Appendix E: Harvey Mudd College’s External Reporting, Timely Warning and FERPA Disclosure Obligations

I. The Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act (“Clery Act”)

A. Statistical Reporting

Under the Clery Act, certain College officials have a duty to report certain misconduct for federal statistical reporting purposes. All personally identifiable information is kept confidential, but statistical information must be passed along to campus law enforcement regarding the type of incident and its general location (on or off-campus, in the surrounding area, but no addresses are given) for publication in the annual Campus Security Report. This report helps to provide the community with a clear picture of the extent and nature of campus crime, to ensure greater community safety. Mandated federal reporters include: student/conduct affairs staff, campus law enforcement, local police, coaches, athletic directors, residence life staff, student activities staff, human resources staff, advisors to student organizations and any other official with significant responsibility for student and campus activities. The information to be shared includes the date, the location of the incident (using Clery location categories) and the Clery crime category. This reporting protects the identity of the survivors and may be done anonymously.

The Clery Act permits the College to publicly release the name, the nature of the violation and the sanction(s) for any student who is found in violation of a College policy that is a “crime of violence,” including: arson, burglary, robbery, criminal homicide, sex offenses, assault, intimidation (which may encompass stalking and/or bullying), hazing, destruction/ damage/vandalism of property and kidnapping/abduction. The College will release this information to the Reporting Party in any of these offenses regardless of the outcome. FERPA allows for the release of student records beyond the Clery exceptions discussed above. Harvey Mudd College reserves the right to exercise discretion in making specific outcome information available to the community at large.

B. Timely Warning

Reporting Parties should also be aware that College administrators must issue immediate timely warnings for incidents reported to them that are confirmed to pose a substantial threat of bodily harm or danger to members of the campus community. For purposes of the Timely Warning requirement, the College will not disclose a Reporting Party’s name. However, the College will provide enough information for community members to make safety decisions in light of the danger. The reporters for timely warning purposes are exactly the same as detailed in the paragraph above.

II. Family Educational Rights and Privacy Act (“FERPA”)

A finding that a violation of HMC’s sexual misconduct policy has occurred will become a part of the educational record of the Responding Party, if the Responding Party is a student. The educational records of students are protected from release under a federal law, FERPA. The College complies with FERPA regulations regarding the privacy of student records and observes the following exceptions to FERPA as mandated by the Clery Act:

The Responding Party(ies) in a non-consensual sexual contact/intercourse incident have the right to be informed of the finding, and sanction(s) of the investigation, in writing, without condition or limitation.
The Responding Party(ies) in sexual exploitation, sexual harassment, stalking, relationship violence and any other gender-based offense have the right to be informed of the finding, in writing, and to be informed of any sanction(s) that directly relate to them, and to essential facts supporting the outcome when the outcome is “responsible” (and the underlying offense is a crime of violence as defined below and in 34 C.F.R. 99.39) and/or it is equitable to share the essential findings with all parties.

Complaints of discrimination or harassment that are not governed by the TCC Title IX Grievance Process are subject to investigation and resolution under policies and procedures of the Respondent’s college. Accordingly, complaints of discrimination and harassment in which a Harvey Mudd College student is named as a Respondent are governed by the policies and procedures set forth in the Harvey Mudd College Sexual Misconduct and Complaint Resolution Policy or the HMC Prohibited Discrimination, Harassment and Retaliation Policy.

III. Confidentiality & Privacy

The College and TCC is committed to protecting the privacy of all individuals who are involved in a report of Prohibited Conduct. All College and TCC employees who are involved in the Title IX response, including the Title IX Coordinator, investigators, and hearing panel members, receive specific instruction about respecting and safeguarding private information. Throughout the process, every effort will be made to protect the privacy interests of all individuals involved in a manner consistent with the need for a thorough review of the report.

Privacy and confidentiality have distinct meanings under this Policy.

A. Privacy

Privacy generally means that information related to a report of misconduct will only be shared with a limited circle of individuals. The use of this information is limited to those College employees who “need to know” to assist in the active review, investigation, or resolution of the report. While not bound by confidentiality, these individuals will be discreet and respect the privacy of all individuals involved in the process.

B. Confidentiality

Reports concerning conduct prohibited under this Policy will be addressed confidentially to the extent possible. Such reports will be disclosed only to individuals who, in the interests of fairness and resolution, have a need to know, and as otherwise required by law. Persons involved in the administration of this Policy are required to maintain confidentiality.

