East Temple, 4th Floor Los Angeles, CA 90012 800.669.4000 66 General College Policies Pitzer College 2012-13 Student Handbook Of?ce of Civil Rights, Department of Education 50 Beale Street, Suite 7200 San Francisco, CA 94105 415.486.5555 ocr.sanfrancisco@ed.gov . . O. I I Robert?s Rules of Order shall govern the proceedings amended by such standing rules as the College Coun laws of Faculty and Student Governance in the Facu College Council meetings. The Student Senate The Pitzer College Student Senate is hereby recogniz of?cial body for protecting student rights and interests College policy-making, increasing the quality of stude experience, upholding the core values of the College ir communication between students and faculty, staff. a recognizing and funding student organizations, repres Council meetings and all of?cial college business, and students. The structure and constitution of the Student Senate Article 1 of the current Student Senate Constitution. Governance 49 of the College Council meeting as :il meeting may designate. See by- ly Handbook, Article Two regarding ed by Pitzer College students as the facilitating student participation in ts' educational and academic all areas of student life, facilitating bureaucratic organizations. nting the student body in College striving to improve the welfare of 3 subject to change. Below is or more details, refer to the Constitution of the Pitzer College Student Senate (Apnll 2009). Article 1. Membership. Section 1. Eligibility. with their terms of of?ce. No student may apply for a Senate position at the time of their application unless Executive Board or Student Senate. All members of Student Senate must be enrolled as st? Section 2. Elected Members. The elected voting members shall be: the ?ve member class representatives; one New Resources represental dents at Pitzer College concurrent sition if they hold another Student ey obtain prior approval from the of the Executive Board; the four ve. one Off-Campus representative. one Transfer representative, one International representative. one Environmental Senator, and all elected student committee positions. Section 3. Appointed Members. Appointed members of Student Senate shall have the 5 members. The Executive Board shall appoint students standing committees. Section 4. Class Representatives. ame powers and duties as elected 0 all appointed positions for the Each of the four student classes shall elect one repres ntative to be a member of the Student Senate. The four Class representatives, the nsfer representative, and the New Resources representative, and the lntemational repre ntative are charged with representing the views of their constituents and inform 9 them about the ongoing work of the Student Senate. These representatives must hold with their respective constituencies each academic ser each respective constituency may cast a vote for each least three publicized meetings ester. Only student members of representative position. 50 Code of Student Conduct Section 5. Residential Representatives. One Hall Council Representative shall be selected by each Hall Council to be a voting member of Student Senate. There shall be an Off-Campus representative that represents all Pitzer students who do not reside on the Pitzer campus, including students who are studying abroad. Section 6. Standing Committees. Both elected and appointed committee representatives shall serve as Student Senate's representatives to each of the college's standing committees. Section 7. Environmental Senator. The Environmental Senator shall be elected at the beginning of each academic year. The Environmental Senator is charged with representing the interests of environmental health and sustainability of the College, reporting on the environmental impact of the College, acting as a liaison between the EcoCenter and Student Senate, and participating in any College governance committees relating to sustainability. Section 8. College Council Composition. Student Senate shall make up no less than one third of the voting membership of College Council. Code of Student Conduct Preamble Pitzer College has a high respect for individuality among its students and acknowledges the right to explore, clarify and adopt individual values. The College makes no attempt to stand in loco parentis or to be responsible for the total life of its students. The College does, however, have the responsibility of encouraging an atmosphere where students, staff and faculty can effectively pursue the goals of education and community living. All students are responsible for their own behavior and how this behavior impacts the community. The Code of Student Conduct seeks to protect the rights of the individual and the rights of the community with fairness, integrity and respect for the goals of all. The Pitzer College Code of Student Conduct sets out de?nitions of rules and fair procedures within the Pitzer community. As members of this community, students are required to abide by all the policies and procedures of Pitzer College and The Claremont Colleges as well as all local, state and federal laws. It is each student's responsibility to be aware of the content of the Code of Student Conduct as well as other policies of the College, which are published in the Student Handbook. This Code is reviewed periodically by the Judicial Council, which is composed of ?ve students and five faculty members to re?ect changes in community standards and is then adopted by College Council. Disciplinary authority for the Code of Student Conduct originates in the Board of Trustees, the President and the By-Laws of the College. The Judicial Council has authority to conduct Code of Student Conduct 51 hearings on charges of violations of the Pitzer College Code of Student Conduct. while the Of?ce of Student Affairs is responsible for the adminis for enforcing the disciplinary policies of the College. ation of residential life policies and isions made by the Judicial Council or an administrative review are generally final. Howev r. an appeal may be made on speci?ed grounds by the respondent, and in sexual ense cases, by the complainant as well. The sanctions imposed by the judicial process remain in place unless and until the appeal is successful and the sanctions are overtu ed. I. Definition of Terms 1. 10. 11. 12. The term ?College? means Pitzer College. The term "student" includes all persons tak ng courses at Pitzer College. both full and part- time and those who attend Claremont Colleges and who reside in Claremont Colleges' residence ha is. Persons who are not of?cially enrolled for a particular term but who ha a continuing relationship with Pitzer College are considered students. The term ?faculty member" means any per appointed by recommendation of Faculty classroom or teaching activities. The term ?member of The Claremont Coll ges community? includes any person who is a student, faculty. or staff member. I'ollege official or any other person employed by the College(s). The term ?intercollegiate policy? means an policies of The Claremont Colleges, which procedures and policies of Pitzer College The term ?College-owned property" includ 5 land, buildings. facilities and other property owned jointly or individually by a of The Claremont Colleges or property of any facility or institution owne by or affiliated with The Claremont Colleges. The term ?Judicial Council" means the gro of both faculty members appointed by the Pitzer College Faculty ecutive Committee and student members elected by the student body of jtzer College, who are authorized to hold hearings to determine whether a stu ent has violated the Code of Student Conduct and to impose sanction The ?Dean of Students Of?ce" is the of?ci appointed by the Pitzer College Presiden Council through the College By- Laws to Student Code. The term ?judicial proceeding" means the rocedures of a student disciplinary action, (either a Judicial Council hearing Administrative Review) after a formal charge of a specific alleged violatio. of the Code of Student Conduct is made. i The term ?shall? is used in the imperative Inse. The term ?may? is used in the permissive The term "policy" is defined as the writter regulations of the College as found in, but not limited to. the ?Code of Student Conduct," the Student Handbook and the College Catalogue. hired by Pitzer College and ecutive Committee to conduct lof the several jointly adopted Iguide but do not supersede the or the designees of the College land empowered by the Judicial responsible for administration of the 52 Code of Student Conduct 13. 14. 15. 16. 17. The term ?complaint? means the set of circumstances or events reported to or being investigated by the Dean of Students Of?ce, which may or may not lead to a written charge. The term ?complainant? refers to the individual(s) initiating a complaint of a violation of the Code of Student Conduct, which may or may not result in a charge. The term "respondent" refers to the person against whom an alleged violation of the Code of Student Conduct is charged. The term ?victim? refers to the individual(s) who has been harmed by the alleged violation of the Code of Student Conduct. The term ?charge? means a written statement of the provisions of the Student Code alleged to be violated and the factual circumstances surrounding the alleged violation. ll. Judicial Authority: Dean of Students Of?ce A. Investigation and Resolution of Disputes: 1. Investigating. The Dean of Students Of?ce is responsible for enforcement of the Code of Student Conduct and for ensuring that the rights of all students are upheld. When a complaint is made against a student, the Dean of Students Office shall conduct an investigation to determine if the alleged violation(s) has merit. Any student against whom there might be a charge of a violation of the Code of Student Conduct has all the rights enumerated in Section VI of this code. In addition to these rights. the Dean of Students will provide the student(s) who is (are) being investigated or charged with a copy of the Code of Student Conduct as well as a sheet that points out the student?s right to consult an adviser and that offers a short list, prepared by Student Senate, of potential advisers (faculty, students and staft) who have volunteered to provide students with information about the Code of Student Conduct and advice during the judicial process. Seventy of disciplinary cases. A student charged with violating the Code of Student Conduct has the right to have a hearing before the Judicial Council for any alleged violation. However, in cases of alleged minor violations, complaints can often be resolved without a full Judicial Council hearing. Generally, there are three levels of disciplinary action depending on the seriousness of the alleged violation. a) Residential life complaints: Complaints about student behavior and reports of alleged violations of residential life policies, such as noise policy, guest policy, pets, room changes, furnishings, etc. normally are ?rst addressed by the Dean of Students Of?ce. Such complaints are reviewed by 3 Residence Director and/ or Associate Dean of Students and examined in a conference with the student(s). Many matters can be resolved at this level. Attempts at con?ict mediation and reconciliation as well as resolution by imposition of sanctions for admitted violations may make unnecessary a formal judicial proceeding and bringing a charge. Resolution may entail a Code of Student Conduct 53 variety of responses, including no acti n, a warning, an educational or community service assignment, a ?ner.? residential probation, restitution or some combination, depending on the ;everity of the case. A respondent may appeal from the residence life 5th to the Dean of Students for reconsideration on the same grounds rs judicial appeals. (See Section VII. E.) b) Administrative review option: In the those above, about the same person violations, but where the potential san suspension or expulsion, the respond administrative review within the Dean nt of repeated complaints, such as somewhat more serious alleged tion would not usually be nt has the choice of either an the right to a hearing before Judicial uncul for the same alleged violation(s). Once the student decide a charge is issued and a date and time is set for the administrative revie or Judicial Council hearing. c) Cases in which the possible sanction from the College will be referred dire Dean of Students Of?ce. ould be suspension or expulsion ly to the Judicial Council by the d) For alleged violations in either case I or c) above, the Dean of Students Of?ce meets separately with the com Iainant(s) and/or the alleged victim(s) to notify each provide each with a copy of the Student Code. Mediation. Mediation is intended to allow he two people involved to discuss their respective understandings of the inc dent through the assistance of a trained professional. Mediation is design to encourage each person to be honest and direct with the other and to a ept personal responsibility where appropriate. Its goal is to facilitate the reslution of the incident to the satisfaction of both persons involved and produce a written agreement that is binding on both parties. Mediation is nt a procedural option for cases of sexual offenses. Requests for mediation hould be ?led with the Dean of Students by the complainant and/ or res Indent and both parties must agree to enter into mediation. In addition, the an or his/her designee must agree that mediation is a desirable method for solution of the case. All parties have to agree to the choice of the mediator. If process proves unsatisfactory at any time during the mediation before an greement is reached. the complainant may pursue other courses 0 action. Admitted Violations. When a student adn its to the facts of a case and to responsibility for a violation of the Code tiff Student Conduct (and it does not warrant suspension or expulsion), he or 5 he can choose to be sanctioned administratively. If the student is not satisfied with the sanctions levied against 54 Code of Student Conduct him or her, he or she can appeal to the Judicial Council for review of the appropriateness of the sanctions only. 8. Procedures for an Administrative Review: If the respondent chooses to have an administrative review, the Dean of Students will notify the respondent in writing of the alleged violation(s) including the speci?c circumstances or behaviors alleged to have violated that policy or regulation. An Associate or Assistant Dean of Students (or in severe cases, the Dean) will review the case. The review will include individual interview(s) with the respondent, the complainant. the victim, any witnesses and the review of other documentation or materials relevant to the case. Advisers to the respondent. claimant. or victim may be consulted beforehand, but will not be permitted to be present during the administrative review. The of?cial who conducts the review will make a decision based on a preponderance of the evidence. That is, is it more likely than not that the respondent(s) is responsible for violating the Code of Student Conduct. When a student is found responsible for a violation through an administrative review, the Dean of Students Of?ce will impose sanctions. The range of sanctions that may be imposed includes. but is not limited to: community service. educational sanctions, referral to drug or alcohol counseling or rehabilitation. warning, probation. monetary ?nes, restitution, revoking of on-campus privileges (including on-campus housing), but does not include expulsion or suspension from the College. The respondent will be noti?ed in writing of the results of the review. When a violation of the Code of Student Conduct is determined in an administrative review and sanction is imposed by the Dean of Students Of?ce, appeal. if any, is directed to the President. (See Section VII. E.). Grounds of appeal include violations of the student's rights as set forth in the Code of Student Conduct. insufficient or compelling new evidence. and/or severity of the sanction. C. Procedures for Mediation: The only parties present at the mediation session(s) are the two persons involved in the incident, their advisers if they wish (a student, faculty or staff member of The Claremont Colleges) and a trained mediator who should not be a student. The parties shall be offered the opportunity to participate without physically facing each other. If so requested, the mediator shall work out an acceptable arrangement. The mediator will listen to the parties and work with them to develop a written agreement on the key issues emerging from the incident. which may include an activity or restraints on behavior that one or both parties agree to following the mediation. The outcome will be communicated to the Dean of Students or his/her designee immediately. The written agreement will be kept in both students' discipline ?les located in the Of?ce of Student Affairs and may be used for purposes of sanctioning in subsequent judicial matters. Charges of violations of the agreement should be heard by the Judicial Council. There is no statute of limitations on the mediation process. Note: If a hearing to consider an alleged violation(s) is submitted to the Judicial Council. whether because it is chosen by the respondent or referred by the Dean of Students Of?ce, the hearing procedures described in Section VII below will apply. in Code of Student Conduct 55 either case, preparation of charges and noti?cat' of the Judicial Council Chair will be the responsibility of the Dean of Students Off ce. Ill. Proscribed Conduct Violations of the Code of Student Conduct include: A. Offenses against persons and property: 1. Threatening or endangering other person . No Pitzer student shall threaten or endanger the safety and/or well-being of hers. Physical assault. No Pitzer student shall ack or physically injure any member of the campus community or visi to the campus. Harassment. Every Pitzer community me i ber has the right to freedom from harassment and abusive behavior, includi harassment directed at his/her racial, religious or ethnic background, ph ical disability, or sexual orientation. No Pitzer student may engage in behavio which is excessively or persistently annoying enough to detract substantially tom the quality of life, or the quality of the working conditions of students or a other member of The Claremont Colleges. Examples of harassment can i Iude: making excessive noise in residence halls, damaging or highly offen ive practical jokes, and racist behavior. (Cases of alleged sexual haras ment will follow the Sexual Harassment Policy and Procedures outli in this handbook for resolution.) Property offenses. No Pitzer student shal !steal, embezzle, damage, or endanger the property or otherwise violat the property rights of any Claremont College, jointly owned or af?liated facility, of any member or authorized guest of the Claremont College communi who is on College-owned property. Firearms violations. Firearms, ammunitio explosives, knives and other weapons are prohibited on campus. Interference with College activities. No Pi er student shall act in an unauthorized way to make impossible th satisfaction of any physical condition necessary for the success of any authori ed activity on College-owned property (by College-owned property we nderstand property owned jointly or individually by any of The Claremont Coll ges, or property of any facility or institution owned by or affiliated with the Dolleges.) Hazing. Hazing is prohibited. No student, College employee or volunteer, student organization, or athletic team, sh II conduct or condone hazing activities. Violations of this policy will res It in disciplinary action. If you have knowledge of hazing or potential hazing ctivities you should contact the Office of Student Affairs who will investigate an. take action to stop such conduct. Hazing is de?ned as an act or the creation of a situation which tends: to endanger the mental or physical health or safety of a student, to humiliate or 56 Code of Student Conduct degrade a student, or destroys or removes public or private property when these are part of initiation, admission into. af?liation with or continued membership in a group or organization. An act or the creation of a situation becomes hazing when an organization creates the dangerous. illegal, or humiliating situation and exposes students to it; regardless of the student's willingness to participate. As of January 1. 