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SEXUAL MISCONDUCT AND OTHER PROHIBITED CONDUCT
STUDENT POLICY AND PROCEDURES
- POLICY SUMMARY
In accordance with state and federal law1, Claremont Graduate University (hereafter referred to as “CGU” or “University”) seeks to maintain an environment of mutual respect among all members of its community. All forms of sexual misconduct (specifically, sexual assault, stalking, sexual exploitation, sexual harassment, and gender-based discrimination), and/or any other prohibited conduct (such as intimate partner violence, destroy the foundation for such respect and violate the sense of community vital to the University’s educational enterprise.
This Policy strictly prohibits and will not tolerate sexual violence on, sexual harassment of, gender-based discrimination against, and/or any other prohibited conduct (i.e., intimate partner violence,) against an individual at the University or at University activities occurring away from campus.
This Policy has been written to provide Students of the CGU community an understanding of specific rights and procedures the University will uphold in the event prohibited conduct is experienced, witnessed, and/or endured. Although this Policy has been especially designed for student community members, the information and detail within this Policy can be used by faculty, staff, and third parties (including, but not limited to, volunteers, campus visitors, and vendors) who have contact with CGU students either on the University’s campus or at other University events and programs who are seeking resources and/or information. Persons violating this Policy will be subject to disciplinary action up to, and including, discharge from employment, expulsion from the University, banning from campus, and termination of contractual arrangements.
Students who believe they are being sexually violated, harassed or discriminated against (hereafter referred to as “Complainant”) and/or have observed or suspect sexual misconduct or any other prohibited conduct against another person at the University in violation of this Policy, should immediately report their experience, observation, or suspicion to a Title IX administrator. Accordingly, faculty or staff who believe they have observed or suspect sexual misconduct or any other prohibited conduct against another person at the University in violation of this Policy, should also immediately report their belief, observation, or suspicion to a Title IX administrator. Retaliation against a person who reports, complains about, or participates in the investigation of an allegation of sexual misconduct or any other prohibited conduct is also prohibited and will not be tolerated.
A report concerning sexual misconduct (i.e., sexual assault, stalking, sexual exploitation, sexual harassment, or gender-based discrimination) or other prohibited conduct (i.e., intimate partner violence, ) does not by itself constitute a complaint, nor does it automatically lead to the filing of a police report in connection with an incident of sexual misconduct. A report notifies CGU that a violation of this Policy may have occurred and allows CGU the opportunity to provide information, aid and assistance to a victim; simultaneously, a report allows CGU to take such action as may be necessary to protect and safeguard members of the community, such as issuing a Campus Safety Alert, and to maintain statistical data of misconduct (as described in the University External Reporting Obligations, Appendix A).
A person wishing to have an incident of sexual misconduct (i.e., sexual assault, stalking, sexual exploitation, sexual harassment, or gender-based discrimination), or any other prohibited conduct (i.e., intimate partner violence, ) investigated, mediated2, or adjudicated by CGU, must make use of the informal resolution or formal resolution procedures described within this Policy. Throughout the grievance, investigatory, hearing, appeal, and/or disciplinary process, the University will maintain its authority to take action to ensure campus safety.
Please note: CGU encourages any member of the University community who has been subjected to an attempted or completed sexual assault, sexual exploitation, or any other form of sexual violence to make a police report as soon as possible. CGU also supports any member of the University community to reach out to the Consortium counseling services and confidential resources made available for you, whether you are currently experiencing or have previously experienced any kind of sexual violence or abuse (for more information see “Current or Previous Cases outside The Claremont Colleges”).
The procedures set forth in this Policy are administrative in nature and are separate and distinct from the criminal and civil legal systems. Pursuing resolution through these procedures does not prevent 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 CGU 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 alleged perpetrator (hereafter referred to as “Respondent”).
In the event of a conflict with any other Claremont Colleges cross campus protocol, the procedures set forth in this Policy will prevail. Changes to the policies and procedures contained in this Policy may be made with the approval of the Board of Trustees and/or the President.
- CONTACTS
- Contacts
- University Policy Contact
CGU is committed to promoting and maintaining a working, learning, and living environment that is free from sexual misconduct, sexual harassment, gender discrimination, and other prohibited conduct (i.e., intimate partner violence). Individuals who require information or need assistance in relation to this Policy may contact the following office:
Dean of Student Office
Harper Hall East 121
160 E. Tenth St.
Claremont, CA 91711
(909) 607-9448
Deanof.Students@cgu.edu
- External Contacts
The Claremont Police Department is the local law enforcement agency responsible for responding to and investigating potential criminal activity with the City of Claremont and The Claremont Colleges:
Claremont Police Department
570 W. Bonita Avenue
Claremont, CA 91711
Lobby Hours: 7:00 am - 10:00 pm, 7 days a week
(909) 399-5411 (non-emergencies)
Emergencies: 9-1-1
Department of Campus Safety for The Claremont Colleges
Pendleton Building
150 E. 8th Street
Claremont, CA 91711
909‐621‐8170 (non-emergencies)
Emergencies: 909-607-2000
For legal advice and assistance the following agencies may be contacted:
Victims of Crime and the Local District Attorney’s Office
400 Civic Center Plaza, Room 201
Pomona, CA 91766
(909) 620-3350
Legal Protection for Women
5300 Beverly Blvd.
Los Angeles, CA 90022
(323) 721-9882
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 (OCR):
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 or 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
- STATEMENT OF PROHIBITED CONDUCT UNDER THIS POLICY
- Summary
This Policy prohibits Sexual Misconduct and Other Prohibited Conduct. Prohibited Sexual Misconduct includes Sexual Assault/Non-Consensual Penetration, Sexual Assault/Non-Consensual Sexual Contact, Stalking, Sexual Exploitation, Sexual Harassment, and Gender-Based Discrimination. This Policy also does not tolerate Other Prohibited Conduct that includes: Intimate Partner Violence against a person who is or has been involved in a sexual, dating, domestic or other intimate relationship with an individual.
- Consent
The obligations of this Policy require a clear understanding of the concept of consent as is defined under Section 67386 of the California Education Code. Consent is an affirmative, voluntary, and conscious agreement to engage in sexual activity. In order to give effective consent, one must be of legal age (18 years in the State of California) and have the capacity to give consent (see Appendix B for Prevention and Risk Reduction Tips).
- Affirmative Consent: It is the responsibility of each person to ensure they have the affirmative consent of the other to engage in sexual activity. Communication regarding consent consists of mutually understandable words or actions that indicate an unambiguous willingness to do the same thing, at the same time, in the same way. In the absence of clear communication or outward demonstration, there is no consent. Lack of protest, lack of resistance, or silence, do not alone constitute consent.
Affirmative consent must be ongoing and can be revoked at any time during sexual activity. Thus, even if a person agreed to sexual interaction or continued sexual interaction, that person has the right to change her/his mind, irrespective of how much sexual interaction may have already taken place. Consent to any one form of sexual activity does not imply consent to any other form(s) of sexual activity. The existence of a dating relationship or past sexual relations between the persons involved should never by itself be assumed to be an indicator of consent (nor will subsequent sexual relations or dating relationship alone suffice as evidence of consent).
- 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: Resistance is a clear demonstration of non-consent; however, there is no requirement that a party resist a sexual advance or request. Furthermore, absence of physical trauma does not invalidate accusations.
- 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). Evaluating incapacitation also requires assessment on whether a respondent should have been aware of the complainants incapacitation based on objectivity and reasonably apparent indications of impairment when viewed from the perspective of a sober, reasonable person in the respondents position. 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.
- Invalid Excuses: In any proceedings under these policies and procedures, a Respondent may not assert as an excuse to an alleged lack of consent that the Respondent believed that the Complainant consented under any of the following circumstances:
- The Respondent’s belief in affirmative consent arose from the intoxication or recklessness of the Respondent.
- The Respondent did not take reasonable steps, in the circumstances known to the Respondent at the time, to ascertain whether the Complainant affirmatively consented.
- If the Respondent knew or should reasonably have known that the Complainant was unable to consent to the sexual activity under any of the following circumstances:
- The Complainant was asleep or unconscious;
- The Complainant was incapacitated due to the influence of drugs, alcohol, or medication, so that the Complainant could not understand the fact, nature, or extent of the sexual activity; or
- The Complainant was unable to communicate due to a mental or physical condition.
- Definitions of Sexual Misconduct and Other Prohibited Conduct
- Sexual Misconduct
The University encourages individuals to report incidents of Sexual Misconduct (specifically: sexual assault, stalking, and sexual exploitation) to law enforcement authorities, and respects the personal decision of each individual on whether or not they choose to do so. CGU also encourages individuals to report incidents of Sexual Misconduct to the University. An individual who believes they have been the subject of Sexual Misconduct and who wishes for the details to remain completely confidential should speak with certain Claremont Consortium personnel who may maintain confidentiality and may not disclose information shared with them, except where required by law. These officials include: Monsour Counseling and Psychological Services staff, Student Health Services staff and members of the clergy including the McAlister Center chaplains.
Due to the complex nature of Sexual Misconduct, an individual who has been a victim of sexual assault, stalking, sexual exploitation, and/or sexual harassment may need support and assistance in obtaining one or more of the following:
- No-contact orders
- Counseling support (e.g., Monsour Counseling and Psychological Services)
- Change in an academic schedule
- The imposition of an interim suspension on the alleged perpetrator
This assistance will be provided by CGU based on our commitment to support victims of Sexual Misconduct (see “Interim Measures” for more information).
The University defines Sexual Misconduct as any of the following:
- Sexual Assault/Non-Consensual Sexual Penetration3
Without the consent of the Complainant, this form of Sexual Assault is any penetration, no matter how slight, of the vagina, anus, or mouth by any body part or object that is without consent and/or by force.
*Sexual Penetration no matter how slight the penetration or contact includes:
- vaginal and/or anal penetration by a penis, tongue, finger, or object
- oral copulation (mouth to genital contact or genital to mouth contact)
- Sexual Assault/Non-Consensual Sexual Contact
Without the consent of the Complainant, this form of Sexual Assault takes place when there is touching of an intimate body part (genitals, anus, groin, breast, or buttocks) or there is touching of another individual with any of these body parts. This type of Sexual Assault also includes making another touch you or themselves with, or on, any intimate body parts (i) unclothed or (ii) clothed without consent.
