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Claremont Graduate University    
 
    
 
  Oct 18, 2017
 
2017-2018 Bulletin

University Policies


Code of Conduct

Claremont Graduate University is committed to maintaining a community and environment that promotes our educational mission of preparing a diverse group of outstanding individuals to assume leadership roles in the worldwide community through research, teaching, and practice in selected fields. Students, faculty, and staff are expected to respect the person and property of all constituents, and the educational and administrative processes and policies of Claremont Graduate University and The Claremont Colleges.

Violation of this basic code of conduct on the property of any of The Claremont Colleges or the Claremont University Consortium constitutes an offense against Claremont Graduate University and may result in disciplinary action up to and including dismissal.

Discrimination, Harassment, Sexual Harassment, and Sexual Misconduct Policy

General Policy Statement

Claremont Graduate University seeks to maintain an environment of mutual respect among all members of its community. All forms of harassment and discrimination on the basis of race, color, creed, national or ethnic origin, age, sexual orientation, gender, or physical or mental disability or otherwise prohibited by state or federal law destroy the foundation for such respect and violate the sense of community vital to the University’s educational enterprise. Sexual misconduct offenses are a form of sexual harassment and are strictly prohibited by the University. Retaliation against a person who reports, complains about, or participates in the investigation of a complaint of discrimination, harassment, and/or sexual misconduct is likewise prohibited.

This policy strictly prohibits discrimination against, or the harassment of, any individual at the University or at University activities occurring away from campus, including but not limited to all individuals regularly or temporarily employed, studying, or with an official capacity at Claremont Graduate University (such as Trustees, guest lecturers, volunteers, and contractors). Persons violating this policy will be subject to disciplinary action up to, and including, discharge from employment or expulsion from the University.

It is the responsibility of all faculty, staff and students at the University to ensure compliance with this policy. Accordingly, faculty, staff or students who believe they are being harassed or discriminated against, have observed harassment of, or discrimination against, another person at the University in violation of this policy, or believe such conduct has occurred, should immediately report the incident following the complaint reporting procedures below.

Authority 

The disciplinary authority of Claremont Graduate University originates in the Board of Trustees and has been delegated to the President. The President has designated the Title IX Coordinator to oversee the administration of the policies outlined in this Guide including Discrimination, Harassment, and Sexual Misconduct and the grievance procedures for resolving complaints of violations of Civil Rights policies. Changes to the policies and procedures contained in this Guide may be made with the approval of the Board of Trustees and/or the President.

Inquiries and Reporting Complaints

Because harassment and discrimination can also constitute violations of federal and state law (Title VII of the Civil Rights Act of 1964, Title IX of the Education Amendments of 1972, and/or Section 12940 of the State of California Government Code), individuals who feel that they have been subjected to harassment or discrimination may inquire about complaints, or file a complaint with the following University, state or federal agencies:

For inquiries concerning the application of this policy, or to file a complaint with the University, contact:

Title IX Coordinator 
Lisa Flores Griffith
AVP of Student Services and Dean of Students and Campus Life
Phone: 909-607-1887
Email: elysabeth.flores@cgu.edu

Inquiries or complaints concerning the University’s compliance with Title IX may be referred to the U.S. Department of Education’s Office of Civil Rights:

       United States Department of Education
       Office of Civil Rights (OCR)
       Beale Street, Suite 7200
       San Francisco, CA
       415-486-5555

An employee may pursue any charge of harassment of discrimination with the California Department of Fair Employment and Housing (“DFEH”), or the comparable federal agency, the Equal Opportunity Employment Commission (“EEOC”). It is unlawful to retaliate against any employee for opposing the practices prohibited by the California Fair Employment and Housing Act or comparable federal law or for filing a complaint with, or for otherwise participating in an investigation, proceeding, or hearing conducted by, the DFEH or EEOC. These agencies may be contacted at the addresses listed below:

       DFEH Los Angeles Office
       611 W. Sixth Street, Suite 1500
       Los Angeles, CA 90017
       213-439-6799

       Equal Employment Opportunity Commission (EEOC – Los Angeles District Office)
       255 East Temple Street, 4th Floor
       Los Angeles, CA 90012
       213-894-1000

Jurisdiction

This policy applies to all faculty, staff, and students of Claremont Graduate University (hereafter referred to as “University”). This Guide also applies to third parties (including, but not limited to, volunteers, campus visitors or vendors) who may have contact with members of the University community either on the University’s campus or at other University events and programs.

This policy defines the following terms in order to clarity the status of the various individuals within the policy.

Complainant: The person who is the subject or target of alleged misconduct.

Respondent: The person, group, or organization alleged to be responsible for the alleged misconduct.

Institution as Complainant: As described in the “Special Provisions” Section, there may be circumstances in which the Title IX Coordinator determines that, notwithstanding the wishes or availability of the Complainant, the University needs to activate the Grievance Process in order to protect the University community. In these instances, the Title IX Coordinator will designate an appropriate representative of the University to serve in the role of the “Institution as Complainant”.

Third-Party Reporter: A person who, even though not the subject of the alleged conduct, reports the alleged conduct to a Responsible Employee at the University. In cases where the alleged misconduct or violation is reported to the University by a Third-Party Reporter, the Complainant will be notified by the Title IX Coordinator that a report has been received, and will activate the intake and assessment process with the Complainant.

Responsible Employee: A “Responsible Employee” is a University employee that is generally required to take immediate and appropriate responsive action on the basis of what s/he knows, or, in the exercise of reasonable care, should have known about discrimination or harassment that creates a hostile environment.

A Responsible Employee includes any employee who:

Has the authority to take action to redress the discrimination or harassment; or,

Has the duty to report incidents of potential discrimination or harassment to appropriate University officials; or,

A student or employee 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. These employees include faculty, administrators, resident advisors, and others with a responsibility for the welfare of our students, faculty, staff, and visitors.

Within the context of the University’s general duty to respond, the University is committed to protecting the privacy and confidentiality of all individuals involved in a report of discrimination and harassment, including sexual harassment and sexual misconduct. This means that information shared or reported to a Responsible Employee about potential discrimination or harassment, including sexual misconduct, will only be shared with a limited circle of University representatives, including the Title IX Coordinator. The use of this information is limited to those University employees or other representatives who “need to know” in order to assist in the review, investigation, or resolution of the report. In addition, and within the context of any appropriate investigation and related procedures under the Grievance Procedures, information may also need to be shared with other parties, including the Respondent and any witnesses.

In circumstances involving parties from more than one campus within The Claremont Colleges, the grievance or other relevant disciplinary procedures related to any action against the Respondent will be those of the Respondent’s home institution. The University will coordinate with the Respondent’s home institution in the investigation of the matter and will take steps to stop the conduct and remedy its effects to the extent reasonably possible. Throughout the investigation and grievance process, the University will maintain its authority to take action to ensure campus safety.

This policy applies to conduct occurring on University property or at off-campus University-sponsored/sanctioned programs. This policy may also apply to conduct that occurred off-campus – but not at a University-sponsored program or activity – if both parties are members of the University community and if the conduct could have a substantial adverse effect on or poses a threat to members of the University community.

The grievance procedures set forth in this Guide are administrative in nature and are separate and distinct from the criminal and civil legal systems. Pursuing resolution through these procedures does not preclude someone from pursuing legal action now or in the future. If the conduct in question is alleged to be a violation of both University policy and public law, the University will proceed with its normal process, regardless of action or inaction by outside authorities. Decisions made or sanctions imposed through these or other University procedures are not subject to change because criminal or civil charges arising from the same conduct are dismissed, reduced, or rejected in favor of or against the Respondent. However, the University strongly encourages all individuals who are the subject of potential discrimination, harassment, sexual misconduct, or other civil rights-related misconduct to pursue all remedies available to them, including reporting incident of potential criminal conduct to law enforcement. Set forth below is the contact information for the Claremont Police Department.

Claremont Police Department
Emergencies: Dial 9-1-1 
570 W. Bonita Avenue
Claremont, CA 91711
Lobby Hours: 7:00 a.m. – 10:00 p.m., 7-days a week
909-399-5411 (non-emergencies)

In the event of a conflict with any other Claremont Colleges intercampus policy, the grievance procedures set forth in this Guide will prevail.

Statement of Non-Discrimination, Equal Opportunity, and Related Laws

Claremont Graduate University does not discriminate on any illegal basis in the administration of its admission, educational, or employment policies and practices, nor in the recruitment, training, promotion, financial support, or compensation of its faculty, students, or staff. The University complies with all applicable state and federal laws, including, but not limited to:

Title IX of the Higher Education Amendments of 1972;

Title VII of the Civil Rights Act of 1964;

Section 504 of the Rehabilitation Act of 1973;

Americans with Disabilities Act (the “ADA”);

Age Discrimination in Employment Act of 1967, as amended by the Older Worker’s Benefit Protection Act (“ADEA”);

Any other applicable federal, state, or local law addressing nondiscrimination and/or equal employment opportunity.

Inquiries concerning the application of these laws to this institution should be referred to the following:

Faculty:      Patricia Easton
                   Executive Vice President and Provost
                   Harper Hall 122
                   909-621-8068

Staff:          Brenda Leswick
                  Associate Vice President, Human Resources
                  Harper Hall 118
                  909-621-8686

Students:   Lisa Flores Griffith
                  AVP of Student Services and Dean of Students and Campus Life
                  Harper Hall East 121
                  909-607-1887

For specific inquiries concerning potential accommodations of disabilities, pursuant to the ADA, Section 504 of the Rehabilitation Act of 1973, and/or the FEHA, please contact:

                  Lisa Flores Griffith
                  AVP of Student Services and Dean of Students and Campus Life
                  Harper Hall East 121
                  909-607-1887

Equal Employment Opportunity

Claremont Graduate University prides itself in being an open, competitive, and equal opportunity employer. The University is committed to a policy of equal employment opportunities for all applicants and employees and complies with all applicable state and federal laws on the matter. The University does not unlawfully discriminate on the basis of race, color, creed, national or ethnic origin, age, sexual orientation, gender, or physical or mental disability. The University also prohibits the harassment of any employee on any of these bases. The University also makes reasonable accommodations for disabled employees. This policy applies to all areas of employment including recruitment, hiring, training, promotion, compensation, benefits, transfer, and social and recreational programs. It is the responsibility of every manager and employee to follow this policy conscientiously. Employees with questions regarding this policy should discuss them with the Director of Human Resources or their supervisor.

Harassment Policy

It is the policy of Claremont Graduate University to maintain an environment for students, faculty, and staff that is free of sexual, racial and other unlawful harassment. All members of the community should be aware that the University is concerned about such harassment, and is prepared to take prompt remedial action to prevent and correct such behavior. Individuals who engage in sexual harassment (which includes harassment based on gender, pregnancy, childbirth, or related medical conditions), as well as other unlawful harassment based on such factors as religion, color, race, national or ethnic origin, ancestry, sexual orientation, gender identity and expression, physical or mental disability, age, marital status, family care leave status, or veteran status, will be subject to discipline, up to and including expulsion or termination. Retaliation against a person who reports, complains about, or participates in the investigation of such harassment is likewise prohibited.