2007 acts of hazing, formerly a misdemeanor. may be punished as a felony. Called "Matt's Law". the new statute (?245.6) of the California Penal Code, allows the individual who is hazed to bring civil action against any person or organization involved in hazing. Even those people only tangentially related to hazers can be liable in civil suits brought by hazing victims or their families. Any person who hazes or conspires to participate in hazing is guilty of a misdemeanor punishable by a ?ne of not less than one hundred dollars nor more than ?ve thousand dollars ($5000), or imprisonment in the county jail not to exceed one year, or by both ?ne and imprisonment. Any person who hazes or conspires to participate in hazing which results in death, great bodily injury, or great injury is guilty of a felony punishable by imprisonment in the state prisons. 8. Stalking. Willfully, repeatedly following. stalking. or threatening another person. Providing false information: No Pitzer student shall knowingly provide false information in relation to the implementation or enforcement of any College policies, rules or regulations. This includes, but is not limited to. forging instructor or adviser signatures or add-drop sheets or petitions. giving false or misleading information to College employees and committees, and knowingly giving false testimony to Judicial Council in the course of a hearing. Every student must provide identi?cation upon request of any College employee. Academic dishonesty: Any member of the Pitzer community who is aware of academic dishonesty by a student has the responsibility to try to halt it. either by intervening immediately. or by speaking with the person committing it and by reporting it to the Dean of Students Of?ce for possible referral to Judicial Council. If an instructor concludes that the standards of academic honesty have been disregarded, it is his or her responsibility to make the information available to the student, to report the incident to the Dean of Students Of?ce and to tell the student that a report is being made. The faculty member may handle the case and impose any academic penalty including failure in the course. The faculty member should report the outcome to the Dean of Students Of?ce. If a student disputes the incident or the severity of the penalty. he or she may have a hearing before Judicial Council. 1. Plagiarism. No Pitzer student shall appropriate the work of another?for example. parts of passages of another?s writings. the ideas and language of another. the artistic compositions of another?and pass them off as his/her own Code of Student Conduct work. Students may not use substantial extracts from books, journals. or other sources without citation. 2. Cheating. No Pitzer student may intentionalli use or attempt to use unauthorized materials. information, or study aids in an acdemic exercise or examination. 3. Duplicate papers. No student may hand int ta same paper in more than one course without obtaining prior permission in I riting from the instructor(s) and stipulating the conditions (such as extra res arch, length of paper. etc.) 4. Facilitating Academic Dishonesty. Intention ly or knowingly helping or of academic integrity. hich a student seeks to claim credit rization or uses unauthorized 5. Claiming Credit Falsely. Intentional fraud. in for the work or effort of another without auth dishonesty can include forgery of academic damaging the academic work of others or a dishonesty. 6. Faculty Decision Student Appeal. A student determination in violation of academic disho- may appeal to the Judicial Council. The app 0 Be made in writing within thirty calend student; 0 State speci?c grounds for any claim ho wishes to challenge a faculty's esty or the severity of the penalty al must: days of the faculty's notice to the the ?nding of guilt was a leave of absence have thirty semester upon their return for an to be completed within the Exception?students going abroad or calendar days from the beginning oft appeal if the review hearing is not abl - semester of the occurrence. 0 Be delivered to the Of?ce of Student ffairs. A Dean will work with the Judicial Council air to notify the faculty of the student's appeal. Evidence and arguments lelevant to the appeal will be presented to the Judicial Council, faculty an the petitioning student. Under normal circumstances, the review a ring should be scheduled for a date not fewer than 5 or more than 25 class day from the time of the petitioner's formal appeal. The Judicial Council shall in both the petitioner and the faculty of the time. place and date of the re Lew hearing. Under extreme circumstances. either the :~pondent or the complainant may request waiver of the time limit for a hearin in writing to the Judicial Council Chair. A decision on the request will be ma by the Judicial Council. All parties will then be noti?ed of the date, time and loation of the rescheduled hearing. Sexual Offenses: Every Pitzer Community me her has the right to freedom from harassment and/or abuse. including sexual off ses. When this right is ignored, the offense degrades the victim. our community an - society at large. Pitzer College will not tolerate sexual offenses of any kind. In recc gnizing both the physical and trauma associated with such offe wses, Pitzer College encourages 58 Code of Student Conduct victims to seek help from the Dean of Students, a Hall Director, a Resident Assistant, or a potential advocate de?ned as a faculty, student, or staff member of The Claremont Colleges. Also in recognizing the difficulty that these cases present for individuals to come fon/vard, Pitzer College recognizes that sexual offenses are a crime and victims are encouraged to address the issue through the criminal system and seek police help. In a judicial proceeding, information regarding prior sexual conduct of either the complainant or the respondent will not be considered relevant. The manner in which a complainant was dressed will not be admitted as evidence in any review or hearing. Sexual offenses fall into four broad categories with the following de?nitions. It is possible that a given incident could lead to more than one of these charges: 1. Rape is de?ned as sexual contact in which there is penetration of a bodily ori?ce (examples primarily include the genital, anal areas and the mouth) however slight by an object (examples include but are not limited to a penis, a ?nger, a bottle, etc.) in the absence of effective consent. 2. Sexual assault is any sexual contact without effective consent that occurs by a man or a woman where penetration has not occurred. Sexual assault includes but is not limited to the legal definition of sexual battery de?ned by the California Penal Code 2002 under Section 243.4 as touching an intimate part of another person while that person is unlawfully restrained by the accused or the accomplice, and if the touching is against the will of the person touched and is for the purpose of sexual arousal, sexual grati?cation, or sexual abuse. Touching as defined in the California Penal Code means physical contact with another person. whether accomplished directly. or through the clothing of the person committing the offense, or through the clothing of the victim. 3. Sexual harassment (between students) is de?ned as a pattern of unwanted and unwelcome sexual advances, requests for sexual favors, and other visual, verbal, or physical conduct of a sexual nature if it creates an intimidating, hostile, or offensive work, educational or student living environment. It includes but is not limited to any unwelcome touching, patting, pinching, or brushing against a person?s body, and any harassment directed against a person because of his/her gender or sexual orientation. It also includes any attempt to coerce an unwilling person to unwanted sexual attention or to punish a refusal to comply. Sexual harassment may also exist in power situations where one's submission to or rejection of another's behavior is the basis for decisions affecting that person. Cases of alleged sexual harassment will follow the Sexual Harassment Policy and Procedures outlined in this handbook for resolution. 4. Sexual Exploitation occurs when a student takes non-consensual sexual advantage of another individual or individuals for the purpose of his/her own or someone else?s bene?t, and the behavior does not fall under the previous definitions of sexual offenses. Code of Student Conduct 59 Examples include. but are not limited to: 0 Potential transmission of HIV or STD when the condition is known but undisclosed. Inducing incapacitation with the intent to rape or sexually assault? regardless if the sexual offense takes place alcohol, date rape drugs. etc.). Videotaping and photography for the purj ose of sexual arousal, sexual grati?cation, or sexual abuse without the knowledge and effective consent of all parties involved. 0 Voyeurism. All of the above definitions imply an absence of effectiv a consent. Effective consent is informed, freely and actively given mutually understandable words and/or actions; which indicate a willingness to do the 5 me things. at the same time. in the same way, with each other. ?Consent? is de?ned unde the California Penal Code 2002 Section 261.6 to mean ?positive cooperation in act or titude pursuant to an exercise of free will. The person must act freely and voluntarily an have knowledge of the nature of the act or transaction involved." In cases where there is an absence of mutually under andable words and/or actions, it is the responsibility of the initiator to ensure that they ha the consent of the other person(s). Consent for certain activities does not imply consent other activities, and at any time. regardless of what has previously occurred, consent In be withdrawn. The initiator should obtain consent before every stage of new sexual activ' y. The role of the initiator can change throughout the sexual encounter. Examples of ineffective consent include obtaining con ent through the use of fraud. actual or implied force in the form of physical violence, threat intimidation, or coercion. 0 Physical force exists when someone a 5 upon the subject physically by exerting control over the subject's body through violence, which can include punching, kicking, or restraining. - Threats exist where a reasonable pers would have been compelled by the words or actions of another to give per lission to sexual contact they would not have otherwise given. Examples in 'Iude threats to kill the subject, themselves, or to harm someone close 0 the subject. 0 Intimidation exists where someone use his or her physical presence coupled with menacing behavior to inti idate the subject(s) and no physical contact occurs, and/or knowledge of violent behavior coupled with menacing behavior of the respondentt reatens the complainant. Coercion exists when the sexual initiat pressures the subject(s) in a manner that is oppressive and violates norms of respect to engage in unwanted sexual behavior. An individual is incapable of giving effective consent when slhe is physically incapacitated as a result of alcohol or drug consumption, whether it is involuntary, or is unconscious. 60 Code of Student Conduct unaware, or physically helpless. Individuals may not engage in sexual activity with another who is physically incapacitated. A person is unable to give effective consent when they lack the ability to determine that a situation is sexual. and/or cannot rationally appreciate the nature and extent of that situation. A minor is never capable of giving effective consent. Silence, previous sexual relationships and/or current relationship with the respondent (or anyone else) may not be taken to imply consent. A person who is subjected to physical or sexual aggression is not required to actively resist. Intentional use of alcohol/drugs by the respondent is not a reason and/or an excuse for violation of the Student Code of Conduct. E. Misuse, theft, or abuse of College computer time or accounts. Violations of College computer policy will be heard as normal disciplinary or judicial proceedings. Violating College policies and relevant laws described in the Student Handbook, including but not limited to policies on: Alcoholic beverages: See the College Alcohol and Drug Policy section of this handbook and the section on state and local alcohol laws. Students are always encouraged to seek immediate and appropriate assistance and medical attention in alcohol or other drug related emergencies. Students that experience an alcohol and/or other drug related hospitalization will not be subject to punitive measures; this does not preclude educational or rehabilitative measures. Students who appropriately and cooperatively assist another student in receiving medical attention will not be subject to disciplinary proceedings for their actions. Illegal drugs: See College Alcohol and Drug Policy section of this handbook and the section on state and local drug laws. Sexual harassment: See Sexual Harassment Policy and Procedures section of this Code. Sexual assault: See Claremont Colleges lntercampus Sexual Assault Policy Statement as well as section of this Code. Computer use policy: See Computer User Agreement. Fire and safety: See Fire Safety Regulations. Outdoor art: See Public Art Policy. Knowingly aiding another person in any violation of the Code of Student Conduct: No student shall knowingly aid another person in the violation of any rules contained in this Student Handbook. IV. Special Powers A. Violations of Law: Whether through administrative or Judicial Council action, the College reserves the right to impose sanctions against students for conduct that may violate any federal, state, or local law on or off campus. even though such crimes may also be tried in the local courts. When a student is charged with a legal violation and College disciplinary action is also taken. campus proceedings may be carried out prior to, simultaneously with or following civil or criminal proceedings. The College?s V. The College Judicial Council A. Code of Student Conduct 61 proceedings are not bound by any determinations of fact or law made in any civil or criminal proceedings. Interim Suspension: Any student who, in the judg ment of the Dean of Students or his/her designee, presents a clear and present dnger to the health, safety and/or welfare of the College community is subject to pension from the College by the Dean of Students or his/her designee on an inte basis, pending a hearing by the Judicial Council. Such a suspension does not prjudge that a violation has occurred. Interim suspension will be followed by speedy acess to a full and fair hearing. 1. A student whom a Dean of Students or his/h designee has placed on interim suspension pending a hearing may appeal ch suspension to the President. The President shall issue her/ his decision 0. such an appeal to the student in writing. 2. Should Judicial Council in a hearing find tha ino violation of the Student Code occurred, the interim suspension shall be Iiftd. Search of Rooms: Pitzer College respects the vacy of members of the College community. However, the College reserves the to conduct searches of residence hall rooms if reasonable cause exists 0 believe that (1) activity is taking place which is detrimental to the health. safety, welfare of the Pitzer College Community, or (2) activity is taking place which onstitutes a violation of the Code of Student Conduct. Determination of reasonable cause is to be by the Dean of Students (or. in his/her absence, the Associate and/or Assistant Pean of Students). Every effort will be made to have present the student whose r0 is being searched. In addition, rooms may be entered for routine cleaning servi - es and/or to inspect or repair plumbing, electrical, heating and cooling syste -. or room furnishings. Campus Emergency Policy: The President of Pi er College and in his/her absence the Dean of Faculty or Vice President for Admin tration shall have authority to deal with any emergency that may arise on campus .: nd to employ such means including the employment of counsel for this purpose. Jurisdiction: The Judicial Council shall hold hea rings. make determinations of fact and impose sanctions on those determined to - in violation of the Code of Student Conduct. The College Judicial Council shall not lhave appellate jurisdiction. If having completed a hearing, the Judicial Council ?nds hat the respondent should be sanctioned for violating the Code of Student deuct, the respondent may ask for a review of that decision by the President. In se i al offense cases only, the complainant may ask for a review of the decisi by the President. 1. Any member of The Claremont Colleges cmmunity may bring a complaint against a Pitzer student to the Pitzer De of Students Of?ce. The Dean of Students Of?ce will attempt to resolve the :ase, if possible, including in some instances offering the respondent the option of having an administrative review 62 Code of Student Conduct (see Section II). If the complaint cannot be resolved, or if the respondent or the Dean of Students elects a Judicial Council hearing, the Dean of Students will forward the case by preparing a written charge to the Judicial Council. 2. lntercampus complaints. When Pitzer students are on the campus of another of The Claremont Colleges, they are expected to respect the regulations of that College as well as those of their own College. If a student of another College violates the regulations of the host College, judicial action may be brought against that student at his/her home college. The name of any students concerned, along with all pertinent information. will be sent to the Dean of Students of the College involved. 