Sexual Misconduct and Complaint Resolution Policy

Introduction: Institutional Values and Community Expectations

Claremont Graduate University (“University” or “CGU”) is committed to providing a non-discriminatory and harassment-free educational, living and working environment for all members of the CGU community, including students, faculty, administrators, staff and visitors. The University will not tolerate sexual harassment or other forms of Prohibited Conduct. This Sexual Misconduct and Complaint Resolution Policy (“Policy”) prohibits all forms of sexual or gender-based harassment, discrimination and other misconduct, including non-consensual sexual contact, non-consensual sexual penetration, sexual exploitation, intimate partner violence and stalking. Misconduct of this nature is contrary to CGU’s institutional values and is prohibited by state and federal law.

CGU encourages the prompt reporting of any incident of sexual or gender-based misconduct to the University and to local law enforcement or civil rights enforcement agencies. Upon receipt of a report, the University will take prompt and effective action by: supporting the individual who makes a report or seeks assistance under this Policy (“Complainant”); conducting a review of the reported conduct addressing the safety of individuals and the campus community; and as warranted, taking disciplinary action against the accused individual (“Respondent”). The university’s process for investigating and responding to reported Prohibited Conduct by students are contained in the Appendix A (Procedures for Resolving Complaints Against Students).

Retaliation (as defined in this Policy) should be reported promptly to the Title IX Coordinator for investigation, which may result in disciplinary action independent of any sanction or supportive measures imposed in response to the underlying allegations of discrimination and/or harassment.

The University encourages all members of our community to participate in the process of creating a safe, welcoming and respectful environment on campus. In particular, the University expects that all CGU community members will take reasonable and prudent actions to prevent or stop an act of sexual misconduct. Taking action may include directly intervening when safe to do so, enlisting the assistance of friends, contacting law enforcement, or seeking assistance from a person in authority. Community members who chose to exercise this positive moral obligation will be supported by the University and protected from retaliation.

Policy Statement: Scope of Policy

Policy

All forms of sexual or gender-based discrimination, harassment or other misconduct, including non-consensual sexual contact, non-consensual sexual penetration, sexual exploitation, intimate partner violence and stalking, are Prohibited Conduct. Retaliation against any person or group who makes a complaint, cooperates with an investigation, or participates in a grievance procedure is also a violation of this Policy. Misconduct of this nature (“Prohibited Conduct”) is contrary to CGU’s institutional values, is a violation of University policy, and will not be tolerated. Any individual who is found to have violated this Policy may face disciplinary sanctions up to and including expulsion and/or termination of employment.

Scope of Policy

The CGU Sexual Misconduct and Complaint Resolution Policy will be utilized if a complaint does not meet the criteria under the The Claremont Colleges Title IX Sexual Harrassment Policy. The decision to move forward with the CGU Sexual Misconduct and Complaint Resolution Policy will be determined by the TIX Coordinator. If there are questions regarding the policies, please contact the TIX Coordinator.

This Policy applies to all faculty, staff and students of the University. It also applies to third parties (including but not limited to trustees, applicants, volunteers, campus visitors and vendors) who may have contact with members of the CGU community either on the CGU campus or at off-campus CGU events, programs and activities.

For purposes of this Policy, the Complainant is the person who is the subject or target of the reported misconduct. The Respondent is the person, group, or organization alleged to be responsible for the reported misconduct. A third party refers to any other participant in the process, including a witness or an individual who makes a report of conduct prohibited by this Policy. A witness may include an individual who observed behavior that is alleged to constitute a violation of policy or who communicated with one of the parties subsequent to an alleged incident of Prohibited Conduct.

This Policy applies to conduct occurring on campus or in connection with University-related, off-campus events, programs and activities, such as University functions hosted in private homes, off-site conferences and meetings, and University-sponsored study-abroad, internship, research and other programs. The Policy also may apply to conduct that occurred off-campus, but not at CGU-sponsored events, program or activities, 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 CGU community.

A Complainant is encouraged to report misconduct regardless of where the incident occurred or who committed it. Even if the University does not have jurisdiction over the Respondent, the University will still take prompt action to attempt to provide for the safety and well-being of the Complainant and the broader campus community. Under the Clery Act and the Campus SaVE Act, the University will record and report all violations of this Policy.

Oversight and Enforcement Responsibility

The administration and enforcement of this Policy is the responsibility of the Universities’ Title IX Coordinator. Title IX is a comprehensive federal law that provides:

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

The Title IX Coordinator oversees the university’s overall compliance, and is:

• Responsible for oversight of the investigation and resolution of all reports of all forms of Prohibited Conduct;
• Knowledgeable and trained in University policies and procedures and relevant state and federal laws;
• Available to advise any individual, including a Complainant, a Respondent, or a third party, about the formal and informal courses of action available at the University and the courses of action available in the community;
• Available to provide assistance to any University employee regarding how to respond appropriately to a report of Prohibited Conduct;
• Responsible for monitoring full compliance with all procedural requirements and timeframes outlined in this Policy; and
• Responsible for training, prevention and education efforts and periodic reviews of climate and culture.