Unlawful Harassment 

Unlawful harassment is conduct that creates an intimidating, offensive, or hostile working or academic environment, or that interferes with work or academic performance based on a person’s protected status, including race, color, national origin, ancestry, sex (which includes harassment based on gender, pregnancy, childbirth, or related medical conditions), sexual orientation, gender identity and expression, age, religion, physical or mental disability, medical condition, marital status, veteran status, family care leave status, or other status protected by antidiscrimination and anti-harassment statutes, such as Titles VII or IX of the Civil Rights Act, the Americans with Disabilities Act, the Age Discrimination in Employment Act, and the California Fair Employment and Housing Act. Such harassment can be physical, verbal, or visual. Harassment can be committed by employers, coworkers, fellow students, and third parties. Generally, statements and/or conduct legitimately and reasonably related to the University’s mission of education do not constitute harassment.

To count as harassment under this policy, such conduct must:

  • be based upon one or more of the categories mentioned above;
  • be offensive to the individual complaining of harassment and offensive to a reasonable person; and
  • be so persistent, repetitive, pervasive, or severe that it has the purpose or effect of substantially interfering with an individual’s academic or professional performance or creating an intimidating, abusive or hostile educational, employment or living environment at the University.

Harassment may also occur when submission to conduct described above is made either explicitly or implicitly a term or condition of an individual’s employment, education, living environment at the University, or participation in a University activity.

Sexual Harassment 

One form of unlawful harassment is sexual harassment. Sexual harassment may be either “quid pro quo” harassment, that is sexual advances or requests for sexual favors where submission is made an explicit or implicit term or condition of an individual’s employment or education or where submission or rejection is used as the basis for making employment or educational decisions affecting an individual; or “environmental ” harassment, where the individual is subjected to a hostile or intimidating environment, in which verbal or physical conduct, because of its severity and/or persistence, is likely to interfere with an individual’s work or education, or to affect adversely an individual’s living conditions. Occasional compliments that are generally accepted as not offensive or other generally accepted social behavior, on the other hand, do not constitute sexual harassment.

Examples of sexual harassment may include such conduct as:

  • Physical assault or other unwelcome touching;
  • Direct or implied threats that submission to sexual advances will be a condition of employment, work status, promotion, grades, or letters of recommendations;
  • Direct propositions of a sexual nature;
  • Subtle pressure for sexual activity, an element of which may be repeated requests for private meetings without an academic and employment purpose;
  • A pattern of conduct that would discomfort or humiliate, or both, a reasonable person at whom the conduct was directed that includes one or more of the following:
  • unnecessary touching, patting, hugging, or brushing against a person’s body;
  • remarks of a sexual nature about a person’s clothing or body, whether or not intended to be complimentary;
  • remarks about sexual activity or speculations about previous sexual experience; or
  • other comments of a sexual nature, including sexually explicit statements, questions, jokes or anecdotes;
  • Certain visual displays of sexually-oriented images outside the educational context;
  • Letters, notes or electronic mail containing comments, words or images as described in (e) above.

Sexual harassment includes harassment of women by men, of men by women, and same gender gender-based harassment. Sexual misconduct offenses are specific forms of sexual harassment and are strictly prohibited by the University. Due to the unique nature of sexual misconduct the University has a separate Sexual Misconduct Policy, which is outlined below.

Sexual Misconduct Policy

The expectations of our community regarding sexual consent can be summarized as follows: In order for individuals to engage in sexual activity of any type with each other, there must be clear, knowing and voluntary consent prior to and during sexual activity. Consent is sexual permission. Sexual misconduct is a specific form of sexual harassment and is prohibited by the University. Sexual misconduct is defined as:

I. Non-Consensual Sexual Contact (or attempts to commit same)

  • Non-Consensual Sexual Contact is:
    • any intentional sexual touching,
    • however slight,
    • with any object,
    • by a person upon a person,
    • that is without consent and/or by force.*
  • Sexual contact includes: Intentional contact with the breasts, buttock, groin, or genitals, or touching another with any of these body parts, or making another touch you or themselves with or on any of these body parts; any intentional bodily contact in a sexual manner, though not involving contact with/of/by breasts, buttocks, groin, genitals, mouth or other orifice.
  • *The use of force is not “worse” than the subjective experience of violation of someone who has sex without consent. However, the use of physical force constitutes a stand-alone non-sexual offense and in cases involving force the Respondent will face additional charges for the assaultive behavior.

II. Non-Consensual Sexual Intercourse (or attempts to commit same)

  • Non-Consensual Sexual Intercourse is:
    • any sexual intercourse however slight,
    • with any object,
    • by a person upon a person,
    • that is without consent and/or by force.
  • Intercourse includes: vaginal penetration by a penis, object, tongue or finger, anal penetration by a penis, object, tongue, or finger, and oral copulation (mouth to genital contact or genital to mouth contact), no matter how slight the penetration or contact.

III. Other Conduct when Gender-Based:

  • The following alleged conduct will be addressed through the Grievance Procedures outlined in this Guide when the conduct is gender-based.
    • Dating violence (as defined by the Violence Against Women Act) is violence committed by a person:
      • who is or has been in a social relationship of a romantic or intimate nature with the victim; and
      • where the existence of such a relationship shall be determined based on a consideration of (1) the length of the relationship, (2) the type of the relationship, and (3) the frequency of interaction between the persons involved in the relationship
  • Domestic violence (as defined by the Violence Against Women Act) is the use of physical, sexual or emotional abuse or threats to control another person who is a current or former spouse or other intimate partner. It includes felony or misdemeanor crimes of violence committed by a current or former spouse of the victim, by a person with whom the victim shares a child in common, by a person who is cohabitating with or has cohabitated with the victim as a spouse, by a person similarly situated to a spouse of the victim under the domestic or family violence laws of the jurisdiction receiving grant monies, or by any other person against an adult or youth victim who is protected from that person’s acts under the domestic or family violence laws of the jurisdiction.
  • Stalking means a course of physical or verbal conduct directed at another individual that could be reasonably regarded as likely to alarm, harass, or cause fear of harm or injury to that person or to a third party. A course of conduct consists of at least two acts. The feared harm or injury may be physical, emotional, or psychological, or related to the personal safety, property, education, or employment of that individual. Stalking includes, but is not limited to: 
    • Non-consensual communication, including face-to-face communication, telephone calls, voice messages, e-mails, texts, letters, notes, gifts, or any other communications that are undesired and place another person in fear
    • Using Global Positioning Systems (GPS) to monitor a victim
    • Pursuing, following, waiting, or showing up uninvited at or near a residence, workplace, classroom, or other places frequented by the victim
    • Cyber-stalking, including, but not limited to, the use of online, electronic, or digital technologies
    • Surveillance or other types of observation, including staring or “peeping”
    • Trespassing
    • Verbal or physical threats
    • Gathering information about an individual from friends, family, or co-workers
  • Sexual Exploitation: Sexual Exploitation is a form of sexual misconduct which occurs when a person takes non-consensual or abusive sexual advantage of another for his/her own advantage or benefit, or to benefit or advantage anyone other than the one being exploited, and that behavior does not otherwise constitute one of the other sexual misconduct offenses. Examples of sexual exploitation include, but are not limited to:
    • Invasion of sexual privacy;
    • Prostituting another person;
    • Non-consensual video or audio-taping of sexual activity;
    • Going beyond the boundaries of consent (such as letting your friends hide in the closet to watch you having consensual sex);
    • Engaging in voyeurism;
    • Knowingly transmitting a sexually transmitted infection, a sexually transmitted disease, or HIV to another person;
    • Exposing one’s genitals in non-consensual circumstances; inducing another to expose their genitals;
    • Sexually-based stalking
  • Sexual Assault: “Sexual assault” (as defined by the Violence Against Women Act) means an offense classified as a forcible or non-forcible sex offense under the uniform crime reporting system of the Federal Bureau of Investigation. Generally, a sexual assault has been committed when an individual engages in sexual activity without the explicit consent of the other individual involved. Sexual activity is any touching of a sexual or other intimate part of a person for the purpose of gratifying sexual desire of either party. This includes coerced touching of the actor by the victim as well as the touching of the victim by the actor, whether directly or through clothing.
    • Consent: Consent is clear, knowing and voluntary. Consent is active, not passive. Silence, in and of itself, cannot be interpreted as consent. Consent can be given by words or actions, as long as those words or actions create mutually understandable and clear permission regarding willingness to engage in (and the conditions of) sexual activity. In order to give effective consent, one must be of legal age and have the capacity to give consent. The legal age of consent in the state of California is 18 years.
      • Consent to any one form of sexual activity does not imply consent to any other form(s) of sexual activity.
      • A previous relationship or prior consent does not imply consent to future sexual acts.
      • Consent can be withdrawn. Thus, even if a person agreed to sexual interaction or continued sexual interaction, that person has the right to change their mind, irrespective of how much sexual interaction may have already taken place.
      • Force and Coercion: Consent obtained through force is not consent. Force is the use of physical violence and/or imposing on someone physically to gain sexual access. Force includes the use of threats, intimidation (implied threats) and/or coercion to produce consent. Coercion is unreasonable pressure for sexual activity (“Have sex with me or I’ll hit you. Okay, don’t hit me; I’ll do what you want.”). Coercive behavior differs from seductive behavior based on the type of pressure used to get consent. When someone makes it clear that they do not want sex, that they want to stop, or that they do not want to go past a certain point of sexual interaction, continued pressure beyond that point can be coercive.
    • NOTE: There is no requirement that a party resists a sexual advance or request, but resistance is a clear demonstration of non-consent. The presence of force, however, is not demonstrated by the absence of resistance.
    • Capacity/Incapacitation: Incapacitation is a state where someone cannot make rational, reasonable decisions because they lack the capacity to give knowing consent (e.g., to understand the “who, what, when, where, why or how” of their sexual interaction). Sexual activity with someone who one should have known to be –or based on the circumstances should reasonably have known to be –mentally or physically incapacitated (i.e. by alcohol or other drug use, unconsciousness, asleep, or blacked out), constitutes a violation of this policy.
      • Incapacitation due to alcohol or other drugs: Because alcohol or other drug use can place an individual’s capacity to consent in question, sober sex is less likely to raise such questions. Being under the influence of alcohol or other drugs does not in and of itself indicate incapacitation. When alcohol or other drugs, including date rape drugs (such as Rohypnol, Ketamine, GHB, etc.), are involved, a person will be considered unable to give valid consent if they cannot fully understand the details of a sexual interaction (the who, what, when, where, why, or how) because they lack the capacity to reasonably understand the situation. Administering a date rape drug to another individual is a violation of this policy. More information on these drugs can be found at http://www.911rape.org/.
      • Incapacitation due to other reasons: This policy also covers a person whose incapacity results from mental or physical disabilities, sleep, unconsciousness, or involuntary physical restraint.