3. As a temporary measure, the administration of the host College may, at its own discretion, prohibit a student from coming onto its campus until judicial proceeding at the student's home college is complete. Such a prohibition shall be communicated to the student through his/her home college at the request of the host College. 4. In cases coming before the Judicial Council the Dean of Students Of?ce shall formulate the charge, which shall be a written statement giving the relevant regulation or policy that has been allegedly violated and the speci?c behavior or sequence of behaviors alleged to have violated that regulation or policy. The respondent will receive written notice of any violation according to the procedures outlined in Section Composition: The College Judicial Council shall consist of ?ve student members in good academic and disciplinary standing, not subject to recall (who shall be elected by the student body). Faculty members will be selected forjudicial hearings based on those that are available and not currently serving on the Faculty Executive or Appointments, Promotion and Tenure Committees. As much as possible, faculty and student members should represent the diversity of the student population. To that effect Student Senate should make every effort to seek appropriate gender balance and ethnic and other forms of diversity in the slate of student candidates for Judicial Council. Similarly, faculty members should be chosen with the goal of ensuring approximate gender balance and ethnic diversity. The Chair shall be elected from among the voting membership of the Council. A Dean from the Of?ce of Student Affairs will sit with the Council as an adviser on process and to represent the views of the College. 1. Quorum. Five members shall constitute a quorum of the Judicial Council for the purpose of meeting. For a hearing, a quorum shall consist of ?ve members, including at least two faculty members and two student members. 2. Prior to the hearing, the respondent and the complainant will be noti?ed of the names of those members of the Judicial Council who will be hearing the case. If either objects to any member or members of the board, he or she may write to the Dean of Faculty requesting that those members be replaced. The letter must include an explanation for the objections. Removal from the hearing board will occur if and only if the Dean is convinced after investigating that absence of impartiality would result in an unfair hearing by allowing that member/those members of the Judicial Council to adjudicate the incident. Code of Student Conduct 63 Requests for removal shall not be revealed to members of the Judicial Council. If there are insuf?cient numbers of faculty/ stu ?dents to reach a quorum, the Deans of Faculty/Students shall appoint an ad hoc teplacement from among the faculty/students who have received Judicial Council training before the hearing. 3. Noti?cation. The Pitzer College Code of Stuc ent Conduct and rights of students will be published in the Student Handbook ch year. 4. Reports. The Judicial Council shall report at Est once a yearto the College Council the numbers and types of cases he lrd, the difficulties it has encountered, the recommendations made hd sanctions imposed. the appeals made to the President. and the decisions 0 the President. These reports are for the purpose of informing the Pitzercom funity of the general nature of its judicial problems and shall avoid identifying he persons involved. 5. Training. The Dean of Students Of?ce shall. esign and be responsible for providing ongoing comprehensive training, i consultation with appropriate professional external agencies, in sexualo enses. hate crimes, and other relevant topics to members of the Judicial VI. Rights of Students Charged. (Bylaws, Art. VII. in a judicial proceeding shall have the following ri . 7.7) Each respondent involved ts: - Right to be presumed innocent until proven Ity. 0 Right to be informed, in writing, of the charge against her/him and in suf?cient time to prepare for judicial proceedings. 0 Right to a speedy hearing or administrative pr cedure. 0 Right to have a formal hearing before Judicial ouncil for any alleged violation of the Code of Student Conduct. 0 Right to a hearing separate from that of anoth - Right to be assisted in her/his defense during adviser of her/his choice who must be a stud Claremont Colleges. 0 Right to consult an adviser of her/his choice is a member of The Claremont Colleges and i Student Conduct. 0 Right to face the person who has brought con plaints against him/her (the ?complainant?). 0 Right to refuse to respond to questions that a self-incriminating. - Right to call material and up to two character witnesses from the College community. 0 Right to be free from a re-hearing for the sam alleged violation. 0 Right to be free of penalty or sanction if founc not responsible for violation of the Student Code. 0 Right to reconsideration of a decision on spei i?c grounds (grounds for appeal are violation of a student's rights as set forth in th a Code of Student Conduct. insuf?cient or compelling new information. an d/or severity of the sanction). respondent. Judicial Council hearing by an t, faculty. or staff member of The -ior to an administrative hearing, who knowledgeable about the Code of 64 Code of Student Conduct VII. Judicial Council Hearing Procedures A. Purpose: The following are guidelines for conduct of Pitzer College Judicial Council hearings. This process does not intend to duplicate or imitate criminal or civil legal procedures. Instead, the guidelines are meant: to provide constructive, just and prompt investigations and resolutions of complaints alleging violations of Pitzer College Code of Student Conduct, and to provide fair treatment for all parties involved in disputes, those who have complaints as well as those against whom complaints are made. Pre-Hearing Procedures: Complaints of alleged violations that are being referred to Judicial Council for hearing shall be written and delivered to the Judicial Council Chair by the Dean of Students. Within two class days, the Judicial Council Chair shall arrange for a copy of the charge to be delivered in person to the respondent, as well as to the complainant(s) or victim(s). The copy to the respondent will constitute his/her formal noti?cation of the charge(s) against him/her and the intent to hold a Judicial Council hearing. This written noti?cation will include the complaint(s) against the respondent; the speci?c policies and portions of the Code of Student Conduct the respondent has allegedly violated; his/her rights as guaranteed in Article VII. Section 7.7. Pitzer College Bylaws; the nature of the information which will be presented against him/her, as well as any written or recorded statements obtained during the Dean of Students Of?ce investigation, and the sanctions which could be applied if he/she were found in violation of the Code of Student Conduct. The respondent has the right to have an adviser from The Claremont Colleges at the hearing who may be faculty, student, or staff. In order to aid in obtaining support, the reSpondent may request that the Dean of Faculty appoint a faculty member to advise him or her in contacting witnesses and in other matters related to the complaints. If the charges are serious enough that they might result in suspension or expulsion from the College, the respondent is particularly advised to select an adviser to be present during the Judicial Council hearing. The Judicial Council Chair sets a date for the hearing. Under normal circumstances the hearing should be scheduled for a date not fewer than ?ve or more than twenty-?ve class days from the time the respondent was ?rst formally notified of the charge(s) against him/her. The Judicial Council Chair shall inform both the respondent and the complainant(s) or victim(s) of the time, place and date of the hearing. It is the responsibility of the parties to inform their respective advisers of this information. The victim(s) or complainant(s) will have available to them all information sent to the respondent by the Judicial Council Chair at the same time as the respondent is noti?ed. Under extreme circumstances, either the respondent or the complainant may request waiver of the time limit for a hearing in writing to the Judicial Council Chair. A decision on the request will be made by the Judicial Council. All parties will then be noti?ed of the date, time and location of the rescheduled hearing. C. Hearing Procedures: Code of Student Conduct 65 The respondent shall be informed of his/her rights and shall have an opportunity to speak and to present inform ion in his/her behalf. Should the respondent, having been properly noti?ed 0 he date, time and place of the hearing, fail to appear at the time and place $peci?ed, the hearing shall proceed in the same manner as if s/he were presen unless the Judicial Council decides by majority vote to postpone the he ring. No member of Judicial Council shall join or join deliberations after a hearing has begun. No member may be excused fr a hearing once it has begun except for good cause and by a majority vot of the other members present, and then only if such action does not violate the uorum provisions of Section V.B.1. above. No member of Judicial Council who Iras not been present for the entire hearing shall participate in the decision ori subsequent discussion of sanctions. Judicial Council shall consider only informat on introduced at the hearing, before Council. Normally this will include a written tatement from the complainant, from the respondent, and from any witness s; it may also include responses to questions given during the hearing. Writt statements will be considered only when the respondent is aware of their ontent and of the names of those individuals who have made the statements nd only when the student making the statements appears before the Judicial ouncil to answer questions about the statements. Character witnesses, if any, may state their knowledge of the character of the respondent, but must refra from comments on the character of the claimant(s). Except as provided under Section VII.C.6. low, only one witness shall be allowed in a Judicial Council hearing at an one time. All questions during the hearing shall be a ed by or to Judicial Council members. The purpose of the hearing is to conduct a trial but to gain as full and fair an account as possible about alleged violation and to determine whether a violation of the Student Code of onduct has occurred. The respondent and the complainant(s) shall ve the right to suggest questions to the Chair to be asked by Judicial Council embers, but only Judicial Council members shall directly question the respon ent, complainant, or the witnesses. The Chair, in consultation with the Judicial ouncil, may modify the question process to facilitate the proceedings. The hair may exclude irrelevant and unduly repetitious information. Normally, th hearing conforms to the following order of procedure: a. Presentation of the written charge from the Dean of Students Office, questions from Judicial Council members to the Dean of Students designee and/or the complainant(s) 'egarding the complaint. b. Statements of witnesses on behalf 0 the complainant(s); questions from Council members to the witnesses. c. Statement of the respondent; questi >ns from Council members to the respondent. 66 Code of Student Conduct D. 10. d. Statements of witnesses on behalf of the respondent; questions from Judicial Council members to the witnesses. e. At the option of the Council, a second round of questioning of the complainant(s) and any supporting witnesses a majority of the Council wishes to hear in rebuttal. f. At the option of the Council. a second round of questioning of the respondent and any supporting witnesses a majority of the Council wishes to hear in rebuttal. 9. Close of the hearing. The person(s) bringing the complaint and the respondent shall have the right to be present during presentation of evidence and questioning of witnesses. S/he also shall have the right to be accompanied by an adviser of her/his choice, who must be a student, faculty, or staff member of The Claremont Colleges. In all Sexual Offense cases, the complainant shall be offered the opportunity to participate in the hearing without directly facing the respondent. If so requested, the Judicial Council Chair shall make appropriate arrangements. For example, the room may be partitioned so that the complainant and the respondent do not see each other. In any case, the respondent and the complainant and/or their advisers shall have the opportunity to hear the testimony. have questions asked of the other party during the hearing process, and to hear responses. No actions shall be taken in a Judicial Council hearing which would impede the orderly conduct of the hearing. Disruption of the Judicial Council is a violation of the Code of Student Conduct. The Chair may at any time recess a hearing to provide for gathering additional information or simply to provide a break in the hearing or deliberation. A verbatim record (such as a tape recording) shall be made of every Judicial Council hearing. This record shall be kept in the Dean of Students Of?ce and shall remain confidential. although it may be made available upon request to the respondent. The record shall be destroyed ?ve years after the respondent?s graduation or withdrawal from Pltzer College. The hearing shall be closed. Decision and Sanctions: The decisions of the Judicial Council shall be based solely upon information introduced at the hearing, before the Council. In determining sanctions the Council shall consider the nature of the violation and the circumstances under which the violation occurred. The Council may consider the previous conduct record of the respondent with respect to the application of sanctions only. When a sanction requires a period of time for completion, the deadline for completion shall be specified. The respondent must report to a designee of the Dean of Students when he or she has completed the sanction. The case is not complete until the sanction has been completed and cleared by the Dean of Students Of?ce. The Judicial Council will not monitor or reconsider a sanction once it is imposed. The decisions of the Judicial Council shall be based on a standard of a preponderance of the evidence presented. The direct statement of a witness, including the complainant, the victim, and th suf?cient proof of any act. Statements made for bias. plausibility, credibility, and consister information. Any relevant information may Code of Student Conduct 67 respondent may be taken as by any witness must be evaluated cy along with other available admitted if it is the type on which reasonable persons are accustomed to rely in the conduct of serious affairs. Unruly, irrelevant or unduly repetitious info ation may be ruled out of order by the Chair. The decisions of the Judicial Cou oil and its imposition of sanctions shall be reached in closed session by a majo case of a tie. ity vote. The Chair shall vote only in If it ?nds that a violation of the Code of Student Conduct has occurred, Judicial Council shall consider the nature of sanction to be imposed. At this phase of deliberation, the Dean of Students or designee may provide the Council with historical information on the past conduct re history of sanctions in similar cases. :ord of the respondent and the Sanctions normally considered include (but are not limited to) the following: compelling a student to exhibit a. Disciplinary probation: Formal notice good behavior during a speci?ed pro the probationary period may result in from the College. b. time. the privilege of on-campus resid c. Full Suspension: Temporary separatic period of time. The terms of the susp and may include special conditions suspension and/or special conditions student's return to the College d. Expulsion: Permanent separation fro Other sanctions. In addition to the sanctions impose disciplinary sanctions which are not Ii 11 bove, the Judicial Council may ted above. ationary period. Violations during temporary or permanent separation Removal from residence and/or board: Revoking, for specific period of ence and/or campus meals. from the College for a speci?ed ansion shall be set by the Council wich must be satis?ed during the which would be in effect upon the the College. Expulsion is mandatory when a student is fou nd in violation of the code on the charge of rape. A sanction of expulsion will be strongly considered in cases of gender-related physical assault. Rehabilitative activities. In addition to any sai ction, the Council may recommend rehabilitative activities undertaken by a stude participation in drug or alcohol abuse progra Noti?cation of decision. The respondent shal class days following the hearing, of the Judi including community service. 3, etc. be noti?ed in writing. within two ial Council?s decision and recommended sanctions. if any. Written notif ation shall include a summary of the reasons for the decision and an explan tion of any sanctions imposed. In sexual offense charges only. both the resp receive written noti?cation of the allegations i investigative steps that were conducted, a su basis for the determination, and remedial act respondent was found responsible for violatir will offer counseling services and academics - ndent and the complainant will tvestigated, a description of the 'nmary of the facts of the matter. the ons that will be required if the the policy. Furthermore. the College upport to all parties involved. 