In certain circumstances identified in California Education Code section 67383, the College is required to forward information concerning reports of violent crimes, including reports of sexual assaults, to a local law enforcement agency. Such information is forwarded without identifying the Complainant and Respondent, unless explicit consent is provided by the Complainant allowing for the sharing of personally identifying information. If the Complainant is under the age of 18, the College is required to comply with child abuse reporting laws.

Members of the HMC community who wish to seek advice or assistance concerning, or to discuss options for dealing with, sexual misconduct on a strictly confidential basis may speak with licensed counselors, clergy, medical providers in the context of seeking medical treatment, and rape crisis counselors, who, except in very narrow circumstances specified by law, will not disclose confidential communications. Students who wish to speak to a licensed counselor on a confidential basis may contact the Claremont Colleges Services Monsour Counseling Center or EmPOWER Center. The Employee Assistance Program is a resource for faculty and staff. The Chaplains of The Claremont Colleges are also available to counsel students, faculty, and staff on a confidential basis.

All participants in a grievance process involving an alleged violation of this Policy will be informed that confidentiality helps enhance the integrity of the process, protect the privacy interests of the parties, and protect the participants from statements that might be interpreted to be retaliatory or defamatory. At the beginning of the process, the Complainant and Respondant will be asked to keep information related to the process private during the pendency of the process. This does not preclude the Complainant or Respondent Party from sharing information with family, legal counsel, advisors/support persons, or others as necessary in connection with the marshalling and presentation of evidence in connection with the process. Witnesses and support persons will, similarly, be asked to respect the privacy of the process.

C. Responsible Employees

Under Title IX, HMC is required to take immediate and corrective action if a “responsible employee” knew or, in the exercise of reasonable care, should have known about Prohibited Conduct. A “responsible employee” includes any employee who:

Has the authority to take action to redress the harassment;
Has the duty to report to appropriate school officials sexual harassment or any other misconduct by students or employees; or
A student could reasonably believe has the authority or responsibility to take action.

Using this lens, employees with supervisory and leadership responsibilities on campus are considered “responsible employees.” This may include, for example, faculty, coaches, administrators, proctors, mentors, and student leaders with a responsibility for student welfare.

The College requires that all “responsible employees” share a report of Prohibited Conduct or suspected Prohibited Conduct with the Title IX Coordinator or a member of the Title IX team.

The College also encourages all employees, even those who are not obligated to do so by this Policy, to report information regarding any incident of Prohibited Conduct directly to the Title IX Coordinator, a member of the Title IX team, a “responsible employee,” or Campus Safety. The College cannot take appropriate action unless an incident is reported to the College.

The Title IX team, under the guidance of the Title IX Coordinator, will conduct an initial assessment of the conduct, the Complainant expressed preferences, if any, as to course of action, and the necessity of any interim measures to protect the safety of the complainant or the community.

D. Request for Confidentiality

Where a Complainant requests that their name or other identifiable information not be shared with the Respondent or that no formal action be taken, the College will balance the request with HMC’s obligation to provide a safe and non-discriminatory environment for all College community members and to remain true to principles of fundamental fairness which require notice and an opportunity to respond before action is taken against a Respondent. In making this determination, the College may consider the seriousness of the conduct, the respective ages and roles of the Complainant and Respondent, whether there have been other complaints or reports of harassment or misconduct against the Respondent, and the rights of the Respondent to receive notice and relevant information before disciplinary action is sought. In some cases, the Title IX Coordinator, in consultation with appropriate administrators and TCC, may determine that the College needs to proceed with an investigation based on concern for the safety or well-being of the broader HMC community (e.g., concern about the risk of future acts of sexual violence or a pattern of sexual misconduct). HMC reserves the right to take appropriate action in such circumstances, including in cases where the individual reporting the Prohibited Conduct is reluctant to proceed.

The College will take all reasonable steps to investigate and respond to a report consistent with a Complainant’s request for confidentiality or request not to take any action in response to the report, but HMC’s ability to do so may be limited based on the nature of the Complainant’s request. Where the College is unable to act in a manner consistent with a Complainant’s request, the Title IX Coordinator or a member of the Title IX team will inform the Complainant about the chosen course of action, which may include the College’s seeking disciplinary action against a respondent. The chosen course of action may, alternatively, include steps to limit the effects of the alleged misconduct and prevent its recurrence without taking formal disciplinary action against or revealing the identity of the Respondent.