NOTE: As defined by the federal Violence Against Women Act, sexual assault 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, including when the individual lacks capacity to consent. In this Policy, sexual activity is any touching of a sexual or other intimate part of a person either for the purpose of asserting power or gratifying sexual desire of either party. This includes the touching of the Respondent by the Complainant and the coerced touching of the Complainant by the Respondent, (i) unclothed or (ii) clothed.
- Stalking
Stalking can affect every aspect of an individual’s life, often beginning with phone calls, emails, social networking posts and/or letters, and can sometimes escalate to violence.
Stalking is a course of conduct directed at a specific person that would cause a reasonable person to: (1) feel fear for their safety; or (2) the safety of others or suffer substantial emotional distress. Stalking includes behaviors or activities occurring on more than one occasion that collectively instill fear in a victim, and/or threaten their safety, mental health, or physical health. Stalking is directed at a Complainant of a sexual or romantic nature or motivation.
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
- Surveillance or other types of observation, including staring or “peeping”
- Pursuing, following, waiting, or showing up uninvited at or near a residence, workplace, classroom, or other places frequented by the victim
- Defamation - lying to others about the victim
- Gathering information about an individual from friends, family, or co-workers
- Non-consensual touching
- Direct verbal or physical threats
- Threats to harm self or others
- Trespassing
- Vandalism
- Cyber-stalking, the repeated use of electronic communication to harass or frighten someone (through use of online, electronic, or digital technologies) includes but is not limited to:
- Unauthorized posting of pictures, messages, and/or information about the complainant on websites, internet sites, social networking sites, mobile apps (e.g., Snapchat, Instagram, etc.), bulletin boards and/or chat rooms
- Sending unwanted/unsolicited email, texts, talk, or communication requests (e.g., Facebook friend requests)
- Posting private or public messages on Internet sites, social networking sites, and/or bulletin boards
- Using Global Positioning Systems (GPS) to monitor a victim
- Installing spyware on a victim’s computer
- 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.
Sexual exploitation includes, but is not limited to:
- Invasion of sexual privacy;
- Prostituting another person;
- Non-consensual videotaping of another individual’s personal body parts (i) clothed or (ii) unclothed;
- Non-consensual video or audio-taping of sexual activity;
- Non-consensual possession, sharing, or streaming of images, photography, video, or audio recording of sexual activity or nudity, or distribution of such without the knowledge and consent of all parties involved;
- Secretly observing another individual’s nudity or sexual activity or allowing another to observe consensual sexual activity without the knowledge and consent of all parties involved; in other words, going beyond the boundaries of consent (e.g., letting your friends hide in the closet to watch you having consensual sex);
- Knowingly transmitting a sexually transmitted infection, a sexually transmitted disease, or HIV to another person;
- Inducing incapacitation for the purpose of making another person vulnerable to non-consensual sexual activity;
- Engaging in voyeurism;
- Exposing one’s genitals in non-consensual circumstances; inducing another to expose her/his genitals;
- Sexual Harassment or Gender-Based Harassment
Sexual Harassment or Gender-Based Harassment are unwelcome sexual advances, unwelcome requests for sexual favors, and other unwelcome verbal, nonverbal or physical conduct of a sexual nature when:
- Quid Pro Quo: a person’s submission to such conduct is implicitly or explicitly made on the basis for employment decisions, academic evaluation, grades or advancement, or other decisions affecting participation in a University program; or
- Hostile Environment: such conduct is sufficiently severe or pervasive that it unreasonably denies, adversely limits, or interferes with a person’s participation in or benefit from the education, employment or other programs and services of the University and creates an environment that a reasonable person would find to be intimidating or offensive.
NOTE: Sexual Harassment or Gender-Based Harassment includes harassment of women by men, of men by women, and same gender gender-based harassment.
Sexual harassment includes, but is not limited to:
- 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: (1) unnecessary touching, patting, hugging, or brushing against a person’s body; (2) remarks of a sexual nature about a person’s clothing or body, whether or not intended to be complimentary; (3) remarks about sexual activity or speculations about previous sexual experience; (4) other comments of a sexual nature, including sexually explicit statements, questions, jokes or anecdotes; or (5) letters, notes or electronic mail containing comments, words or images as described
- Visual displays of sexually-oriented images outside the educational context
- Sexual Discrimination or Gender-Based Discrimination
Sexual Discrimination and Gender4-based Discrimination mean discrimination based on a person’s gender or sex. Gender discrimination is any action that specifically denies opportunities, privileges, or rewards to a person (or a group) because of gender. Gender discrimination can take many forms including but not limited to sexual harassment, pregnancy discrimination, reverse discrimination (i.e., males reporting unfair treatment/harassment by men/women based on their gender), and LGBTQ discrimination.
- Other Prohibited Conduct
- Intimate Partner Violence
Intimate Partner Violence refers to any act of violence or threatened act of violence, sexual or otherwise, against a person who is or has been involved in a sexual, dating, domestic or other intimate relationship with that person.
Intimate partner violence includes any act of violence or threatened act of violence against a person who is, or has been involved in a sexual, dating, domestic, or other intimate relationship with the Respondent. Intimate partner violence can encompass a broad range of behavior including, but not limited to, physical violence, sexual violence, emotional violence, and economic abuse. It may involve one act or an ongoing pattern of behavior. Intimate partner violence may take the form of threats, assault, property damage, violence, or threat of violence to one’s self, one’s sexual or romantic partner, or to the family members or friends of the sexual or romantic partner.
The University does not tolerate intimate partner violence of any form. CGU recognizes that sexual harassment, sexual assault, sexual exploitation and stalking all may be forms of intimate partner violence when committed by a person who is or has been involved in a sexual, dating, or other social relationship of a romantic or intimate nature with the Complainant.
Intimate partner violence is often referred to as dating violence or domestic violence:
- Dating Violence
Conduct by a person who is or has been in a romantic or intimate relationship with the Complainant that intentionally, or recklessly, causes bodily injury to the Complainant or places the Complainant in reasonable fear of serious bodily injury. The nature of the relationship between the Complainant and Respondent is determined by the length, type, and frequency of interaction between them.
- Domestic Violence
Conduct by the current, former spouse, or intimate partner of the Complainant; or a person with whom the Complainant shares a child in common, that intentionally, or recklessly, causes bodily injury or uses physical, sexual, or emotional abuse, or threats to control the Complainant or another, or places the Complainant or another in reasonable fear of serious bodily injury.
- POLICY JURISDICTION
- Persons
This Policy has been written to provide Students of the CGU community an understanding of specific rights and procedures the University will uphold in the event of specific prohibited conduct that relates to sexual misconduct and other forms of prohibited behaviors. Although this Policy has been especially designed for student community members, the information and detail within this Policy can be used by faculty, staff, and third parties (including, but not limited to, volunteers, campus visitors, and vendors) who have contact with CGU students and who are seeking resources, information, and/or policy protocol.
This Policy defines the following terms in order to clarify the status of the various individuals within the Policy:
- Complainant: The person, group, or organization who is the subject or target of alleged misconduct.
Note: This Policy has been specifically designed for CGU students. All students will therefore be protected under this Policy and the procedures set forth in this Policy.
- Respondent: The person, group, or organization alleged to be responsible for the alleged misconduct.
Note: Where the respondent is a faculty member, staff member, or third party, and an alleged case involves a student complainant, this Policy and its procedures will be followed over all other CGU policies (e.g., faculty and staff policies and procedures).
- Institution as Complainant: As described in the “Special Provisions” 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 CGU community. In these cases, 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: Is a person(s) who, even though not the subject of the alleged conduct (e.g., friend, witness, concerned citizen, etc.), 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.
- Faculty and Staff Cases not involving Students: This Policy is applicable ONLY to cases involving students; therefore, cases not involving CGU students as the respondent or the complainant will not follow the procedures under this Policy. Cases of prohibited conduct involving faculty and/or staff will follow the respective CGU faculty and/or staff policies5
- Responsible Employee: A “Responsible Employee” is a Claremont Graduate University employee that is generally required to take immediate and appropriate responsive action when s/he knows, or, in the exercise of reasonable care, should have known about sexual misconduct, or other prohibited conduct that creates a hostile environment.
A Responsible Employee includes any employee who:
Has the authority to take action to redress the sexual misconduct, or other prohibited conduct; or,
Has the duty to report incidents of potential sexual misconduct, or other prohibited conduct 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 sexual misconduct, and other prohibited conduct. This means that information shared or reported to a Responsible Employee about potential sexual misconduct, sexual harassment, gender-based discrimination and intimate partner violence, will only be shared with a limited circle of CGU 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.
- Locations
This Policy applies to conduct occurring on University property or at off-campus University-sponsored/sanctioned events and 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 CGU community and if the conduct could have a substantial adverse effect on or poses a threat to members of the University community.
- Cross-Campus Cases within The Claremont Colleges
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.
- Current or Previous Cases outside The Claremont Colleges
Any member of the University community who is currently or has previously been a victim/survivor of sexual assault or abuse outside the jurisdiction of the Claremont Colleges can speak to the Title IX Coordinator if there are special accommodations or resources needed for your productivity. CGU also supports utilizing the University counseling services and confidential resources (listed under “Confidentiality”) as additional supports throughout your academic and/or employment experience at CGU.
- REPORTING OPTIONS
- Reports to the University
Members of the CGU community who believe that they have been or may be subjected to sexual misconduct, (i.e., sexual assault, stalking, sexual exploitation, sexual harassment, or gender-based discrimination) or other prohibited conduct (i.e., intimate partner violence), or who have witnessed or are aware of any incident of the same are encouraged to report such concerns as soon as possible (for additional information see Appendix C: Frequently Asked Questions.)
Reports may be made to any of the individuals listed below, regardless of whether the reporting party is a student, faculty member, staff member, or third party. Under no circumstances is an individual required to report sexual misconduct or other prohibited conduct to a supervisor or academic instructor who is the alleged perpetrator.