Retaliation Policy

Any attempt by a student, faculty, or staff member to penalize, intimidate, or retaliate in any way against a person who makes a report of or who is otherwise involved in reporting or an investigation of alleged violations of the University’s discrimination, harassment and sexual misconduct policies, is prohibited. Persons who believe that they have been retaliated against for making a complaint/report or for cooperating in an investigation should immediately contact the Title IX Coordinator. Any person who retaliates against a person who has cooperated in an investigation is in violation of University policy and will be subject to disciplinary action.

False Reporting Policy

It is a violation of University policy to file a knowingly false or malicious complaint of alleged discrimination, harassment and/or sexual misconduct. A complaint against such conduct may be pursued using the steps followed for discrimination, harassment, and sexual misconduct related complaints as outlined in this Guide. A complaint filed in good faith under this provision shall not constitute retaliation.

Reporting an Alleged Violation

1. Reporting to the University

A. Individuals who believe that they have been the subject of or have witnessed alleged discrimination, harassment, and/or sexual misconduct are encouraged to contact the appropriate University representative listed below. A report may be made to anyone of the individuals listed regardless if you are a student, faculty member, staff member, or third party. Under no circumstances is an individual required to report discrimination, harassment, and/or sexual misconduct to a supervisor or academic instructor who is the alleged perpetrator.

Name: Lisa Flores Griffith, AVP of Student Services and Dean of Students and Campus Life (Title IX Coordinator)
Phone: 909-607-1887
E-mail: Elysabeth.flores@cgu.edu

Name: Patricia Easton, Executive VP and Provost
Phone: 909-621-8068
E-mail: patricia.easton@cgu.edu

Name: Brenda Leswick, Associate Vice President, Human Resources
Phone: 909-621-8686
E-mail: Brenda.leswick@cgu.edu

The University encourages any member of the University community who experiences any form of violence to immediately contact the Claremont Police Department (“CPD”) by contacting Campus Safety (909-607-2000) if they are on campus or by dialing 911 if they are off campus.

Upon receipt of a report, the University will activate these grievance procedures. Prompt reporting is encouraged, because facts often become more difficult to establish as times passes. However, the University will investigate and take appropriate action in response to all reports regardless of when the alleged conduct occurred. The ability of the University to respond to the conduct is limited if the Respondent is no longer a member of the University community. If a University staff member, faculty member or student leaves the University with a pending complaint against them they will not be permitted to return to the University until the case is resolved through these grievance procedures.

B. Confidentiality of Reports to the University: The University will make all reasonable efforts to maintain the confidentiality and privacy of the parties involved in an investigation of a complaint, as well as the confidentiality of the details of an investigation, and except where permitted by law, the sanctions imposed. The University will inform all individuals involved in the grievance process of the critical importance and expectation that they maintain the confidentiality of the process and any information shared with them as a result of their participation. Complainants and Respondents are not prohibited from sharing details of complaints with family, counsel, or a support person/advisor as defined in the “Resolving an Alleged Violation” Section, paragraph 6. If at any point the Complainant requests confidentiality with respect to the Respondent and/or decides not to pursue action by the University, the University will make all reasonable attempts to comply with this request. A Complainant is the student, faculty, or staff member who files a report on their own behalf or the person on whose behalf a report is filed by a third party. In these situations, the University’s ability to investigate and respond to the conduct may be limited. The University is required to weigh the Complainant’s request for confidentiality with the University’s commitment to provide a reasonably safe and non-discriminatory environment. If the University cannot maintain a Complainant’s confidentiality, the Complainant will be notified by the Title IX Coordinator.

C. Confidential Resources at the University and in the Community: An individual who wishes for the details of the incident to remain completely confidential may speak with certain University officials who, by law, may maintain confidentiality and may not disclose the details of an incident. These officials include:

     Monsour Counseling and Psychological Services staff
     Tranquada Student Services Center, 1st floor
     757 College Way
     909-621-8202, 909-607-2000 (after-hours emergency)

     Student Health Services staff
     Tranquada Student Services Center, 1st floor
     757 College Way
     909-621-8222, 909-607-2000 (after-hours emergency)

     Members of the clergy including the McAlister Center chaplains.
     McAlister Center for Religious Activities
     919 North Columbia Avenue
     909-621-8685

     Claremont Graduate University Ombuds: Tom Kosakowski
     McAlister Center
     Campus Email: thomas.kosakowski@cgu.edu
     Phone: 909.607.0908

In addition, the student Advocates for Survivors of Sexual Assault, 909-607-1778, are available to assist students who have experienced sexual misconduct, including sexual assault. The Advocates can be contacted at any stage of the processes discussed herein. Individuals who have experienced sexual misconduct, including sexual assault may also seek confidential support from a local or national rape crisis hotline, including:

     Project Sister Sexual Assault 24/7 Crisis Hotline (Claremont, CA):
     800-656-4673
     909-626-HELP (909-626-4357)

     National Sexual Assault 24/7 Crisis Hotline (RAINN):
     800-656-HOPE

2. Reporting Options Outside of the University 

State and Federal Enforcement Agencies and the Claremont Police department.

A. These grievance procedures are administrative in nature and are separate and distinct from the criminal and civil legal systems. Pursuing resolution through these procedures does not preclude someone from pursuing legal action now or in the future.

B. Reporting Potential Criminal Violations to Claremont Police Department (“CPD”): In cases involving potential criminal misconduct, individuals are encouraged to file a report with the CPD. The University’s grievance procedures and the legal system work independently from one another and the University will proceed with its process, regardless of action or inaction by outside authorities. Decisions made or sanctions imposed through these grievance procedures are not subject to change because criminal or civil charges arising from the same conduct are dismissed, reduced, or rejected in favor of, or against, the Respondent.

C. Reporting to State and Federal Enforcement Agencies: In addition to the University’s internal remedies, employees and students should also be aware that the Federal Equal Employment Opportunity Commission (“EEOC”) and the California Department of Fair Employment and Housing (“DFEH”) investigate and prosecute complaints of prohibited harassment and discrimination in employment. These agencies may be contacted at the addresses listed below:

EEOC Los Angeles District Office
255 East Temple Street, 4th Floor
Los Angeles, CA 90012
(213) 894-1000

DFEH Los Angeles Office
611 W. Sixth Street, Suite 1500
Los Angeles, CA 90017
(213) 439-6799

Students also have the right to file a formal complaint with the United States Department Education:

Office for Civil Rights (OCR)
400 Maryland Avenue, SW
Washington, DC 20202-1100Customer Service Hotline #: (800) 421-3481
Facsimile: (202) 453-6012
TDD#: (877) 521-2172Email: OCR@ed.gov
Web: http://www.ed.gov/ocr

Grievance Procedures

Resolving an Alleged Violation

1. Truthfulness 

All participants in an investigation are expected to cooperate fully and provide the truth in all meetings related to these grievance procedures. Individuals may be hesitant to report conduct which they have experienced or witnessed; or participate in an investigation because they fear that they themselves may be charged with a policy violation, such as underage drinking, at the time of the incident. To encourage truthfulness and reporting, the University pursues a policy of offering Complainants and witnesses limited immunity from being charged for policy violations related to an alleged incident (such as policies prohibiting the use of alcohol or drugs) which is reported in good faith. While violations cannot be completely overlooked, the University will provide educational rather than punitive responses, in such cases.

2. Investigation Procedures

In complaints Involving allegations of Sexual Misconduct, including Sexual Assault, the Title IX Coordinator will appoint a trained internal or external investigator or investigative team (the “Investigator”) to conduct a reasonable, impartial, and prompt investigation of the complaint.The investigator will meet with the Complainant to review the complaint, related policies, and these grievance procedures. The Investigator will also identify support resources and interventions or interim measures available to the Complainant.

If the Complainant requests confidentiality or requests that the complaint not be pursued, the University will take all reasonable steps to investigate and respond to the complaint consistent with the request for confidentiality. However, such a request for confidentiality may limit the University’s ability to respond to the complaint. The University may also weigh the Complainant’s request for confidentiality against such factors as the seriousness of the alleged conduct; whether there have been other complaints of a similar nature against the same individual; the Respondent’s rights to receive information about allegations if the information is maintained by the school as an “education record” under the Family Educational Rights and Privacy Act (“FERPA”); and other factors otherwise required by applicable law.

Every complaint alleging sexual misconduct will be investigated promptly and thoroughly with the goal of completing the investigation in 45 calendar days, except in instances where there are a great deal of witnesses; the investigation commences in close proximity to a holiday, break, or the end of an academic term; or other circumstances compel a longer timeframe for the investigation.

In conducting an investigation, the Investigator will be sensitive to the possibility of retaliation by the Respondent as the result of the initiation of an investigation. The Investigators will conduct interviews as needed with all appropriate individuals, including the Complainant and Respondent, and will gather any pertinent evidentiary materials. After each interview, the Investigator will prepare a written summary of each interview to review for accuracy with the interviewee.

After completing all necessary interviews (along with review of summaries with interviewees), the Investigator will draft a Preliminary Investigation Report summarizing the statements of witnesses interviewed and evidentiary materials gathered. The Investigator will meet with both the Respondent and the Complainant to review the Preliminary Investigation Report, as well as provide each with a copy of the Report.

The Respondent and Complainant will have five (5) business days to submit a written request outlining any additional investigation steps that the party believes is necessary, including:

Any follow-up issues or questions for any witness, including the other party;

A request for a follow-up interview with the party and the Investigator to clarify or provide any additional information that such party believes is relevant to the investigation;

Any new witness who should be interviewed (including a description of what topics/issues the witness should be asked to address and why this is necessary for the investigation); and

Any additional evidentiary materials that should be collected and reviewed to the extent that such items are reasonably available (e.g., text messages, social media postings, etc.)

The Investigator will review each party’s request for additional investigation, and, based on the results of the review, will conduct such additional investigative steps as the Investigator determines are reasonable and appropriate to complete the investigation.

Once the Investigator determines that the investigation process is reasonably complete, the Investigator will consult with the Title IX Coordinator to review the investigation process, including the steps that the Investigator took in response to any follow-up investigation requests from the parties. Based on this review, the Title IX Coordinator will determine whether the investigation is reasonably complete or whether further review or investigation is appropriate.

Once the Title IX Coordinator determines that the investigation process is complete, the Investigator will schedule such follow-up meetings as the Investigator determines are reasonable and appropriate to provide each party with a full and fair opportunity to review the Final Investigation Report, including the results of any follow-up investigation activities.