E. Timely Warnings

If a report of misconduct discloses a serious or continuing threat to the HMC community, the College may issue a campus-wide timely warning (which may take the form of an email to campus) to protect the health or safety of the community. The timely warning will not include any identifying information about the complainant. Even where there is no imminent threat, the College may send campus-wide email notifications on all reported sexual misconduct.

At no time will the College release the name of the Complainant to the general public without the express consent of the Complainant. The release of the Respondent name to the general public is guided by the Family Educational Rights and Privacy Act (FERPA) and the Clery Act.

All College proceedings are conducted in compliance with the requirements of FERPA, the Clery Act, Title IX, and state and federal law. No information shall be released from such proceedings except as required or permitted by law and College Policy. For more information on timely warnings and FERPA, please see “Appendix F: Harvey Mudd College’s External Reporting, Timely Warning, and FERPA Disclosure Obligations.”

The College is committed to treating all members of the community with dignity, care, and respect. Any individual who experiences or is affected by Prohibited Conduct, whether as a Reporting Party, a Responding Party, or a third party, will have equal access to support and counseling services through the College. Interim measures (supportive and protective) are also available to all parties (see Section VIII of this Policy).

The College recognizes that deciding whether and how to make a report to the College or law enforcement can be difficult decisions. Making a report means telling someone in authority what happened, whether in person, by telephone, in writing, or by email. All individuals are encouraged to seek the support of campus and community resources. These trained professionals can provide guidance in making decisions, information about available resources and procedural options, and assistance to either party in the event that a report and/or resolution under this Policy is pursued. Individuals are encouraged to use all available resources on and off campus, regardless of when or where the incident occurred.

There are many resources available on campus and in the surrounding community. As detailed below, there are Confidential Resources that by law cannot share information without the consent of the individual seeking assistance. There are also a variety of College resources that will be discreet and private but are not considered confidential. These resources will maintain the privacy of an individual’s information within the limited circle of those involved in the resolution of a complaint under this Policy. For more information about the difference between privacy and confidentiality, see Section IV of this Policy.

F. Confidential Resources

HMC encourages all community members to make a prompt report of any incident of Prohibited Conduct to the College and, in the case of incidents involving sexual violence, to law enforcement as well. For individuals who are not prepared to make a report, or who may be unsure what happened but are still seeking information and support, there are several legally protected, confidential resources available as designated below. These confidential resources will not share information with the College or anyone else without the individual’s permission.

On Campus Confidential 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 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 Confidential Resources:

Project Sister Family Services Crisis Hotline*
Hotline: 909.626.4357
Hours: 24/7
Website: Project Sister

Project Sister Family Services Walk-in Counseling*
Phone: 909.966.4155
Email: info@projectsister.org
Office: 363 S. Park Ave. #303
Hours: Monday–Thursday, 5–7 p.m.
Website: Project Sister walk-in clinic

House of Ruth Hotline* (Dating violence)
Hotline: 877.988.5559
Hours: 24/7
Website: House of Ruth

Love is Respect National Dating Abuse Hotline*
Hotline: 866.331.9497
Text: “loveis” to 22522
Online: Love is Respect: Chat With Us
Website: Love is Respect

National Domestic Violence Hotline*
Hotline: 800.799.7233
Hours: 24/7
Website: National Domestic Violence Hotline

RAINN National Sexual Assault Crisis Hotline*
Hotline: 800.656.4673
Hours: 24/7
(This hotline will transfer you to a local crisis hotline based on your phone’s area code.)
Website: RAINN
RAINN National Sexual Assault Crisis Online Chat*
Website: RAINN Online Chat
Hours: 24/7

Love is Respect National Dating Abuse Hotline*
Hotline: 866.331.9497
Text: “loveis” to 22522
Online: Love is Respect: Chat With Us
Website: Love is Respect

G. Medical Resources

A medical provider can provide emergency and/or follow-up medical services. A medical exam has two goals: first, to diagnose and treat the full extent of any injury or physical effect (including prevention of sexually transmitted illnesses and pregnancy) and second, to properly collect and preserve evidence. There is a limited window of time following an incident of sexual assault to preserve physical and other forms of evidence. See Appendix C (What to Do If You Experience a Sexual/Gender Violence), to this Policy for additional information.

Taking the step to gather evidence immediately does not commit an individual to any particular course of action. The decision to seek timely medical attention and gather any evidence will, however, preserve the full range of options to seek resolution under this Policy or through the pursuit of criminal prosecution.

On campus, the Student Health Service can provide medical care but is not equipped for forensic examinations.