Reports to the Title IX Coordinator or Deputy Title IX Coordinators can be made via email, phone, or in person at the contact information below:
Students
Jami Hinshaw
Associate Dean of Dean of Students (and Title IX Coordinator)
Harper Hall East 121
160 E. Tenth St.
Claremont, CA 91711
(909) 607-1887
Jami Hinshaw@cgu.edu
Quamina Carter
Dean of Students and Campus Life (and Deputy Title IX Coordinator)
Harper Hall East 122
160 E. Tenth St.
Claremont, CA 91711
(909) 607-1887
Quamina.carter@cgu.edu
Staff or Third Parties
Brenda Leswick
Associate Vice President for Human Resources and Deputy Title IX Coordinator
Harper Hall 118
160 E. Tenth St.
Claremont, CA 91711
(909) 621-8686
Brenda.leswick@cgu.edu
Faculty
Patricia Easton
Executive Vice President and Provost
Harper Hall 122
160 E. Tenth St.
Claremont, CA 91711
(909) 621-8068
Patricia.Easton@cgu.edu
Responsible Employees
Students may also report alleged violations under this Policy to “Responsible Employees” who are faculty, administrators, and others with a responsibility for the welfare of CGU students, faculty, staff, and visitors.
External Reporting
CGU strongly encourages all individuals who are the subject of potential sexual misconduct, intimate partner violence to pursue all remedies available to them, including reporting incidents of potential criminal conduct to law enforcement. Set forth below is the contact information for the Claremont Police Department.
Claremont Police Department
570 W. Bonita Avenue
Claremont, CA 91711
Lobby Hours: 7:00 am - 10:00 pm, 7 days a week
(909) 399-5411
(non-emergencies)
Emergencies: 9-1-1
Department of Campus Safety for The Claremont Colleges
Pendleton Building
150 E. 8th Street
Claremont, CA 91711
909‐621‐8170 (non-emergencies)
Emergencies: 909-607-2000
- Anonymous Reporting
An anonymous report to the University of sexual misconduct, sexual harassment, gender-based discrimination and intimate partner violence is not considered a formal complaint under this Policy. While the University will attempt to perform an investigation of the alleged conduct described in such a report, anonymous reporting will limit the University’s ability to conduct an effective investigation and take appropriate action to achieve resolution.
- CONFIDENTIALITY
- Reports to CGU
The University treats all reports and complaints of sexual misconduct, (i.e., sexual assault, stalking, sexual exploitation, sexual harassment, or gender-based discrimination) and other prohibited conduct (i.e., intimate partner violence) as confidential to the greatest extent practicable. The University discloses the existence and/or identity of a reporting or complaining party only to persons who, in the interests of fairness and problem resolution, have an immediate need to know, or are otherwise legally required. This means that information shared or reported to a Responsible Employee about potential sexual misconduct and other prohibited conduct, will only be shared with a limited circle of University representatives, including the Title IX Coordinator, who “need to know” in order to assist in the review, investigation, or resolution of the report. Because CGU has an obligation to address sexual misconduct, (i.e., sexual assault, stalking, sexual exploitation, sexual harassment, or gender-based discrimination) and other prohibited conduct (i.e., intimate partner violence) CGU cannot guarantee that the identity of a complainant will be treated as completely confidential, where confidentiality would conflict with the University’s obligations to provide a safe or nondiscriminatory work, educational, and living environment.
- Observing Confidentiality and Respect to Privacy
The Title IX complaint resolution process, including but not limited to the formal investigation, community hearing, and sanctioning, is a closed process and not open to the public. Maintaining appropriate confidentiality and respecting the privacy of persons involved promotes fairness, candor, and integrity in the investigative and determinative process. Accordingly, all parties involved in an investigation, Title IX Community Hearing, or other aspects of a Title IX complaint resolution process are required to keep materials, proceedings, and information obtained in the process private and confidential and not to share such materials or information with any third parties. A complainant or respondent may share such materials and information with his or her support person on a confidential basis in connection with preparations and participation in the process.
- Strict Confidentiality
Persons who wish to seek advice or assistance or to discuss options for dealing with issues involving sexual misconduct, (i.e., sexual assault, stalking, sexual exploitation, sexual harassment, or gender-based discrimination) or other prohibited conduct (i.e., intimate partner violence) on a strictly confidential basis may do so by speaking with licensed counselors, clergy, medical providers in the context of providing medical treatment, rape crisis center counselors, sexual violence advocates, and the CGU ombudsman who, will not disclose confidential communications. Students, staff, and faculty who wish to speak to someone on a strictly confidential basis may contact the following confidential resources to discuss options available to you:
Students
Claremont University Consortium Monsour Counseling and Psychological Services
Available for counseling and also hosts a support group for survivors of sexual assault.
Tranquada Student Services Center, 1st floor
757 University Way
909-621-8202
909-607-2000 (after-hours emergency)
Website: http://www.cuc.claremont.edu/monsour/
EmPower Center
Available for counseling and also hosts a support group for survivors of sexual assault.
1030 N. Dartmouth Avenue
909-607-2689 (center number)
909-623-1619 (counselor number)
Website: http://www.7csupportandprevention.com/empower-center
McAlister Center for Chaplains of The Claremont Colleges
McAlister Center for Religious Activities
919 North Columbia Avenue
909-621-8685
Website: www.cuc.claremont.edu/chaplains/
Students, Faculty, and Staff
Campus Ombudsperson
Available for informal assistance and guidance through counseling, mediation, and negotiation
909-607-0908 (By appointment only)
Website: http://www.cgu.edu/pages/4389.asp
Project Sister Advocates and Counselors (Local Rape Crisis Center)
Free confidential advice and counseling available 24 hours, 7 days a week
909-626-HELP (909-626-4357)
Website: http://projectsister.org/
RAINN Advocates and Counselors (National Sexual Assault Crisis Center)
Free confidential advice and counseling available 24 hours, 7 days a week
800-656-HOPE (800-656-4673)
For Online Hotline Assistance: https://ohl.rainn.org/online/
Website: https://rainn.org/
Faculty and Staff
Employee Assistance Program (EAP)
Available for free confidential advice and counseling
800-234-5465
Website: www.liveandworkwell.com
Access Code: claremontcolleges
- INITIAL GRIEVANCE PROCESS AND PROCEDURES FOR REPORTS OF PROHIBITED CONDUCT
Notice of a report may be made in person, by phone, via email, or in writing to the Title IX Coordinator or to any other campus contact listed under “Reporting Options.”
While there is no time limit for reporting, reports of Prohibited Conduct should be brought forward as soon as possible; all incidents should be reported even if significant time has elapsed but prompt reporting will better enable the University to respond, investigate and provide an appropriate remedy, and impose discipline if appropriate.
The Title IX Coordinator does not favor Complainants over Respondents or Respondents over Complainants. The Title IX Coordinator does not promote the College’s interests other than its interest in gender equity as evidenced in this Policy and provided by law. The Title IX Coordinator’s primary jobs are to administer the procedures in this Policy in order (i) to make appropriate resources available to persons who have experienced sexual misconduct, and (ii) to provide equitable and prompt resolution.
Although a report may come in through many sources, CGU is committed to ensuring that all reports of sexual misconduct are referred to the Title IX Coordinator, which ensures consistent application of this Policy and Procedures.
- Truthfulness
All participants in the Grievance Process are expected to cooperate fully and provide the truth in all matters related to this Grievance Process.
- Support Person, Advocate, Advisor Throughout Resolution
The Complainant and Respondent may each have a support person of their choosing present with them at all meetings and any hearing associated with Resolution Procedures. The support person can be the advisor of choice of the student, and can include a current member of the Claremont Colleges community, an Advocate (e.g., Project Sister Advocate), or an external individual to the colleges such as a lawyer, family member, mentor or friend who is both eligible and available. The support person cannot have involvement in the underlying case and cannot be part of the investigation, such as be a witness or play a role in the grievance procedures. The support person may attend, but shall not participate in meetings or the hearing. Because this is an administrative process, any legal counsel present as the party’s support person during any investigation or hearing shall be permitted only in a non-participatory advisory role at that party’s expense.
The Support Persons are subject to the same campus rules, whether they are an attorney or not. The support person may not present on behalf of their advisee in a meeting, interview or hearing and should request or wait for a break in the proceeding if they wish to interact with university officials. The Support Persons are expected to refrain from interference with the university investigation and resolution. Any Support Person who steps out of their role in any meeting under the resolution process will be warned once and only once. If the Support Person continues to disrupt or otherwise fails to respect the limits of the role, the Support Person will be asked to leave the meeting. When a Support Person is removed from a meeting, that meeting will typically continue without the support person present. Subsequently, the [Title IX Coordinator or Deputy Title IX Coordinator] will determine whether the Support Person may be reinstated, may be replaced by a different Support Person, or whether the party will forfeit the right to another Support Person the remainder of the process.
The university expects that the parties will wish the university to share documentation related to the allegations with their Support Persons. The university provides a FERPA release form that authorizes such sharing. The parties must complete this form before the university is able to share records with a Support Person. The parties are not otherwise restricted from discussing and sharing information relating to allegations with others who may support them or assist them in preparing and presenting. Support Persons are expected to maintain the privacy of the records shared with them by the university. These records may not be shared with 3rd parties, disclosed publicly, or used for purposes not explicitly authorized by the university. The university may seek to restrict the role of any Support Person who does not respect the sensitive nature of the process or who fails to abide by the university’s privacy expectations.
- Resource Person
The Title IX Coordinator will designate a resource person to both the Complainant and Respondent to serve as an additional source of information on grievance procedure processes and what support services are available on and off campus. This resource person will serve in an administrative manner. This ensures fairness, neutrality, and equity set forth in the Title IX process while addressing any procedural or resource questions the Complainant and/or Respondent may have. This resource person will be available to the Complainant and Respondent separately and throughout their involvement with the Title IX procedures.
Note: A resource person cannot function as a support person.
