Appendix C and D

Appendix C: Frequently Asked Questions

Below are some questions regarding sexual misconduct that are often asked by students:

Does information about a complaint remain confidential?

The confidentiality of all parties to a complaint of sexual misconduct must be respected, insofar as it does not interfere with the College’s obligation to fully investigate allegations of sexual misconduct. Where confidentiality is not strictly kept, it will still be tightly controlled on a need-to-know basis. Dissemination of information and/or written materials to persons not involved in the complaint procedure is not permitted.

Violations of the privacy of the complainant or the Respondent may lead to disciplinary action by the College. In all complaints of sexual misconduct, both parties will be informed of the outcome. In some instances, the College may choose to make a brief public announcement of the nature of the violation and the action taken, without using the name or identifiable information of the alleged survivor. Certain College administrators are informed of the outcome within the bounds of student privacy (e.g., the President, Dean of Students, Director of Campus Safety, Title IX Coordinator). If there is a report of alleged sexual misconduct to the College and there is evidence that a felony has occurred, local police will be notified if the complainant consents. This does not mean charges will be automatically filed or that a complainant must speak with the police. The College also must statistically report the occurrence on campus of major violent crimes, including certain sex offenses, in an annual report of campus crime statistics. This statistical report does not include personally identifiable information.

Will I (as a survivor) have to pay for counseling/or medical care?

Students can access the Student Health and Counseling Services, and the Counseling Services also hosts a support group for survivors of sexual assault. If you are accessing community and non-institutional services, payment for these services may be covered by your health insurance plan; please check your coverage. If you have elected coverage under the Claremont College’s Student Health Insurance Plan (“SHIP”), payment for these services may also be covered under this insurance plan. SHIP documentation is available at: Student Health Services.

What, if anything, will my parents be told?

The College’s primary relationship is to you, the student, and not to your parent/guardian. College officials will only speak with your parents/guardians at your request or when there is a significant threat to your health or safety.

Do I have to name the alleged perpetrator?

Yes, if you want the College to pursue its Investigation and Resolution Processes as outlined in the College’s Policy on Discrimination, Harassment, Sexual Misconduct and Retaliation. No, if you choose to respond informally and do not file a formal complaint. You should consult the confidentiality provisions set forth in the policy in Section 12 of the Policy. Reporting Parties should be aware that not identifying the alleged perpetrator may limit the College’s ability to respond comprehensively.

Will the alleged perpetrator know my identity?

Yes, if you file a formal complaint. Sexual misconduct is a serious offense and the Respondent has the right to know the identity of the complainant/survivor.

What do I do if I am accused of sexual misconduct?

DO NOT contact the Respondent. You may want to speak with someone in the campus community who can act as your Support Person/advisor. The Title IX Coordinator can explain the College’s resolution processes for addressing sexual misconduct complaints. You may also want to seek confidential counseling through the Student Health and Counseling Services or seek support through off-campus services in the community.

What about legal advice?

Reporting Parties do not need private legal counsel to pursue criminal prosecution because representation will be handled by the District Attorney’s office. However, you may want to retain an attorney if you are considering filing a civil action. Responding Parties may want to retain legal counsel given the potential for criminal and/or civil action.

What about changing residence hall rooms or other accommodations?

Either party may request a room change through the Title IX Coordinator who will work with the Dean of Students Office. Other accommodations available to the parties may include:

  • Assistance with or rescheduling an academic assignment (paper, exams, etc.);
  • Assistance in requesting an incomplete in a class;
  • Assistance with transferring class sections, if available;
  • Temporary withdrawal;
  • Assistance with alternative course completion options; and
  • Other accommodations for safety as necessary.

What should I do about obtaining medical treatment and preserving evidence of a sexual assault?

Survivors of a 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 you need assistance arranging for transportation or would like a member of the HMC staff to accompany, you to the hospital. Contact Campus Safety at (909) 607-2000 and ask that the On-Call Student Affairs staff member be contacted. An On-Call Student Affairs Staff member (aka AD) is available whenever the College offices are closed to assist students in emergency situations.

Survivors 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 you decide (then or later) to press criminal charges or file civil suit.

To preserve evidence, you 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, you choose to report the incident days, weeks, or even months after the assault, important support systems are still available and can be arranged, but you need to know that 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. You may choose whether or not to speak to police at the hospital and do not need to make an immediate decision to press criminal charges. That decision can be made at a later time.