The Title IX team supports the Title IX Coordinator. Members of this interdepartmental team include the Title IX Coordinator and the Deputy Title IX Coordinator(s). In addition, depending on the roles of the Complainant and the Respondent, the Title IX team could include the Assistant Vice President of Human Resources, the Dean of the Faculty, and/or a representative from the Division of Student Affairs. Composition of the team will be limited to a small circle of individuals who “need to know” to implement procedures under this Policy.

The university’s Title IX Coordinators are as follows:

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

Staff or Third Parties
Alejandra Gaytan
Assistant Vice President of Human Resources and Title IX Coordinator
Harper Hall 116
160 E. Tenth St.
Claremont, CA 91711
(909) 607-4404
alejandra.gaytan@cgu.edu

Faculty
Patricia Easton
Executive Vice President and Provost and Title IX Coordinator
Harper Hall 122
160 E. Tenth St.
Claremont, CA 91711
(909) 621-8068
patricia.easton@cgu.edu​​​​​​​

Inquiries or complaints concerning the application of Title IX may be directed to the university’s Title IX Coordinator and/or to the U.S. Department of Education’s:

Office of Civil Rights
50 United Nations Plaza, Room 1545
San Francisco, CA 94102
Telephone: 415.486.5555
Email: ocr.SanFrancisco@ed.gov

Privacy vs. Confidentiality

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

Privacy

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

Confidentiality

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

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

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

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

Disability Accommodations

This Policy does not alter any institutional obligations under federal disability laws including the Americans with Disabilities Act of 1990, and Section 504 of the Rehabilitation Act of 1973. Parties may request reasonable accommodations for disclosed disabilities to the Title IX Coordinator at any point before or during the CGU Sexual Misconduct and Complaint Resolution Policy process that do not fundamentally alter the Process. The Title IX Coordinator will not affirmatively provide disability accommodations that have not been specifically requested by the Parties, even where the Parties may be receiving accommodations in other institutional programs and activities.

Responsible Employees

A Responsible Employee is any university employee who is not a confidential employee. A “responsible employee” is an employee:

• Who has the authority to take action to redress sexual harassment/violence, or
• Provide supportive measures to students; or
• Who has been given the duty of reporting incidents of sexual harassment/violence or any other misconduct by students to the Title IX Coordinator or other appropriate school designee, or
• That a student/employee could reasonably believe has either the authority or the duty listed above
• Student-employees are considered Responsible Employees when disclosures are made to them in their capacities as employees

It is considered official notice to the institution if a responsible employee “knew, or in the exercise of reasonable care should have known” about the harassment/violence. This includes incidents that are reported directly, are witnessed, or are reported by a third party, posted on fliers around campus, published in a local newspaper, etc. - all of these should be reported to the Title IX Coordinator.

Examples of harassment/violence:

Sexual Misconduct

• Sexual Assault/Non-Consensual Sexual Penetration
• Sexual Assault/Non-Consensual Sexual Contact
• Stalking
• Sexual Exploitation
• Sexual Harassment or Gender-Based Harassment
• Sexual Discrimination or Gender Based Discrimination

Intimate Partner Violence

• Dating Violence
• Domestic Violence

For compliance, all Claremont Graduate University employees who are designated as supervisors, with the exception of mental health counselors and Ombud’s officers, are considered “responsible employees.” This includes some select graduate student employees such as community assistants (CAs). 

Also considered responsible employees are all Campus Safety Officers, student affairs staff, human resources staff, academic advisors, faculty, instructors, graduate teaching assistants, research assistants, graduate students that are supervising other students, and individuals designated as Campus Security Authorities.

“Responsible employee” includes, but is not limited to, those individuals with any of the following positions or substantially similar positions or job duties, regardless of the specific title the institution may attach to the position:

• Title IX coordinator or other coordinator designated to comply with and carry out the institution’s responsibilities under this section.
• Housing directors, coordinators, or deans.
• Student life directors, coordinators, or deans.
• Coaches of any student athletic or academic team or activity.
• Faculty and associate faculty, teachers, instructors, or lecturers.
• Graduate student instructors, while performing the duties of employment by the institution.
• Laboratory directors, coordinators, or principal investigators.
• Internship or externship directors or coordinators.
• Study abroad program directors or coordinators.

The role of a responsible employee is to report allegations of sexual harassment/violence that takes place on or off campus to the Title IX Coordinator to maximize the institution’s ability to investigate and potentially address and eliminate sexual harassment/violence. The responsible employee should NOT attempt to determine if the harassment/violence actually did occur, or if a hostile environment is being created.

