Pitzer College
Case Number 09-12-2151
Resolution Agreement

Pursuant to the U.S. 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 abovereferenced 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:
(a)

specify a reasonable timeframe for issuance of the vice president's
determination on sexual harassment complaints.

(b)

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 if discrimination is found.

(c)

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.

(d)

clarify that complaints of sexual harassment filed by a student
against another student are handled under the procedures and that
complaints of sexual assault filed 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
follow ing:
(a)

provis ion 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.

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(b)

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
concern ing the remedies for the complainant if sexual assault it is
found to have occurred.

(c)

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 identifies.
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
notification 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 specifically 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 definition 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

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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 determ ines that it has fulfilled the terms of this agreement
and is in compliance with the regulation implement ing 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 fulfilled 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), or jud icial 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.