68 Code of Student Conduct In the case of an alleged sexual offense, intercollegiate policy and the California Educational Code require that the complainant(s) and or victim(s) who have been parties to the case and other appropriate College of?cials will be notified about its disposition within three days. In cases of alleged physical assault or alleged harassment. the complainant will be notified of the outcome and relevant sanctions (if the respondent is found responsible) within three days of the conclusion of the hearing. E. Appeals Procedure: 1. Judicial Council decisions and sanctions are expected to be ?nal. On specific grounds, the respondent may request that the President reconsider the Judicial Council?s decision. The appeal must be made in writing, and must be made within ?ve class days of written noti?cation to the student of the Judicial Council's decision. Grounds of appeal include violations of the student?s rights as set forth in the Code of Student Conduct, insuf?cient or compelling new evidence. and/or severity of the sanction. For sexual offense charges only. the complainant may request that the President reconsider the Judicial Council's decision as described below. No more than ?ve class days after receiving the written appeal and a completed transcript of the hearing, the President shall communicate her/ his decision on any appeal to the respondent, the complainant and the Judicial Council Chair. If the President modi?es the imposed sanction in any way, she/he shall communicate that fact and the reasons for making such a modi?cation to the respondent, the complainant and the Judicial Council Chair. The decision of the President shall be ?nal. Except as required to explain the basis of new evidence, an appeal shall be limited to review of the verbatim record of the initial hearing and supporting documents for one or more of the following purposes: a. To determine whether the original hearing was conducted fairly in light of the charges and evidence presented and in conformity with prescribed procedures giving the complainant a reasonable opportunity to prepare and present evidence that a violation occurred and giving the respondent reasonable opportunity to prepare and present a rebuttal of these allegations. b. To determine whether the decision reached regarding the charged student was based on substantial evidence, that is whether the facts were sufficient to establish that a violation of the Code of Student Conduct occurred. c. To determine whether the sanction(s) imposed was appropriate for the violation. d. To consider whether there is new evidence, suf?cient to alter a decision, or other relevant facts not brought out in the original hearing, because such evidence and/or facts were not known to the person appealing at the time of the original hearing. Code of Student Conduct 69 F. Con?dentiality: All information pertaining to inves igations and hearing proceedings is con?dential and shall be shared only by Judicial Council members. The Judicial Council Chair may. however, share such informa ion with individual members of the College administration and staff on a need-to-km basis. ?Need-to-knoW? is defined as information necessary to carry out the College judicial process. Community Noti?cation: Within ?ve class days a and appeal (if any) to the President, the Judicial I Pitzer community (and, in cases involving compl Colleges, the home colleges of said complainan er completion of a judicial hearing ouncil may publicly inform the inants from the other Claremont of its decision, sanctions imposed and the action of the President. In cases in whic the respondent has been found in violation of the Code of Student Conduct. publici student) shall be at the discretion of the Preside (including the name of the . In cases in which the respondent was found not to have violated the code, such blicity shall be at the discretion of the respondent. 1. Records of Judicial Council decisions a the student?s disciplinary ?les (those mai Records and Enforcement of Disciplinary Action sanctions shall become part of tained in the Dean of Students Of?ce) and shall be kept for a period of ?v (5) years after the student's graduation or separation from the Colleg 2. At the discretion of the Dean of Students i consultation with the Judicial Council. proceedings may continue with enrolled. the student being currently 3. No student shall be graduated while a co Plaint brought against him/her is pending before Judicial Council. No stud shall be graduated without first ful?lling the terms of a disciplinary sancti n. 4. The Dean of Students Of?ce shall be resp sible for enforcing disciplinary sanc?ons. 5. Any student on whom a sanction has be imposed may include in her/his student record a written response conceriing the decision and sanction. Additional Information and Resources: The College encourages any member of the College community who experiences any form of violence to immediately contact the Claremont Polii Department by contacting Campus Safety (909-607-2000) if they are on campus or by dialing 911 if they are off campus. An individual who wishes for the details of the inciden to remain completely con?dential may speak with certain College of?cials who, by law. not disclose the details of an incident. These of?cials Monsour Counseling and Services sta Tranquada Student Services Center. 1St ?oor 757 College Way 909-621-8202. 909-607-2000 (after hours emergency) nay maintain con?dentiality and may ?nclude: General College Policies 89 those arrested. 3. In a non-peaceful situation that poses a threat to public safety. the police role is altered. Actions that endanger or threaten to endanger persons or property may result in police intervention, arrests and charges even if not initiated by College of?cials. Non-peaceful situations may be policed and prosecuted without College involvement. 4. When police are called to manage or to intervene in a disruptive or non-peaceful incident. the situation becomes a police matter. The police will determine appropriate action -what steps it is necessary to take and what level of force should be used. Approved by the Council of The Claremont Colleges. August 28. 2001. This policy is not to be amended or changed without approval of the Council. Returned Checks If a check remitted to pay a student account is returned unpaid. a $50 returned check charge is assessed. Sexual Harassment Policy and Procedures I. Policy Policy Statement: It is the policy of Pitzer College to maintain the College community as a place of work and study for students. faculty and staff free of sexual harassment and all forms of sexual intimidation and exploitation. It is fundamental to the concepts of academic freedom and equal opportunity that each member of the College community be treated with dignity and without regard to any factor irrelevant to participation in the activities of this community. It is further the policy of the College to prevent. correct and remedy sexual harassment. All students. faculty and staff are subject to this policy. Persons who are not employees of the College but who perform work at the College for its bene?t (such as contractors and their employees, temporary employees provided by agencies. visitors engaged in joint projects. etc.) are required to comply with this policy. Violation of this policy by such persons is likely to result in their being barred from the workplace upon the ?rst offense. All members of the College community are encouraged and expected to make it known through the avenues identi?ed below, whenever they experience or witness sexual harassment as de?ned below. Likewise. all members of the College community are encouraged and expected to make it known through the avenues identi?ed below. whenever they have knowledge that false charges of sexual harassment have been made. Individuals who have been judged to violate this sexual harassment policy will be subject to appropriate corrective action. which may include. but is not limited to. written warning. transfer. suspension. or dismissal. Reprisals against an individual who in good faith raises a concern or makes a charge about behavior that may violate this policy are against the law and will not be tolerated. Intentionally false charges are grounds for discipline and may constitute just cause for dismissal. After investigating complaints of General College Policies harassment under this policy, the College may impose disciplir conduct that comes to the College?s attention, without regard tc constitutes a violation of law. Pitzer College is committed to the principles of free inquiry and ie for inappropriate whether the conduct ree expression. Vigorous discussion and debate are fundamental to the College, and this policy is not intended to sti?e freedom of expression nor will it be permitted to do so. What is Sexual Harassment Sexual harassment consists of un sexual advances, requests for sexual favors. and other visual, of a sexual nature: anted and unwelcome erbal. or physical conduct 1. When submission to such conduct is made either expli ?itly or implicitly a term or condition of an individual's employment, academic staJLs. or progress; or 2. When submission to, or rejection of. such conduct by the individual is used as the basis for employment or academic decisions or evaluations affecting the individual; or 3. When the conduct has the purpose or effect of creating an intimidating. hostile. or offensive work, educational, or student living environme nt; or 4. When submission to, or rejection of, the conduct by the ndividual is used as the basis for any decision affecting the individual regardinlii bene?ts and services, honors. programs, or activities available at or through The determination of what constitutes sexual harassment depe Ditzer College. ids upon the specific facts and the context in which the conduct occurs. Sexual harassme may take many forms. It may be subtle and indirect, or blatant and overt. It may be cond ct affecting an individual of the opposite sex or conduct affecting an individual of the sa between peers or between individuals in a hierarchical relationsh is always whether the conduct is unwelcome to the individual to regardless of the intentions of the actor. Sexual harassment may include unwelcome verbal comments, sex. It may occur p. An important question hom it is directed. written harassment via notes. letters, or electronic mail messages and displays on publilr: workstations. Coercive behavior, including suggestions that academic or employment re follow the refusal or granting of sexual favors, constitutes gros Drisals or rewards will misconduct and will not be tolerated; a single incident of coercive behavior could be gr unds for discharge or expulsion. Sexual harassment usually involves sexual advance that are repeated and unwanted. Consensual Relations Policy. The College recognizes and indivi uals should be aware that consensual sexual relationships can result in claims of sexu I harassment because the degree to which consent is voluntary may be questioned when a If a sexual harassment claim is ?led following what one or both initially viewed as a consensual relationship. the consent is eval differential. Sexual relationships between employees and their supervisor or members with whom they also have an academic or evaluative power differential exists. fthe parties may have Jated in light of this power students and faculty relationship are fraught General College Policies 91 with the potential for exploitation. The respect and trust accorded a professor by a student or a supervisor by an employee, as well as the power exercised in an academic or evaluative role, make voluntary consent suspect. Even when both parties initially have consented, the development of a sexual relationship renders both parties and the College vulnerable to possible later allegations of sexual harassment in light of the signi?cant power differential that exists between them. In their relationships with students and staff members. faculty and supervisors are expected to be aware of their professional responsibilities and avoid apparent or actual conflict of interest, favoritism, or bias. Sexual relationships that involve a faculty member who exercises active and immediate authority over a student, as in the case of a faculty member and a student currently studying with the faculty member and/or an adviser and advisee relationship. are prohibited whether or not the relationships are consensual. The same is true of a supervisor/employee relationship. A supervisor and faculty member must remove him/herself from positions of active and immediate authority over the employee or student before a sexual relationship begins. The College has the right to take disciplinary action, up to and including dismissal, against a faculty member or supervisor for participation in a relationship which involves such a con?ict. In the case of a sexual relationship in which the parties believe that the restrictions of the preceding paragraph do not apply, it is the obligation of the supervisor or faculty member, because of his/her position of authority, to take all necessary steps to remove herself/himself from professional or institutional actions, such as providing recommendations or participating in the awarding of departmental prizes. performance reviews or promotions. which affect the student and/or employee. Before a sexual relationship develops, effective steps must be taken to ensure unbiased evaluation and supervision of the student or employee. Failure to do so may result in disciplinary action, the level of which will depend on the severity of the potential or actual conflict. These requirements also apply to past sexual relationships. Faculty members, students, supervisors and staff members are encouraged to seek assistance and guidance from the Dean of Faculty, Dean of Students or Director of Human Resources to ensure compliance with this Policy. Because consenting relationships may in time lead to liability for the College and the individual faculty member or supervisor, based on claims of harassment, the College will not approve such relationships. It should not be assumed that because a person in authority at the College has knowledge of the relationship that the College has condoned the relationship. Disciplinary action for a consenting relationship, if taken, will be conducted in accordance with the procedures and standards specified in this policy. Additionally, as stated in the policy, intentionally false charges are grounds for discipline and may constitute just cause for dismissal. Glossary: In addition to ?sexual harassment" which has already been de?ned, there are other terms such as ?concern? and ?charge.? that are used in a somewhat technical way throughout this document and are de?ned below: 92 General College Policies A concern is a question or problem involving alleged sexual ha conduct that an individual wants to discuss without (yet) havi assment or similar made the decision to pursue the matter further. The reason for distinguishing betweEn concerns and complaints is that members of the College community should behavior that may constitute sexual harassment even ifthey are able to get advice about not certain that it violates this policy, or that they want to take action. Peer Counselors are prepared to discuss concerns related to sexual harassment. A charge is an assertion that a named individual has violated this policy. A charge may be lodged by ?ling a complaint with one of the Designated Of?cials. using informal or formal resolution procedures. A complainant is an individual making a charge; the complainan identi?ed to the person being charged if necessary to investig complaint. A respondent is the individual(s) against whom a charge has Informal resolution of a concern or a charge means an outcome must consent to being te and resolve the ltleen made. achieved by advising, mediation. or other informal processes, rather than through the College?s formal resolution procedure. Formal resolution of a charge means an outcome achieved by designated college of?cials, all of whom have received training sexual harassment. Desiqnated Colleqe Of?cials Student Contact: Dean of Students Scott Hall x72821/18241 Faculty Contact: Dean of Faculty Fletcher 208 X18217 Staff Contact: Director of Human Resources McConnell 312 X18254 the Hearing Committee and or handling charges of Peer counselors are the two volunteers available to each constituent group (staff. faculty and students; one of each gender) to serve as advisers in ?rst iiscussing what has occurred and to make initiating or responding to a charge of harassment as non- threatening as possible. Peer Counselors are not required to discussions with peers. Their role is to provide assistance to complaint should they wish to pursue a concern of sexual hare Designated College Of?cials. Peer Counselors are prepared to alleged sexual harassment. eport information from their eers who have a valid ssment with one of the discuss concerns involving General College Policies 93 The Hearing Panel will consist of eighteen people who have received training for handling charges of sexual harassment: at least one female and one male representative from each group, all appointed by the President, in consultation with the Faculty Executive Committee, in the following manner: Faculty: 1 - from the Judicial Council 5 - from the faculty at large Staff: 1 - Pitzer representative to the Staff Grievance Committee 5 - from the staff at large Students: 1 - from the Judicial Council 5 - from the student body (Chair to be designated by the President) Hearing Committee: The Chair of the Hearing Panel will select ?ve individuals. who to the extent possible are acceptable both to the complainant and to the respondent. to serve as a Hearing Committee for each individual case. The Chair will ensurethat each committee consists of at least two females and two males. The ?ve-member Hearing Committee will be composed as follows: Conflict Committee Composition Faculty 3 Faculty - Faculty 1 Staff 1 Student Staff 3 Staff - Staff 1 Faculty 1 Student Student-Student (See the Code of Student Conduct) Faculty 2 Faculty - Staff 2 Staff 1 Student Faculty 2 Faculty - Student 2 Student 1 Staff Staff 2 Staff - Student 2 Student 1 Faculty ll. Procedures for Dealing with Sexual Harassment: Procedures: Anyone may seek advice. information. or counseling on matters related to alleged harassment without having to lodge a complaint. Persons who believe they are being harassed, or are uncertain as to whether what they are experiencing is harassment, are encouraged to talk with one of the constituent group's peer counselors. At least two peer counselors (one of each gender) will be available to each constituent group (staff, faculty and students) to serve as advisers in ?rst discussing what has occurred and to 94 General College Policies make initiating or responding to a charge of harassment as nor -threatening as possible. However, faculty members or supervisors who acquire knowledge of an alleged sexual harassment incident involving a student are obligated to report "he incident to one of the Designated College Of?cials. Supervisors who become aware 1)f a staff member being harassed are also obligated to report. The names of the six or more peer counselors and hearing panel members will be published and distributed every year. The person seeking information and advice will be counseled an the options for action available under this policy. Information disclosed through this pe advising process will be held in con?dence, unless the initiating individual agrees that add ional people must be informed in order to facilitate a solution. However, once an indiv ual has been named to a Designated College Of?cial as an alleged harasser, the College I take investigative and/or remedial action in response to information provided?to peer cou selors. An initial course of action for any faculty, staff, or student wh believes that s/he is being sexually harassed, is for that person to tell or otherwise nforrn the alleged harasser that the conduct is unwanted, unwelcome and must stop. Ho