Responsible employees interacting with a person disclosing an incident of Sexual Misconduct and Other Prohibited Conduct of a sexual nature should explain their obligation to provide CGU’s Title IX Coordinator with all relevant details, and provide assurance that only people who need to know will be told about the incident.

The information that will be reported includes all the relevant information that the individual has shared and that may be useful in the investigation. This includes names of the alleged perpetrator, the student/employee who experienced the alleged harassment/violence, any other student/employee involved, and the date, time, and location of the alleged incident.

Exemptions

• Counseling and Psychological Services
• Student Health Services
• Ombudsman
• Empower Center
• Pastoral counselors (if associated with and recognized by a religious order or demonstrated as someone who provides confidential counseling and is functioning within the scope of that recognition as a pastoral counselor)

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

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

The Title IX Coordinator will conduct an initial assessment of the conduct, the Complainant’s expressed preferences, if any, as to course of action, and the necessity of any supportive measures to protect the safety of the Complainant or the community.

Request for Confidentiality

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

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

Timely Warnings

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

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

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

Participation

An individual who participates as a complainant or witness in an investigation of sexual assault, domestic violence, dating violence, or stalking will not be subject to disciplinary sanctions for a violation of CGU’s student conduct policy at or near the time of the incident, unless CGU determines that the violation was egregious, including, but not limited to, an action that places the health or safety of any other person at risk or involves plagiarism, cheating, or academic dishonesty.

Definitions of Consent and Prohibited Conduct

All sexual activity between members of the CGU community must be based on Affirmative Consent. Engaging in any sexual activity without first obtaining Affirmative Consent to the specific activity constitutes Sexual Misconduct and is a violation of this Policy, whether or not the conduct violates any civil or criminal law.

Affirmative Consent: Force, Coercion, Incapacitation, Drugs and Alcohol

Affirmative Consent

Consent consists of an affirmative, conscious decision by each participant to engage in mutually agreed-upon sexual activity. In the state of California, sexual activity with a minor (under the age of 18) is never consensual, because a minor is considered incapable of giving consent due to age.

The following are essential elements of effective consent:

• Informed and reciprocal: All parties must demonstrate a clear and mutual understanding of the nature and scope of the act to which they are consenting and a willingness to do the same thing, at the same time, in the same way.
• Freely and actively given: Consent cannot be obtained through the use of force, coercion, threats, intimidation or pressuring, or by taking advantage of the incapacitation of another individual.
• Mutually understandable: Communication regarding consent consists of mutually understandable words and/or actions that indicate an unambiguous willingness to engage in sexual activity. In the absence of clear communication or outward demonstration, there is no consent.  Consent may not be inferred from silence, passivity, lack of resistance, or lack of active response. An individual who does not physically resist or verbally refuse sexual activity is not necessarily giving consent. Relying solely upon non-verbal communication can lead to a false conclusion as to whether consent was sought or given.
• Not indefinite: Consent can be withdrawn by any party at any time. Recognizing the dynamic nature of sexual activity, individuals choosing to engage in sexual activity must evaluate consent in an ongoing manner and communicate clearly throughout all stages of sexual activity.  Withdrawal of consent can be an expressed “no” or can be based on an outward demonstration that conveys that an individual is hesitant, confused, uncertain, or no longer a mutual participant. Once consent is withdrawn, the sexual activity must cease immediately, and all parties must obtain mutually expressed or clearly stated consent before continuing further sexual activity.
• Not unlimited: Consent to one form of sexual contact does not constitute consent to all forms of sexual contact, nor does consent to sexual activity with one person constitute consent to activity with any other person. Each participant in a sexual encounter must consent to each form of sexual contact with each participant.
  
  Even in the context of a current or previous intimate relationship, each party must consent to each instance of sexual contact each time. The consent must be based on mutually understandable communication that clearly indicates a willingness to engage in sexual activity. The mere fact that there has been prior intimacy or sexual activity does not, by itself, imply consent to future acts.

Force

Consent is not valid if obtained through force. Force is the use or threat of physical violence or intimidation to overcome an individual’s freedom of will to choose whether or not to participate in sexual activity. For the use of force to be demonstrated, there is no requirement that a Complainant resists the sexual advance or request. However, resistance by the Complainant will be viewed as a clear demonstration of non-consent.

Coercion

Consent obtained through coercion is not valid consent. Coercion is the improper use of pressure to compel another individual to initiate or continue sexual activity against their will. Coercion can include a wide range of behaviors, including intimidation, manipulation, threats and blackmail. A person’s words or conduct are sufficient to constitute coercion if they wrongfully impair another individual’s freedom of will and ability to choose whether or not to engage in sexual activity. Coercion includes, but is not limited to: threatening to “out” someone based on sexual orientation, gender identity, or gender expression, and threatening to harm oneself if the other party does not engage in the sexual activity.

