I. Title IX Grievance Process Introduction

The Claremont Colleges believe all members of our community – including students, faculty, and staff – should pursue their work and education in a safe environment, free from discrimination, harassment, and retaliation.  The purpose of this Policy is to prevent and respond to Sexual Harassment, as defined within this Policy.

Sexual Harassment, as defined by this Title IX Sexual Harassment Policy (Policy), is prohibited within all of The Claremont Colleges.[1]  The Claremont Colleges will respond promptly and effectively to reports of Sexual Harassment.  Other forms of sexual discrimination, sexual harassment, and sexual exploitation that do not meet the definition of Sexual Harassment under this Policy, remain prohibited by each Institution in its individual policies.

This Policy addresses the member Institutions’ (see below) responsibilities and procedures related to Sexual Harassment, as defined in this Policy, to ensure an equitable and inclusive education and employment environment.  The Policy defines Sexual Harassment and Retaliation, and explains the administrative procedures member Institutions use to resolve reports of such conduct.

Which Institutions have Adopted this Policy?  

This Policy applies to member Institutions (except Keck Graduate Institute) that compose The Claremont Colleges.

The Claremont Colleges is composed of seven (7) individual Institutions[2]:

  • Pomona College
  • Claremont Graduate University
  • Scripps College
  • Claremont McKenna College
  • Harvey Mudd College
  • Pitzer College
  • Keck Graduate Institute

Collectively, the member Institutions are referred to as TCC throughout this Policy.

The Policy, while identical across TCC, is adopted and overseen by each individual Institution.

This Policy does not alter any institutional obligations under federal disability laws, including the Americans with Disabilities Act of 1990, and Section 504 of the Rehabilitation Act of 1973.  Parties and witnesses may request reasonable accommodations for disclosed disabilities to the Title IX Coordinator or Human Resources professional at any point before or during the Title IX Grievance Process. The Title IX Coordinator and/or Human Resources professional will submit any request for reasonable accommodation to the appropriate department for review and response.  The Title IX Coordinator and/or Human Resources professional will not affirmatively provide disability accommodations that have not been specifically requested by an individual, even where the individual may be receiving accommodations in other institutional programs and activities.

Who does this Policy Apply to?  

This Policy applies to any allegation of Sexual Harassment and/or Retaliation, brought against a student within TCC.  Some Institutions also apply this Policy to matters involving staff and faculty. 

TCC InstitutionAllegations Against StudentsAllegations Against FacultyAllegations Against Staff
Claremont Graduate UniversityXXX
Claremont McKenna CollegeX
Harvey Mudd CollegeX
Pitzer CollegeXXX
Pomona CollegeX
Scripps CollegeXXX
This policy is applicable as follows:

What is the Purpose of this Policy?  

This Policy is enacted to comply with Title IX of the Educational Amendments of 1972 and its subsequent accompanying regulations.  Title IX states:

No person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity receiving Federal financial assistance.

The U.S. Department of Education, which enforces Title IX, has long defined the meaning of Title IX’s prohibition on sex discrimination broadly to include various forms of sexual harassment and sexual violence that interfere with a student, staff, or faculty member’s participation in our educational programs and opportunities.

On May 6, 2020, the U.S. Department of Education issued a Final Rule under Title IX of the Education Amendments of 1972 (the Final Rule).  The Final Rule did a number of things, including:

  • Specifically redefined “Sexual Harassment,” (including forms of sex-based violence), for purposes of Title IX.
  • Addressed how an educational institution must respond to reports of Sexual Harassment, as defined by the Final Rule.
  • Mandated the grievance process an educational institution must follow before issuing disciplinary sanctions against a person accused of Sexual Harassment, as defined by the Final Rule.

Based on the requirements of the Final Rule, TCC implemented this TCC Title IX Sexual Harassment Policy effective August 14, 2020, and revised effective August 17, 2020, January 28, 2021, and February 15, 2021.[3]

This Policy outlines the procedures TCC will follow to ensure a prompt and equitable resolution of student and employee complaints alleging Sexual Harassment.  The Institutions are not precluded from investigating other conduct that, if proven, would not constitute Sexual Harassment under this Policy but may constitute a violation of other Institution policies.

How does this Policy Impact Other Campus Disciplinary Policies?  

Only incidents that would qualify as Sexual Harassment, as defined by this Policy, will be investigated and, if appropriate, brought to a live hearing through the process defined below.

Each Institution covered by this Policy remains committed to addressing any violations of its policies, even those that do not meet the narrow standards defined under the Final Rule.