ver, in some circumstances this course of action may not be feasible or be unsuccessful. The College provides both informal and formal complaint resolutio procedures. The complainant may choose either procedure for a resolution. (N e: Student-Student cases will be handled according to The Code of Student Conduct.) Note: Student-Student cases alleging sexual harassment will handled according to these procedures. Sexual assault complaints involving a stud respondent will be handled according to The Code of Student Conduct. In addition, the resolution process may be commenced by the esignated College Of?cial any time the College becomes aware of conduct which may considered a violation of this policy. Upon receipt of a complaint alleging sexual harassment prohi ited by this policy, or at the time that the Designated College Of?cial initiates the resoluti process, the Designated College Of?cial may make a determination whether interim ac on, pending the conclusion of the investigation, is required. Such action may include tem rary transfer or reassignment to separate the individual accused of sexual ha ssment from the complaining individual, paid leave of absence, or other non- unitive measures that, in the discretion of the Designated College Of?cial. are necessani or appropriate for the completion of the investigation and resolution process. identiality of any information However, in some a thorough and fair Con?dentiality. The College will endeavor to maintain the con provided to the College regarding alleged sexual harassment. instances, information must be disclosed in order to conduct investigation. Accordingly, the College cannot guarantee that wforrnation provided to it regarding alleged harassment will be kept con?dential if that iiwformation must be disclosed in furtherance of an investigation. Any individual who particip tes in an investigation of alleged sexual harassment pursuant to this policy, including individual complaining of sexual harassment, accused of sexual harassment or witnes to the alleged sexual harassment, is expected to maintain the con?dentiality of all iscussions regarding the General College Policies 95 alleged harassment and regarding any investigation or corrective action taken by the College. Informal Resolution: This informal procedure is intended to resolve an actual or perceived instance of sexual harassment short of a formal hearing. If the complaint is not resolved informally, either the complainant or the designated college of?cial will initiate a formal resolution process. The aim of an informal resolution is to ensure that the alleged offending behavior ceases and that the matter be resolved. The charge is resolved when the complainant, the respondent and the designated college of?cial are in agreement as to a satisfactory conclusion. The informal resolution process will not normally take more than four weeks. Examples of informal procedures to resolve a charge of sexual harassment may include but are not limited to: a. A meeting between the Designated College Of?cial and the alleged harasser; b. A meeting with the Designated College Of?cial. the complainant and/or an informal advocate (such as a friend or colleague but not an attorney) and the alleged harasser and/ or an informal advocate (such as a friend or colleague but not an attorney); c. A short series of such meetings; d. The use of a mediator if the complainant and the alleged harasser agree. The mediator should be a person with both legal and personnel or academic relations experience who is acceptable to both parties. He/she would discuss the issues with both principals and seek appropriate actions by one or both parties to reach an acceptable resolution. Satisfactory resolutions may include but not be limited to the following outcomes. not all of which are mutually exclusive: a. The respondent agrees to cease the offending behavior immediately. b. The respondent apologizes to the complainant. c. The respondent agrees to become more educated about sexual harassment by reading or attending a relevant workshop) or to seek counseling. d. The complainant agrees that the offending behavior was not intended to be offensive and the respondent agrees to be more conscious of possibly offensive behavior. e. The complainant agrees to withdraw his/her allegation of sexual harassment. f. The complainant or the respondent agrees to change his/her workplace assignment or educational environment. Formal Resolution: To initiate the formal resolution process, the complainant should inform one of the Designated College Of?cials that 3/ he believes that s/he has been the victim of sexual harassment and wants to ?le a charge. A formal resolution process, including immediate investigation and appropriate corrective action may also be initiated by the Designated College Of?cial, even in the absence of a formal complaint. In either case. the Designated College Of?cial will submit a written summary of the alleged incident to the Chair of the Hearing Panel who will select a Hearing Committee which will 96 General College Policies begin a formal investigation and determine whether a violation prohibiting harassment has occurred. >f the College?s policy The Hearing Committee should complete its work within sixty complainant's charge by the College. This time frame may be Ixtended due to complexity of the issues or with the consent of both parties. The Hearing Ilommittee will conduct a full, impartial and timely investigation, and will provide the resbndent with a written statement of the allegations, to which that individual will be req ired to respond in a timely manner. During the course of the investigation the Hearing Co mittee will hear the complainant. the respondent and relevant witnesses. To the tent possible, charges will be handled con?dentially, with the facts made available only those who have a need to know for purposes of investigation or resolution. ays of receipt of the At the conclusion of its investigation, the Hearing Committee which will detail the allegations, the evidence in the case. the evidence. the consistency of the testimony and the credibility determine whether there has been a violation of the College's harassment. On the basis of that determination the Committe actions or recommend that no further action be taken. ill prepare a written report ersuasiveness of the the witnesses, then icy prohibiting sexual will recommend corrective A copy of the Hearing Committee's report with its determinati be given to one of the following 'vice presidents who will revie president shall review the determination and recommendation and shall on that basis make a ?nal determination, with a writt resolution of the complaint. The vice president's review, dete explanation will be completed within two weeks of receiving th Hearing Committee. Where appropriate, the vice president ma Committee conduct further investigation if necessary to reach . vice president shall provide a copy of that determination to the espondent. the complainant, the Hearing Committee and the President. The py to the complainant will include a statement of the allegations that were investigated, a Idescription of the investigative steps that were conducted, a summary of the fac - of the matter, the basis for the determination, and possible remedial actions that will be uired if the respondent is found responsible for violating the policy. The vice presidents all not implement a corrective action for a period of at least two weeks from the da that these notices are issued in order to allow for the possibility of an appeal to the esident. Vice President I ill Be: V.P.lDean of Fa I ulty V.P. from the spondent?s Department V.P.lDean of St dents this information. The vice fthe Hearing Committee explanation, regarding mation, and written information from the request that the Hearing ?nal determination. The If the Respondent is: A Faculty member A Staff member A Student *In the event that a vice president is a respondent or compl nant in a charge of sexual harassment, the Hearing Committee will present its report of etermination and recommendations to the President. The Executive Committe of the Board will hear appeals. If the President is the respondent or complainant in a charge of sexual harassment, FEC will appoint a Hearing Committee. The Hear ng Committee?s report will be General College Policies 97 directed to the Executive Committee of the Board. without the Chairperson of the Board being present. Appeals will be heard by the Chairperson of the Board. Appeal Process: An appeal of the ?nal determination may be submitted in writing by either party directly to the President. but must be ?led within two weeks of the date that notice of the determination was issued to the respondent and to the complainant. (This requirement may be extended for good cause). An appeal must be based on the following: significant new evidence; procedural error. including the misapplication of policy or legal standards; bias of decision maker; or the harshness of the recommended sanction. The President will provide written notice of the appeal decision to the respondent, the complainant and the vice president within one week of the date upon which the President received an appeal. Corrective Actions may include but not be limited to the following, not all of which are mutually exclusive: a. A letter from the offender acknowledging the offense and apologizing to the complainant; b. A letter of reprimand to the offender; Mandated education regarding sexual harassment; d. A notice of the offense prepared and place in the personnel ?le or the student ?le of the offender; e. Suspension of the contract of employment or, in the case of a student, the enrollment and/or residence of the offender; f. Freezing of salary; g. Reallocation of responsibilities; h. Termination of employment or dismissal from the College. 9 False Accusations: Intentionally false charges are grounds for discipline and may constitute just cause for dismissal. Intercollegiate Offense: Contact your designated college official ?rst. Ordinarily. the resolution of an intercampus charge of sexual harassment by a faculty, staff, or student member of one college or Central Programs and Services against a member of another college or will be made using the established sexual harassment policy and procedures of the respondent's college or However. where appropriate or necessary, the College will take further investigative or corrective action to ensure a work or academic environment free of unlawful harassment for all members of the Pitzer College community. A designated individual at the complainant?s college or will assist the complainant in pursuing the charge through the respondent?s college. At the complainant request, a designated individual at the complainant?s college may accompany the complainant to the hearing at the alleged respondent's college. The respondent may have equal representation. Each college and will publish its procedures regarding sexual harassment, and make copies available in the of?ces of the academic deans. the student deans. the human resource of?cers and the presidents. 98 General College Policies Appendix What to Do About Sexual Harassment: If you feel you have been sexually harassed, do not remain harassment does not make it go away. Indeed, it may make it harasser may misinterpret a lack of response as approval of th several things that can be done to stop sexual harassment: Know your rights. Know your rights. Sexual harassment is illegal. Pitzer lent. Ignoring sexual orse as the alleged behavior. There are liege has a speci?c policy prohibiting sexual harassment. Familiarize yourself witln this policy. Speak up. If you can, tell the person to stop. State clearly and firm behavior to cease. This is not a time to be polite or vag the alleged harasser does not realize that a particular you feel you cannot speak up, talk with one of the reso brochure for further help and guidance. Get information and support. that you want a particular e. There is a chance that behavior is offensive. lf urce persons listed in this Designated college of?cials and peer counselors can pr about Pitzer?s policy and procedures. They can help yo avide support and advice understand your options and explore ways of resolving your particular situation. hey will review with you the informal and formal procedures available for dealin with issues of sexual harassment. If you choose to ?le a charge. it will be i vestigated by the appropriate designated college of?cial. Sexual harassm nt peer counselors can assist in informal resolutions which might include any 0 the following: Write a letter. Many people have successfully stopped sexual harass ent by writing a letter to the alleged harasser. The letter includes a factual acco nt of the offending behavior. a description of how the behavior was exper nced by the writer and a simple statement that the writer wants that particular ehavior to stop. The letter should be polite, low-key and factual. A copy should unlikely event that the letter fails to achieve its purpose. evidence in support of a charge or lawsuit. Copies sho If the letter is to work, it must be a private communica involved. The recipient of the letter rarely writes back an harassment stops immediately. Participate in a moderated discussion. It you request this (and the other party agrees) a mod set up to assist in resolving the situation. A more struct possible, if both parties agree. Initiate Informal and/or Formal Resolution. Use these procedures as described in the College?s Se) Keep records or a journal. Save any letters, email, or notes received as they can harassment persists. Record dates, places, times, witne kept by the writer. In the could be used as uld be sent to no one else. lion between the persons 3 usually the sexual rated discussion can be red mediation is also ual Harassment Policy. be helpful if the sses and the nature of the harassment- what was said and/ or done, when, and holw you responded. General College Policies 99 What Not to Do 0 Do not blame yourself. Sexual harassment is not something one brings on oneself. 0 Do not delay. Delay in action in cases of sexual harassment only increases the probability that the harassing behavior will continue 0 Do not hesitate to seek help. Being quiet about sexual harassment enables it to continue. Chances are very good that you are not the only one who has been harassed. Speaking up may prevent others from being harmed. Sexual Harassment, Academic Freedom and Free Speech: Pitzer College is committed to the principles of free inquiry and free expression. Vigorous discussion and debate are fundamental to the College. and this policy is not intended to stifle freedom of expression nor will it be permitted to do so. The College?s statement on academic freedom can be found in the Faculty Handbook at the end of the section on By-laws and Student Governance. Legal Authority: The College has the legal authority to maintain reasonable standards of conduct for members of the college community to promote the goals of the College, which include the maintenance of aworking and learning environment free of harassment. In addition. sexual harassment is a form of sex discrimination which is prohibited by Title VII of the Civil Rights Act of 1964, by Title IX of the Education Amendments of l972, and by the California Fair Employment and Housing Act. specifically Government Code Sections l2940 and Pitzer College's Equal Opportunity/ Af?rmative Action Policy also prohibits sex discrimination. Retaliation:Any attempt by a student, faculty, or staff member to penalize, intimidate, or retaliate in any way against a person who makes a report of or who is otherwise involved in reporting, an investigation of, or a hearing for alleged violations of the College's discrimination policies, including sexual harassment, is prohibited. Students who believe that they have been retaliated against for making a complaint/report or for cooperating in an investigation or hearing should immediately contact the Dean of Students Of?ce. Any person who retaliates against a person who has cooperated in an investigation and/or hearing is in violation of College policy and will be subject to disciplinary action. Retaliation against persons for opposing practices prohibited by the Fair Employment and Housing Act and Title IX, or for ?ling a complaint with, or otherwise participating in an investigation, proceeding or hearing conducted by. the Department of Fair Employment and Housing, the Fair Employment and Housing Commission, the US. Equal Employment Opportunity Commission, or the Of?ce of Civil Rights, is prohibited by law. Additional Legal Remedies: In addition to the internal remedies described above, remedies external to the institution are available through the California Department of Fair Employment and Housing. the United States Equal Employment Opportunity Commission. or the Of?ce of Civil Rights, United States Department of Education. For more information, 100 General College Policies you may contact any of these of?ces. The addresses and numbers of the of?ces in closest proximity to Claremont are: California Department of Fair Employment and Housing Los Angeles Of?ce 611 West Street, Suite 1510 Los Angeles. CA 90017 800.884.1684 Santa Ana District Of?ce 2101 East 4th Street. Suite 255-B Santa Ana. CA 92705 800.884.1684 United States Equal Employment Opportunity Commission 255 East Temple. 