Incapacitation

Incapacitation is a state in which an individual cannot make an informed and rational decision to engage in sexual activity because they lack conscious knowledge of the nature of the act (i.e., the ability to understand the who, what, when, where, why, or how of the sexual interaction) and/or are physically helpless. An individual is incapacitated, and therefore unable to give consent, if they are asleep, unconscious, or otherwise unaware that sexual activity is occurring.

Incapacitation may result from the use of alcohol and/or drugs. Consumption of alcohol or other drugs alone is insufficient to establish incapacitation. The impact of alcohol and drugs varies from person to person, and evaluating incapacitation requires an assessment of how the consumption of alcohol and/or drugs impacts an individual’s:

• decision-making ability;
• awareness of consequences;
• ability to make informed judgments; or
• capacity to appreciate the nature and quality of the act.
  Evaluating incapacitation also requires an assessment of whether a Respondent knew or should have known that the Complainant was incapacitated.
•  

Alcohol and Other Drugs

In general, sexual contact while under the influence of alcohol or other drugs poses a risk to all parties. Alcohol and drugs impair a person’s decision-making capacity, awareness of consequences and ability to make informed judgments. It is especially important, therefore, that anyone engaging in sexual activity be aware of the other person’s level of intoxication or impairment. If there is any doubt as to the level or extent of the other individual’s intoxication or impairment, the prudent course of action is to forgo or cease any sexual contact or activity. 
Being intoxicated or impaired by drugs or alcohol is never an excuse for Prohibited Conduct and does not diminish one’s responsibility to obtain consent.

Forms of Prohibited Conduct

Sex or Gender-Based Discrimination

Sex or gender-based discrimination refers to the disparate treatment of a person or group because of that person’s or group’s sex, sexual orientation, gender identity, or gender expression.

Sexual and Gender-Based Harassment

“Sexual Harassment” is any unwelcome sexual advance, request for sexual favors, or other unwelcome conduct of a sexual nature, whether verbal, visual, physical, graphic, or otherwise.

“Gender-Based Harassment” is harassment based on sex, sexual orientation, gender identity, or gender expression, which may include acts of aggression, intimidation, or hostility, whether verbal, physical, graphic, or otherwise. To qualify as Gender-Based Harassment, the conduct need not involve conduct of a sexual nature.

Generally speaking, harassment can be divided into two types of conduct:

• Quid Pro Quo Harassment. Submission to or rejection of such conduct is made, either explicitly or implicitly, a term or condition of an individual’s employment, academic standing, or participation in any aspect of a University program or activity or is used as the basis for the university’s decisions affecting the individual.
• Hostile Environment. A hostile environment exists when the conduct is sufficiently severe, pervasive, or persistent that it unreasonably interferes with, limits, or deprives an individual from participating in or benefiting from the university’s education or employment programs and/or activities. Whether conduct is sufficiently severe, pervasive, or persistent is determined both from a subjective and objective perspective.
• 
   

Harassing conduct can take many forms. The determination of whether an environment is hostile is based on the totality of the circumstances, including but not limited to: (1) the frequency of the conduct; (2) the nature and severity of the conduct; (3) whether the conduct was physically threatening; (4) the effect of the conduct on the Complainant’s mental or emotional state, with consideration of whether the conduct unreasonably interfered with the Complainant’s educational or work performance and/or University programs or activities; (5) whether the conduct was directed at more than one person; (6) whether the conduct arose in the context of other discriminatory conduct; and (7) whether the conduct implicates concerns related to academic freedom or protected speech.

A single isolated incident may create a hostile environment if the incident is sufficiently severe, particularly if the conduct is physical. A single incident of sexual assault, for example, may be sufficiently severe to constitute a hostile environment. In contrast, the perceived offensiveness of a single verbal or written expression is typically not sufficient to constitute a hostile environment.

Examples of harassment may include such conduct as: direct or implied threats that submission to sexual advances will be a condition of employment, work status, promotion, grades, or letters of recommendation; direct unwelcome propositions of a sexual nature; unwelcome subtle pressure for sexual activity, an element of which may be repeated requests for private meetings without an academic or employment purpose; and patterns of conduct which would discomfort and/or humiliate a reasonable person at whom the conduct was directed and which include 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; or (4) other unwelcome offensive comments of a sexual nature, including sexually explicit statements, questions, jokes or anecdotes or certain unwelcome and offensive visual displays of sexually oriented images outside the educational context, including letters, notes, or electronic mail.

Harassment may be committed by anyone, regardless of gender, age, position or authority. While there is often a power differential between two persons, perhaps due to differences in age, social, educational, or employment relationships, harassment can occur in any context. Harassment can occur regardless of the relationship, position, or respective genders of the parties. It may affect the Complainant and/or third parties who witness or observe harassment and are affected by it.