- Intake and Initial Review of a Report
As soon as practicable after receiving a report, the Title IX Coordinator or a Deputy Title IX Coordinator (“Coordinator”) will make an initial assessment of the report to determine whether (i) the report, on its face, alleges an act of Prohibited Conduct; and (ii) such conduct has a sufficient link with the University for CGU to intervene.
The first step of the Initial Review will typically include an initial meeting between the Complainant and the Coordinator. The purpose of the meeting is to gain a basic understanding of the nature and circumstances of the report; it is not intended to be a full investigation interview. At this meeting, the Complainant will be provided with information about resources, their rights, procedural options, and interim remedies. The Coordinator will make use of an intake and initial review checklist. A sample of the checklist and the Complainant’s rights and options are set forth in Appendix D.
The Coordinator may also meet with the respondent and other relevant parties as the initial assessment. If the Coordinator meets with the respondent, s/he will be provided with information on the respondents rights and options under this Policy and these procedures, and written material about the availability of, and contact information for campus and off-campus support resources.
The Title IX Coordinator will consider the interest of the Complainant and the Complainant’s expressed preference for the manner of resolution. If the Complainant decides not to proceed, this request will be balanced with community safety. In most cases, CGU is able to honor the Complainant’s wishes; however, the University has the discretion to take interim measures and/or pursue an investigation to ensure campus safety.
At the conclusion of the intake process, the Coordinator or Deputy Title IX Coordinator, in consultation with the Title IX Coordinator will make two threshold determinations: (i) Does the complainant’s report state facts that, if true could constitute a violation of this Policy? (ii) if yes, should the institute proceed through the formal or informal procedures?
If the first threshold is not met, the complainant will be advised and the University will not proceed further. The University will, however, maintain a record of the reported conduct and this information may be considered in connection with any future complaint or investigation. If new evidence is provided at a later date, the Title IX Coordinator may reopen the investigation process. *
*Note that if a complainant does not rise to the level of actionable conduct, the complainant will still receive information on support resources and efforts will be made to deescalate the conduct concerning the complainant including a referral to the appropriate office if applicable.
The Title IX Coordinator will document each report, conversation, and/or request for assistance. These records will be kept confidential to the extent permitted by law.
- Notice to the Respondent
When a decision is made to initiate a formal or informal resolution procedures, to impose interim measures, or to take any other action that impacts a respondent, the Title IX Coordinator will ensure that the respondent is promptly notified and is provided with information on the respondent’s rights and options under this policy and these procedures, and written materials about the availability of, and contact information for, campus and off-campus support resources.
In Connection with the formal resolution process, written notification will state facts sufficient to apprise the respondent of the nature of the allegations, including the complainant’s name; the nature of the alleged policy violation(s) (e.g., sexual assault, harassment, or retaliation); the date(s) of the alleged policy violation(s); the location(s) where the violation(s) allegedly occurred; a brief description of the allegations; and the sanctions that may be imposed if the respondent is found to have violated this policy.
The written notification shall also indicate that the respondent is presumed not responsible for the alleged policy violation and that a determination of responsibility will be made at the conclusion of the resolution process.
- Respondent Meeting (if applicable)
If an Informal or Formal Resolution process has been deemed appropriate, the Title IX Coordinator will meet with the Respondent, review the incident, provide notice of investigation (if applicable), provide support services, review response options, discuss any action(s) (including any interim protective measures) that will directly impact the Respondent, and provide appropriate opportunities for the Respondent to respond to such action(s). A sample checklist of Respondent rights and options that the Title IX Coordinator will go over, which may be modified from time to time, is set forth in Appendix D.
The Title IX Coordinator will document each report, conversation, and/or request for assistance. These records will be kept confidential to the extent permitted by law.
- Interim Measures
Pending the outcome of an Informal or Formal Resolution process, the Title IX Coordinator may provide temporary remedies intended to address the short-term effects of sexual misconduct, (i.e., sexual assault, stalking, sexual exploitation, sexual harassment, or gender-based discrimination) and/or other prohibited conduct (i.e., intimate partner violence). These interim measures aim to prevent further violations toward the Complainant and/or the CGU community. The University will keep interim remedies and actions as private as possible.
These remedies may include, but are not limited to:
- Referral to counseling and health services
- Providing campus escorts
- Offering adjustments to academic deadlines and/or course schedules
- Implementing contact limitations (e.g., a no contact order—an order that an individual refrain from direct or indirect contact with another person or persons)
- Implementing interim suspension (immediate, temporary suspension)
- Restricted access to University campus, facilities, events, classes and/or all other University activities or privileges for which the student might otherwise be eligible
- Reporting the matter to the local police
- Education to the community
At the discretion of the Title IX Coordinator, alternative coursework options may be pursued to ensure as minimal an impact as possible on the Respondent.
The institution will maintain any accommodations or protective measures as confidential, provided confidentiality does not impair the institution’s ability to provide accommodations or protective measures.
Failure to adhere to the parameters of any interim measure is a violation of University policy and may lead to further exposure of misconduct and/or disciplinary action by the University.
NOTE: There is no appeal process for designated interim measures that are seen by the University as necessary temporary measures for the safety and well-being of all parties involved and the CGU community.
- INFORMAL AND FORMAL RESOLUTION PROCEDURES FOR REPORTS OF PROHIBITED CONDUCT
Formal and Informal Resolution procedures apply to any member of the University community (student, faculty, staff, and administration) who engages in sexual misconduct and intimate partner violence. Any person can report alleged sexual misconduct, (i.e., sexual assault, stalking, sexual exploitation, sexual harassment, or gender-based discrimination) other prohibited conduct (i.e., intimate partner violence) including students, faculty, staff, administration, guests, and/or visitors. All allegations of misconduct not involving sexual misconduct, or other prohibited conduct under this Policy will be addressed through the procedures elaborated in the respective student grievance procedures and/or the respective faculty and employee handbook.
Formal and Informal reports will be addressed confidentially to the extent possible. Such complaints will be disclosed only to individuals who, in the interests of fairness and resolution, have an immediate need to know, and are otherwise required by law. All persons involved in either the Informal or Formal process are expected to treat all aspects of the report with discretion and with respect for the reputation of all parties involved.
- Informal Resolution Process and Procedures
An individual who believes that he or she has witnessed, has been or may be subjected to sexual misconduct, (i.e., sexual assault, stalking, sexual exploitation, sexual harassment, or gender-based discrimination) or other prohibited conduct (i.e., intimate partner violence) may request assistance under Informal Resolution procedures (See Appendix E for Title IX Resolution Process Flow Chart); however, the Title IX Coordinator has the authority to select Formal Resolution procedures based on the gravity of the report, and/or if it cannot be resolved by informal means.
If the first threshold is met, (Does the complainants report state facts that, if true, could constitute a violation of this policy,) the Title IX Coordinator will determine whether the complaint may, at the choice of the parties, proceed through informal resolution. Note a complainant need not use informal resolution procedures as a prerequisite to filing of a formal complaint.
In determining whether the matter is appropriate for informal resolution, the Title IX Coordinator will consider a range of factors including the severity of the alleged Prohibited Conducted and the Universities legal obligations. Note: mediation (which is different from informal resolution) is not appropriate for cases involving alleged sexual violence, including reports of alleged sexual assault, sexual battery, staling, or intimate partner violation and abuse.
If the Title IX Coordinator concludes that informal resolution is an appropriate option, the Title IX Coordinator will ask both complainant and the respondent whether they would agree to pursue an informal resolution of the complaint.
The nature of informal resolution is flexible, and will vary according to and specifics to any particular allegation. Typically, the Tittle IX Coordinator will meet separately with both parties to discuss potential alternative resolutions based on the parties desires and (if applicable) other information available, and to identify possible alternative resolution(s). Informal Resolution procedures are designed to correct, rather than punish, the offending behavior; formal sanctions ordinarily are imposed only within the Formal, and not the Informal Resolution framework.
- Informal Resolution Process Timeframe
Informal Resolutions will normally be completed within thirty (30) business days6 from the time any person (i.e., students, faculty, staff, administration, guests, and/or visitors) reports an alleged sexual misconduct (i.e., sexual assault, stalking, sexual exploitation, sexual harassment, or gender-based discrimination) or other prohibited conduct (i.e., intimate partner violence) to the Title IX Coordinator. Mediations, if required, may take longer than four weeks.
- Informal Remedial Action
An individual who requests assistance under the informal procedures will be advised of options for resolving the problem and about resources for further assistance. Informal Resolution meetings will include the Title IX Coordinator, and may include both the Complainant and Respondent or solely the Respondent.
Informal remedial action may have any of several outcomes:
- Directly informing the Respondent that the specific conduct is offensive and must stop
- A recommendation of training courses or seminars for either the Complainant and/or the Respondent
- Intervention by a Department Chair, Dean of Students, Student Services staff member, or Human Resources
- A mediated or negotiated resolution that seeks appropriate actions by the Complainant and Respondent to reach an acceptable resolution
- Mediation is not an option for resolution in cases involving allegations of sexual assault.
- Conclusion of Informal Resolution Process
At the conclusion of an Informal procedure which results in the parties, as well as the External Investigator(s) 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. Signing the acknowledgment form is the final step in the informal resolution process, and is entirely voluntary.
If Informal efforts are unsuccessful, the formal resolution process may be initiated.
NOTE: The Complainant, the Respondent, and/or the Title IX Coordinator have the right to end the Informal process and begin the Formal process at any time prior to resolution.
Formal Resolution Process and Procedures
Individuals who believe they have witnessed or have been the victim of sexual misconduct, sexual harassment, gender-based discrimination or intimate partner violence may file a formal complaint (See Appendix E for Title IX Resolution Process Flow Chart). The filing of a formal complaint will result in an investigation to determine whether a violation of this Policy has occurred. The University may also initiate an investigation without a formal complaint based on an alleged policy violation.
A formal investigation into an alleged violation of this Policy will proceed when one or both of the following are present:
- The University has information to proceed and recognizes that it is in the best interest of the campus community’s safety to proceed with a formal investigation and/or;
- The University has information to proceed and the complainant wishes to proceed with a formal investigation
All CGU investigations will be thorough, reliable and impartial. All investigations will entail interviews with all relevant parties and witnesses, systematically obtain available evidence, and if necessary will identify sources of expert information. A sample checklist of investigation steps is set forth in Appendix F.