3. Investigation Review and Findings Meeting

Once the Final Investigation Report has been generated and reviewed by both parties, each party will be notified in writing that an Investigation Review and Findings meeting will be scheduled with five (5) business days.

The Investigation Review and Findings Meeting will include the Investigator, two trained Community Representatives appointed by the Title IX Coordinator, and the Title IX Coordinator. Community Representative include faculty and staff members from the University who have received training from the University to serve in the role of Community Representatives. The Title IX Coordinator’s decision with respect to which Community Representatives to appoint to a particular matter will be based on several factor, including:

The status of the parties (e.g., if both parties are students, then both Community Representatives may come from the faculty and/or student services area; if one party is a faculty member and one is a student, then there should be representation from each party if reasonable practicable, etc.);

Avoiding any potential conflicts of interest; and

The nature of the underlying complaint, including any relevant subject matter concerns (e.g., particular experience in matters related to academic freedom in a classroom harassment complaint).

The Title IX Coordinator’s Investigation Review and Findings Meeting notification to each party will describe that each party will have an opportunity to present a written statement in advance of the Investigation Review and Findings Meeting and to make a statement at the Investigation Review and Findings Meeting (if they choose to participate in person in the meeting). Any written statement submitted by a party in advance of the meeting will be shared with the other party, and each party will have an opportunity to hear any opening statement by the other party.

4. Investigation Review and Findings Meeting-Overview

The Title IX Coordinator will open the Investigation Review and Findings Meeting with a review of the nature of and purpose of the meeting. In particular, the purpose of the meeting is for the Community Representatives to review the results of the Final Investigation Report with the Investigator and, based on this review, for the Community Representatives and the Investigator to make findings of fact based on the preponderance of the evidence decision making standard with respect to whether the Respondent was responsible for the alleged misconduct. The Title IX Coordinator will be present at the meeting in an administrative oversight role only to ensure that the meeting conforms to the standards for fairness, neutrality, and equity set forth in this Process, and to address any procedural questions that the Community Representatives may have.

As described above, after the Title IX Coordinator’s introduction, each party will have an opportunity to make a statement to the Investigator and Community Representatives (in addition to any written statements that may also have been submitted). As reasonable and appropriate, and based on the request of the parties, the Title IX Coordinator will structure the meeting format to minimize or avoid any undue stress of burden on the other party, but to allow each party to hear each other’s statement (such as participation by Skype of other means).

At the conclusion of any statements from either party, both parties will be excused from the Investigation Review and Findings Meeting. The Investigator will then review the Final Investigation Report with the Community Representatives, and each Community Representative will generally be free to ask any questions that s/he believes are relevant to understanding the relevant facts and circumstances. The Title IX Coordinator will monitor any questioning to insure that such questions or discussion does not violate this Process of the underlying policy (e.g., questions related to past sexual history, etc.).

At the conclusion of this review process, the Investigator and Community Representatives will make such findings of fact by majority vote and by a preponderance of the evidence as are necessary to determine whether the Respondent was responsible for the alleged violation of the policy. The Investigator and each Community Representative have a single vote, and a majority vote is required to find the Respondent responsible for the alleged misconduct.

5. Interim Measures

The University may take whatever measures deemed necessary in response to an allegation in order to protect an individual’s rights and personal safety and the safety of the University community. Such measures include, but are not limited to, an interim suspension (immediate, temporary suspension pending the outcome of grievance process), a no contact order (an order that an individual refrain from direct or indirect contact with another person or persons), restrictions on access to campus or areas of campus, and/or appropriate changes in academic schedule. Interim measures may include reporting the matter to the local police. Failure by the Respondent to adhere to the parameters of any interim measure is a violation of University policy and may lead to additional disciplinary action.

6. Support Person/Advisor

The Complainant and Respondent may each have a support person present with them at all meetings associated with a complaint and in which the respective individual is participating. The support person must be a current member of the Claremont Colleges community or a parent/legal guardian/relative; and shall not have involvement in the underlying case. The support person may attend any investigative meetings involving the individual they are supporting (Respondent or Complainant), but shall not participate in any of those meetings. Since this is an administrative process, legal counsel will not be permitted, except when required by applicable law. In such cases an attorney will only be permitted in a non-participatory advisory role for the Complainant and/or Respondent at that individual’s expense.

Appeal Procedures 

Either the Complainant or Respondent may appeal the results of the Investigation Review and Findings Meeting if s/he finds the ruling unfavorable. The appealing party will have five (5) business days to submit the written appeal to the Title IX Coordinator. An appeal is not intended to be a new investigation of the complaint, nor is it an opportunity to refute, or express dissatisfaction with, the outcome of the Investigation Review and Findings Meeting.

Appeal of the results may be made on only two grounds, of which one, or both, may be cited in the appeal.

  1. Significant Procedural Error: A procedural error that significantly impacted the outcome of the investigation (e.g., substantiated bias, material deviation from established procedures, etc.).
  2. New Information/Evidence: New information has arisen which was not available or known to the appealing party during the investigation and that could substantially impact the findings.

Information that was known to the appealing party during the investigation but which s/he chose not to present is not new information. A summary of this new evidence and its potential impact on the investigation findings must be included in the written appeal.

Appeal Officer

The Title IX Coordinator will appoint a trained internal or external Appeal Officer to conduct a fair and impartial review of any appeals. In any request for appeal, the burden of proof lies with the party requesting the appeal, as the original findings of fact are presumed to have been decided reasonably and appropriately.

The Appeal Officer will determine, in consultation with the Title IX Coordinator as appropriate, whether any grounds for the appeal are substantiated. If the Appeal Officer determines that the appeal does not meet the standards under this Grievance Process, the Appeal Officer will notify both the Respondent and Complainant of that outcome within ten (10) days. If the Appeal Officer determines that the appeal does meet the standards under this Grievance Process, the Appeal Officer will take the appropriate action as follows:

  • Procedural Error: If it is determined that a procedural error occurred which was substantially prejudicial to the outcome of the investigation, the Appeal Officer may return the complaint to the Investigator with instructions to correct the error, and to reconvene the Investigation Review and Findings meeting to reconsider the findings as appropriate. In rare cases, where the procedural error cannot be corrected by the original Investigator (as in cases of bias), the Appeal Officer may order a new investigation with a new Investigator. The results of a reconvened Investigation Review and Findings Meeting cannot be appealed.
  • New Information: If the Appeal Officer determines that the new information should be considered, the complaint will be returned to the Investigator to reconsider the complaint in light of the new information only, and to then reconvene the Investigation Review and Findings Meeting to reconsider the original findings as appropriate. The findings of the reconvened Investigation Review and Findings Meeting are not appealable.

Both parties in the appeal will generally be notified in writing of the outcome of the appeal within ten (10) business days of the original written appeal. The Appeal Officer’s decision is final and not subject to appeal.

Sanctions

If, at the conclusion of the Investigation and Review and Findings process, including any appeal, the Respondent is found responsible for a violation of University policy, the Title IX Coordinator will notify the parties in writing that the matter is being referred to the appropriate Sanctioning Officer as follows:

• Student Respondents: Vice President for Student Services (or designee);
• Faculty Respondents: Executive Vice President and Provost (or designee);
• Staff and Third Party Respondents: Vice President for Finance and Administration (or designee).

The Title IX Coordinator will provide both the Complainant and Respondent the opportunity to submit a Consideration of Sanctions statement within five (5) business days for review by the Sanctioning Officer. The Consideration of Sanctions statement should outline the sanctions the party believes should be considered by the Sanctioning Officer as well as an explanation of why the requested sanctions are reasonable and appropriate.

After the time period for submitting any Consideration of Sanctions statements has expired, the Title IX Coordinator will schedule a meeting with the relevant Sanctioning Officer. As part of this process, the Title IX Coordinator will review with the Sanctioning Officer the relevant Investigation Review and Findings record, including any the results of any appeal, and will also review any final Consideration of Sanctions statements submitted by the parties. The relevant Sanctioning Officer will then determine appropriate sanctions up to, and including:

• Suspension or expulsion for students;
• Dismissal or termination of employment for faculty and staff members; and
• Banning from campus and termination of contractual arrangements for third parties.

Sanction(s) will be structured to end the conduct, prevent its recurrence, and remedy its effects on the Complainant and the University community. Not all violations will be deemed equally serious offenses, and the University reserves the right to impose different sanctions depending on the severity of the offense. The Title IX Coordinator will communicate the sanctions outcome to the parties within five (5) business days of the conclusion of the sanction decision.

General Information

Record Retention

Records of investigations are maintained by the University for five (5) years as indicated below.

Students: If the Respondent is a student, the records will be maintained for five (5) years past the student’s graduation or if the student leaves the University before graduation, for five (5) years past their original expected graduation date.

Faculty or Staff: If the Respondent is a faculty or staff member, the records will be maintained for five (5) years past the conclusion of the investigation, or the end of employment with the University, whichever is later.

Special Provisions
  1. Attempted Violations: In most circumstances, the University will treat attempted conduct as if that conduct had been completed.
  2. University as Complainant: As necessary, the University reserves the right to initiate a complaint, to serve as Complainant, and to initiate grievance proceedings without a formal complaint by the subject of the misconduct.
  3. Alcohol and substance use: The use of alcohol or other drugs will never function as a defense for any behavior that violates University policy.
  4. Past Sexual History: The past sexual history of a party will generally not be admissible by the other party in an investigation unless such information is determined to be highly relevant by the Title IX Coordinator. If the party believes the past sexual history of the other party is relevant to the investigation they must submit a written request to the Title IX Coordinator explaining the nature of the information and why the information is relevant to the investigation. The Title IX Coordinator will review the request and render a decision within two (2) business days.
  5. Respondent’s Prior Conduct History: Generally, any previous University policy violation(s) by the Respondent are generally not admissible as information about the present allegation. However, the Title IX Coordinator may supply information about previous behavior and/or complaints to the Investigator(s) if:
  • The Respondent was previously found to be responsible for a similar violation; or
  • The information indicates a pattern of behavior by the Respondent and substantial conformity with the present allegation.

A Respondent’s prior conduct will be taken into consideration by the appropriate Vice President when determining what sanction(s) to recommend or impose.