Sexual misconduct is a form of sexual harassment and includes Non-Consensual Sexual Contact, Non-Consensual Sexual Penetration, Sexual Exploitation, Intimate Partner Violence, and Stalking, all of which are further defined below:

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

Non-Consensual Sexual Contact is:

• any intentional sexual touching,
• with any object or body part,
• by any person upon any person,
• without consent.

Sexual Contact includes but is not limited to: intentional contact with intimate parts of another, causing another to touch one’s intimate parts, or disrobing or exposure of another without permission. Intimate parts may include the breasts, genitals, buttocks, groin, mouth, or any other part of the body that is touched in a sexual manner.

Non-Consensual Sexual Penetration (or attempts to commit same)

Non-Consensual Sexual Penetration is:

• any sexual penetration,
• with any object or body part,
• by any person upon any person,
• without consent.
   

Sexual penetration includes but is not limited to: vaginal penetration by a penis, object, tongue or finger; anal penetration by a penis, object, tongue, or finger; and oral copulation (mouth to genital contact or genital to mouth contact), no matter how slight the penetration or contact.

Sexual Exploitation

Sexual Exploitation is:

• taking non-consensual or abusive sexual advantage of another,
• for one’s own advantage or benefit,
• or to benefit or advantage anyone other than the one being exploited.

Sexual Exploitation includes, but is not limited to: invasion of sexual privacy; prostitution of another person; the trafficking of another person, defined as the inducement of a person to perform a commercial sex act, or labor or services, through force, fraud, or coercion; non-consensual video or audio-recording of sexual activity; sharing private sexual materials, such as video or photographs or audio, without the consent of all involved parties; engaging in voyeurism, viewing of another person’s sexual activity or intimate parts, in a place where that other person would have a reasonable expectation of privacy, without that person’s consent, for the purpose of arousing or gratifying sexual desire; knowingly transmitting an STI or HIV to another person; exposing one’s genitals in non-consensual circumstances; inducing another to expose their genitals; or inducing incapacitation with the intent to make one vulnerable to non-consensual sexual activity.

Intimate Partner Violence

Intimate partner violence is often referred to as dating violence, domestic violence, or relationship violence. Intimate partner violence is:

• 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 includes but is 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, or violence or threat of violence to one’s self, to one’s sexual or romantic partner, or to the family members or friends of the sexual or romantic partner. Intimate partner violence affects individuals of all genders, gender identities, gender expressions and sexual orientations and does not discriminate by racial, social, or economic background.

Verbal abuse is the extreme or excessive use of language, often in the form of insults, name-calling, and criticism, designed to mock, shame, embarrass, or humiliate the other intimate partner. Verbal abuse often has the aim of diminishing the Complainant’s self-esteem, dignity, or security. Like other forms of verbal sexual harassment, the alleged verbal behavior must be: (1) objectively offensive and (2) sufficiently severe, persistent, or pervasive. Physical violence or abuse occurs when one intentionally or recklessly (1) causes bodily harm; (2) attempts to cause another bodily harm; or (3) puts another in fear of imminent bodily harm. Other forms of physical abuse include keeping an intimate partner captive, preventing them from leaving, or otherwise restraining them against their will.

Emotional and psychological abuse involves a persistent pattern or prolonged climate of dominating or controlling behavior, often involving some type of power imbalance. The abuser’s behavior is often intended to terrorize, intimidate, isolate, or exclude an intimate partner, and can often result in measurable psychological harm, such as depression, anxiety, or post-traumatic stress symptoms. Common forms include gaslighting, double binds, body shaming, dominating, emotional blackmail, hidden daggers, baiting, infantilization and dozens of other commonly recognized tactics

Stalking

Stalking is governed by this Policy when it is sex or gender-based.  Stalking is:

• a course of physical or verbal conduct directed at another individual,
• which could reasonably be regarded as likely to alarm, harass, or cause fear of harm or injury to that person or to a third party.

A course of conduct consists of at least two acts. The feared harm or injury may be physical, emotional, or psychological or related to one’s personal safety, property, education, or employment. Stalking includes cyber-stalking, a particular form of stalking in which electronic media such as the Internet, social networks, blogs, cell phones, texts, or other similar devices or forms of contact are used to pursue, harass, or make unwelcome contact with another person in an unsolicited fashion. Stalking may include but is not limited to pursuing, following, waiting for, surveilling/monitoring, or showing up uninvited at or near a residence, workplace, classroom, or other place frequented by the individual. Other examples of tactics and actions that could constitute stalking include unwelcome cards, letters, flowers, or presents; watching or following from a distance or spying with a listening device, camera, or global positioning system (GPS); installing tracking apps or keystroke recorders on electronic devices; approaching or showing up in places such as the target’s home, workplace, or school when unwelcome; leaving strange or potentially threatening items for the target to find; sneaking into the target’s home or car; and doing things to scare the target or let the target know the stalker has been there.