If alleged misconduct falls outside this Policy (including alleged misconduct discovered in the course of investigating conduct falling within this Policy), each Institution retains authority to investigate and adjudicate the allegations under their individual policies and procedures.

The elements and process established in this Policy, and as required under the Final Rule, have no effect on any other Institution policy or Code of Conduct.  This Policy does not set a precedent for other policies or processes of the Institutions and may not be cited for or against any right or aspect of any other policy or process.

How does this Policy Impact the Handling of Complaints? 

Institutions’ existing Title IX Offices and reporting structures remain in place. This Policy changes the way the Title IX Offices handle reports alleging Sexual Harassment, as defined by this Policy.

Further, as outlined in Section XV., this Policy applies only to Sexual Harassment (as defined by this Policy) alleged to have occurred on or after August 14, 2020.  Incidents of Sexual Harassment alleged to have occurred before August 14, 2020 will be investigated and adjudicated according to the process and definitions in place at the time of the alleged incident.

What is the Difference Between Reporting and Disclosing Sexual Harassment?

Some individuals within TCC are required to report alleged misconduct, including Sexual Harassment, when they learn of the alleged behavior.  Other individuals, including Confidential Resources, are not required to report Sexual Harassment.  The information below provides additional clarification:

  • Reporting Sexual Harassment. Any person may report misconduct, including Sexual Harassment.  The reporting party need not be the purported victim of the Sexual Harassment.

Any person wishing to report Sexual Harassment may do so utilizing the contact information of the Title IX Coordinator for their individual Institution (Home Institution).  These reports shall be accepted when received in-person, via mail, electronic mail, telephone, and/or by any other means clearly defined by TCC.  Any person can report alleged Sexual Harassment verbally or in writing.

If an individual communicates with a Responsible Employee (defined in Section III) that they experienced or are aware of specific incidence(s) of alleged Sexual Harassment, that communication is considered a report of Sexual Harassment and the Responsible Employee is required to inform their Title IX Coordinator. The Responsible Employee is expected to keep information about any report in confidence, meaning they are not to share with anyone other than the Title IX Coordinator.

If an individual communicates with their Title IX Coordinator that they experienced or are aware of specific incidence(s) of alleged sexual misconduct, harassment and/or discrimination, that communication is also considered a report of a possible Policy violation. The Title IX Coordinator is also obligated to keep information about a report in confidence to every extent possible by law.

Upon receipt of a report of Sexual Harassment, the Institution is required to respond.  This response may include the initiation of the Title IX Grievance Process.[4]  Reports of Sexual Harassment do not automatically initiate the Title IX Grievance Process.  The Title IX Grievance Process is only initiated upon receipt of a signed Formal Complaint, as defined in Section III.

  • Disclosing Sexual Harassment. A disclosure is made when an individual communicates with a Confidential Resource (defined below) or someone who is not a Responsible Employee (defined below) about misconduct, including Sexual Harassment, that they either experienced or became aware of. A disclosure to a Confidential Resource will be kept confidential unless otherwise requested by the disclosing individual.  A disclosure does not result in any formal report or initiation of the Title IX Grievance Process unless requested by the disclosing individual. Each Institution’s Title IX Coordinator maintains a list of all Confidential Resources available to students, staff, and faculty.

Accordingly, if an individual wishes to discuss alleged Sexual Harassment without initiating the Title IX Grievance Process, they may disclose the conduct to a Confidential Resource.

Publication

This Policy shall be distributed and made available to all members of the TCC community.  The Policy, and contact information for each Title IX Coordinator, shall be present on each Institution’s website.  Every handbook and/or catalog made available to the members of each Institution’s community shall contain a link to this Policy and the contact information for the Institution’s Title IX Coordinator.

[1] Title IX Sexual Harassment now refers to specific forms of sexual misconduct (see Section IV).  Conduct that does not meet the definition of Sexual Harassment, as defined by this Policy, may still be addressed through other policies and processes, such as those under the Institution’s student codes of conduct, civil rights policies, discrimination and harassment policies, and/or any other applicable policy adopted by an individual Institution.  Interrelated conduct that includes allegations of conduct prohibited by this Policy, as well as conduct outside of this policy, may be joined in one investigation and hearing, as outlined in Section IX.A.11.

[2] Each Institution has its own formal governance structure and independent board.  As a consortium, the Institutions work together to resolve concerns that cross the boundaries of individual Institutions.

[3] Non-substantive, clarifying revisions were made on April 12, 2021.

[4] “The Title IX Grievance Process” refers to the process initiated upon receipt of a Formal Complaint.  The Title IX Grievance Process is explored in detail in Section IX.