Appendix A and B
Appendix A: External Complaint Resolution Options
Discrimination, harassment, sexual misconduct, and retaliation are violations of federal and state law. This Policy and the HMC Prohibited Discrimination and Harassment Policy are intended to supplement and not replace such laws. Whether or not the Internal Complaint Resolution processes described in both policies are utilized, an HMC employee who believes that he or she has experienced discrimination, harassment, sexual misconduct or retaliation may file a complaint with the California Department of Fair Employment and Housing, or the United States Equal Employment Opportunity Commission. In addition, students and/or employees may file a complaint with the Office of Civil Rights, United States Department of Education.
A person who believes he or she has experienced discrimination, harassment, sexual misconduct, or retaliation should be aware that both state and federal law impose time deadlines for the filing of complaints, and that the use of the Internal Complaint Resolution processes described in this Policy and the Prohibited Discrimination and Harassment Policy will not change such filing deadlines.
In addition to HMC’s internal Complaint Resolution processes, an individual who is subjected to sexual misconduct may have recourse through the criminal justice system and/or civil litigation (including the right to seek a temporary restraining order and injunction prohibiting harassment pursuant to California Civil Code, section 527.6). HMC will provide full and prompt cooperation and assistance in notifying the proper law enforcement personnel if the individual chooses to pursue such legal action.
A criminal investigation into an allegation of sexual misconduct does not relieve or substitute for HMC’s duty and authority to conduct its own prompt review of a complaint. Accordingly, HMC will typically not wait for the conclusion of a criminal investigation or proceeding to begin its own concurrent investigation and resolution of an alleged violation. The standards for criminal proceedings differ from those used in campus proceedings. As a result, conduct that may not be subject to criminal action may still be addressed through HMC’s processes and procedures. A finding of “not guilty” in a criminal matter does not necessarily preclude a finding of an HMC policy violation in a campus proceeding.
Appendix B: What to do if you experience Sexual/Gender Violence
The first priority for a person who is sexually assaulted or subjected to another form of sexual/gender based violence is to seek safety. If there is an immediate danger or need for an emergency police or medical response, persons on campus should call Campus Safety at 909.607.2000 and/or dial 911. For persons off campus, dial 911.
Persons who experience any form of sexual misconduct are encouraged to seek support, as soon as possible, from someone trusted, such as a friend, family member, HMC faculty or staff member, or from one of the campus or community resources listed below.
On-Call Student Affairs Staff Students can reach an on-call staff member (commonly referred to as the “AD”) 24 hours a day, seven days a week, by calling Campus Safety 909.607.2000 and asking to be put in touch with the AD. Campus Safety will notify the AD who, in turn, will promptly contact the student directly.
Persons who experience sexual assault (particularly rape, forcible oral copulation or sodomy) are urged to seek medical treatment as soon as possible by going to the nearest hospital emergency room, specialized sexual assault treatment and trauma center, Student Health Services, or private physician.
The emergency room nearest HMC, which is also a County designated SART Center, is located at Pomona Valley Hospital Medical Center, 1798 N. Garey Avenue, Pomona, CA 91767, 909.865.9500. SART is a trauma informed/ survivor sensitive program designed to provide a team approach to responding to sexual assaults. Survivors may take a Support Person with them to the hospital. If assistance is needed in arranging for transportation or if a student would like a member of the HMC staff to accompany the student to the hospital, contact Campus Safety at 909.607.2000 and ask that the AD staff member be contacted. An AD is available whenever the College offices are closed to assist students in emergency situations.
Individuals who promptly seek medical attention benefit from being examined for physical injury, receiving preventative treatment for sexually transmitted diseases, a toxicology examination for date rape drugs, and emergency contraception. In addition, prompt reporting allows for the preservation of evidence, which will only be used if an individual decides (then or later) to press criminal charges or file civil suit.
To preserve evidence, an individual should not bathe, douche, smoke, brush your teeth or change clothes (a change of clothes should be brought along). If clothes have been changed, the original clothes should be put in a paper bag (plastic bags damage evidence) and brought to the hospital. Do not disturb the scene of the assault. If it is not possible to leave the scene undisturbed, evidence (e.g. bedding, towels, loose fabrics, prophylactics, and clothing) should be placed in separate paper bags to be preserved.