Resources

The University is committed to treating all members of the community with dignity, care and respect. Any individual who experiences or is affected by Prohibited Conduct, whether as a Complainant, a Respondent, or a third party, will have equal access to support and counseling services through the University. Supportive measures (protective) are also available to all parties.

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

There are many resources available on campus and in the surrounding community. As detailed below, there are Confidential Resources who by law, must maintain confidentiality, except under rare circumstances as required by law. There are also a variety of University resources that will be discreet and private but are not considered confidential. These resources will maintain the privacy of an individual’s information within the limited circle of those involved in the resolution of a complaint under this Policy. For more information about the difference between privacy and confidentiality, see confidentiality section.

Confidential Resources

On Campus Confidential Resources:

Monsour Counseling and Psychological Services
Phone: 909.621.8202
Office: Tranquada Student Services Center, 1st Floor
Hours: Monday–Friday, 8 a.m.–5 p.m. (for after-hours emergencies, call Campus Safety)
Website: Monsour Counseling and Psychological Services

EmPOWER Center Sexual Assault and Intimate Partner Violence Resource Center
Phone: 909.607.2689
Office: 1030 Dartmouth Ave.
Hours: Monday–Friday, 8 a.m.–5 p.m.
Contact: Rima Shah at RShahEmPOWER@cuc.claremont.edu or 909.607.0690

McAlister Center Office of the Chaplains
Phone: 909.621.8685
Office: McAlister Center for Religious Activities
Hours: Monday–Friday, 8 a.m.–5 p.m.
Website: Chaplains

Ombudsman Office
ombuds@cgu.edu
 

Off Campus Confidential Resources:

Project Sister Family Services Crisis Hotline*
Hotline: 909.626.HELP (4357)
Hours: 24/7
Website: Project Sister

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

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

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

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

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

Medical Resources

There is a limited window of time following an incident of sexual assault to preserve physical and other forms of evidence. Taking the step to gather evidence immediately does not commit an individual to any particular course of action. The decision to seek timely medical attention and gather any evidence will, however, preserve the full range of options to seek resolution under this Policy or through the pursuit of criminal prosecution.

A medical exam has two goals: first, to diagnose and treat the full extent of any injury or physical effect (including prevention of sexually transmitted illnesses and pregnancy) and second, to properly collect and preserve evidence. Information about seeking medical treatment may be found in Appendix C (What to Do If You Experience a Sexual Assault or Other Forms of Sexual/Gender Violence), to this Policy.

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

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

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

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

Additional Campus Resources

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

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

Student Health Services
Phone: 909.621.8222
Office: Tranquada Student Services Center, 1st Floor
Hours: Monday, Tuesday, Friday, 8 a.m.–5 p.m.
Wednesday, 8 a.m.–7 p.m.
Thursday, 9 a.m.–5 p.m.
(for after-hours emergencies, call Campus Safety)
Special services: STI testing, confidential HIV testing, contraception and counseling, emergency contraception/Plan B, pregnancy testing and counseling
Website: Student Health Services

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

If you are a victim or survivor of sexual misconduct, the sooner you seek help, the more options you have available to you. The following steps are important to take as soon as possible.

Reporting

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

The University will provide assistance in notifying law enforcement if the individual so chooses. An individual who experiences sexual violence also has the right to decline to notify law enforcement.

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

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

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

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

Emergency and External Reporting Options

CGU strongly encourages all individuals who experience any form of Prohibited Conduct that may involve criminal conduct to file a report with the police department that has jurisdiction over the location where the incident occurred. If the incident occurred on campus, or elsewhere in Claremont, the Claremont Police Department can be reached by calling Campus Safety if on campus (909.607.2000) or by dialing 911 if off campus.

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

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

Campus Reporting Options

Reports concerning conduct prohibited under this Policy should be submitted to the Title IX Coordinator or a “responsible employee” by telephone, by email, or in person as soon as possible after an incident.
Reports may also be submitted to:

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

Anonymous Reporting

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

All reports go to the Title IX Coordinator or Campus Safety. The links to these reporting pages are respectively (1) https://my.cgu.edu/dean-of-students/home/share-a-concern/  and (2) Silent Witness Incident Reporting.

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

Reporting Considerations: Timeliness and Location of Incident

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

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

An incident need not occur on campus to be reported to the University. Off-campus conduct that is likely to have a substantial effect on the Complainant’s on-campus life and activities, or which poses a threat or danger to members of the CGU community, may also be addressed under this Policy.