The medical facility closest to HMC which is equipped to provide emergency care and provide sexual assault sexual exams is:

Pomona Valley Hospital Medical Center (“PVHMC”)
1798 North Garey Avenue
Pomona, CA 91767
Phone: 909.865.9500
Emergency Room: 909.865.9600

PVHMC is also a Los Angeles County designated Sexual Assault Team Center (“SART”). A SART is a trauma informed/survivor sensitive program designed to provide a team approach to responding to sexual assaults.

H. Additional Campus Resources

In addition to the Title IX team and the resources listed above, HMC community members have access to a variety of other resources provided by the College. The staff members listed below are trained to support individuals affected by sexual violence and to coordinate with the Title IX Coordinator consistent with the College’s commitment to a safe and healthy educational environment.

HMC On-Call Dean
An on-call dean is available for assistance outside of normal business hours by contacting Campus Safety and asking to be connected to the HMC on-call dean at 909.607.2000.

Campus Safety
Phone 909.621.8170
Office: Pendleton Business Building
Hours: 24/7
Website: Campus Safety

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
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

HMC Employee Assistance Program, Optum (for eligible faculty and staff)
800.234.5465
Live and Work Well (access code claremontcolleges)

If you are a victim or survivor of sexual harassment or 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.

The College encourages all individuals to seek assistance from a medical provider and/or law enforcement immediately after an incident of sexual violence. This is the best option to ensure preservation of evidence and to begin a timely investigative and remedial response.

The College also encourages all individuals to make a report to the College and law enforcement. The College will provide assistance in notifying law enforcement if the individual so chooses. An individual who experiences sexual violence also has the right to decline to notify law enforcement.

Making a report to the College and law enforcement are not mutually exclusive. Both internal and criminal reports may be pursued simultaneously. The College has a strong interest in supporting individuals who have been subjected to sexual violence and other forms of Prohibited Conduct.

Making a report means telling someone in authority what happened, whether in person, by telephone, in writing, or by email. At the time a report is made, a Reporting Party does not have to decide whether or not to request any particular course of action, nor does a Reporting Party need to know how to label what happened. Choosing to make a report, and deciding how to proceed after making the report, can be a process that unfolds over time.

The College provides support that can assist each individual in making these important decisions and, to the extent legally possible, will respect an individual’s autonomy in deciding how to proceed. In this process, the College will balance the individual’s interest with its obligation to provide a safe and non-discriminatory environment for all members of the College community.

Any individual who reports Prohibited Conduct can be assured that all reports will be investigated and resolved in a fair and impartial manner. A Reporting Party, a Responding Party, and all individuals involved can expect to be treated with dignity and respect. Upon any report under this Policy, the College will make an immediate assessment of any risk of harm to the Reporting Party or to the broader campus community and will take reasonable steps necessary to address those risks. Such steps will include interim measures to provide for the safety of the individual and the campus community.

IV. Emergency and External Reporting Options

HMC strongly encourages all individuals who experience any form of sexual or intimate partner violence to contact the Claremont Police Department immediately. The Claremont Police Department can be reached by calling Campus Safety if one is on campus (909-607-2000) or by dialing 911 if one is off campus.

An on-call dean is also available to respond to calls for assistance outside of normal business hours and can be reached by calling Campus Safety (909.607.2000) and requesting to be connected to the HMC on-call dean.

As indicated above, the medical facility nearest to HMC which is equipped to provide emergency care is Pomona Valley Hospital Medical Center.

Reporting Parties may also pursue civil remedies (including a temporary restraining order or injunctive relief) from a court of law or file an administrative complaint with a government agency. For more information concerning external complaint resolution options, see Appendix B to this Policy for more information concerning External Complaint Resolution Options.

B. Campus Reporting Options

Reports concerning conduct prohibited under this Policy should be submitted to the Title IX Coordinator, a Deputy Title IX Coordinator, or a “responsible employee” by telephone, by e-mail, or in person as soon as possible after an incident. Reports may be submitted to the Title IX Team online at: https://cm.maxient.com/reportingform.php?HarveyMuddCollege&layout_id=2.

Reports may also be submitted to:

Campus Safety
Phone 909.621.8170
Office: Pendleton Business Building
Hours: 24/7
Website: Campus Safety

C. Anonymous Reporting

Any individual may make an anonymous report concerning an act of Prohibited Conduct. An individual may report the incident without disclosing their name, identifying the complainant or requesting any action. The College’s ability to respond to an anonymous report may, however, be limited depending on the extent of information available about the incident or the individuals involved.