Rights of Parties Involved in a Proceeding Under These Policies

1. Complainants are afforded the following rights:

  • To be treated with respect, dignity, and sensitivity throughout the process.
  • To seek support services from the University, including those provided by Monsour Counseling and Psychological Services.
  • For student Complainants, to confidentiality and protection under the Family Education Rights and Privacy Act (FERPA). For all Complainants, the University will make all reasonable efforts to ensure the preservation of privacy, restricting access to information to those with a legitimate need to know.
  • To be informed of the University’s policies and grievance procedures related to discrimination, harassment, and sexual misconduct.
  • To a prompt and thorough investigation of the allegation(s).
  • To challenge the appointment of the Investigator, or request an alternate Vice President as the Sanctioning Officer, if a conflict of interest is present.
  • To participate or decline to participate in the grievance process related to a discrimination, harassment, and/or sexual misconduct complaint with the understanding that the process may continue without their involvement and that the Investigator will determine an outcome based on the available information.
  • To appeal the decision of the Investigation Review and Hearing Meeting.
  • To be notified, in writing, of the case resolution - including the outcome of any appeal.
  • To report the incident to law enforcement or civil authorities if one wishes to do so.
  • To understand that information collected in this process may/could be subpoenaed for a
  • criminal or civil proceeding.
  • To have a support person/advisor (as defined in the “Resolving an Alleged Violation” Section, paragraph 6).

2. Respondents are afforded the following rights:

  • To be treated with respect, dignity, and sensitivity throughout the process.
  • To seek support services through the University, including through Monsour Counseling and Psychological Services.
  • For student Respondents, to confidentiality and protection under the Family Education Rights and Privacy Act (FERPA). For all Respondents, the University will make all reasonable efforts to ensure the preservation of privacy, restricting access to information to those with a legitimate need to know.
  • To be informed of the University’s policies and grievance procedures related t0 discrimination, harassment, and sexual misconduct.
  • To a prompt and thorough investigation of the allegation(s).
  • To challenge the appointment of the Investigator, or request an alternate Vice President as Sanctioning Officer, if a conflict of interest is present.
  • To participate or decline to participate in the grievance process with the understanding that the process will continue regardless and the Investigator will determine an outcome based on the available information.
  • To appeal the decision of the Investigation Review and Hearing Meeting.
  • To be notified, in writing, of the case resolution – including the outcome of the appeal.
  • To understand that information collected in this process may be subpoenaed in criminal or civil proceedings.
  • To have a support person/advisor (as defined in the “Resolving an Alleged Violation” Section, paragraph 6).

Alternative Resolution Options

In some circumstances, the University may choose an alternative form of resolution to the one provided in this Guide. In these instances, the University will attempt to gain approval from both parties whenever possible. This alternative process will adhere to Title IX standards.

A. Independent Investigation
The University, at the discretion of the President, may conduct an investigation independent of, or in addition to, the procedures provided herein at any time. The investigation may involve complaints or allegations concerning discrimination, harassment and/or sexual misconduct, against the University, or any of their employees or students.

B. Mediation
Mediation is not an option for resolution in cases involving allegations of sexual assault. This informal procedure is intended to resolve actual or perceived instances of harassment and discrimination through agreement and mutual understanding between the parties involved without the need for more formal action by the University. Informal resolution will normally be completed within four weeks although mediation, if required, may take longer.

After the investigator completes an investigation, and consults with the Title IX Coordinator, both the Respondent and Complainant may agree to attempt an informal resolution of a charge of harassment or discrimination. If it is determined that such an informal process is appropriate under the facts and circumstances of the case, one or more of the following, or similar, methods may be utilized:

  • A meeting of the Title IX Coordinator, the Investigator, the Complainant, and the Respondent; and/or
  • A meeting between the Title IX Coordinator, the Investigator and the Respondent; and/or
  • A recommendation of training courses or seminars for either principal; and/or
  • Referral of the case to a mediator who has both legal and/or personnel relations experience. The mediator will discuss the issues with both principals and seek appropriate actions by the principals involved to reach an acceptable resolution.

At the conclusion of an informal procedure which results in the parties, as well as the Investigator and the Title IX Coordinator, agreeing the charge has been successfully resolved, each party will be asked to sign an acknowledgment that the informal procedure was performed with their agreement and resulted in a resolution of the charge that was satisfactory to her or him.

The details of any conditions agreed to by either party (e.g. counseling, the avoidance of a particular behavior) may be included in this agreement. Signing the acknowledgment form is the final step in the informal resolution process, and is entirely voluntary. There will be no adverse consequences for anyone who declines to participate in the informal resolution procedure or who participates in an informal resolution procedure and then subsequently declines to sign the acknowledgment of resolution. The signed acknowledgment will be kept in the confidential files of the Office of Student Services and available to its Investigator or the Title IX Coordinator. If either party declines to sign the acknowledgment, the informal procedure will be deemed unsuccessful.

Such interim measures may be imposed:

  • In instances where it is determined that the Respondent poses a potential threat to another;
  • To ensure the safety and well-being of members of the University community and/or preservation of University property;
  • To ensure the Respondent’s own physical or emotional safety and well-being; or
  • If the Respondent poses a threat of disruption or interference with the normal operations of the University.

The University’s External Reporting Obligations

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

A. Statistical Reporting: Certain University officials have a duty to report certain misconduct for federal statistical reporting purposes (Clery Act). 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, but are not limited to: certain members of student services departments, campus law enforcement, local police, 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 victim and may be done anonymously.

B. Timely Warning: Complainants should also be aware that University 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 University will not disclose a Complaint’s name. However, the University 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.

2. FERPA-The outcome of a campus investigation is part of the educational record of the Respondent, if they are a student, and the employee record if they are a faculty or staff member. 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:

A. The Complainant(s) 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.

B. The Complainant(s) 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/or it is equitable to share the essential findings with all parties.

C. The Clery Act permits the University to release publicly the name, nature of the violation and the sanction(s) for any student who is found in violation of a University 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 University will release this information to the Complainant in any of these offenses regardless of the outcome.

Policy on AIDS and Nondiscrimination

Claremont Graduate University does not discriminate against any student, administrator, faculty member, or staff member who has, or is perceived to have, AIDS, AIDS-related complex (ARC), or HIV seropositive status. A copy of the full CGU policy statement regarding AIDS and non-discrimination is available from the dean of students.

STUDENTS

Admissions: Consideration of AIDS, ARC, or a positive HIV antibody test is not a part of the admissions process.

Academic, Social, and Residential Life: Any student who has, or is perceived to have, AIDS, ARC, or a positive HIV antibody test is allowed to attend classes, participate in CGU social and residential life, and use all CGU facilities as long as he or she is physically able. If the disease becomes disabling, CGU shall endeavor reasonably to accommodate the student. In so doing, it will follow the same principles that it uses in dealing with students affected by other physically disabling conditions.

ADMINISTRATION, FACULTY, AND STAFF

Hiring, Promotion, and Tenure: Consideration of AIDS, ARC, or a positive HIV antibody test is not to be a part of the hiring, promotion, or tenure process.

Employment and Use of Facilities: Administration, faculty, and staff who have, or are perceived to have, AIDS, ARC, or a positive HIV antibody test are allowed to perform their jobs and participate in CGU social and residential life as long as they are physically able. Any such condition, or perceived condition, is not a basis for excluding a member of the administration, faculty, or staff from work, from classes, or from CGU facilities. If the disease becomes disabling, CGU shall endeavor reasonably to accommodate the individual. In so doing, it will follow the same principles that it uses in dealing with individuals affected by other physically disabling conditions.

Sick Leave Procedures: AIDS or ARC will be treated as any other illness, and CGU will conform with CGU’s sick leave and disability leave procedures for administration, faculty, and staff members with AIDS or ARC.

Students:Lisa Flores Griffith
AVP of Student Services and Dean of Students and Campus Life
Phone: 909-607-1887

Staff:Brenda Leswick 
Associate Vice President, Human Resources
Harper 162
(909) 621-8686

Policy on Explosives, Firearms, and Other Weapons

Possession, use or transportation of firearms or “deadly weapons” is prohibited on the property of the Graduate University. According to the California State Penal Code, Section 626.9.(b), any person who brings or possesses a firearm upon the grounds of, or within, a private institution is guilty of a felony which is punishable by imprisonment in the State prison for one, two or three years. In addition, the use of firearms in Claremont, Los Angeles County or in the western portion of San Bernardino County is prohibited by law.

The State law, as well as the Claremont Graduate University, prohibits bringing firecrackers or explosive materials of any kind onto any part of the campus or into the buildings. This includes combustibles in containers such as gasoline cans. Also, gasoline-powered scooters and motorcycles cannot be stored in Graduate University housing.

Illegal knives, switchblades and other blades that violate California State Law are prohibited. BB guns, pellet rifles and other weapons that propel projectiles are also prohibited and are not allowed on campus.

If necessary, recreational items may be stored at Campus Security.

Violation of this policy by any member of the community will result in confiscation of the weapon and may result in disciplinary action.

Student Grievances

Definitions 

A “grievance” is a statement by a student that he/she has been wronged by either a failure to follow, or a breach by Claremont Graduate University of its established policies and practices which includes, but is not limited to, discrimination on the basis of race, color, creed, place of national origin, gender, sexual orientation, age, or disability. Complaints regarding faculty judgment of academic performance, which do not allege discrimination on any basis listed above, are not subject to a grievance procedure.

A “student” is anyone who was properly enrolled in the University at the time the perceived wrong occurred.

A “complaint” is the formal statement of his/her grievance that a student files with the Dean of Students. 

Time Limits

Complaints of grievances arising from situations that may occur after the ratification of this procedure must be filed within six calendar months after the situation took place.

The time limits in this Student Grievance Procedure do not include periods when the University is in recess.

Anyone who cannot perform some procedural step on time must ask the Vice President for Student Affairs and Dean of Students (hereafter “Dean of Students”) for an extension before the time limit has been exceeded. Failure on part of the student to observe any time limit or to receive an extension shall be taken by the Committee to mean that the student has abandoned his/her complaint, and no further action on the matter shall be allowed. Failure on the part of someone named in a complaint either to observe a time limit or to receive an extension shall be taken by the Committee to indicate that person’s agreement with all statements in the complaints.

Representative 

If either the student making the complaint of the person(s) named in the complaint cannot perform any of the steps outlined in this procedure, including the hearing, he/she may appoint someone to represent him/her during these stages.

Settlements Prior to a Hearing

If the grievance can be resolved by some mutual consent of both parties before it comes to hearing, and the resolution requires some formal administrative action under the established policies of the University, then the Dean of Students shall forward to the Provost and Vice President of Academic Affairs a statement of the grievance and its proposed resolution. This statement must be approved by both parties. The Provost and the Vice President for Academic Affairs may then either approve the resolution and take the required action or order that the remainder of the procedure be carried out. b) If the proposed resolution does not require such administrative action, then the resolution shall be considered the final step in the procedures, and no subsequent complaints or defenses on the matter shall be heard.

STEP ONE

Who Acts What Action
Student Meet with the person(s) immediately involved in the dispute and discuss the problem. This step is voluntary if the grievance involves allegation of discrimination, sexual harassment, or sexual assault.
Other Party Discuss the problem with the student

 

 

 

 

 

Time limit: The meeting between the student and the other party must take place within ten business days after it is requested.