If throughout an investigation it is determined the formal resolution process is not the best suited approach to address the Complainant’s report, the Title IX Coordinator has the authority to end formal resolution procedures and begin the informal resolution process in its place. If during an investigation it is determined there is no reasonable cause to believe that University policy has been violated; the Title IX Coordinator has the authority to terminate the investigation and end resolution proceedings.
- Formal Resolution Process Timeframe
The investigation will typically be completed within sixty (60) business days7 from the time any person (i.e., students, faculty, staff, administration, guests, and/or visitors) reports an alleged sexual misconduct (i.e., sexual assault, stalking, sexual exploitation, sexual harassment, or gender-based discrimination) or other prohibited conduct (i.e., intimate partner violence) to the Title IX Coordinator. The timeframe may be extended by the Title IX Coordinator in instances where there are many 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. If a time extension is required a written notice will be given to the Complainant and Respondent with the reason for the extension.
The University’s resolution will not typically be altered or precluded on the grounds that civil or criminal charges involving the same incident have been filed or that charges have been dismissed or reduced. However, the University may undertake a short delay (several days to weeks) in its investigation or resolution process, to comply with a law enforcement request for cooperation (e.g., to allow for criminal evidence collection) when criminal charges on the basis of the same behaviors that invoke this process are being investigated. The University will promptly resume its investigation and processes once notified by law enforcement that the initial evidence collection process is complete.
- Formal Investigation
When the Title IX Coordinator determines to proceed with a Formal Investigation, the Complainant and Respondent, separately, will be provided with a preliminary notice of the allegations, the procedures that will be followed, resources available to them, and a copy of the Policy (if this has not already been done).
In Connection with the formal resolution process, written notification will state facts sufficient to apprise the respondent of the nature of the allegations, including the complainant’s name; the nature of the alleged policy violation(s) (e.g., sexual assault, harassment, or retaliation); the date(s) of the alleged policy violation(s); the location(s) where the violation(s) allegedly occurred; a brief description of the allegations; and the sanctions that may be imposed if the respondent is found to have violated this policy.
The written notice shall also indicate that the respondent is presumed not responsible for the alleged policy violation and that a determination of responsibility will be made at the conclusion of the resolution process.
Disclosure of facts to persons interviewed shall be limited to what is reasonably necessary to conduct a fair and thorough investigation. Participants in an investigation will be advised to maintain confidentiality when essential to protect the integrity of the investigation. The Investigator(s) will also be sensitive to the possibility of retaliation by the Respondent as the result of the initiation of an investigation.
After each interview, the Investigator(s) will prepare a written summary of each interview to review for accuracy with the respective interviewee. (For a check-list of Investigation Steps see Appendix F.)
- Selection of Investigator
Once a decision has been made to proceed with a formal investigator, or team of investigators (“investigator”) will be appointed by the Title IX Coordinator to conduct a reasonable, impartial, and prompt investigation of the complaint. *
*Note that this assignment of an investigator may vary depending on the availability of trained internal personnel and other factors. The Title IX Coordinator shall have the authority and discretion to assign an external investigator as circumstances may necessitate or warrant. The Title IX Coordinator may also serve as an investigator or a member of an investigative team. In those situations where the Title IX Coordinator serves an investigator, a Deputy Title IX Coordinator will be designated to discharge the functions of the Title IX Coordinator with respect to the Formal Resolution Procedures.
The Investigation Report
- 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 Final Investigation Report, including the results of any follow-up investigation activities, will be forwarded to the Respondent and Complainant.
After the Formal Investigation is conducted (along with review of summaries with interviewees), the Investigator(s) will draft a Preliminary Investigation Report summarizing the statements of witnesses interviewed and evidentiary materials gathered and provide this to the Title IX Coordinator. The Title IX Coordinator will forward a copy of this report to both the Respondent and the Complainant.
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: the results of any follow-up investigation activities, will be forwarded to the Respondent and Complainant.
- Title IX Community Hearing
The purpose of the Title IX Community Hearing is for CGU Community Representatives8 to (i) review the results of the Investigation Report, (ii) invite the Complainant and Respondent to make a statement (either through verbal or written form) , (iii) invite the Investigator(s) to make a statement and answer any questions the CGU Representatives may have regarding the investigation, (iv) question witnesses the Community Representatives have selected to speak with, (v) make a determination on the alleged misconduct, and (vi) work with the Title IX Coordinator9 throughout this process.
CGU Community Representatives consist of three adjudicator trained Staff and University faculty. CGU may also engage in an external adjudicator to serve as a Community Representative, but doing so will not interfere with the fair and equitable resolution of the case. The Title IX Coordinator’s decision with respect to which Community Representatives to appoint to a particular matter will be based on several factors, including:
The status of the parties (e.g., if both parties are students, then all three 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’s University area if reasonably practicable, etc.);
- The status of the parties (e.g., if both parties are students, then all three 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’s University area if reasonably 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).
CGU Community Representatives will conduct a prompt, thorough, and unbiased hearing. The Complainant and Respondent may be present at the hearing if they choose or they may choose to participate in the hearing by other means to limit any and all interaction between parties (e.g., phone or video conference). A written request by the Complainant or Respondent will need to be submitted to the Title IX Coordinator at least five (5) business days prior to the hearing if requesting for an alternate way to participate in the hearing (e.g., phone or video conference). This will allow enough time for the Title IX Coordinator to make appropriate arrangements with the Community Representatives, the Office of Institutional Technology, and any other support staff. As reasonable and appropriate, and based on the request of the parties, the Title IX Coordinator will structure the hearing format to accommodate parties from being near each other, and to minimize and avoid any undue stress or burden on either party.
At the time of the hearing, the CGU Community Representatives will explain to all parties the structure of the hearing and will address any questions regarding the hearing format at that time. During the hearing, both the complainant and the respondent have the right to ask questions of each other, but not directly. Both parties may submit written questions for one another or for approved witnesses to the Title IX Community Representative, in writing in advance or during the hearing, which may be posed at the discretion of the Community Representatives. Both parties Support Person may submit, in writing during the hearing follow up questions to be posed at the discretion of the Community Representative. Questions are directed to the Community Representatives and if the representative feels the question(s) is relevant to the decision-making process the Community Representative will ask the question of the complainant or respondent. When questions are presented to the Community Representatives they will (i) determine the relevancy of the question(s) or if any information is found in the evidence already present in the process; (ii) Mandate to ask all relevant and appropriate questions that are not redundant. Both parties are encouraged to prepare a written list of questions in advance.
At the conclusion of this hearing process, the CGU Community Representatives will deliberate in private without the Investigator(s), Respondent, and/or Complainant present. By a majority vote and by a preponderance of the evidence, the CGU Community Representatives will determine whether the Respondent was responsible for the alleged violation of the Policy.
As soon as a decision on the case is reached, it will be summarized in writing to include factual findings, and the CGU Community Representatives will review whatever information it deems necessary to assist it in reaching a determination as to the merits of the charge. Community Representatives are authorized to ask the Title IX Coordinator, witnesses, investigator(s), Respondent(s), and Complainant(s) questions during the Community Hearing for clarity on specific details. The decision will be summarized in writing to include factual findings, and the basis and content of the Title IX Community Hearing’s decision. A confidential copy of the Title IX Community Hearing decision will be emailed within two (2) business days to the Complainant and the Respondent and will be placed in permanent confidential records of the Title IX Coordinator.
- Requesting an Investigation/Adjudication Appeal
Findings of the hearing panel or investigation process can be appealed by the Complainant or the Respondent according to the grounds below.
Based on a request for appeal, interim measures designated by the Title IX Coordinator will be in effect. In cases where the appeal results in reinstatement to the University or resumption of privileges, all reasonable attempts will be made to restore the student to their prior status, recognizing that some opportunities lost may be irreparable in the short term.
- Grounds for Appeal
Either the Complainant or Respondent may appeal the results of the Investigation or the Title IX Community Hearing on only two grounds. Either or both may be cited in the appeal:
- Significant Procedural Error: A procedural error that significantly impacted the outcome of the investigation or hearing (e.g., substantiated bias, material deviation from established procedures, etc.).
- 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. A summary of this new evidence and its potential impact on the investigation findings must be included in the written appeal. Information that was known to the appealing party during the investigation but which she or he chose not to present is not new information.
- Appeal Procedure
The appealing party will have five (5) business days to submit a written appeal to the Title IX Coordinator from the date the Title IX Community Hearing’s decision is communicated.
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 during the original hearing. Requests for appeal and responses to the same shall not exceed 10 pages (double-spaced). Non-conforming submissions will not be considered beyond the first 10 pages. Late submissions will not be accepted. Either party may request a waiver of the page limitation. Such request must be made in writing to the Title IX Coordinator prior to the deadline for the appeal submission and should include a reason for the request.
Upon receipt of an appeal, the Title IX Coordinator will notify and provide a copy of the appeal to the other party. That party shall then have an opportunity to respond in writing to the appeal; any response must be submitted within five (5) business days from receipt of the appeal.
Following the receipt of a written appeal(s), the Title IX Coordinator will appoint two (2) trained Appeal Officers10 11 to conduct a fair and impartial review. The Title IX Coordinator will provide the Appeal Officers with copies of the written appeal(s) and the Appeal Officers will determine whether any grounds for the appeal are substantiated.
If the Appeal Officers determine that the appeal does or does not meet the standards under this Grievance Process, the Appeal Officers will draft a communication of this outcome that will be distributed by the Title IX Coordinator to both the Respondent and Complainant within ten (10) business days of the original written appeal.
- Appeal Officer Actions
If the Appeal Officers determine that the appeal does meet the standards under this Grievance Process, the Appeal Officers will take appropriate action as follows:
- Significant Procedural Error: If it is determined that a clear procedural error occurred which was substantially prejudicial to the outcome of the investigation or the hearing, the Appeal Officers may select to do the following:
- In cases of Investigation error or bias: remand the complaint to the Investigator with instructions to correct the error, and to reconvene the Title IX Community Hearing 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 Officers may order a new investigation with a new Investigator. The results of a reconvened Title IX Community Hearing cannot be appealed.
