III. Scope and Jurisdiction
A. Which Institutions Have Adopted This Policy
This Policy defines Prohibited Conduct for all members of the TCC community. Depending on an individual’s status, the procedures for resolution of allegations of Prohibited Conduct may vary, as follows:
- All cases involving allegations occurring after August 1, 2024 and involving only students or participants (see below) in a TCC Institution’s program or activity will be processed under the Resolution Options set forth in Section XIII unless the 2020 Title IX Resolution Procedures in Addendum A are required to be used for cases involving Claremont McKenna College students or participants in CMC’s education programs and activities for Title IX Prohibited Conduct alleged to have occurred from August 14, 2020 to present.
This includes complaints made by a TCC student at one TCC Institution against a student at the same TCC Institution, as well as complaints made by a TCC student against a TCC student at a different TCC Institution (“Cross-Campus Complaints”).
- Cases that involve an employee, including students in their capacity as a student-employee, of a TCC Institution, will be processed consistent with whether the TCC Institution that is the employer of the Respondent has adopted this Policy for its employees. If a TCC Institution has adopted this Policy for its employees, the 2020 Title IX Resolution Procedures in Addendum A shall be applied where the alleged conduct occurred in CMC’s education programs and activities.[1]
Institution | Applicable Policy |
Claremont Graduate Institute (CGU) | All cases involving CGU’s students, employees and participants in programs and activities are processed under this Policy unless the complaint is against a non-CGU employee, in which case the Policy adopted by the Respondent’s Institution for employees will be used. |
Claremont McKenna College (CMC) | For cases by anyone against a CMC employee, please see CMC’s policy. For cases by a CMC employee against a CMC student, this Policy will be used. For cases by a CMC employee against a non-CMC student or participant, this Policy will be used. For cases by a CMC employee against a non-CMC employee, the policy adopted by the Respondent’s Institution for employees will be used. |
Harvey Mudd College (HMC) | For cases by anyone against an HMC employee, please see HMC’s policy. For cases by an HMC employee against an HMC student, please see HMC’s policy. For cases by an HMC employee against a non-HMC student or participant, this Policy will be used. For cases by an HMC employee against a non-HMC employee, the policy adopted by the Respondent’s Institution for employees will be used. |
Keck Graduate Institute (KGI) | All cases involving KGI’s students, employees and participants in programs and activities are processed under this Policy unless the complaint is against a non-KGI employee, in which case the policy adopted by the Respondent’s Institution for employees will be used. |
Pitzer College | All cases involving Pitzer College’s students, employees and participants in programs and activities are processed under this Policy unless the complaint is against a non-Pitzer College employee, in which case the policy adopted by the Respondent’s Institution for employees will be used. |
Pomona College | For cases by anyone against a Pomona College employee, please see Pomona College’s policy. For cases by a Pomona College employee against a Pomona College student, this Policy will be used. For cases by a Pomona College employee against a non-Pomona College student or participant, this Policy will be used. For cases by a Pomona College employee against a non-Pomona College employee, the policy adopted by the Respondent’s Institution for employees will be used. |
Scripps College | For cases by any student or participant (Scripps College or non-Scripps College) against a Scripps College employee, this Policy will be used. For cases by a Scripps College employee against any student or participant (Scripps College or non-Scripps College), this Policy will be used. For cases by any TCC Institution employee against a Scripps College employee, please see Scripps College’s policy. For cases by a Scripps College employee against a non-Scripps College employee, the policy adopted by the Respondent’s Institution for employees will be used. |
B. Matters Involving a Third-Party Participant(s)
This Policy may also apply to third parties, such as guests, visitors, volunteers, invitees, and alumni, when they are participating or attempting to participate in a TCC-sponsored activity, on or off-campus (referred to as “participants” for purposes of this Policy). A third-party complainant may be subject to different procedures within this Policy, depending on the individual’s status, or a TCC Institution’s internal policies.
There are instances where allegations may be reported or a Complaint may be made against a third-party individual. Any individual who is alleged to have engaged in Prohibited Conduct who is not a TCC student, faculty member, or staff member is generally considered a third-party who is not subject to the Resolution Process in this Policy. A TCC Institution’s ability to take appropriate corrective action against a third-party may be limited and will depend on the nature of the third-party’s relationship, if any, to the TCC Institution or TCC. When appropriate, the Title IX Coordinator will refer such allegations against third-party respondents to the appropriate office for further action.
The status of a party may impact which resources and remedies are available to them, as described in this Policy.
C. The Geographic Jurisdiction of This Policy
This Policy applies to the programs and activities, including the working and learning environments of the TCC Institutions. It may also apply to instances in which the conduct occurred outside of the campus or any TCC Institution-sponsored activity if the Complainant’s Home Institution’s Title IX Coordinator determines that the off-campus conduct is within the jurisdiction of this Policy, within Respondent’s Home Institution’s disciplinary authority (in consultation with the Respondent’s Home Institution Title IX Coordinator if Cross-Campus Complaint), or could interfere with access to any educational program or activity, safety and security, compliance with applicable law, or contribute to a hostile educational environment. Addendum A establishes additional geographic jurisdiction for the use of the 2020 Title IX Resolution Procedures.
D. How This Policy Impacts Other Campus Disciplinary Policies
The elements and process established in this Policy, and as required under the 2024 Title IX Final Rule and applicable California state law, have no effect on any other TCC Institution policy or Code of Conduct. This Policy does not set a precedent for other policies or processes of the TCC Institutions and may not be cited for or against any right or aspect of any other policy or process.
E. Policy Dissemination and Publication
Each TCC institution shall disseminate this Policy to:
- Each student of their TCC Institution.
- Each employee of their TCC Institution, including student employees.
- Each volunteer who will regularly interacts with students.
- Each individual or entity under contract with the TCC Institution to perform any service involving regular interaction with students at the institution.
This Policy, and contact information for each TCC Home Institution Title IX Coordinator, shall be present on each TCC Home Institution’s Title IX Office website. Every handbook and/or catalog made available to the members of each TCC Institution’s community shall contain a link to this Policy and the contact information for the Home Institution’s Title IX Coordinator.
Return to referring section [1] The matter should be reported to the Complainant’s Institution’s Title IX Coordinator so that they can coordinate with the Respondent Institution’s Title IX Coordinator (if different) to determine appropriate next steps.
Title IX Process Pages
- I. Introduction
- II. Home Institution Title IX Coordinator and the TCC Title IX Process Administrator
- III. Scope and Jurisdiction
- IV. Prohibited Conduct – Sex-Based Harassment and Retaliation
- V. Conflict of Interest or Bias
- VI. Supportive Measures
- VII. Resources
- VIII. Reporting Prohibited Conduct
- IX. Response to a Report or Complaint of Prohibited Conduct
- X. Closure or Dismissal of a Complaint
- XI. Referrals for Other Misconduct Not Subject to this Policy
- XII. Consolidation of Complaints and Allegations
- XIII. Resolution Options (Support-Based, Agreement-Based, and Investigation and Hearing)
- XIV. Respondent’s Acceptance of Responsibility
- XV. Investigation and Hearing Resolution Process
- XVI. Hearing
- XVII. Remedies and Sanctioning
- XVIII. Appeal Rights and Process
- XIX. Recordkeeping
- XX. Crime and Incident Disclosure Obligations
- XXI. Policy Review and Revision
- XXII. Non-Discrimination Application and Additional Enforcement Information
- XXIII. Important Definitions
- Addendum A
- Addendum B