STEP TWO

Who Acts What Action
Student If Step One has not resolved the problem, consult with the Dean of Students.
Dean of Students Consult with the student involved. Try to resolve the difficulty.

 

 

 

Time limit: The student must consult with the Dean of Students within five business days after meeting with the other party, or, if no meeting has been held, within five days after the end of the time limit in Step One.

STEP THREE

Who Acts What Action
Student If Steps One and Two have not resolved the problem, complete the Grievance Form (attached) and by completing the form you are requesting the Dean of Students to arrange a meeting between you, the other party, and the Dean of Students. This step is not required if the grievance involves an allegation of discrimination, sexual harassment, or sexual assault. Students raising this type of allegation will not be required to meet with the other party or to participate in informal resolution attempts as a prerequisite to filing a Statement of Grievance under Step Four, below.
Other Party Meet with the student and the Dean of Students.
Dean of Students Meet with the student and the other party. If the problem cannot be resolved at this meeting, direct the parties involved to complete a Statement of Grievance (student) and a Response to Grievance (other party).

 

 

 

 

Time limit: The meeting between the Dean of Students, the student and the other party must take place within tenbusiness days after the student requests it. If the matter remains unresolved, the student and the other party must submit completed statements to the Dean of Students within five business days following the meeting. These documents shall be sent to the Chair of the Committee on Student Grievances within three days following their receipt.

STEP FOUR

Who Acts What Action
Student If the grievance involves an allegation of discrimination, sexual harassment, or sexual assault, and the student chooses not to participate in Step Three, the student must file a Statement of Grievance with the Dean of Students to request a hearing.
Other Party Provide a Response to Grievance to the Dean of Students, if not previously submitted in Step Three.
Dean of Students The original statements shall be forwarded to the Chair of the Committee on Student Grievances (CSG). Generally, each party shall receive a copy of the opposing party’s statement. However, if the grievance involves an allegation of discrimination, sexual harassment, or sexual assault, a copy of the complainant’s statement will not be provided to the opposing party if it is not necessary to identify the complainant in order for the accused to respond, or in order to investigate and resolve the complaint.Notify the Provost and Vice President for Academic Affairs, the Chair or the supervisor of the department of the other party, the Graduate Student Council, and, if appropriate, the administrator responsible for the issue under debate that a formal grievance hearing will be held. Only the name of the parties involved shall be made known; all other details must be held in strict confidence.
Committee on Student Grievances Conduct a hearing on the grievance in accordance with the approved procedures and submit recommendations to the Provost and the Vice President of Academic Affairs and to the principles.

 

 

 

 

 

Time limit: A hearing must be scheduled within fifteen business days after the committee receives the Statement of Grievance forms from the Dean of Students. Recommendations must be submitted to the Provost and the Vice President of Academic Affairs and to the principles within three business days following completion of the hearing.

STEP FIVE

Who Acts What Action
Provost and Vice President of Academic Affairs Review the documents to make sure that all steps in this procedure have been followed; then consider the recommendations of the Committee on Student Grievances, make a decision, and send a written notification of the decision to all parties.

 

 

Time limit: The decision of the Provost and Vice President of Academic Affairs must be made within ten business days following receipt of the comments.

APPEALS

Either of the parties involved in the grievance may appeal the decision of the Provost and Vice President of Academic Affairs to the President of the Graduate University. If an appeal is filed, the other party will be notified and provided an opportunity to respond. An appeal must be made within five business days after the Provost and the Vice President of Academic Affairs has announced his/her decision, and any response to the appeal must be made within five business days of notice that an appeal has been filed. The decision of the President shall be final and must be made within ten business days following receipt of an appeal and any response from the other party. Both parties will receive written notice of the President’s decision.

Student Files: Privacy and Access (FERPA)

The Family Educational Rights and Privacy Act of 1974, also known as the Buckley Amendment, (a) establishes a post-secondary student’s general right to inspect and review his or her education records, and (b) generally prohibits outside parties from obtaining the information contained in such records without the student’s written consent. The law also provides several exceptions. For example, a student may not examine confidential letters and statements of recommendation that were placed in the files before January 1, 1975. Also, a student may choose to waive access to certain confidential recommendations placed in the file after that date.

The paragraphs below delineate the procedures under which Claremont Graduate University will meet the law’s requirements.

Claremont Graduate University currently maintains the following types of educational records that are directly related to students:

  1. Registrar’s Files.The registrar is responsible for maintaining files that contain official transcripts of work performed by CGU students at other institutions, official CGU transcripts, and copies of occasional letters written by faculty and administration along with student replies. These letters generally are about academic programs, examinations, fellowships, etc. In addition, there are records of students’ progress in their programs. Members of the faculty and administration have access to these files for use in student advisement. Also, the school’s transcript clerks have access to the files in order to maintain them and to provide authorized data to authorized persons.
  2. Department Files. Each department chair is responsible for maintaining files that contain essentially the same kinds of material as the registrar’s files. These separate files are maintained for the convenience of the departments and are used in advising students. Members of the faculty in each department and the department staff have access to these files.
  3. Credential Files. At the request of students, the Office of Career Services and Corporate Relations maintains files containing evaluations from faculty and staff of Claremont Graduate University and other institutions attended, confidential letters of recommendation written by referees for the benefit of the students, and papers that students have prepared themselves. In addition to the director, the staff of the Office of Career Services and Corporate Relations has access to these files to carry out the work of the office.
  4. Admissions Files. The Admissions Office staff is responsible for maintaining files that contain letters of recommendation for admission to the University, transcripts of work performed at other institutions, scores of examinations that may be required by various departments, and the student’s statement of purpose. All materials submitted become the property of the University. The admissions office staff and members of the admissions committees of the various departments also have access to these files for the purpose of carrying out the admissions function. After a student has been admitted to the University and actually registered for study here, these files are transferred to the registrar.
  5. Financial Aid Files. The Office of Student Financing is responsible for maintaining files that contain applications and award letters for all forms of federal and institutional aid, correspondence with lenders, loan-tracking documents, and information regarding awards from previous institutions. The Office of Student Financing staff has access to these files in order to process financial aid applications and advise students.
  6. Vice President for Student Services and Dean of Student’s Files. The vice president for student services and dean of students is responsible for maintaining files that contain background information and official documents about alleged student misconduct, disciplinary hearings, and student grievances. Information about student misconduct, alleged misconduct, and student grievances is considered to be confidential and is divulged on a strict “need-to-know” basis. The provost and vice president for academic affairs, the vice president for student services and dean of students, and their administrative staffs have access to the files for the purpose of conducting necessary investigation of charges, administering disciplinary or grievance hearings, and maintaining institutional records of such hearings. A copy of the policy regarding retention of these files is available from the vice president for student services and dean of students.
  7. Student Accounts Files. The Student Accounts Department is responsible for maintaining files that contain payment contracts, student and third party payments, authorizations to charge or reverse charges, correspondence with the student and with third party sponsors, collections information and bankruptcy documentation. The staff of the Student Accounts department as well as members of the University’s administration has access to these files in order to justify all data activity and remain compliant with auditors as well as to advise students.

In addition to the persons named above, the administrators of the University–the president, provost and vice president for academic affairs, vice president for student services and dean of students, and vice provost–have access to all records directly related to CGU students. Graduate University faculty and staff, including school attorneys, may access student records in which they have a legitimate educational interest.

Students and former students should apply to the registrar if they wish to review any of their personal files. They will be asked to complete a form specifying which records they wish to see. The registrar will then collect the desired material so that the student or a person designated by the student may examine it in the presence of a representative of the University.

In no case will access be withheld more than 45 days after proper request has been made. If the student wishes, the University also will supply copies of material in the file at cost: 50 cents per page. If any material or document in the educational record of a student includes information on other students, the University will not supply the actual material or document. Instead, the University will provide only the specific information contained therein that directly relates to the student seeking access. In addition, no student may have access to (a) financial records of parents or any information contained therein; (b) confidential letters and statements of recommendation which were placed in any file before January 1, 1975; or (c) any confidential recommendations to which the student has properly waived the right of access.

After a student has reviewed the files requested, the University will respond to any reasonable request for explanation or interpretation of material that they contain.

A student who desires to have any material in the files altered or expunged on the ground that such material is inaccurate or misleading, or that it is being maintained in violation of his or her right to privacy or other rights, may obtain a hearing before a special committee upon submitting a written request to the dean of students. The special committee will be composed of representatives of the student body, faculty, and administration. At the hearing, the student will be afforded a full and fair opportunity to present evidence relevant to the issues raised. The committee’s decision will be made in writing within a reasonable period of time after the conclusion of the hearing. The committee’s conclusions may then be appealed by means of a complaint filed with the U.S. Department of Education.

Whether or not a student requests a hearing, and regardless of the outcome of any such hearing, the student may insert into his or her files a personal written explanation concerning any material the student believes is inaccurate, misleading or otherwise inappropriate.

The privacy of student files is and will always be scrupulously safeguarded. Claremont Graduate University will make public without student consent only certain “directory information.” This information consists of a student’s name, email address, major, field(s) of study, dates of attendance, and degrees or awards received. A student who prefers that such “directory information” not be made public must notify the registrar in writing prior to the last day to add courses for the semester. The request for nondisclosure remains in effect until rescinded by the student.

Except for “directory information” and except for certain parties listed in the act, the University will not release to outside parties any student’s files or information contained in such files unless prior written consent has been obtained from the student concerned. The outside parties excepted by the act generally consist of certain federal and state officials, accrediting organizations, and educational agencies who need the information for valid educational purposes. Also, the University is authorized to release information contained in student files in any emergency situation where the information is needed to protect the health or safety of the student or other persons.

A student (or applicant for admission) is permitted to waive access to confidential recommendations written on his or her behalf respecting (1) admission to any educational agency or institution; (2) an application for employment; or (3) the receipt of an honor or honorary recognition. In some cases, it may be in a student’s best interest to so waive the right because waiver may cause the recipient of a recommendation to feel it is more “honest” and hence more valid in its statements about the student. Any student who wishes to waive access to recommendations may do so on a form available from the registrar. On the form, the student also may ask to be notified of the names of all persons making confidential recommendations. In no case will waiver be required as a condition for admission to, receipt of financial aid from, or receipt of any other services or benefits from the University. Also, waivers will be void as to any recommendations used for purposes other than those for which they were specifically intended. The foregoing applies only to recommendations placed in files after January 1, 1975. As stated previously, both confidential letters and statements of recommendation, which were placed in the files before January 1, 1975, are not subject to student access. The Office of Career Services and Corporate Relations can supply detailed information to students who are concerned about their academic credential files.

A student who consents to release to outside parties any part of his or her files must do so in writing, personally signed and dated. Such writing much specify the records to be released, the reasons for such release, and the names of the parties to whom such records may be released. A form for this purpose is available in the Office of the Registrar. A student whose consent is required also may request a personal copy of the specific records in question.