- In cases of Title IX Community Hearing error or bias: remand the Title IX Community Hearing board to address the procedural error with instructions to correct the error and to reconsider the findings as appropriate. In rare cases, where the procedural error cannot be corrected by the original Hearing body (as in cases of bias), the Appeal Officers may order a new Title IX Community Hearing with a new body of CGU Community Representatives. The findings of the reconvened and/or new Title IX Community Hearing are not appealable.
- New Information/Evidence: If the Appeal Officers determine that, (i) the new information/evidence was genuinely unavailable and could not have been made available through the appellant’s diligent efforts at the time of the original investigation or hearing; and (ii) the new information/evidence may have led to a different conclusion had it been available, the Appeal Officers may select to do the following:
- Request the Investigator re-open the investigation regarding the new information only. Following this, reconvene the Title IX Community Hearing to reconsider the original findings in light of the new information/evidence as appropriate. The findings of the reconvened Title IX Community Hearing are not appealable.
- Reconvene the Title IX Community Hearing to reconsider the original findings in light of the new information/evidence as appropriate. The findings of the reconvened Title IX Community Hearing are not appealable.
The Appeal Officers’ decision is final and not subject to appeal.
- Sanction Process and Procedures
After the Appeal Procedures and where the Respondent is found in violation, as the result of a hearing and after review of any appeal(s), (i) interim measures may continue to be in place or be modified by the Title IX Coordinator, (ii) the Title IX Community Hearing’s decision and a request for Consideration of Sanctions Statements will be emailed to both the Complainant and the Respondent within six (6) business days of the decision, (iii) two Sanctioning Officers will be appointed to the case, and (iv) appropriate sanctions will be imposed for the violation (see Appendix G: Sanction Process and Procedures Timeline).
- Sanctioning Officers
If, through the Sexual Misconduct Grievance Procedures, a Respondent is found responsible the Title IX Coordinator will notify the parties in writing that the matter is being referred to two Sanctioning Officers. The Vice President for Student Services (or designee) will be appointed as a sanctioning officer along with a randomly selected individual from the following list:
- Executive Vice President/Provost (or designee);
- Vice President for Finance/Administration (or designee);
- Vice President for Advancement (or designee).
If a conflict of interest exists between the respective Vice President designation and the determination of a Sanction, the Title IX Coordinator will assign an alternate Sanctioning Officer.
- Consideration of Sanctions Statement (Optional)
The Complainant and the Respondent may submit a Consideration of Sanctions Statement to the Title IX Coordinator within five (5) business days of the emailed request for a Sanctions Statement and notification of the Community Hearing’s decision of violations. 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. (For a full list of illustrative rather than exhaustive Sanctions, see Appendix H.)
- Sanction Decision
Once the period for the submission of Consideration of Sanctions statements has expired, the Title IX Coordinator will typically meet with the relevant Sanctioning Officers within five (5) business days. As part of this process, the Title IX Coordinator will review with the Sanctioning Officers the Investigation, Title IX Community Hearing findings, the results of any appeal (if applicable), and will also review any Consideration of Sanctions statements submitted by the parties.
Sanctions are assessed in response to the specific violation(s) and any prior discipline history of the Respondent. Some of the sanctions listed are applicable only to students, as indicated. 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.
Any one or more sanctions may be imposed on a Respondent found responsible for a violation of this Policy. For a full list of illustrative rather than exhaustive Sanctions see Appendix H. Sanction(s) will be structured to end the conduct, prevent its recurrence, and remedy its effects on the Complainant and the University community.
Once a Sanction Decision has been made, the Sanctioning Officers will draft a confidential letter that will be distributed by the Title IX Coordinator to the Respondent within two (2) business days. The Title IX Coordinator will also contact and communicate the outcome of the Sanction Decision to the Complainant within two (2) business days.
- Non-Disciplinary Administrative Measures
In addition to and independent of the results, the Title IX Coordinator may determine any appropriate non-disciplinary, administrative measures. Such measures may include community-based responses, such as educational initiatives and/or trainings. In addition, the Title IX Coordinator will continue to provide for the care and support of the parties as appropriate, including the ongoing provision of appropriate accommodations.
- Requesting A Sanctions Appeal
Sanctions can be appealed by any party according to the grounds below.
All sanctions imposed by the Sanctioning Officers will be in effect during the appeal. A request may be made of the Title IX Coordinator for interim measures to be applied in lieu of sanctions and to delay implementation of the sanctions until the appeal is decided; but, the presumptive stance of the University is that the sanctions will go into effect immediately. Graduation, study abroad, internships/ externships, etc. do NOT in and of themselves constitute demanding circumstances, and students may not be able to participate in those activities during their appeal. In cases where the appeal results in reinstatement to the University or resumption of privileges, all reasonable attempts will be made to restore the student to their prior status, recognizing that some opportunities lost may be irreparable in the short term.
- Ground for Appeal
Either the Complainant or Respondent may appeal the results of Sanctions on only one ground:
- Disproportionate Sanction: On the ground that the sanction was excessively severe or insufficient.
- Appeal Procedure
The appealing party will have five (5) business days to submit a written appeal to the Title IX Coordinator from the date the Sanction Decision is communicated.
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 during the original hearing. Requests for appeal and responses to the same shall not exceed 10 pages (double-spaced). Non-conforming submissions will not be considered beyond the first 10 pages. Late submissions will not be accepted. Either party may request a waiver of the page limitation. Such request must be made in writing to the Title IX Coordinator prior to the deadline for the appeal submission and should include a reason for the request.
Upon receipt of an appeal, the Title IX Coordinator will notify and provide a copy of the appeal to the other party. That party shall then have an opportunity to respond in writing to the appeal; any response must be submitted within five (5) business days from receipt of the appeal.
Following the receipt of a written appeal(s), the Title IX Coordinator will contact the designated Appeal Officers to conduct a fair and impartial review. The Title IX Coordinator will provide the Appeal Officers with copies of the written appeal(s) and the Appeal Officers will determine whether any grounds for the appeal are substantiated.
If the Appeal Officers determine that the appeal does or does not meet the standard under this Grievance Process, the Appeal Officers will draft a communication of this outcome that will be distributed by the Title IX Coordinator to both the Respondent and Complainant within ten (10) business days of the original written appeal.
- Appeal Officers Actions
If the Appeal Officer determine that the appeal does meet the standard under this Grievance Process, the Appeal Officers will take appropriate action as follows:
- Disproportionate Sanction(s): If the Appeal Officers determine there is a compelling justification to modify a sanction(s), the Appeal Officers may select to do the following:
- Remand the sanction to be reconsidered by the Sanctioning Officers with specific instructions and explanations.
- Modify (either to increase or decrease) the sanction(s) of a Respondent if the Appeal Officer determines that the sanction(s) imposed are disproportionate to the conduct found to have occurred.
The Appeal Officers’ decision is final and not subject to appeal.
If the Complainant or Respondent do not appeal the sanction(s) or no further action is required after the Appeal Officers’ final decision, the Title IX Coordinator will officially close the case by confirming in writing with the Complainant and Respondent that the case is closed. If Sanctions are in effect after completing the Sanctioning and Appeal processes described above, the Sanctions will continue until further notice and as communicated by the Title IX Coordinator to the Respondent.
- RECORD RETENTION
Records of investigations and hearings 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 last day of attendance.
- 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 and any hearing, or the end of employment with the College, whichever is later.
- SPECIAL RESOLUTION PROCESS PROVISIONS
- University as Complainant: As necessary, CGU 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.
- Alcohol and substance use: The use of alcohol or other drugs will never function as a defense for any behavior that violates University policy.
- Past Sexual History/ Character: 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.
- 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.
- Good Samaritan Provision: Individuals cooperating in an investigation or hearing may be provided immunity on sanctions related to alcohol and drug policy violations.
APPENDICES
APPENDIX A
The University’s External Reporting Obligations
The “Clery Act” (The Jeanne Clery Disclosure of Campus Security and Campus Crime Statistics Act)
- Statistical Reporting: Certain University administrators have a duty to report certain misconduct for federal statistical reporting purposes. All personally identifiable information is kept confidential, but statistical information must be passed along to campus law enforcement regarding the type of incident and its general location (on or off-campus, in the surrounding area, but no addresses are given) for publication in the annual Campus Security Report. This report helps to provide the community with a clear picture of the extent and nature of campus crime, to ensure greater community safety.
Mandated federal reporters include, but are not limited to: certain members of student services departments, campus law enforcement, local police, human resources staff, 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 and the Clery crime category. This reporting protects the identity of the victim and may be done anonymously.
- Timely Warning: Certain 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.
Family Educational Rights and Privacy Act (FERPA)
The outcome of a campus investigation is part of the educational or employee record of the Respondent, if they are a student or an employee, respectively. The educational records of students are protected from release under federal law, FERPA. CGU complies with FERPA regulations regarding the privacy of student records while also observing the following exceptions to FERPA as mandated by the Clery Act:
- The Complainant(s) in a Sexual Assault (non-consensual penetration or sexual contact) incident have the right to be informed of the finding(s), sanction(s), and essential facts in writing, without condition or limitation.
- The Complainant(s) in a Dating Violence, Domestic Violence, Stalking, Sexual Harassment, Gender-Based Discrimination, or Sexual Exploitation incident have the right to be informed in writing of the finding(s), and any sanction(s) that directly relate to them.
- 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), 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.
APPENDIX B
Sexual Misconduct Prevention Tips & Risk Reduction Tips
Prevention: If you find yourself in the position of being the initiator of sexual behavior, you owe sexual respect to your potential partner and yourself. These tips may help you avoid and reduce your risk of being accused of sexual misconduct:
- Don’t take advantage of someone’s drunkenness, drugged, or otherwise incapacitated state, even if they are the one responsible for their current state or condition.
- Realize that your potential partner could be intimidated by you, or fearful of you. You may have a power advantage simply because of your gender or size. Don’t abuse that power.
- Understand and respect personal boundaries. Do not pressure a potential partner.
