I. Introduction

The purpose of this Policy (including its Addendum A and B (collectively “the Policy”)) is to set forth how the Claremont Colleges (TCC) prevent and respond to Sex-Based Harassment (a form of sex-based discrimination), and related Retaliation (collectively, “Prohibited Conduct”), as defined within this Policy. Prohibited Conduct, as defined by this Policy, is prohibited within all of the programs and activities of the TCC Institutions, and as set forth in this Policy. The Claremont Colleges is comprised of the following institutions:

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

Collectively, the TCC Institutions are referred to as “TCC” throughout this Policy. Individually, they are referred to as “TCC Institution.”^{Read footnote 1}

Each TCC Institution has its own formal governance structure and independent board. As a consortium, the TCC Institutions work together to resolve concerns that cross the boundaries of individual Institutions (cross-campus matters).

Each TCC Institution will also respond promptly to other forms of Sex-Based Harassment or discrimination on the basis of sex, such as discrimination on the basis of sex stereotypes, sex characteristics, pregnancy or related conditions, sexual orientation, gender identity, and gender expression that are not covered by this Policy but are prohibited by each TCC Institution in its individual nondiscrimination policies.

This Policy defines Prohibited Conduct and outlines TCC’s responsibilities and procedures related to addressing reports of Prohibited Conduct to ensure an equitable and inclusive education and employment environment. This Policy is adopted and overseen by each individual TCC Institution, consistent with each individual TCC Institution’s obligations as a recipient of federal funding under Title IX.

Allegations that involve conduct that allegedly violates this Policy, as well as other TCC Institution policies, and that are related to the same incident(s), may be joined under the same Resolution Process, including in one investigation and hearing conducted pursuant to Section XI. The decision to join interrelated conduct will be at the discretion of the Respondent’s Home Institution’s Title IX Coordinator in consultation with the TCC Title IX Administrator.

A. Purpose of this Policy

This Policy is enacted to allow each TCC Institution to comply with Title IX of the Educational Amendments of 1972 and its subsequent accompanying regulations pertaining to Prohibited Conduct, as defined under this Policy. 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.

This Policy also complies with California law, including conduct prohibited by California Education Code Section 212.5.5, 66262.5, and 67380. For TCC Institution’s whose employees are covered under this Policy, this Policy also sets forth those TCC Institutions’ obligations pertaining to Prohibited Conduct under the California Fair Employment & Housing Act and the California Education Code.

This Policy outlines the procedures TCC will follow to ensure a prompt and equitable resolution of complaints made by Complainants alleging Prohibited Conduct against Respondents, as defined in this Policy in Section XXIII. A TCC Institution is not precluded from investigating other conduct that, if proven, would not constitute Prohibited Conduct under this Policy but may constitute a violation of other TCC Institution policies.

Situations involving other conduct that may be in violation of other TCC Institution student or employee conduct policies should be reported to an individual’s Home Institution’s Title IX Coordinator.

B. Effective Date

This Policy is effective August 1, 2024, and only applies to Prohibited Conduct alleged to have occurred on or after August 1, 2024. (Note: some conduct may be covered by Addendum A to this Policy, as set forth in that addendum.)

Incidents alleged to have occurred before August 1, 2024 will be investigated and adjudicated according to the applicable definitions in place at the time the incident allegedly occurred. This may include allegations under:

• the definitions in the previous policy, The Claremont Colleges Title IX Sexual Harassment Policy (2020 TCC Title IX Policy), which addresses Title IX Sexual Harassment and Retaliation, alleged to have occurred between August 14, 2020 and July 31, 2024 (see Addendum B to this Policy for the 2020 Title IX Prohibited Conduct Definitions). The 2020 Title IX Resolution Procedures in Addendum A will be used.
• a TCC Institution-specific policy for conduct prohibited under California Education Code
• from January 1, 2022 – July 31, 2024 or for incidents of sexual harassment alleged to have occurred prior to August 14, 2020.

Type and Timing of Prohibited Conduct	Applicable Definitions of Prohibited Conduct	Applicable Resolution Procedures	Applicable Jurisdictional Test
On or After August 1, 2024 Title IX Prohibited Conduct under the 2020 Title IX Final Rule involving Covered Claremont McKenna Community Members	See Addendum A	2020 Title IX Resolution Procedures (Addendum A) + and any applicable 2024 TCC SM and SBH Interim Policy Principles that do not conflict with Addendum A	See Addendum A
August 14, 2020 – July 31, 2024 Allegations involving prohibited conduct under the 2020 Title IX Final Rule All other conduct addressed under applicable campus policy.	See Addendum B	2020 TIX Resolution Procedures (Addendum A) + and any applicable 2024 TCC SM and SBH Interim Policy Principles that do not conflict with Addendum A	See Addendum A (definition of Education Program and Activities)
On or After August 1, 2024 All other Prohibited Conduct	2024 TCC SM and SBH Interim Policy (Section IV. Prohibited Conduct)	2024 TCC SM and SBH Interim Policy Procedures (See Sections XIII – XVIII)	See Section III. Scope and Jurisdiction

Please contact your Home Institution’s Title IX Coordinator for questions regarding the applicable policy. The policy definitions in effect at the time of the alleged conduct will apply even if the policy is changed subsequently.

C. Application of Section 504/Americans with Disabilities Act to this Policy

Each TCC Institution adheres to the requirements of the Americans with Disabilities Act of 1990, as amended 2008 (ADAAA); Sections 504 of the Rehabilitation Act of 1973, as amended; and all other federal and state laws and regulations prohibiting discrimination on the basis of disability that are applicable to the TCC Institutions.

Parties and witnesses may request reasonable accommodations for disclosed disabilities to their Home Institution’s Title IX Coordinator or Human Resources professional at any time relating to the implementation of this Policy, including making a disclosure or report, and initiating a resolution process under this Policy.

The Home Institution’s 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 TCC Institution programs and activities. With the consent of the impacted student, staff, or faculty, the individual’s Home Institution’s Title IX Coordinator will work collaboratively with the appropriate department at their TCC Institution for review and response to the requested accommodation. The individual’s Home Institution’s Title IX Coordinator will ensure that approved reasonable accommodations (disability-related) are honored as applicable throughout any process related to this Policy.

D. Revocation by Operation of Law

Should any portion of the 2024 Title IX Final Rule, 89 Fed. Reg. 33474 (issued April 29, 2024 and effective August 1, 2024), be stayed or held invalid by a court of law, in whole or in part, or should the portions of this Policy in compliance with 2024 Title IX Final Rule be withdrawn or modified to not require specific requirements of this Policy, then this Policy, or the invalidated requirements of this Policy in compliance with the 2024 Title IX Final Rule, will be deemed modified or revoked as of the publication date of the opinion or order (or as otherwise ordered by the court) or as otherwise specified in any revisions to this Policy. In the event of a modification or revocation, TCC will provide the Parties with information regarding next steps. Should this Policy be revoked in this manner, any conduct covered under this Policy shall be investigated and adjudicated in compliance with Federal and California state law. (NOTE: this Policy was modified to address the August 28, 2024 court order staying the implementation of the 2024 Title IX Final Rule by Claremont McKenna College.)

Return to previous position ^[1] For purposes of Title IX, “Recipient” is reference to each TCC Institution.