The University maintains a record of all outside parties who have requested or obtained access to a student’s education records, and their specific interest in obtaining such access. This record of access will be available only to the student and to the previously named Graduate University officials who are responsible for maintaining the various files.

The University reserves the right to remove and destroy any material from any student’s files, except when a student has properly requested access to the files and has not yet been granted admission.

Academic Honesty

Preamble

The ideal of academic honesty is crucial to the integrity of a college or university; conversely, academic dishonesty undermines the very basis upon which institutions of higher education are organized and function. All students at Claremont Graduate University are expected to meet the highest standards of honesty in the performance of their academic work. Toward that end, Standards of Academic Honesty and procedures to enforce these standards fairly are hereby adopted.

Standards of Academic Honesty

The Standards of Academic Honesty proscribe (but are not limited to) the giving or receiving of unauthorized help in examinations or other assignments, plagiarism and other unacknowledged or undocumented use of source material, and forgery.

Violations of Standards

A student shall be subject to discipline for any violation of the Standards of Academic Honesty.

Disciplinary Sanctions

Sanctions available would be those appropriate to the violations and will include, but not be limited to, any one of the following: an official reprimand; a requirement to repeat an assignment, an examination, or a course; a requirement to complete an alternative assignment or examination; a failing grade for an assignment, an examination, or a course; suspension; expulsion from the Graduate University; or revocation of a certificate or degree.

Committee on Academic Honesty

A Committee on Academic Honesty (CAH) is established.

Its primary purposes shall be, in accordance with the procedures outlined below, to receive and evaluate evidence of alleged violations of the Standards of Academic Honesty and to make recommendations for the disposition of cases involving alleged violations. The Committee shall also make recommendations to the Provost of the Graduate University (hereafter, the Provost) and to the Faculty of the Graduate University for changes in standards and procedures, as it deems appropriate, and shall report annually to the Faculty of the Graduate University.

The Faculty Grievance Committee is charged with the responsibility of carrying out the duties of the Committee on Academic Honesty. In order to fulfill these duties and responsibilities, the FEC must empanel two faculty members from a stratified (by gender) random sample of tenured full professors according to the Faculty Grievance procedures, along with two graduate students recommended by the Graduate Student Council and a designated representative of the administration, as the Committee on Academic Honesty. If the Graduate Student Council fails to make a recommendation within a reasonable time (generally two weeks) the Provost will appoint students to the CAH. Individuals who have an actual or perceived conflict of interest with a pending case should not serve as members of the CAH.

Procedures

In cases of an alleged violation, these general procedures will be followed:

A faculty member who believes that a student has violated one or more of the Standards of Academic Honesty will promptly so inform the student and present the student with the reasons for this belief.

If, after learning the student’s response, the faculty member continues to believe that a violation has occurred, the case shall proceed in one of the following ways:

If the faculty member deems the alleged violation to be minor, the faculty member may attempt to resolve the matter in a manner satisfactory to both the faculty member and the student. If the matter is so resolved, the faculty member shall report the matter and its resolution in writing to the Provost, including submitting any materials or evidence relevant to substantiating the violation (e.g., copies of student papers or exams). The Provost will note that the student has been found guilty of a violation; this note will be made in the student’s file but will not appear on the student’s transcript. In addition, the Provost will notify the student that this violation has been recorded, with copies of this notification going to the originating faculty member, the unit head or dean of the school in which the student is enrolled, and the dean of students.

If the faculty member deems the alleged violation to be minor, but the student is not satisfied with the faculty member’s proposed disposition of the violation, the student may independently appeal the issue to the CAH.

If the faculty member deems the alleged violation to be serious, the faculty member will refer the matter to the CAH, normally within two weeks, giving reasons for the faculty member’s belief that a violation has occurred and providing any materials or evidence relevant to substantiating the violation (e.g., copies of student papers or exams). In that report, the faculty member may recommend a penalty.

Any student alleged to have committed more than one violation (either because of prior or concurrent instances of the same or different violations) will be referred to the CAH as a serious violation by the Provost.

If a faculty member refers an alleged violation to the CAH, a student dissatisfied with the penalty imposed by a faculty member for an alleged minor violation appeals to the CAH, or if a student has multiple allegations or instances of violations recorded by the Provost, the CAH will promptly inform the student and the faculty member or Provost in writing, and will consult with them as to the necessity for or desirability of a hearing. If a hearing results from this consultation, the CAH will schedule one as soon as possible.

The CAH will review materials submitted about the case and may also gather other materials and documents it deems relevant for determining whether or not a violation has been committed, and for making a recommendation about an appropriate penalty in the case of a violation.

Following the hearing, or in the absence of one, the CAH will promptly decide whether the alleged violation has or has not occurred and will submit a written report of its findings to the Provost, normally within two weeks. If it decides that a violation or violations have occurred, the CAH will include in its report its recommendation of a penalty which it considers appropriate. This penalty may be the one recommended by the faculty member or some other penalty in conformity with paragraph 4. The CAH will also transmit the relevant files to the Provost.

The Provost will then review the case and decide whether to accept or reject the recommendation of the CAH, to modify it, or to remand the case to the CAH for further determinations. The Provost will advise the student, the originating faculty member, the unit head or school dean in which the student is enrolled, the dean of students, and the CAH in writing of the action taken, normally within two weeks of receiving the case.

If the Provost decides to impose a penalty (of whatever kind), the student, within a reasonable time (normally within two weeks but as specified in the written notice from the Provost), may appeal this decision to the President.

If the student appeals, the Provost will promptly transmit the relevant file and the recommendation to the President. The President will act within a reasonable time (normally within two weeks), and may concur with the decision of the Provost, may choose to modify the decision, may dismiss the case, or may decide to remand the case to the CAH for further determinations. In all actions by the President but the last, the case will be considered closed.

Degrees Awarded

If evidence arises that an academic degree was earned in violation of the Standards of Academic Honesty, a faculty member or the Dean of Students may recommend to the Provost that the degree be revoked. The Provost may then refer the matter to the CAH for its recommendation. If the CAH, after an appropriate hearing, recommends to the Provost that the degree be revoked, the Provost will forward his or her own recommendation to the Graduate University faculty, then to the President who, in turn, will forward his or her own recommendation to the Board of Fellows. The Board will have final authority in decisions regarding revocation of a degree.

Appropriate Use of Campus Computing and Network Resources Policy

An overall guiding mission of The Claremont Colleges is education in an environment where the free exchange of ideas is encouraged and protected. The Claremont Colleges make available computing and network facilities (CNF) resources for use by the Colleges’ students, faculty and staff. These services are provided for educational purposes and to carry out the legitimate business of the Colleges.

The Colleges and members of the college communities are expected to observe Federal, State and local laws that govern computer and telecommunications use, as well as the Colleges’ regulations and policies.  You must not use campus computing or networking resources or personal computing resources accessed through campus network facilities to collect, store or distribute information or materials, or to participate in activities that are in violation of federal, state or local laws or other Colleges policies or guidelines.  These include, but are not limited to, policies and guidelines regarding intellectual property and sexual or other forms of harassment.

Computing and network facilities resources users are required to use these resources within the Colleges’ standards of conduct. Individuals with expert knowledge of information systems or who make extensive use of these facilities, or with a position of trust regarding these facilities will be held accountable to a higher standard.

Responsible, considerate, and ethical behavior expected by the Colleges extends to use of computing and network facilities resources, and networks throughout the world to which electronic access has been provided. These CNF resources include but are not limited to:

  • Computers and associated peripheral devices
  • Campus video cable
  • Classroom presentation systems
  • Voice messaging equipment
  • Data networking equipment systems, including remote and wireless access
  • Computer software
  • Electronically stored institutional data and messages 
  • All other similar resources owned, controlled, and/or operated by the Colleges and services to maintain these resources

Ownership

The Colleges retain absolute ownership rights of the CNF resources. Such resources are not owned by a department or by any individual. CNF resources leased, licensed, or purchased under research contracts or grants, are administered under the terms of this Policy for as long as they remain within the lawful possession or control of the Colleges. CNF resources provided to on-campus residences are also owned, operated and provided by the Colleges.

Access to Resources

Access to CNF resources is a privilege, which is allowed only to the Colleges’ authorized personnel and students. All users must understand and abide by the responsibilities that come with the privilege of use. Such responsibilities include, but are not limited to, the following:

  1. You must understand and comply with all applicable federal, state, and local laws.
  2. You must not intentionally seek information about, browse, copy, or modify non-public files belonging to other people, whether at a Claremont College or elsewhere.  You must not attempt to “sniff” or eavesdrop on data on the network that are not intended for you.
  3. You are authorized to use only computer resources and information to which you have legitimately been granted access. Sharing your passwords with others is expressly forbidden. Any attempt to gain unauthorized access to any computer system, resource or information is expressly forbidden. If you encounter or observe a gap in system or network security, immediately report the gap to the manager of that system.
  4. Each College’s Policy on Harassment applies as equally to electronic displays and communications as to the more traditional (e.g., oral and written) means of display and communication.
  5. Messages, sentiments, and declarations sent as electronic mail or postings must meet the same standards for distribution or display as physical (paper) documents would on college property.
  6. Unsolicited mailings and unauthorized mass mailings from campus networks or computing resources (i.e., “spam”) are prohibited. Each campus may have specific policies regarding the use of existing group mailing lists (e.g., all-students or all-faculty). Contact your campus IT organization for details regarding these policies.
  7. Spoofing, or attempts to spoof or falsify e-mail, network or other information used to identify the source, destination or other information about a communication, data or information is prohibited.
  8. You must not degrade computing or network performance in any way that could prevent others from meeting their educational or College business goals.  You must not prevent others from using shared resources by running unattended processes, by playing games or by “locking” systems without permission from the appropriate system manager.
  9. You must conform to laws and Colleges policies regarding protection of intellectual property, including laws and policies regarding copyright, patents, and trademarks.  When the content and distribution of an electronic communication would exceed fair use as defined by the federal Copyright Act of 1976, users of campus computing or networking resources shall secure appropriate permission to distribute protected material in any form, including text, photographic images, audio, video, graphic illustrations, and computer software.
  10. You must not use campus computing or networking resources or personal computing resources accessed through campus network facilities to collect, store or distribute information or materials, or to participate in activities that are in violation of federal, state or local laws.
  11. You must not use campus computing or networking resources or personal computing resources accessed through campus network facilities to collect, store or distribute information or materials in violation of other Colleges policies or guidelines.  These include, but are not limited to, policies and guidelines regarding intellectual property and sexual or other forms of harassment.
  12. You must not create or willfully disseminate computer viruses, worms, or other software intended to degrade system or network security.  You must take reasonable steps to prevent your system from being used as a vehicle for such actions.  This includes installing system and software patches as well as anti-virus signatures files.
  13. Use of CNF resources for advertising, selling, and soliciting for commercial purposes or for personal gain is prohibited without the prior written consent of the Colleges.  Faculty, students or staff who have questions about the legitimacy of a particular use should discuss it with the appropriate members of the IT staff on their home campus.
  14. The disclosure of individually identifiable non-directory information to non-university personnel is protected by the Family Educational Rights and Privacy Act of 1974 (FERPA). The disclosure of financial or personnel records that are owned by the Colleges without permission or to unauthorized persons is not permitted and may be prosecuted under California Penal Code 502.
  15. Willful or unauthorized misuse or disclosure of information owned by the Colleges will also constitute just cause for disciplinary action, including dismissal from school and/or termination of employment regardless of whether criminal or civil penalties are imposed.  It is also expected that any user will report suspected abuses of CNF resources.  Failure to do so may subject the individual to loss of CNF access and/or the disciplinary action referred to above.