Time is a critical factor in collecting and preserving evidence. The physical evidence of an assault is most effectively collected within the first 24-48 hours of the assault, but some evidence may be collected for up to 72 hours. If, however, a report of an incident is made days, weeks, or even months after the assault, important support systems are still available and can be arranged, but the delay may make it more difficult to collect physical evidence of the sexual assault that could impact a criminal prosecution or civil lawsuit.
Hospitals that treat any physical injury sustained during a sexual assault are required to report it to law enforcement. An individual can choose whether or not to speak to police at the hospital and does not need to make an immediate decision to press criminal charges. That decision can be made at a later time.
If an individual does not wish to go to the hospital, Planned Parenthood, 1550 N Garey Avenue, Pomona, CA 91767, 800.576.5544may be contacted, which has healthcare providers who can test and provide preservative treatment for sexually transmitted diseases or an individual can see a personal health care provider for tests and treatment.
Confidential On-Campus Resources
Monsour Counseling and Psychological Services
Phone: 909.621.8202
Office: Tranquada Student Services Center, 1st Floor
Hours: Monday–Friday, 8 a.m.–5 p.m. (for after-hours emergencies, call Campus Safety)
Website: Monsour Counseling and Psychological Services
EmPOWER Center Sexual Assault & Intimate Partner Violence Resource Center
Phone: 909.607.2689
Office: 1030 Dartmouth Ave.
Hours: Monday–Friday, 8 a.m.–5 p.m.
Contact: Rima Shah at RShahEmPOWER@cuc.claremont.edu or Phone: 909.607.0690
McAlister Center Office of the Chaplains
Phone: 909.621.8685
Office: McAlister Center for Religious Activities
Hours: Monday–Friday, 8 a.m.–5 p.m.
Website: Chaplains
Off Campus Resources
House of Ruth
877.988.5559 (toll free)
Website: House of Ruth.
Provides emergency shelter, transitional housing and other services to women who are the survivors of domestic violence
Project Sister
909.623.1619 (24/7 Crisis Hotline)
Website: Project Sister
Provides crisis services to women and men who have been sexually assaulted or abused. Volunteer Advocates are also available to provide support and follow up services to sexual assault or abused survivors at the hospital, police station and court appearances.
National Sexual Assault 24/7 Crisis Hotline
800.656.4673
Website: About the National Sexual Assault Telephone Hotline.
Trained volunteers available to help survivors at affiliated crisis centers across the country.
HMC Employee Assistance Program
800.234.5465
Live and Work Well (access code claremontcolleges)
Available to benefit eligible faculty and staff] If you have been a survivor of sexual misconduct the sooner you seek help the more options you have available to you. The following steps are important to take as soon as possible.
Other Resources
Health Education Outreach, The Claremont Colleges Services
Phone: 909.607.3602
Office: Tranquada Student Services Center, 1st Floor
Hours: Monday–Friday, 10 a.m.–5 p.m. Wednesday, 10 a.m.–7:30 p.m. (for after-hours emergencies, call Campus Safety)
Special services: free, anonymous HIV testing (Tuesdays, 11 a.m.–12:40 p.m.)
Website: Health Education Outreach
Student Health Services, The Claremont Colleges Services
Phone: 909.621.8222
Office: Tranquada Student Services Center, 1st Floor
Hours: Monday, Tuesday, Friday, 8 a.m.–5 p.m.
Wednesday, 8 a.m.–7 p.m.
Thursday, 9 a.m.–5 p.m.
(for after-hours emergencies, call Campus Safety)
Special services: STI testing, confidential HIV testing, contraception and counseling, emergency contraception/Plan B, pregnancy testing and counseling
Website: Student Health Services
Harvey Mudd Advocates for Survivors of Sexual Assault
Peer Advocates
Email: advocates@g.hmc.edu
Title IX Process Pages
- I. Title IX Grievance Process Introduction
- II. Title IX Coordinator & The TCC Title IX Process Administrator
- III. Relevant Terms
- IV. Sexual Harassment & Retaliation
- V. Behavior That Does Not Constitute “Sexual Harassment” Under This Policy
- VI. Supportive Measures
- VII. Emergency Removal
- VIII. Administrative Leave (Employees Only)
- IX. Title IX Grievance Process
- X. Record-keeping
- XI. Clery Act Reporting
- XII. Periodic Review
- XIII. Revocation by Operation Law
- XIV. Non-Discrimination in Application
- XV. Effective Date
- Appendix A and B
- Appendix C and D
- Appendix E