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

Amnesty for Alcohol or Other Drug Use

CGU encourages the reporting of Prohibited Conduct under this Policy. It is in the best interest of the University community that as many Reporting Parties as possible choose to report to University officials, and that witnesses come forward to share what they know. Any individual (including a witness or a third party) who shares information in the interest of any individual’s health and safety will not be subject to disciplinary action by CGU for student conduct policy violations that occur around the time of the alleged prohibited conduct, including their own personal consumption of alcohol or other drugs at or near the time of any incident, provided they did not harm another or place the health or safety of any other person, or the community, at risk.  CGU may suggest an educational conference where support, resources, and educational counseling options may be discussed and potentially required with a learning action plan for an individual who has engaged in the illegal or prohibited use of alcohol or drugs.

Coordination with Law Enforcement

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

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

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

Statement Against Retaliation

It is a violation of University policy to retaliate in any way against an individual because they raised allegations of Prohibited Conduct. The University recognizes that retaliation can take many forms, including threats, intimidation, pressuring, continued abuse, violence, or other forms of harm to others; that retaliation may be committed by or against an individual or a group; and that a Complainant, Respondent, or third party may commit or be the subject of retaliation.

The University will take immediate action in response to any report of retaliation and will pursue disciplinary action as appropriate. An individual reporting Prohibited Conduct is entitled to protection from any form of retaliation following a report that is made in good faith, even if the reported Prohibited Conduct is later not proven.

False Reports

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

Reports Involving Minors or Suspected Child Abuse

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

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

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

In addition to notifying the Title IX Coordinator any individual is required to make a direct report as follows:

• If a child is in immediate danger, call 911.

If there is no immediate danger, contact the Los Angeles County Department of Children and Family Services’ Child Protection Hotline, 800.540.4000, or website, https://dcfs.lacounty.gov/contact/report-child-abuse/

Supportive Measures (Protective)

Overview

Upon receipt of a report of Prohibited Conduct, the University will impose reasonable and appropriate supportive and protective measures (“supportive measures”) designed to eliminate the hostile environment and protect the parties involved. The University will make reasonable efforts to communicate with the parties to ensure that all safety, emotional and physical well-being concerns are being addressed. Supportive measures may be imposed regardless of whether formal disciplinary action is sought by the Complainant or the University. The University will consider reasonable requests for remedies by the parties, as evaluated by the Title IX Coordinator, and will communicate decisions in writing. Supportive measures should be designed to minimize the impact on the parties.
All individuals are encouraged to report concerns about the failure of another individual to abide by any restrictions imposed by supportive measure. The University will take immediate and responsive action to enforce a previously implemented measure.

Range of Measures

Supportive measures will be implemented at the discretion of the University. Potential remedies, which may be applied to the Complainant and/or the Respondent, include:

• Access to on-campus counseling services and assistance with referrals to off-campus care
• Imposition of a no-contact directive
• Rescheduling of exams and assignments (in conjunction with appropriate faculty)
• Providing alternative course completion options (with the agreement of the appropriate faculty)
• Change in class schedule, including the ability to take an “incomplete,” to drop a course without penalty, or to transfer sections (with the agreement of the appropriate faculty)
• Change in work schedule or job assignment
• Change in on-campus housing
• Limiting an individual or organization’s access to certain University facilities or activities pending resolution of the matter
• Voluntary leave of absence
• Providing an escort to ensure safe movement between classes, activities and employment responsibilities
• Providing student health services
• No Contact Directive
• When requested by a complainant or otherwise determined to be appropriate, the university shall issue an interim no-contact directive prohibiting the respondent from contacting the complainant during the pendency of the investigation. The University shall not issue an interim mutual no-contact directive automatically, but instead shall consider the specific circumstances of each case to determine whether a mutual no-contact directive is necessary or justifiable to protect the noncomplaining party’s safety or well-being, or to respond to interference with an investigation. A no-contact directive issued after a decision of responsibility has been made shall be unilateral and only apply against the party found responsible.
• Upon the issuance of a mutual no-contact directive, the university shall provide the parties with a written justification for the directive and an explanation of the terms of the directive. Upon the issuance of any no-contact directive, the university shall provide the parties with an explanation of the terms of the directive, including the circumstances, if any, under which violation could be subject to disciplinary action.
• Providing academic support services, such as tutoring
• Any other remedy that can be tailored to the involved individuals to achieve the goals of this Policy

Emergency Removal

In certain circumstances, a Respondent or Complainant may be removed from an education program or activity.  Such removal will only occur on an emergency basis.  An emergency removal is not equivalent to a determination of responsibility, nor is it a sanction for alleged behavior.  Emergency removal of a student and/or employee Respondent or Complainant before or after the filing of a formal complaint.