The respective Information Technology organization of one of the Claremont Colleges may immediately suspend service to an individual or computer found to be significantly degrading the usability of the network or other computer systems.  Inappropriate use will be referred to the appropriate College authority to take action, which may result in dismissal from school and/or termination of employment.

Password/Security Codes

Individuals entrusted with or that inadvertently discover logins and passwords are expected to guard them responsibly. These passwords are not to be shared with others. The same policy applies to door codes for restricted-access rooms/areas. Those who need logins or door codes can make a formal request to the administrator of those codes/passwords.

Note: The provisions of this Policy apply to the institutions comprising The Claremont Colleges, including the Claremont University Consortium.

Supplemental Information to the Appropriate Use Policy

File Confidentiality

Your documents, files and electronic mail stored on a College-owned networked computer or server are normally accessible only by you. However, any file or document placed on a College-owned computer or network is subject to access pursuant to this Policy, and thus, should not be regarded as private or confidential. The system managers at both CINE (Claremont Intercollegiate Network Effort) and within the individual campus IT organizations have the ability to monitor traffic and directly view any file as it moves across the network, and they must occasionally do so to manage campus network resources. In short, files may be monitored witho ut notice in the ordinary course of business to ensure the smooth operation of the network. All staff members working in information technology have clear guidelines that prohibit violations of privacy and confidentiality and, in the normal course of their work, they do not view the contents of user files or e-mail. However, you should be aware that authorized College personnel will take appropriate steps to investigate when there is a suspicion of inappropriate use of campus computing or networking resources. This may include monitoring network traffic, its contents, and examining files on any computer system connected to the network.

You should also know that all files on shared (i.e., networked) systems, including e-mail servers, are backed up periodically on schedules determined by each College. Backup tapes are preserved for lengths of time also determined by individual College operating procedures. These tapes can be used to restore files that you have deleted accidentally. This means that the files on the tapes are also available to someone else with reason and authority to retrieve them.

Network Monitoring

Troubleshooting on the campus network, as well as planning for enhancements, requires the collection of detailed data on network traffic. CINE regularly runs monitoring software that records and reports on the data that is transported across the campus networks. The reports
include the origin and destination addresses, and other characteristics of files, including the URLs of the World Wide Web sites that are contacted. This data is accessed and used only by authorized IT staff members responsible for network performance, operations and planning. You should also be aware that many Web host machines on the Internet collect and log information about you and your identity when you visit their sites. This information may include, but is not limited to, information about the computer you are using, its address, and
your e- mail address.

Many educational and business activities at the Colleges require network access to resources on the Internet. To ensure adequate bandwidth to these sites for the Colleges’ primary educational and business purposes, CINE and campus IT staff may restrict the amount of traffic to particular sites and the amount of traffic of specific types.

From time to time these network monitoring activities may allow systems managers to identify individuals whose activities downgrade the performance of the campus network or a segment of the network, or which appear to violate the general guidelines for appropriate use of campus computing and network resources. In such instances, a CINE staff member or a member of your own College’s IT staff may ask you to cease these activities. If you continue such activities, or if they include illegal activities, appropriate College authorities may be notified. In extreme cases, network privileges may be revoked on an interim basis pending resolution of the issue. The individual campuses determine specific corrective or disciplinary actions.

Religious Holidays

Claremont Graduate University recognizes the importance of religious holidays. As this is the case, the University encourages faculty to make reasonable accommodations necessary for the student’s observance. This may include excused absences, opportunities to make work up, including tests and quizzes, at a later date etc. Students must provide faculty reasonable prior notice of religious holidays on which they will be absent.

Demonstration and Response Policy

This is a shared policy of The Claremont Colleges (TCC) which include Pomona College, Claremont Graduate University, Scripps College, Claremont McKenna College, Harvey Mudd College, Pitzer College and the Keck Graduate Institute, in concert with the Claremont University Consortium (CUC). Each of these member institutions respects the rights of free speech and peaceable assembly and supports their exercise on TCC campuses and CUC properties. The Claremont Colleges embrace the principles and purposes of free speech and free assembly including non-violent and respectful demonstrations and protests. Individuals and groups interested in organizing a peaceful demonstration are encouraged to contact the respective college(s) as soon as practical to ensure the proper understanding of and compliance to this policy and any other relevant policies of the involved college(s).

Participation in a demonstration, action, or assembly that is disruptive or non-peaceful or involves the disruption of campus operations on the property of any of The Claremont Colleges or the Claremont University Consortium or any affiliated institutions is prohibited. In such cases where the exercise of free speech and assembly becomes disruptive or non-peaceful the individual college(s) and the CUC will act according to this Policy.

Determination of when a demonstration, action or assembly is non-peaceful or disruptive may be difficult, but The Claremont Colleges individually and collectively subscribe to the general definitions and guidelines listed below.

  • Non-peaceful demonstrations, actions, or assemblies are those that (i) endanger or injure, or are likely to endanger or injure, any person, OR (ii) that damage, or are likely to damage, any property.
  • Disruptive demonstrations, actions, or assemblies are those that restrict free movement on any of the campuses or interfere with, or significantly impede, access to the operations or activities or facilities of any of The Claremont Colleges or the Claremont University Consortium.
  • In accord with existing federal and state laws, no demonstration, action, or assembly shall be approved for, and no participant shall carry in any manner, any weapon or replica of any weapon. Such weapons include firearms, knives, and other objects that are prohibited by law from campus or replicas that have the appearance of such a prohibited weapon.

Examples of demonstrations, assemblies or actions that may be in violation of this Policy include, without limitation, those that involve: fighting or other aggressive behaviors or actions; amplified sound that can be heard inside of classrooms or other TCC or CUC buildings during times of use; unreasonably impeding the ingress and egress of any facility; or the stationary positioning of demonstrators upon any roadway on or adjacent to any of the colleges that blocks passage.

Any officer or designee of an affected college or the CUC, on that person’s home campus, is authorized to address and respond to any individual or group violating this Policy. Any individual acting in a non-peaceful or disruptive manner, whether that individual is acting individually or within a group, may be charged on the basis of the individual’s or group’s behavior with a violation of this Policy. Actions may include arrest, other legal action, or notice of disciplinary charges to be handled through the appropriate disciplinary procedures of the home college or the CUC.

Enforcement
In the event of a non-peaceful or disruptive demonstration, action, or assembly on the property of any of The Claremont Colleges or the Claremont University Consortium, or any of their affiliated offices or programs, the affected college(s) or the CUC will act according to the following procedures:

  • The President(s) of the affected college(s) or the Chief Executive Officer of CUC, in the case of CUC property, will determine whether or not direct discussion will take place with those involved in the demonstration, action, or assembly.
  • The President(s) or CUC Chief Executive will determine the actions to be taken including, but not limited to, provisional or summary suspension or arrest if individuals or groups do not comply. The President of the affected college may decide summarily to suspend the affected college’s own student, recommend summary suspension of a student from another college, or summarily remove a non-member of the TCC community for
  • violating this Policy. Persons not affiliated with any of the colleges will be subject to
  • administrative action by the involved college(s) and criminal prosecution, if necessary, to preserve the safety of TCC community members and operations.
  • Officials at the other colleges will promptly provide assistance in identifying disruptive or non-peaceful individuals to the college(s) where the disruption occurred or to CUC.
  • While officials at affected colleges may temporarily revoke any or all student privileges or take steps to end disruptive or non-peaceful protests, the college at which the student is enrolled, and only that college, may adjudicate complaints and make final decisions about alleged violations of conduct, apart from those decisions made by a court of law. Officials at the home campus agree to acknowledge requests for disciplinary action—including requests for suspension—and take action that is consistent with and allowed by disciplinary procedures at the student’s home campus.
  • All individuals who are engaged in a disruptive or non-peaceful demonstration, action,
  • or assembly may be notified that they are trespassing. Persons who continue to trespass after notification are subject to arrest by law enforcement officers or Campus Safety Officers (see California Penal Code Section 834).
  • Individual colleges and CUC may bill students or file civil suits to recover damages and costs.

Visitation Policy

Due to potential liability issues, students are prohibited from bringing personal visitors (children, relatives, friends, and other associates who are not registered students at CGU or one of the Claremont Colleges) to the CGU campus for extended periods of time. The CGU facilities are intended solely for use by CGU’s faculty, staff, and students. Should it become necessary for a student to have a personal visitor on campus for a short period of time, it is the student’s responsibility to ensure that CGU faculty, staff, and other students do not have their work disrupted as a result.

Intercampus Complaints

Complaints by a student, including alleged discrimination on any basis, relating to an individual affiliated with one of the other Claremont Colleges may be directed to Vice Provost for Student Services and Dean of Students, Harper East, (909) 621-8965.

When a Graduate University student is on the campus of another of The Claremont Colleges, he/she is expected to respect the regulations of that college as well as those of the Graduate University. If a student of another of The Claremont Colleges violates the regulations of the host college, judicial action may be brought against that student at his/her home college. The name of the student concerned, along with all pertinent information, will be sent to the dean of students of the college involved.

The administration of the host college may, at its own discretion, prohibit a student from coming onto its campus until judiciary action at the student’s home college is complete. Such a prohibition will be communicated to the student through his/her home college at the request of the host college.

External Complaint Information

An individual may contact the Bureau for Private Postsecondary Education for review of a complaint. The Bureau may be contacted at: 2535 Capitol Oaks Drive, Ste. 400 Sacramento, CA 95833. Phone: 916.431.6924  Fax: 916.263.1897  Website: http://www.bppe.ca.gov.

General Requirements for Satisfactory Academic Progress (SAP)

General requirements and operational guidelines of the policy are available in the section of Satisfactory Academic Progress .

Property Loss

The University does not assume responsibility for loss or damage to students’ personal property. Students should examine their own insurance policies and determine whether they cover the student’s belongings in Claremont.