4th Floor Los Angeles, CA 90012 800.669.4000 Of?ce of Civil Rights, Department of Education 50 Beale Street, Suite 7200 San Francisco. CA 94105 415.486.5555 ocr.sanfrancisco@ed.gov Smoking Pitzer has adopted a smoke-free policy which includes all work places (including open and closed of?ces, classrooms and all residence halls); and all public areas (including the public areas of all the residence halls). Cigarette bins are residence halls and enclosed public areas. Soliciting The College does not allow soliciting, promoting. or selling ar anyone from outside the College unless they have written pern Student Affairs. Student Records, FERPA In compliance with the federal Family Educational Rights and the California Public Information Act. students at Pitzer Colleg following rights in regard to education records maintained 1. Students have the right to inspect and review educatic records in any format that directly identify the student records, which are maintained by of?ces throughout 1e Academic Policies 295 by the various of?ces of the be administered by additional privacy laws and regul cated 25 feet from the product or service by iission from the Of?ce of Drivacy Act (FERPA) and are assigned the ie College. records. Education College, are de?ned as nd are maintained afilege. Some records may ions that supersede CODE OF STUDENT CONDUCT Pitzer College 2012-2013 Student Handbook Preamble Pitzer College has a high respect for individuality among its students and acknowledges the right to explore, clarify and adopt individual values. The College makes no attempt to stand in loco parentis or to be responsible for the total life of its students. The College does, however, have the responsibility of encouraging an atmosphere where students, staff and faculty can effectively pursue the goals of education and community living. All students are responsible for their own behavior and how this behavior impacts the community. The Code of Student Conduct seeks to protect the rights of the individual and the rights of the community with fairness, integrity and respect for the goals of all. The Pitzer College Code of Student Conduct sets out definitions of rules and fair procedures within the Pitzer community. As members of this community, students are required to abide by all the policies and procedures of Pitzer College and The Claremont Colleges as well as all local, state and federal laws. It is each student?s responsibility to be aware of the content of the Code of Student Conduct as well as other policies of the College, which are published in the Student Handbook. This Code is reviewed periodically by the Judicial Council, which is composed of five students and five faculty members to reflect changes in community standards and is then adopted by College Council. Disciplinary authority for the Code of Student Conduct originates in the Board of Trustees, the President and the By- Laws of the College. The Judicial Council has authority to conduct hearings on charges of violations of the Pitzer College Code of Student Conduct, while the Office of Student Affairs is responsible for the administration of residential life policies and for enforcing the disciplinary policies of the College. Decisions made by the Judicial Council or an administrative review are generally final. However, an appeal may be made on specified grounds by the respondent, and in sexual offense cases. by the complainant as well. The sanctions imposed by the judicial process will remain in place unless and until the appeal is successful and the sanctions are overturned. l. Definition of Terms 1. The term "College" means Pitzer College. 2. The term ?student? includes all persons taking courses at Pitzer College, both full and part- time and those who attend The Claremont Colleges and who reside in Claremont Colleges? residence halls. Persons who are not of?cially enrolled for a particular term but who have a continuing relationship with Pitzer College are considered students. 3. The term ?faculty member? means any person hired by Pitzer College and appointed by recommendation of Faculty Executive Committee to conduct classroom or teaching activities. 4. The term "member of The Claremont Colleges community" includes any person who is a student, faculty, or staff member, College official or any other person employed by the College(s). 5. The term ?intercollegiate policy? means any of the several jointly adopted policies of The Claremont Colleges, which guide but do not supersede the procedures and policies of Pitzer College. 6. The term ?College-owned property" includes land, buildings, facilities and other property owned jointly or individually by any of The Claremont Colleges or property of any facility or institution owned by or affiliated with The Claremont Colleges. 7. The term ?Judicial Council? means the group of both faculty members appointed by the Pitzer College Faculty Executive Committee and student members elected by the student body of Pitzer College, who are authorized to hold hearings to determine whether a student has violated the Code of Student Conduct and to impose sanctions. 8. The ?Dean of Students Office? is the official or the designees of the College appointed by the Pitzer College President and empowered by the Judicial Council through the College By-Laws to be responsible for administration of the Student Code. 9. The term ?judicial proceeding? means the procedures of a student disciplinary action, (either a Judicial Council hearing or Administrative Review) after a formal charge of a specific alleged violation of the Code of Student Conduct is made. 10. The term ?shall? is used in the imperative sense. 11. The term ?may? is used in the permissive sense. 12. The term ?policy? is defined as the written regulations of the College as found in, but not limited to, the ?Code of Student Conduct,? the Student Handbook and the College Catalogue. 13. The term ?complaint? means the set of circumstances or events reported to or being investigated by the Dean of Students Of?ce, which may or may not lead to a written charge. 14. The term ?complainant? refers to the individual(s) initiating a complaint of a violation of the Code of Student Conduct, which may or may not result in a charge. 15. The term ?respondent? refers to the person against whom an alleged violation of the Code of Student Conduct is charged. 16. The term ?victim? refers to the individual(s) who has been harmed by the alleged violation of the Code of Student Conduct. 17. The term ?charge? means a written statement of the provisions of the Student Code alleged to be violated and the factual circumstances surrounding the alleged violation. ll. Judicial Authority: Dean of Students Of?ce A. Investigation and Resolution of Disputes: 1. Investigating. The Dean of Students Of?ce is responsible for enforcement of the Code of Student Conduct and for ensuring that the rights of all students are upheld. When a complaint is made against a student, the Dean of Students Of?ce shall conduct an investigation to determine if the alleged violation(s) has merit. Any student against whom there might be a charge of a violation of the Code of Student Conduct has all the rights enumerated in Section VI of this code. In addition to these rights, the Dean of Students will provide the student(s) who is (are) being investigated or charged with a copy of the Code of Student Conduct as well as a sheet that points out the student's right to consult an adviser and that offers a short list, prepared by Student Senate, of potential advisers (faculty, students and staff) who have volunteered to provide students with information about the Code of Student Conduct and advice during the judicial process. 2. Severity of disciplinary cases. A student charged with violating the Code of Student Conduct has the right to have a hearing before the Judicial Council for any alleged violation. However, in cases of alleged minor violations, complaints can often be resolved without a full Judicial Council hearing. Generally, there are three levels of disciplinary action depending on the seriousness of the alleged violation. a) Residential life complaints: Complaints about student behavior and reports of alleged violations of residential life policies, such as noise policy, guest policy, pets, room changes, furnishings, etc. normally are first addressed by the Dean of Students Of?ce. Such complaints are reviewed by a Residence Director and/ or Associate Dean of Students and examined in a conference with the student(s). Many matters can be resolved at this level. Attempts at conflict mediation and reconciliation as well as resolution by imposition of sanctions for admitted violations may make unnecessary a formal judicial proceeding and bringing a charge. Resolution may entail a variety of responses, including no action, a warning, an educational or community service assignment, a fine, residential probation, restitution or some combination, depending on the severity of the case. A respondent may appeal from the residence life staff to the Dean of Students for reconsideration on the same grounds as judicial appeals. (See Section VII. E.) b) Administrative review option: In the event of repeated complaints, such as those above, about the same person or somewhat more serious alleged violations, but where the potential sanction would not usually be suspension or expulsion, the respondent has the choice of either an administrative review within the Dean of Students Of?ce, as provided for in below, or to . have the case reviewed by the Judicial Council. An administrative review offers privacy and possibility of negotiation of the case. When offered this option, the student has five class days to decide. If the student chooses an administrative review, the student does not have the right to a hearing before Judicial Council for the same alleged violation(s). Once the student decides, a charge is issued and a date and time is set for the administrative review or Judicial Council heanng. c) Cases in which the possible sanction could be suspension or expulsion from the College will be referred directly to the Judicial Council by the Dean of Students Of?ce. d) For alleged violations in either case b) or 0) above, the Dean of Students Of?ce meets separately with the complainant(s) and/or the alleged victim(s) to notify each of his or her rights and to provide each with a copy of the Student Code. 3. Mediation. Mediation is intended to allow the two people involved to discuss their respective understandings of the incident through the assistance of a trained professional. Mediation is designed to encourage each person to be honest and direct with the other and to accept i/ personal responsibility where appropriate. Its goal is to facilitate the resolution of the incident to the satisfaction of both persons involved and to produce a written agreement that is binding on both a procedural Requests for mediation should be filed with the-Dean of Students by the complainant and/ or respondent and both parties must agree to enter into mediation. In addition, the Dean or his/her designee must agree that mediation is a desirable method for resolution of the case. All parties have to agree to the choice of the mediator. If the process proves unsatisfactory at any time during the mediation before an agreement is reached, the complainant may pursue other courses of ac?on. 4. Admitted Violations. When a student admits to the facts of a case and to responsibility for a violation of the Code of Student Conduct (and it does not warrant suspension or expulsion), he or she can choose to be sanctioned administratively. If the student is not satisfied with the sanctions levied against him or her, he or she can appeal to the Judicial Council for review of the appropriateness of the sanctions only. 8. Procedures for an Administrative Review: If the respondent chooses to have an administrative review, the Dean of Students will notify the respondent in writing of the alleged violation(s) including the specific circumstances or behaviors alleged to have violated that policy or regulation. An Associate or Assistant Dean of Students (or in severe cases, the Dean) will review the case. The review will include individual interview(s) with the respondent, the complainant, the victim, any witnesses and the review of other documentation or materials relevant to the case. Advisers to the respondent, claimant, or victim may be consulted beforehand, but will not be permitted to be present during the administrative review. The of?cial who conducts the review will make a decision based on a preponderance of the evidence. That is, is it more likely than not that the respondent(s) is responsible for violating the Code of Student Conduct. When a student is found responsible for a violation through an administrative review, the Dean of Students Of?ce will impose sanctions. The range of sanctions that may be imposed includes, but is not limited to: community service, educational sanctions, referral to drug or alcohol counseling or rehabilitation, warning, probation, monetary fines, restitution, revoking of on- campus privileges (including on-campus housing), but does not include expulsion or su3pension from the College. The respondent will be notified in writing of the results of the review. When a violation of the Code of Student Conduct is determined in an administrative review and sanction is imposed by the Dean of Students Of?ce, appeal, if any, is directed to the President. (See Section VII. E.). Grounds of appeal include violations of the student?s rights as set forth in the Code of Student Conduct, insufficient or compelling new evidence, and/or severity of the sanc?on. C. Procedures for Mediation: The only parties present at the mediation session(s) are the two persons involved in the incident, their advisers if they wish (a student, faculty or staff member of The Claremont Colleges) and a trained mediator who should not be a student. The parties shall be offered the opportunity to participate without physically facing each other. If so requested, the mediator shall work out an acceptable arrangement. The mediator will listen to the parties and work with them to develop a written agreement on the key issues emerging from the incident, which may include an activity or restraints on behavior that one or both parties agree to following the mediation. The outcome will be communicated to the Dean of Students or his/her designee immediately. The written agreement will be kept in both students? discipline files located in the Of?ce of Student Affairs and may be used for purposes of sanctioning in subsequent judicial matters. Charges of violations of the agreement should be heard by the Judicial Council. There is no statute of limitations on the mediation process. Note: If a hearing to consider an alleged violation(s) is submitted to the Judicial Council, whether because it is chosen by the respondent or referred by the Dean of Students Of?ce, the hearing procedures described in Section VII below will apply. In either case, preparation of charges and notification of the Judicial Council Chair will be the responsibility of the Dean of Students Of?ce. Proscribed Conduct Violations of the Code of Student Conduct include: A. Offenses against persons and property: 1. Threatening or endangering other persons. No Pitzer student shall threaten or endanger the safety and/or well-being of others. 2. Physical assault. No Pitzer student shall attack or physically injure any member of the campus community or visitor to the campus. 3. Harassment. Every Pitzer community member has the right to freedom from harassment and abusive behavior, including harassment directed at his/her racial, religious or ethnic background, physical disability, or sexual orientation. No Pitzer student may engage in behavior which is excessively or persistently annoying enough to detract substantially from the quality of life, or the quality of the working conditions of students or any other member of The Claremont Colleges. Examples of harassment can include: making excessive noise in residence halls, damaging or highly offensive practical jokes, and racist behavior. (Cases of alleged sexual harassment will follow the Sexual Harassment Policy and Procedures outlined in this handbook for resolution.) 4. Property offenses. No Pitzer student shall steal, embezzle, damage, or endanger the property or otherwise violate the property rights of any Claremont College, jointly owned or affiliated facility, or of any member or authorized guest of the Claremont College community who is on College-owned property. 5. Firearms violations. Firearms, ammunition, explosives, knives and other weapons are prohibited on campus. 6. Interference with College activities. No Pitzer student shall act in an unauthorized way to make impossible the satisfaction of any physical condition necessary for the success of any authorized activity on College-owned property (by College-owned pr0perty we understand property owned jointly or individually by any of The Claremont Colleges, or property of any facility or institution owned by or af?liated with the Colleges.) B. Providing false information: No Pitzer student shall knowingly provide false information in relation to the implementation or enforcement of any College policies, rules or regulations. This includes, but is not limited to, forging instructor or adviser signatures or add-drop sheets or petitions, giving false or misleading information to College employees and committees, and knowingly giving false testimony to Judicial Council in the course of a hearing. Every student must provide identification upon request of any College employee. C. Academic dishonesty: Any member of the Pitzer community who is aware of academic dishonesty by a student has the responsibility to try to halt it, either by intervening immediately, or by speaking with the person committing it and by reporting it to the Dean of Students Of?ce for possible referral to Judicial Council. If an instructor concludes that the standards of academic honesty have been disregarded, it is his or her responsibility to make the information available to the student, to report the incident to the Dean of Students Of?ce and to tell the student that a report is being made. The faculty member may handle the case and impose any academic penalty including failure in the course. The faculty member should report the outcome to the Dean of Students Office. If a student disputes the incident or the severity of the penalty, he or she may have a hearing before Judicial Council. 1. Plagiarism. No Pitzer student shall appropriate the work of another?for example, parts of passages of another?s writings, the ideas and language of another, the artistic compositions of another?and pass them off as his/her own work. Students may not use substantial extracts from books, journals, or other sources without citation. 2. Cheating. No Pitzer student may intentionally use or attempt to use unauthorized materials, information, or study aids in an academic exercise or examination. 3. Duplicate papers. No student may hand in the same paper in more than one course without obtaining prior permission in writing from the instructor(s) and stipulating the conditions (such as extra research, length of paper, etc.) 4. Facilitating Academic Dishonesty. Intentionally or knowingly helping or attempting to help another to violate this code of academic integrity. 5. Claiming Credit False/y. Intentional fraud, in which a student seeks to claim credit for the work or effort of another without authorization or uses unauthorized materials or fabricated information in any academic exercise. Academic dishonesty can include forgery of academic documents, intentionally impeding or damaging the academic work of others or assisting other students in acts of dishonesty. 