UNITED ST ATES DEPARTMENT OF EDGCATIO'.\l
OFFlCE FOR CIVIL RIGHTS
50 HE.-\LEST., SLllTE 7200
SAN FRANCISCO, C:A 94105

RECIO !\ IX
Ci\1.IK)Rl':lJ\

MAR2 9 2013
Laura Skandera Trombley , Ph.D.
President
Pitzer College
Broad Center, 2 nd Floor
1050 North Mills Avenue
Claremont , Californ ia 9171 1
(In reply, please refer to# 09-12 -2151.)
Dear President Trombley :
On March 19, 20 12 , the U.S. 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 fai led 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 Complainan t
made stat ing 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 act ivities 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 compla int with the College alleging that she
had been sexually assau lted in her dormitory by a ma le 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 agreeme nt which both
students agreed would fully resolve what occurred and all related matters that arose
from the incident. The Aqreement ICbX6),(b)(7)(C)
(b)(6),(b)(7)(C)

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 Page 2 - (09-12-2151)
(b)(6),(b)(7)(C)

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 identified 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 Ill , Section 302), a complaint may be resolved at any
time when , before the conclus ion 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 responsibil ity to respond adequately to student
complaints alleging retal iation for reporting discrimination to the College ; and 3) provide
annually , as part of its orientation to new students , information about the policy
prohibit ing 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 conta ined 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) 4865536.

Sara Berman
Team Leader

Enclosure
cc:

Arlene Prater , Esq.
Best Best & Krieger LLP