If you do not wish to go to the hospital you may choose to contact Planned Parenthood, 1550 N Garey Avenue, Pomona, CA 91767, (800) 576-5544, which has healthcare providers who can test and provide preservative treatment for sexually transmitted diseases or see a personal health care provider for tests and treatment.

Will the complainant be sanctioned when reporting a sexual misconduct if they have illegally used drugs or alcohol?

No. The severity of the infraction will determine the nature of the College’s response, but whenever possible the College will respond educationally rather than punitively to the illegal use of drugs and/or alcohol. The seriousness of sexual misconduct is a major concern and the College does not want any of the circumstances (e.g., drug or alcohol use) to inhibit the reporting of sexual misconduct.

Will the use of drugs or alcohol affect the outcome of a sexual misconduct complaint?

The use of alcohol and/or drugs by either party will not diminish the Respondent’s responsibility. On the other hand, alcohol and/or drug use is likely to affect the Complainant’s memory and, therefore, may affect the outcome of the complaint. A person bringing a complaint of sexual misconduct must either remember the alleged incident or have sufficient circumstantial evidence, physical evidence and/or witnesses to support their complaint. If the complainant does not remember the circumstances of the alleged incident, it may not be possible to impose sanctions on the Respondent without further corroborating information. Use of alcohol and/or other drugs will never excuse a violation by a Respondent.

Will either party’s prior use of drugs and/or alcohol be a factor when reporting sexual misconduct?

Not unless there is a compelling reason to believe that prior use or abuse is relevant to the present complaint.

What should I do if I am uncertain about what happened?

If you believe that you have experienced sexual misconduct but are unsure of whether it was a violation of the College Policy, you should contact the College’s Title IX Coordinator who can explain the Policy and resolution options. If you would like to speak with someone in strict confidence to explore the incident, you may want to first speak with a counselor at Monsour Counseling and Psychological Services, a chaplain from the McAlister Center, the EmPOWER center or a rape crisis hotline.

Appendix D: Sexual Misconduct Prevention and Risk Reduction

Prevention

If you find yourself in the position of being the initiator of sexual behavior, you owe sexual respect to your potential partner and yourself. These suggestions may help you avoid committing a nonconsensual sexual act and reduce your risk of being accused of sexual misconduct:

  • Clearly communicate your intentions to your sexual partner and give your partner a chance to clearly communicate intentions to you.
  • Understand and respect personal boundaries. Do not pressure a potential partner.
  • DON’T MAKE ASSUMPTIONS about consent; about someone’s sexual availability; about whether the individual is attracted to you; about how far you can go or about whether the individual is physically and/or mentally able to consent. If there are any questions or if there is any ambiguity then you DO NOT have consent and you should stop.
  • If you think you are receiving unclear or conflicting messages from your partner, this is a clear indication that you should stop, defuse any sexual tension and communicate better.
  • Don’t take advantage of someone’s drunkenness, drugged, or otherwise incapacitated state, even if the individual personally caused this.
  • Realize that your potential partner could be intimidated by you, or fearful. You may have a power advantage simply because of your gender or size. Don’t abuse that power.
  • Understand that consent to some form of sexual behavior does not automatically equal consent to any other form of sexual behavior.
  • Silence and passivity cannot be interpreted as an indication of consent. Read your potential partner carefully, paying attention to verbal and non-verbal communication and body language. If you are not sure, stop.

Risk Reduction

Risk reduction tips can, unintentionally, take a victim-blaming tone. With no intention to victim- blame, and with recognition that only those who commit sexual violence are responsible for such conduct, these suggestions may nevertheless help you to reduce your risk of experiencing a non-consensual sexual act.

  • If you have sexual limits, make them known as early as possible.
  • If you do not want to engage in a particular activity, tell the other person “NO” clearly and firmly.
  • Try to remove yourself from the physical presence of a sexual aggressor, if you can do so safely.
  • If someone is nearby, ask for help or if it is safe to do so, text or call someone.
  • Take affirmative responsibility for your alcohol intake/drug use and acknowledge that alcohol/drugs lower your sexual inhibitions and may make you vulnerable to someone who views a drunk or high person as a sexual opportunity.
  • Take care of your friends and ask that they take care of you. A real friend will challenge you if you are about to make a mistake. Respect them when they do.