All reports go to the Title IX Coordinator or Campus Safety. The links to these reporting pages are respectively (1) Title IX Incident Report Form – Sexual Harassment and/or Sexual Misconduct and (2) Silent Witness Incident Reporting. . Opens in new tab

Upon receiving an anonymous report, the Title IX Coordinator will determine any appropriate steps, including individual or community remedies as appropriate, in consultation with the Assistant Vice President of Campus Safety and in compliance with all Clery Act obligations.

D. Reporting Considerations: Timeliness and Location of Incident

Complainant’s and third parties are encouraged to report Prohibited Conduct as soon as possible to maximize the College’s ability to respond promptly and effectively.

There is no time limit for making a report involving Prohibited Conduct, but HMC’s ability to respond may diminish over time, as evidence may erode, memories may fade, and Respondent may no longer be affiliated with HMC.

An incident need not occur on campus to be reported to the College. Off-campus conduct that is likely to have a substantial effect on the Complainant’s on-campus life and activities, or which poses a threat or danger to members of the HMC community, may also be addressed under other polices set in place by HMC.

If the Respondent is not a member of the HMC community, the College will still seek to take steps to end the harassment, prevent its recurrence, and address its effects, though HMC’s ability to take disciplinary action against the Respondent may be limited.

E. Amnesty for Alcohol or Other Drug Use

HMC encourages the reporting of prohibited conduct under this Policy. It is in the best interest of the College community that as many complainant’s as possible choose to report to College officials, and that witnesses come forward to share what they know. To encourage reporting, an individual who reports Prohibited Conduct, either as a complainant or a third-party, will not be subject to disciplinary action by the College for their own personal consumption of alcohol or drugs at or near the time of the incident, provided that any such violations did not and will not place the health or safety of any other person at risk. The College may, however, initiate an educational discussion or pursue other educational remedies regarding alcohol or other drugs.

F. Coordination with Law Enforcement

As explained above, the College will assist a person who experiences sexual or intimate partner violence, or other forms of Prohibited Conduct which may constitute a crime, in making a criminal report and will cooperate with law enforcement agencies if an individual decides to make a criminal complaint.

The burden of proof to establish a violation of this Policy differs from California criminal law. An individual may seek recourse under this Policy and/or pursue criminal action. Neither law enforcement’s determination whether or not to prosecute a Responding Party, nor the outcome of any criminal prosecution, are determinative of whether a violation of this Policy has occurred. Proceedings under this Policy may be carried out prior to, simultaneously with, or following off-campus civil or criminal proceedings.

At the request of law enforcement, the College may agree to defer its complaint resolution process until after the initial stages of a criminal investigation. The College will, nevertheless, communicate with the complainant regarding Title IX rights, procedural options, and the implementation of interim measures to assure the safety and well-being of the complainant. The College will promptly resume its complaint resolution process as soon as it is informed that law enforcement has completed its initial investigation.

H. False Reports

The College will not tolerate intentional false reporting of incidents. The College takes the accuracy of information very seriously, as a charge of Prohibited Conduct may have severe consequences. A good-faith complaint that results in a finding of not responsible is not considered a false or fabricated accusation of sexual misconduct. When, however, a Reporting Party or third-party witness is found to have fabricated allegations or given false information with malicious intent or in bad faith, the individual may be subject to disciplinary action. Intentionally making a false report of any policy violation constitutes a violation of the Code of Conduct and may also constitute a violation of state criminal statutes and civil defamation laws.

I. Reports Involving Minors or Suspected Child Abuse

Under California law, all College employees are required to promptly report suspected child abuse and/or neglect, including sexual assault, when they know or reasonably suspect that a minor under the age of 18 has been the victim of child abuse or neglect. This duty exists regardless of whether the abuse or neglect is observed at work or in our private lives.

All College employees are required to immediately report any suspected child abuse and neglect to one of the numbers set forth below. If the abuse or neglect involves a member of the College community, the employee should also promptly report the incident to the Title IX Coordinator or a member of the Title IX team. The source of abuse does not need to be known in order to file a report.

It is not the responsibility of any employee, student, or volunteer to investigate suspected child abuse. This is the role of Child Protective Services and law enforcement authorities.

In addition to notifying the Title IX Coordinator or member of the Title IX team, any individual is required to make a direct report if a child is in immediate danger, call 911.

If there is no immediate danger, contact the Los Angeles County.