- Silence and passivity cannot be interpreted as a sign of consent. Read your potential partner carefully, paying attention to verbal, non‐verbal communication, and body language. If you are not sure that your partner has given you consent then you should stop.
- Understand that consent to one form of sexual behavior does not automatically equal consent to any other form of sexual behavior.
- Clearly communicate your intentions to your sexual partner and give them a chance to clearly communicate their intentions to you.
- DON’T MAKE ASSUMPTIONS ABOUT CONSENT; about someone’s sexual availability; about whether s/he is attracted to you; about how far you can go or about whether s/he is physically and/or mentally able to consent. If there are any questions or ambiguity then you DO NOT have consent and you should stop.
- If you think you are receiving unclear or conflicting messages from your partner, this is a clear indication that you should stop and defuse any sexual tension.
Risk Reduction: Risk reduction tips can, unintentionally, take a victim-blaming tone. With no intention to victim blame, and with recognition that only those who commit sexual violence are responsible for such conduct, these suggestions may nevertheless help you to reduce your risk of experiencing a sexual assault or any other form of sexual misconduct.
- If you have sexual limits, make them known as early as possible.
- Try to remove yourself from the physical presence of a sexual aggressor, if you can do so safely.
- If you do not want to engage in a particular activity, tell the other person “NO” clearly and firmly.
- If someone is nearby, ask for help or if it is safe to do so, text or call someone.
- Be part of a buddy system: take care of your friends and ask that they take care of you. Real friends will challenge you if you are about to make a mistake. Respect them when they do.
- Take affirmative responsibility for your alcohol intake/drug use and acknowledge that alcohol/drugs lower your sexual inhibitions and may make you vulnerable to someone who views a drunk or high person as a sexual opportunity.
APPENDIX C
Frequently Asked Questions: Sexual Assault and Misconduct
Below are some questions regarding sexual misconduct that are often asked by students:
- Does information about a complaint remain confidential?
The confidentiality of all parties to a complaint of sexual misconduct must be respected, insofar as it does not interfere with the University’s obligation to fully investigate allegations of sexual misconduct. Where confidentiality is not strictly kept, it will still be tightly controlled on a need-to-know basis. Dissemination of information and/or written materials to persons not involved in the complaint procedure is not permitted. Violations of the privacy of the Complainant or the Respondent may lead to disciplinary action by the University. In all complaints of sexual misconduct, all parties will be informed of the outcome. In some instances, the University may choose to make a brief public announcement of the nature of the violation and the action taken, without using the name or identifiable information of the alleged victim. Certain University administrators are informed of the outcome within the bounds of student privacy (e.g., the President, Dean of Students, Director of Campus Safety, Title IX Coordinator). If there is a report of alleged sexual misconduct to the University and there is evidence that a felony has occurred, local police will be notified if the Complainant consents. This does not mean charges will be automatically filed or that a Complainant must speak with the police. The University also must statistically report the occurrence on campus of major violent crimes, including certain sex offenses, in an annual report of campus crime statistics. This statistical report does not include personally identifiable information.
- Will I (as a survivor/victim) have to pay for counseling/or medical care?
Monsour Counseling and Psychological Services (MCAPS): Students can access free counseling and psychological services. There are a capped number of counseling sessions available to students free of charge. MCAPS also hosts a support group for survivors of sexual assault. Contact MCAPS at (909) 621-8202 to make an appointment and for more information.
Empower Center: Students can access free counseling sessions. Counseling sessions are scheduled on specified days of the week. The EmPower Center also hosts a support group for survivors of sexual assault once a week. Contact the EmPower Center at (909) 607-2689 or the counselor directly at (909)623-1619 to make an appointment or for more information.
- What, if anything, will my parents or significant other be told?
The University’s primary relationship is to you, the student, and not to your parent/guardian or significant other. University officials will speak with your parents/guardians or significant other only at your request or when there is a significant threat to your health or safety.
- Do I have to name the alleged perpetrator?
“YES,” if you want the University to pursue its investigation and formal procedures as outlined in the University Policy on Sexual Misconduct and Other Prohibited Behaviors.
“NO,”if you choose to not file a formal complaint, you should consult the confidentiality provisions set forth in the “Informal Resolution Process and Procedures” section. Complainants should be aware that not identifying the alleged perpetrator may limit the University’s ability to respond comprehensively.
- Will the alleged perpetrator know my identity?
“Yes,” if and only if you file a formal complaint. Sexual misconduct is a serious offense and the Respondent has the right to know the identity of the complainant/alleged victim.
- What do I do if I am accused of sexual misconduct?
DO NOT contact the Complainant. You may want to speak with the Title IX Coordinator who can explain the University’s resolution procedures for addressing sexual misconduct complaints. You may also want to speak with someone who can act as your support person/advisor. You may also want to seek confidential counseling through the MCAPS at (909) 621-8202 or seek support through off campus services in the community. See below regarding legal representation.
- What about legal advice?
University procedures (internal action): Complainants and Respondents have the right to legal advice throughout informal and formal procedures. Furthermore, an attorney may attend but shall not participate in University meetings or hearings.
Criminal lawsuits (external action): Complainants do not need private legal counsel to pursue criminal prosecution because representation will be handled by the District Attorney’s office. However, a Complainant may want to retain an attorney if you are considering filing a civil action. Respondents may want to retain legal counsel given the potential for criminal and/or civil action.
- What about University accommodations?
Following the filing of a misconduct report/ complaint, accommodations can be made through the Title IX Coordinator. Accommodations available might include: (a) Assistance with or rescheduling an academic assignment (paper, exams, etc.); (b) Assistance in requesting an incomplete in a class; (c) Assistance with transferring class sections, if available; (d) Temporary withdrawal; (e) Assistance with alternative course completion options; (f) No contact orders; (g) And other accommodations for safety, deemed necessary.
- What should I do about obtaining medical treatment for a sexual assault?
Victims/survivors of a sexual assault (particularly rape, forcible oral copulation or sodomy) are urged to seek medical treatment as soon as possible by going to the nearest hospital emergency room, Student Health Service, Planned Parenthood, or a private physician.
Victims/survivors who promptly seek medical attention benefit from being examined for physical injury, receiving preventative treatment for sexually transmitted diseases, a toxicology examination for date rape drugs, and emergency contraception
Emergency rooms nearest CGU, which are also County designated SART (Sexual Assault Response Team) Centers, are located at:
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Pomona Valley Hospital Medical Center
1798 N. Garey Avenue
Pomona, CA 91767
(909) 865-9500
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San Antonio Community Hospital
999 San Bernardino Road
Upland, CA 91786
(909)920-4745
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Confidentiality: Although information provided to medical providers is generally protected by confidentiality, medical providers in California are required to notify law enforcement if a patient tells medical personnel that they have experienced sexual violence. Although the police may be present you are not required to speak with them and you do not need to make an immediate decision to press criminal charges. That decision can be made at a later time.
If you do not wish to go to the hospital you may choose to contact the local Planned Parenthood.
Planned Parenthood has healthcare providers who can test and provide treatment for sexually transmitted diseases.
Planned Parenthood
1550 N Garey Avenue
Pomona, CA 91767
(800) 576-5544.- What should I do about preserving evidence of a sexual assault?
Prompt reporting allows for the preservation of evidence, which will be used only if you decide (then or later) to press criminal charges or file a civil suit. To preserve evidence, you should not bathe, douche, smoke, brush teeth or change clothes (a change of clothes should be brought along). If clothes have been changed, the original clothes should be put in a paper bag (plastic bags damage evidence) and brought to the hospital. Do not disturb the scene of the assault. If it is not possible to leave the scene undisturbed, evidence (e.g. bedding, towels, loose fabrics, prophylactics, and clothing) should be placed in separate paper bags to be preserved. Time is a critical factor in collecting and preserving evidence. The physical evidence of an assault is most effectively collected within the first 24-48 hours of the assault, but some evidence may be collected for up to 72 hours. If, however, you choose to report the incident days, weeks, or even months after the assault, important support systems are still available and can be arranged, but understand that delay may make it more difficult to collect physical evidence of the sexual assault that could impact a criminal prosecution or civil lawsuit.
- Will the Complainant be sanctioned when reporting a sexual misconduct if they have illegally used drugs or alcohol?
No. The severity of the infraction will determine the nature of the University’s response. The seriousness of sexual misconduct is a major concern and the University does not want any of the circumstances (e.g., drug or alcohol use) to inhibit the reporting of sexual misconduct.
- Will the use of drugs or alcohol affect the outcome of a sexual misconduct complaint?
The use of alcohol and/or drugs by either party will not diminish the Respondent’s responsibility. On the other hand, alcohol and/or drug use is likely to affect the Complainant’s memory and, therefore, may affect the outcome of the complaint. A person bringing a complaint of sexual misconduct must either remember the alleged incident or have sufficient circumstantial evidence, physical evidence and/or witnesses to support their complaint. If the Complainant does not remember the circumstances of the alleged incident, it may not be possible to impose sanctions on the Respondent without further corroborating information. Use of alcohol and/or drugs will never excuse a violation by a Respondent.
- Will either party’s prior use of drugs and/or alcohol be a factor when reporting sexual misconduct?
Not unless there is a compelling reason to believe that prior use or abuse is relevant to the present complaint.
- What should I do if I am uncertain about what happened?