6. Faculty Decision Student Appeal. A student who wishes to challenge a faculty?s determination in violation of academic dishonesty or the severity of the penalty may appeal to the Judicial Council. The appeal must: - Be made in writing within thirty calendar days of the faculty?s notice to the student; - State specific grounds for any claim that the finding of guilt was unwarranted or the penalty unjust; and Exception?students going abroad or on a leave of absence have thirty calendar days from the beginning of the semester upon their return for an appeal if the review hearing is not able to be completed within the semester of the occurrence. - Be delivered to the Of?ce of Student Affairs. A Dean will work with the Judicial Council Chair to notify the faculty of the student?s appeal. Evidence and arguments relevant to the appeal will be presented to the Judicial Council, faculty and the petitioning student. Under normal circumstances, the review hearing should be scheduled for a date not fewer than 5 or more than 25 class days from the time of the petitioner's formal appeal. The Judicial Council shall inform both the petitioner and the faculty of the time, place and date of the review heanng. Under extreme circumstances, either the respondent or the complainant may request waiver of the time limit for a hearing in writing to the Judicial Council Chair. A decision on the request will be made by the Judicial Council. All parties will then be notified of the date, time and location of the rescheduled hearing. D. Sexual Offenses: Every Pitzer Community member has the right to freedom from harassment and/or abuse, including sexual offenses. When this right is ignored, the offense degrades the victim, our community and society at large. Pitzer College will not tolerate sexual offenses of any kind. In recognizing both the physical and trauma associated with such offenses, Pitzer College encourages victims to seek help from the Dean of Students, a Hall Director, a Resident Assistant, or a potential advocate de?ned as a faculty, student, or staff member of The Claremont Colleges. Also in recognizing the difficulty that these cases present for individuals to come forward, Pitzer College recognizes that sexual offenses are a crime and victims are encouraged to address the issue through the criminal system and seek police help. In a judicial proceeding, information regarding prior sexual conduct of either the complainant or the respondent will not be considered relevant. The manner in which a complainant was dressed will not be admitted as evidence in any review or hearing. Sexual offenses fall into four broad categories with the following definitions. It is possible that a given incident could lead to more than one of these charges: 1. Rape is defined as sexual contact in which there is penetration of a bodily orifice (examples primarily include the genital, anal areas and the mouth) however slight by an object (examples include but are not limited to a penis, a finger, a bottle, etc.) in the absence of effective consent. 2. Sexual assault is any sexual contact without effective consent that occurs by a man or a woman where penetration has not occurred. Sexual assault includes but is not limited to the legal definition of sexual battery defined by the California Penal Code 2002 under Section 243.4 as touching an intimate part of another person while that person is unlawfully restrained by the accused or the accomplice, and if the touching is against the will of the person touched and is for the purpose of sexual arousal, sexual gratification, or sexual abuse. Touching as defined in the California Penal Code means physical contact with another person, whether accomplished directly, or through the clothing of the person committing the offense, or through the clothing of the victim. 3. Sexual harassment (between students) is defined as a pattern of unwanted and unwelcome sexual advances, requests for sexual favors, and other visual, verbal, or physical conduct of a sexual nature if it creates an intimidating, hostile, or offensive work, educational or student living environment. It includes but is not limited to any unwelcome touching, patting, pinching, or brushing against a person?s body, and any harassment directed against a person because of his/her gender or sexual orientation. It also includes any attempt to coerce an unwilling person to unwanted sexual attention or to punish a refusal to comply. Sexual harassment may also exist in power situations where one?s submission to or rejection of another?s behavior is the basis for decisions affecting that person. Cases of alleged sexual harassment will follow the Sexual Harassment Policy and Procedures outlined in this handbook for resolution. 4. Sexual Exploitation occurs when a student takes non-consensual sexual advantage of another individual or individuals for the purpose of his/her own or someone else?s benefit, and the behavior does not fall under the previous definitions of sexual offenses. Examples include, but are not limited to: - Potential transmission of HIV or STD when the condition is known but undisclosed. - Inducing incapacitation with the intent to rape or sexually assault?regardless if the sexual offense takes place alcohol, date rape drugs, etc). - Videotaping and photography for the purpose of sexual arousal, sexual gratification, or sexual abuse without the knowledge and effective consent of all parties involved. - Voyeurism. All of the above definitions imply an absence of effective consent. Effective consent is informed, freely and actively given, mutually understandable words and/or actions; which indicate a willingness to do the same things, at the same time, in the same way, with each other. ?Consent? is defined under the California Penal Code 2002 Section 261.6 to mean ?positive cooperation in act or attitude pursuant to an exercise of free will. The person must act freely and voluntarily and have knowledge of the nature of the act or transaction involved.? In cases where there is an absence of mutually understandable words and/or actions, it is the responsibility of the initiator to ensure that they have the consent of the other person(s). Consent for certain activities does not imply consent for other activities, and at anytime, regardless of what has previously occurred, consent can be withdrawn. The initiator should obtain consent before every stage of new sexual activity. The role of the initiator can change throughout the sexual encounter. Examples of ineffective consent include obtaining consent through the use of fraud, actual or implied force in the form of physical violence, threats, intimidation, or coercion. - Physical force exists when someone acts upon the subject physically by exerting control over the subject?s body through violence, which can include punching, kicking, or restraining. - Threats exists where a reasonable person would have been compelled by the words or actions of another to give permission to sexual contact they would not have otherwise given. Examples include threats to kill the subject, themselves, or to harm someone close to the subject. - Intimidation exists where someone uses his or her physical presence coupled with menacing behavior to intimidate the subject(s) and no physical contact occurs, and/or knowledge of prior violent behavior coupled with menacing behavior of the respondent threatens the complainant. - Coercion exists when the sexual initiator pressures the subject(s) in a manner that is oppressive and violates norms of respect to engage in unwanted sexual behavior. An individual is incapable of giving effective consent when s/he is physically incapacitated as a result of alcohol or drug consumption, whether it is involuntary, or is unconscious, unaware, or physically helpless. Individuals may not engage in sexual activity with another who is physically incapacitated. A person is unable to give effective consent when they lack the ability to determine that a situation is sexual, and/or cannot rationally appreciate the nature and extent of that situation. A minor is never capable of giving effective consent. Silence, previous sexual relationships and/or current relationship with the respondent (or anyone else) may not be taken to imply consent. A person who is subjected to physical or sexual aggression is not required to actively resist. Intentional use of alcohol/drugs by the respondent is not a reason and/or an excuse for violation of the Student Code of Conduct. E. Misuse, theft, or abuse of College computer time or accounts. Violations of College computer policy will be heard as normal disciplinary or judicial proceedings. F. Violating College policies and relevant laws described in the Student Handbook, including but not limited to policies on: Alcoholic beverages: See the College Alcohol and Drug Policy section of this handbook and the section on state and local alcohol laws. Students are always encouraged to seek immediate and appropriate assistance and medical attention in alcohol or other drug related emergencies. Students that experience an alcohol and/or other drug related hospitalization will not be subject to punitive measures; this does not preclude educational or rehabilitative measures. Students who appropriately and cooperatively assist another student in receiving medical attention will not be subject to disciplinary proceedings for their actions. Illegal drugs: See College Alcohol and Drug Policy section of this handbook and the section on state and local drug laws. Sexual harassment: See Sexual Harassment Policy and Procedures section of this Code. Sexual assault: See Claremont Colleges lntercampus Sexual Assault Policy Statement as well as section of this Code. Computer use policy: See Computer User Agreement. Fire and safety: See Fire Safety Regulations. Outdoor art: See Public Art Policy. G. Knowingly aiding another person in any violation of the Code of Student Conduct: No student shall knowingly aid another person in the violation of any rules contained in this Student Handbook. IV. Special Powers A. Violations of Law: Whether through administrative or Judicial Council action, the College reserves the right to impose sanctions against students for conduct that may violate any federal, state, or local law on or off campus, even though such crimes may also be tried in the local courts. When a student is charged with a legal violation and College disciplinary action is also taken, campus proceedings may be carried out prior to, simultaneously with or following civil or criminal proceedings. The College?s proceedings are not bound by any determinations of fact or law made in any civil or criminal proceedings. B. Interim Suspension: Any student who, in the judgment of the Dean of Students or his/her designee, presents a clear and present danger to the health, safety and/or welfare of the College community is subject to suspension from the College by the Dean of Students or his/her designee on an interim basis, pending a hearing by the Judicial Council. Such a suspension does not prejudge that a violation has occurred. interim suspension will be followed by speedy access to a full and fair hearing. 1. A student whom a Dean of Students or his/her designee has placed on interim suspension pending a hearing may appeal such suspension to the President. The President shall issue her/ his decision on such an appeal to the student in writing. 2. Should Judicial Council in a hearing find that no violation of the Student Code occurred, the interim suspension shall be lifted. C. Search of Rooms: Pitzer College respects the privacy of members of the College community. However, the College reserves the right to conduct searches of residence hall rooms if reasonable cause exists to believe that 1) activity is taking place which is detrimental to the health, safety, or welfare of the Pitzer College Community, or (2) activity is taking place which constitutes a violation of the Code of Student Conduct. Determination of reasonable cause is to be made by the Dean of Students (or, in his/ her absence, the Associate and/or Assistant Dean of Students). Every effort will be made to have present the student whose room is being searched. In addition, rooms may be entered for routine cleaning services and/or to inspect or repair plumbing, electrical, heating and cooling systems, or room furnishings. D. Campus Emergency Policy: The President of Pitzer College and in his/her absence the Dean of Faculty or Vice President for Administration shall have authority to deal with any emergency that may arise on campus and to employ such means including the employment of counsel for this purpose. V. The College Judicial Council A. Jurisdiction: The Judicial Council shall hold hearings, make determinations of fact and impose sanctions on those determined to be in violation of the Code of Student Conduct. The College Judicial Council shall not have appellatejurisdiction. If having completed a hearing, the Judicial Council finds that the respondent should be sanctioned for violating the Code of Student Conduct, the respondent may ask for a review of that decision by the President. In sexual offense cases only, the complainant may ask for a review of the decision by the President. 1. Any member of The Claremont Colleges community may bring a complaint against a Pitzer student to the Pitzer Dean of Students Office. The Dean of Students Of?ce will attempt to resolve the case, if possible, including in some instances offering the respondent the option of having an administrative review (see Section II). If the complaint cannot be resolved, or if the respondent or the Dean of Students elects a Judicial Council hearing, the Dean of Students will forward the case by preparing a written charge to the Judicial Council. 2. lntercampus complaints. When Pitzer students are on the campus of another of The Claremont Colleges, they are expected to respect the regulations of that College as well as those of their own College. If a student of another College violates the regulations of the host College, judicial action may be brought against that student at his/her home college. The name of any students concerned, along with all pertinent information, will be sent to the Dean of Students of the College involved. As a temporary measure, the administration of the host College may, at its own discretion, prohibit a student from coming onto its campus until judicial proceeding at the student?s home college is complete. Such a prohibition shall be communicated to the student through his/her home college at the request of the host College. 3. In cases coming before the Judicial Council the Dean of Students Of?ce shall formulate the charge, which shall be a written statement giving the relevant regulation or policy that has been allegedly violated and the specific behavior or sequence of behaviors alleged to have violated that regulation or policy. The respondent will receive written notice of any violation according to the procedures outlined in Section B. Composition: The College Judicial Council shall consist of five student members in good academic and disciplinary standing, not subject to recall (who shall be elected by the student body). Faculty members will be selected forjudicial hearings based on those that are available and not currently serving on the Faculty Executive or Appointments, Promotion and Tenure Committees. As much as possible, faculty and student members should represent the diversity of the student population. To that effect Student Senate should make every effort to seek appropriate gender balance and ethnic and other forms of diversity in the slate of student candidates for Judicial Council. Similarly, faculty members should be chosen with the goal of ensuring approximate gender balance and ethnic diversity. The Chair shall be elected from among the voting membership of the Council. A Dean from the Office of Student Affairs will sit with the Council as an adviser on process and to represent the views of the College. 1.Quorum. Five members shall constitute a quorum of the Judicial Council for the purpose of meeting. For a hearing, a quorum shall consist of five members, including at least two faculty members and two student members. Prior to the hearing, the respondent and the complainant will be notified of the names of those members of the Judicial Council who will be hearing the case. If either objects to any member or members of the board, he or she may write to the Dean of Faculty requesting that those members be replaced. The letter must include an explanation for the objections. Removal from the hearing board will occur if and only if the Dean is convinced after investigating that absence of impartiality would result in an unfair hearing by allowing that member/those members of the Judicial Council to adjudicate the incident. Requests for removal shall not be revealed to members of the Judicial Council. If there are insufficient numbers of faculty/ students to reach a quorum, the Deans of Faculty/Students shall appoint an ad hoc replacement from among the faculty/students who have received Judicial Council training before the hearing. 2. Noti?cation. The Pitzer College Code of Student Conduct and rights of students will be published in the Student Handbook each year. 3. Reports. The Judicial Council shall report at least once a year to the College Council the numbers and types of cases heard, the difficulties it has encountered, the recommendations made and sanctions imposed, the appeals made to the President, and the decisions of the President. These reports are for the purpose of informing the Pitzer community of the general nature of its judicial problems and shall avoid identifying the persons involved. 4. Training. The Dean of Students Of?ce shall design and be responsible for providing ongoing comprehensive training, in consultation with appropriate professional external agencies, in sexual offenses, hate crimes, and other relevant topics to members of the Judicial Council. VI. Rights of Students Charged. (Bylaws, Art. Vll. Sec. 7.7) Each respondent involved in a judicial proceeding shall have the following rights: - Right to be presumed innocent until proven guilty. - Right to be informed, in writing, of the charges against her/him and in sufficient time to prepare forjudicial proceedings. - Right to a speedy hearing or administrative procedure. - Right to have a formal hearing before Judicial Council for any alleged violation of the Code of Student Conduct. 