If you believe that you have experienced sexual misconduct, but are unsure of whether it was a violation of the University Policy, you should contact the University’s Title IX Coordinator who can explain the Policy and resolution options. If you would like to speak with someone in strict confidence to explore the incident, you may want to first speak with:
- a counselor at Monsour Counseling and Psychological Services (909) 621-8202
- a chaplain from the McAlister Center (909) 621-8685, or
- an advocate from the Project Sister Rape Crisis hotline (909) 626-HELP (909-626-4357)
APPENDIX D
Title IX Coordinator Check List:
Intake & Initial Review, Rights, and Options
During the Intake & Initial Review the Title IX Coordinator or their designee(s) will:
- assess the nature and circumstances of the allegation;
- address immediate physical and emotional safety of the Complainant and the CGU community;
- discuss with the Complainant the range of interim measures and remedies, including options for no-contact orders and changes in academic, transportation, or working situations;
- obtain the Complainant’s expressed preference for the manner of resolution and assess any barriers to proceeding;
- provide the Complainant with an explanation of the anticipated timeframes for the resolution process if the Complainant wishes to move to an investigation;
- provide the Complainant with an explanation of the limitations on the University’s response should the Complainant choose to remain anonymous;
- provide information about having a support person/ advocate/ advisor of their choice, including legal counsel throughout the grievance procedure;
- provide information about the Resource Person (a Resource Person cannot function as a support person; they serve in an administrative role);
- determine if concerns exist for discrimination or harassment based on other protected classes;
- explain the University’s policies for confidentiality and prohibited retaliation;
- explain the difference between confidential and non-confidential resources;
- determine if pattern of conduct or similar evidence regarding Respondent exists;
- determine if any issues of academic freedom exist;
- assess the reported conduct for the need for a timely warning notice under federal law; and
- submit non-identifying information about the report to Campus Safety for entry into the University’s daily crime log if the report includes a Clery Act reportable crime.
The Title IX Coordinator will provide the Complainant their rights and options that include, but are not limited to:
- providing the Complainant with information about on- and off-campus resources, including counseling and mental health services (e.g., Empower Center and Monsour Counseling and Psychological Services (MCAPS)), victim advocacy (e.g., Project Sister, CGU Advocates), student financial aid options, and visa and immigration assistance, as appropriate;
- the right to be informed by University officials of options to notify proper law enforcement authorities, including on-campus and local police, and the option to be assisted by campus officials in notifying such authorities, if the student so chooses. This also includes the right not to report, if this is the Complainant’s desire;
- the right to be treated with respect, dignity, and sensitivity throughout the process;
- the right to have reports of sexual misconduct responded to promptly and with sensitivity by campus law enforcement and other campus officials;
- the right to be provided a prompt, fair, and impartial investigation and resolution;
- the right to obtain a “no-contact” order when someone has engaged in or threatens to engage in stalking, threatening, harassing or other improper behavior that presents a danger to the welfare of the reporting party or others;
- the right to file a complaint through the applicable complaint resolution process;
- the right to receive an explanation of the complaint resolution process related to sexual misconduct, harassment, and discrimination.
- the right to receive an explanation of the preponderance of the evidence standard of proof used to resolve the complaint (“more likely than not”);
- the right to have a support person/advocate/ advisor present in any and all phases of the investigation and resolution proceedings;
- the right to consult with a designated Resource Person (a Resource Person cannot function as a support person; they serve in an administrative role);
- the right not to be pressured to mediate or otherwise informally resolve any reported misconduct;
- the right not to be discouraged by University officials from reporting sexual misconduct or discrimination to both on-campus and off-campus authorities;
- the right to receive an explanation of the possible sanctions against Respondents;
- the right to have reports heard by hearing and appeals officers who have received [at least 8 hours of] annual sexual misconduct training;
- the right to petition any member of the conduct body be recused on the basis of demonstrated bias;
- the right to a panel comprised of both genders;
- the right to be notified, in writing, of the case resolution, including the outcome of any appeal; and
- the right to challenge the appointment of the Investigator, or request an alternate Vice President as a Sanctioning Officer, if a conflict of interest is present.
The Title IX Coordinator will provide the Respondent their rights and options that include, but are not limited to:
- the right to on- and off-campus resources for medical, health, counseling, and advisory services (e.g., the EmPower Center and Monsour Counseling and Psychological Services (MCAPS)), student financial aid options, and visa and immigration assistance, as appropriate;
- the right to be treated with respect, dignity, and sensitivity throughout the process;
- the right to participate, or decline to participate, in any investigation and hearing;
- the right to be provided a prompt, fair, and impartial investigation and resolution;
- the right to discuss with the Respondent the range of interim measures and remedies, including options for no-contact orders, academic, transportation, and working situations;
- the right to receive an explanation of the internal complaint resolution process and the preponderance of the evidence standard of proof used to resolve the complaint (“more likely than not”);
- the right to have a support person/advocate/ advisor present in any and all meetings and hearings;
- the right to consult with a designated Resource Person (a Resource Person cannot function as a support person; they serve in an administrative role);
- the right to have reports heard by hearing and appeals officers who have received (at least 8 hours of) annual sexual misconduct training;
- the right to petition any member of the conduct body be recused on the basis of demonstrated bias;
- the right to a panel comprised of both genders;
- the right to receive an explanation of the possible sanctions against Respondents.
- the right to be notified, in writing, of the case resolution, including the outcome of any appeal; and
- the right to challenge the appointment of the Investigator, or request an alternate Vice President as a Sanctioning Officer, if a conflict of interest is present.
APPENDIX E
Check List of Investigation Steps
The investigator(s) will take the following steps (not necessarily in this order):
- Determine the identity and contact information of the Complainant;
- Meet with the Complainant to finalize their statement;
- Identify the exact policies allegedly violated;
- Prepare the notice of charges on the basis of the initial inquiry;
- Commence thorough, reliable, and impartial investigation by developing a strategic investigation plan, including a witness list, evidence list, an intended timeframe, and an order of witness interviews ;
- Interview witnesses and the Respondent, who may be given notice prior to or at the time of the interview;
- After each interview, the Investigator(s) will prepare a written summary of each interview to review for accuracy with the respective interviewee;
- Complete the investigation promptly, and without unreasonable deviation to the typical timeline of sixty (60) business days12;
- Provide regular updates of the investigation to the Title IX Coordinator, as appropriate, throughout the investigation.
APPENDIX F
Illustrative Sanctions
Student Sanctions:
- Warning- Formal written notice to the student and official recognition that a violation has occurred.
- Probation - A period of time during which any further violations of the General Code of Conduct
- Required training- including online training(s) or training(s) conducted by appropriate CGU officials that address the behavior or misconduct.
- Educational Sanctions- attendance at educational programs, interviews with appropriate officials, planning and implementing educational programs, research papers and other educational activities related to this violation.
- Withholding diploma- The withholding of a student’s diploma for a specific period of time and/or denying a student participation in commencement if the student has a grievance pending, or as a sanction if the student is found responsible for an alleged violation.
- Revocation of degree- Revoke a previously awarded degree.
- Transcript notation
- Organizational sanctions
- Banning from campus
- Suspension- The termination of the student’s attendance at the University for an indefinite or specified period of time. A suspension means that students may not be on University property at any time without prior approval from the Dean of Students or designee. Stipulations may be applied to the student as a condition for ending the suspension.
- Expulsion- The permanent separation of the student from the University.
Employee Sanctions:
- Warning- written or verbal
- Performance improvement plan
- Required counseling
- Required training or education
- Demotion
- Suspension without pay
- Suspension with pay
- Revocation of tenure
- Termination
Sanctioning for Sexual Misconduct:
- Any person found responsible for violating Sexual Assault (Non-Consensual Penetration) under the Sexual Misconduct, and Other Prohibited Conduct Policy will likely face a recommended sanction of suspension or expulsion (student) or suspension or termination (employee).
- Any person found responsible for violating Sexual Assault (Non-Consensual Sexual Contact) under the Sexual Misconduct and Other Prohibited Conduct Policy (where no intercourse has occurred) will likely receive a sanction ranging from probation to expulsion or termination, depending on the severity of the incident, and taking into account any previous disciplinary violations.
- Any person found responsible for violating Sexual Harassment, Sexual Exploitation, and/or Stalking under the Sexual Misconduct and Other Prohibited Conduct Policy will likely receive a sanction ranging from warning to expulsion or termination, depending on the severity of the incident, and taking into account any previous disciplinary violations.
1 State and Federal Law includes Title IX of the Higher Education Amendments of 1972, The Violence Against Women Reauthorization Act of 2013, California SB 967 (“Yes Means Yes”), Title VI and VII of the Civil Rights Act of 1964, Family Educational Rights and Privacy Act of 1974, Section 504 of the Rehabilitation Act of 1973, California Unruh Civil Rights Act of 1959, the Americans with Disabilities Act of 1990, the Age Discrimination in Employment Act of 1967- as amended by the Older Worker’s Benefit Protection Act (“ADEA”), and the California Fair Employment and Housing Act (“FEHA”).
2 Note: incidents involving sexual assault, sexual exploitation or other forms of sexual violence are not the proper subject for mediation.
3 This type of sexual assault is sometimes referred to as “rape.”
4 Gender includes both the physiological sex of an individual and that person’s gender identity, appearance, or behavior, regardless of whether that identity, appearance, or behavior is traditionally associated with that person’s sex at birth (e.g., transgender status).
5 Under the Executive Vice President/Provost, faculty cases involving prohibited conduct will go through the Faculty Grievance Procedures and related faculty policies. Under the Associate Vice President of Human Resources, staff cases involving prohibited conduct will go through the Open Door Policy and related staff policies.
6 For purposes of these Policies and Procedures, a business day is a day on which the University holds classes or exams. In matters involving staff members only, a business day also includes any day that is not a CGU holiday or closure.
7 See Endnote 6.
8 CGU Community Representatives consist of three Title IX trained Student Services Staff and University faculty. CGU may also engage in an external adjudicator to serve as a Community Representative, but doing so will not interfere with the fair and equitable resolution of the case. The Title IX Coordinator’s decision with respect to which Community Representatives to appoint to a particular matter will be based on several factors, including:
- The status of the parties (e.g., if both parties are students, then all three 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’s University area if reasonably 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).
9 The Title IX Coordinator will be present throughout all Community Hearing proceedings in an administrative oversight role only to ensure that the meetings conform to the standards of fairness, neutrality, and equity set forth in this Process, and to address any procedural questions that the CGU Community Representatives may have.
10 Appeal Officers will consist of a Vice President (or designee) and an Assistant Vice President (or designee).
11 In cases involving a faculty respondent, the University President will be the designated Appeal Officer. In cases involving a student or staff respondent, the Executive Vice President/Provost of the University may serve as one of the designated Appeal Officers.
12 See Endnote 6.
Approved by University Council on 2.14.2020
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