0 Right to a hearing separate from that of another respondent. - Right to be assisted in her/his defense during a Judicial Council hearing by an adviser of her/his choice who must be a student, faculty, or staff member of The Claremont Colleges. - Right to consult an adviser of her/his choiCe prior to an administrative hearing, who is a member of The Claremont Colleges and is knowledgeable about the Code of Student Conduct. - Right to face the person who has brought complaints against him/her (the ?complainant?). - Right to refuse to respond to questions that are self-incriminating. Right to call material and up to two character witnesses from the College community. - Right to be free from a re-hearing for the same alleged violation. - Right to be free of penalty or sanction if found not responsible for violation of the Student Code. - Right to reconsideration of a decision on specific grounds (grounds for appeal are violation of a student?s rights as set forth in the Code of Student Conduct, insuf?cient or compelling new information, and/or severity of the sanction). Vll. Judicial Council Hearing Procedures A. Purpose: The following are guidelines for conduct of Pitzer College Judicial Council hearings. This process does not intend to duplicate or imitate criminal or civil legal procedures. Instead, the guidelines are meant: to provide constructive, just and prompt investigations and resolutions of complaints alleging violations of Pitzer College Code of Student Conduct, and to provide fair treatment for all parties involved in disputes, those who have complaints as well as those against whom complaints are made. 8. Pre-Hearing Procedures: 1. Complaints of alleged violations that are being referred to Judicial Council for hearing shall be written and delivered to the Judicial Council Chair by the Dean of Students. Within two class days, the Judicial Council Chair shall arrange for a copy of the charge to be delivered in person to the respondent, as well as to the complainant(s) or victim(s). The copy to the respondent will constitute his/her formal notification of the charge(s) against him/her and the intent to hold a Judicial Council hearing. This written notification will include the complaint(s) against the respondent; the specific policies and portions of the Code of Student Conduct the respondent has allegedly violated; his/her rights as guaranteed in Article VII. Section 7.7. Pitzer College Bylaws; the nature of the information which will be presented against him/her, as well as any written or recorded statements obtained during the Dean of Students Office investigation, and the sanctions which could be applied if he/she were found in violation of the Code of Student Conduct. 2. The respondent has the right to have an adviser from The Claremont Colleges at the hearing who may be faculty, student, or staff. In order to aid in obtaining support, the respondent may request that the Dean of Faculty appoint a faculty member to advise him or her in contacting witnesses and in other matters related to the complaints. If the charges are serious enough that they might result in suspension or expulsion from the College, the respondent is particularly advised to select an adviser to be present during the Judicial Council hearing. 3. The Judicial Council Chair sets a date for the hearing. Under normal circumstances the hearing should be scheduled for a date not fewer than five or more than twenty-five class days from the time the respondent was first formally notified of the charge(s) against him/her. The Judicial Council Chair shall inform both the respondent and the complainant( s) or victim(s) of the time, place and date of the hearing. It is the responsibility of the parties to inform their respective advisers of this information. The victim(s) or complainant(s) will have available to them all information sent to the respondent by the Judicial Council Chair at the same time as the respondent is notified. 4. Under extreme circumstances, either the respondent or the complainant may request waiver of the time limit for a hearing in writing to the Judicial Council Chair. A decision on the request will be made by the Judicial Council. All parties will then be notified of the date, time and location of the rescheduled hearing. C. Hearing Procedures: 1. The respondent shall be informed of his/her rights and shall have an opportunity to speak and to present information in his/her behalf. Should the respondent, having been properly notified of the date, time and place of the hearing, fail to appear at the time and place specified, the hearing shall proceed in the same manner as if s/he were present, unless the Judicial Council decides by majority vote to postpone the hearing. 2. No member of Judicial Council shall join or rejoin deliberations after a hearing has begun. No member may be excused from a hearing once it has begun except for good cause and by a majority vote of the other members present, and then only if such action does not violate the quorum provisions of Section V.B.1. above. No member of Judicial Council who has not been present for the entire hearing shall participate in the decision or in subsequent discussion of sanctions. 3. Judicial Council shall consider only information introduced at the hearing, before Council. Normally this will include a written statement from the complainant, from the respondent, and from any witnesses; it may also include responses to questions given during the hearing. Written statements will be considered only when the respondent is aware of their content and of the names of those individuals who have made the statements and only when the student making the statements appears before the Judicial Council to answer questions about the statements. Character witnesses, if any, may state their knowledge of the character of the respondent, but must refrain from comments on the character of the claimant(s). 4. Except as provided under Section Vll.C.6. below, only one witness shall be allowed in a Judicial Council hearing at any one time. 5. All questions during the hearing shall be asked by or to Judicial Council members. The purpose of the hearing is not to conduct a trial but to gain as full and fair an account as possible about the alleged violation and to determine whether a violation of the Student Code of Conduct has occurred. The respondent and the complainant(s) shall have the right to suggest questions to the Chair to be asked by Judicial Council members, but only Judicial Council members shall directly question the respondent, complainant, or the witnesses. The Chair, in consultation with the Judicial Council, may modify the question process to facilitate the proceedings. The Chair may exclude irrelevant and unduly repetitious information. Normally, the hearing conforms to the following order of procedure: a) Presentation of the written charge from the Dean of Students Of?ce, questions from Judicial Council members to the Dean of Students designee and/or the complainant(s) regarding the complaint. b) Statements of witnesses on behalf of the complainant(s); questions from Council members to the witnesses. 0) Statement of the respondent; questions from Council members to the respondent. d) Statements of witnesses on behalf of the respondent; questions from Judicial Council members to the witnesses. e) At the option of the Council, a second round of questioning of the complainant(s) and any supporting witnesses a majority of the Council wishes to hear in rebuttal. f) At the option of the Council, a second round of questioning of the respondent and any supporting witnesses a majority of the Council wishes to hear in rebuttal. 9) Close of the hearing. 6. The person(s) bringing the complaint and the respondent shall have the right to be present during presentation of evidence and questioning of witnesses. S/he also shall have the right to be accompanied by an adviser of her/his choice, who must be a student, faculty, or staff member of The Claremont Colleges. 7. In all Sexual Offense cases, the complainant shall be offered the opportunity to participate in the hearing without directly facing the respondent. if so requested, the Judicial Council Chair shall make appropriate arrangements. For example, the room may be partitioned so that the complainant and the respondent do not see each other. In any case, the respondent and the complainant and/or their advisers shall have the opportunity to hear the testimony, have questions asked of the other party during the hearing process, and to hear responses. 8. No actions shall be taken in a Judicial Council hearing which would impede the orderly conduct of the hearing. Disruption of the Judicial Council is a violation of the Code of Student Conduct. The Chair may at any time recess a hearing to provide for gathering additional information or simply to provide a break in the hearing or deliberation. 9. A verbatim record (such as a tape recording) shall be made of every Judicial Council hearing. This record shall be kept in the Dean of Students Office and shall remain confidential, although it may be made available upon request to the respondent. The record shall be destroyed five years after the respondent?s graduation or withdrawal from Pitzer College. 10. The hearing shall be closed. D. Decision and Sanctions: 1. The decisions of the Judicial Council shall be based solely upon information introduced at the hearing, before the Council. In determining sanctions the Council shall consider the nature of the violation and the circumstances under which the violation occurred. The Council may consider the previous conduct record of the respondent with respect to the application of sanctions only. 2. When a sanction requires a period of time for completion, the deadline for completion shall be specified. The respondent must report to a designee of the Dean of Students when he or she has completed the sanction. The case is not complete until the sanction has been completed and cleared by the Dean of Students Of?ce. The Judicial Council will not monitor or reconsider a sanction once it is imposed. 3. The decisions of the Judicial Council shall be based on a standard of a preponderance of the evidence presented. The direct statement of a witness, including the complainant, the victim, and the respondent may be taken as sufficient proof of any act. Statements made by any witness must be evaluated for bias, plausibility, credibility, and consistency along with other available information. Any relevant information may be admitted if it is the type on which reasonable persons are accustomed to rely in the conduct of serious affairs. Unruly, irrelevant or unduly repetitious information may be ruled out of order by the Chair. The decisions of the Judicial Council and its imposition of sanctions shall be reached in closed session by a majority vote. The Chair shall vote only in case of a tie. 4. If it ?nds that a violation of the Code of Student Conduct has occurred, Judicial Council shall consider the nature of sanctions to be imposed. At this phase of deliberation, the Dean of Students or designee may provide the Council with historical information on the past conduct record of the respondent and the history of sanctions in similar cases. 5. Sanctions normally considered include (but are not limited to) the following: a) Disciplinary probation: Formal notice compelling a student to exhibit good behavior during a specified probationary period. Violations during the probationary period may result in temporary or permanent separation from the College. b) Removal from residence and/or board: Revoking, for specific period of time, the privilege of on-campus residence and/or campus meals. c) Full Suspension: Temporary separation from the College for a specified period of time. The terms of the suspension shall be set by the Council and may include special conditions which must be satisfied during the suspension and/or special conditions which would be in effect upon the student's return to the College d) Expulsion: Permanent separation from the College. 6. Other sanctions. In addition to the sanctions above, the Judicial Council may impose disciplinary sanctions which are not listed above. 7. Expulsion is mandatory when a student is found in violation of the code on the charge of rape. A sanction of expulsion will be strongly considered in cases of gender-related physical assaun. 8. Rehabilitative activities. In addition to any sanction, the Council may recommend rehabilitative activities undertaken by a student, including community service, participation in drug or alcohol abuse programs, etc. 9. Notification of decision. The respondent shall be notified in writing, within two class days following the hearing, of the Judicial Council?s decision and recommended sanctions, if any. Written notification shall include a summary of the reasons for the decision and an explanation of any sanctions imposed. ln sexual offense charges only. both the respondent and the complainant will receive written notification of the allegations investigated, a description of the investigative steps that were conducted, a summary of the facts of the matter, the basis for the determination. and remedial actions that will be required if the respondent was found responsible for violating the policy. Furthermore, the College will offer counseling services and academic support to all parties involved. In addition, for sexual offense charges, intercollegiate policy and the California Educational Code require that the complainant(s) and or victim(s) who have been parties to the case and other appropriate College of?cials will be notified about its disposition within three days. In cases of alleged physical assault or alleged harassment, the complainant will be notified of the outcome and relevant sanctions (if the respondent is found responsible) within three days of the conclusion of the hearing. E. Appeals Procedure: 1. Judicial Council decisions and sanctions are expected to be final. On specific grounds, the respondent may request that the President reconsider the Judicial Council?s decision. The appeal must be made in writing, and must be made within five class days of written noti?cation to the student of the Judicial Council?s decision. Grounds of appeal include violations of the student?s rights as set forth in the Code of Student Conduct, insuf?cient or compelling new evidence, and/or severity of the sanction. For sexual offense charges only. the complainant may request that the President reconsider the Judicial Council?s decision as described below. 2. No more than five class days after receiving the written appeal and a completed transcript of the hearing, the President shall communicate her/ his decision on any appeal to the respondent, the complainant and the Judicial Council Chair. If the President modifies the imposed sanction in any way, she/he shall communicate that fact and the reasons for making such a modification to the respondent, the complainant and the Judicial Council Chair. The decision of the President shall be final. 3. Except as required to explain the basis of new evidence, an appeal shall be limited to review of the verbatim record of the initial hearing and supporting documents for one or more of the following purposes: a) To determine whether the original hearing was conducted fairly in light of the charges and evidence presented and in conformity with prescribed procedures giving the complainant a reasonable opportunity to prepare and present evidence that a violation occurred and giving the respondent reasonable opportunity to prepare and present a rebuttal of these allegations. b) To determine whether the decision reached regarding the charged student was based on substantial evidence, that is whether the facts were sufficient to establish that a violation of the Code of Student Conduct occurred. c) To determine whether the sanction(s) imposed was appropriate for the violation. d) To consider whether there is new evidence, suf?cient to alter a decision, or other relevant facts not brought out in the original hearing, because such evidence and/or facts were not known to the person appealing at the time of the original hearing. F. Confidentiality: All information pertaining to investigations and hearing proceedings is confidential and shall be shared only by Judicial Council members. The Judicial Council Chair may, however, share such information with individual members of the College administration and staff on a need-to- know basis. ?Need-to-know? is defined as information necessary to carry out the College judicial process. G. Community Notification: Within ?ve class days after completion of a judicial hearing and appeal (if any) to the President, the Judicial Council may publicly inform the Pitzer community (and, in cases involving complainants from the other Claremont Colleges, the home colleges of said complainants) of its decision, sanctions imposed and the action of the President. In cases in which the respondent has been found in violation of the Code of Student Conduct, publicity (including the name of the student) shall be at the discretion of the President. In cases in which the respondent was found not to have violated the code, such publicity shall be at the discretion of the respondent. H. Records and Enforcement of Disciplinary Action: 1. Records of Judicial Council decisions and sanctions shall become part of the student?s disciplinary files (those maintained in the Dean of Students Of?ce) and shall be kept for a period of five (5) years after the student?s graduation or separation from the College. 2. At the discretion of the Dean of Students in consultation with the Judicial Council, proceedings may continue without the student being currently enrolled. 3. No student shall be graduated while a complaint brought against him/her is pending before Judicial Council. No student shall be graduated without first ful?lling the terms of a disciplinary sanction. 4. The Dean of Students Office shall be responsible for enforcing disciplinary sanctions. 5. Any student on whom a sanction has been imposed may include in her/his student record a written response concerning the decision and sanction. Additional Information and Resources: New Section, not required as part of OCR resolution The College encourages any member of the College community who experiences any form of violence to immediately contact the Claremont Police Department by contacting Campus Safety (909-607-2000) if they are on campus or by dialing 911 if they are off campus. An individual who wishes for the details of the incident to remain completely confidential may speak with certain College officials who, by law, may maintain confidentiality and may not disclose the details of an incident. These officials include: Monsour Counseling and Services staff Tranquada Student Services Center, 1St floor 757 College Way 909-621-8202, 909-607-2000 (after hours emergency) Student Health Services staff Tranquada Student Services Center, 1st ?oor 757 College Way 909-621-8222, 909-607-2000 (after hours emergency) Members of the clergy including the McAIister Center chaplains. McAIister Center for Religious Activities 919 North Columbia Avenue 909-621-8685 Individuals who have experienced sexual misconduct, including sexual assault may also seek con?dential support from a local or national rape crisis hotline, including: Project Sister Sexual Assault 24/7 Crisis Hotline (Claremont, CA): 800-656-4673 909-626-HELP (909-626-4357) National Sexual Assault 24/7 Crisis Hotline (RAINN): 800-656-HOPE Page 522 of 985 Withheld pursuant to exemption 0f the Freedom Of Information and Privacy Ad Page 523 of 985 Withheld pursuant to exemption 0f the Freedom Of Information and Privacy Ad Page 524 of 985 Withheld pursuant to exemption 0f the Freedom Of Information and Privacy Ad Page 525 of 985 Withheld pursuant to exemption 0f the Freedom Of Information and Privacy Ad Page 526 of 985 Withheld pursuant to exemption 0f the Freedom Of Information and Privacy Ad Page 527 of 985 Withheld pursuant to exemption 0f the Freedom Of Information and Privacy Ad Page 528 of 985 Withheld 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