Emergency removals will occur only after it has been determined there is an emergency situation.   This determination occurs only after the completion of the following steps:

• Completion of an individualized safety and risk analysis.  This analysis will focus on the specific Party and the specific circumstances arising from the allegations of sexual harassment.
• Determination that the following three components are present:
  • An “immediate threat” justifying emergency removal.  This analysis should focus on the Party’s propensity, opportunity, and/or ability to effectuate a stated or potential threat.  This determination will be fact-specific.
  • The threat is “to the physical health or safety of any student or other individual.”  This may be the Complainant, the Respondent, or any other individual.
  • And the threat “arises from the allegations of sexual harassment.”  The emergency situation must specifically arise from the allegations of sexual harassment.
• Evaluation of the applicability of disability laws to the removal decision.  CGU will fully and appropriately consider applicable disability laws before subjecting a party to emergency removal.
• Consideration of the appropriateness of supportive measures in lieu of an emergency removal.  Emergency removals should only occur when there are genuine and demonstrated emergency situations.
• Providing the party being removed with notice and an immediate opportunity to challenge the emergency removal. CGU will provide the Party with a sufficiently detailed notice, notifying the Party of the identified emergency threat of physical safety or harm.  The Party is not entitled to a full evidentiary hearing to challenge an Emergency Removal. 

Administrative Leave (Employees Only)

CGU may place a non-student, employee Respondent on administrative leave during the pendency of the formal grievance process.   

An employee can be placed on administrative leave only after a formal complaint has been filed
against a Respondent and the grievance process has begun.  Administrative leave is intended for non-emergency situations.  

Complaint Resolution Procedures

Overview

Resolving a complaint against a student, a faculty member, or a staff member will involve the same stages: an initial assessment and if there is reasonable cause to believe that a violation of this Policy has occurred, either informal or formal resolution. Different resolution procedures are used depending on whether the Respondent is a student, a faculty member, or a staff member.

The Role of the Title IX Coordinator

The Title IX Coordinator assists in assessing and resolving reports involving violations of this Policy.
Although there are many reporting channels, all reports must be referred to the Title IX Coordinator to ensure the consistent application of this Policy and to enable the University to promptly eliminate, prevent the recurrence of, and address the effects of Prohibited Conduct.

Initial Assessment

Upon every report of Prohibited Conduct, the University will make an immediate assessment of any risk of harm to individuals or to the campus community and will take steps necessary to address such risks. These steps may include supportive and protective measures to provide for the safety of the individual and the campus community.
After the initial review, if the alleged allegation(s) does not meet the criteria for The Claremont Colleges Title IX Sexual Harassment Policy, and there is reasonable cause to believe that a violation of this Policy has occurred, the matter will be referred for either informal or formal resolution, depending on a variety of factors, such as the nature of the allegation, the Complainant’s wish to pursue disciplinary action and the risk posed to any individual or to the campus community by proceeding formally or informally.

Informal Resolution

Informal resolution is a remedy-based, non-judicial approach designed to eliminate Prohibited Conduct, prevent its recurrence and remedy its effects in a manner that meets the needs of the Complainant and campus community without taking disciplinary action against a Respondent. In determining whether a matter is appropriate for informal resolution, the Title IX Coordinator will consider a range of factors, including the severity of the alleged Prohibited Conduct and the university’s legal obligations.
Where the Title IX Coordinator concludes that informal resolution may be appropriate, the University will take immediate and corrective action through the imposition of individual and community remedies designed to maximize the Complainant’s access to the educational and extracurricular activities at the University and to eliminate a hostile environment. Examples of supportive and protective remedies are provided in this Policy under Supportive Measures (Protective). Other potential remedies include educational programming or training, direct confrontation of the Respondent and/or indirect action by the Title IX Coordinator or the University. Depending on the form of informal resolution used, it may be possible to maintain anonymity.
The University will not compel a Complainant to engage in mediation, to directly confront the Respondent, or to participate in any particular form of informal resolution. The decision to pursue informal resolution will be made when the University has sufficient information about the nature and scope of the conduct, which may occur at any time. Participation in informal resolution is voluntary, and a Complainant or Respondent can request to end informal resolution at any time. The University shall not allow mediation, even on a voluntary basis, to resolve allegations of sexual violence.
The Title IX Coordinator will maintain records of all reports and conduct referred for informal resolution. Informal resolutions will typically be completed within ninety (90) business days of the initial report.

Formal Resolution

Disciplinary action against a Respondent may only be taken through formal resolution procedures. Different resolution procedures apply depending on whether the Respondent is a student, faculty member, or staff member, but all procedures are guided by the same principles of fundamental fairness and respect for all parties, which require notice, an equitable opportunity to be heard and an equitable opportunity to respond to a report under this Policy.

The following formal resolution procedures apply based upon the role of the Respondent:

• Where an allegation is made against a student Respondent, complaints are handled through the processes outlined in Appendix A of this Policy;
• Where the Respondent is a faculty member, or staff member, complaints are handled through the processes outlined in Appendix A of this Policy and;
• Where there are multiple Respondent’s or a Respondent with varying statuses, the Title IX Coordinator, in consultation with appropriate administrators, shall determine which procedure(s) will apply.

Where the Respondent is an employee or student from one of the other Claremont Colleges, The Claremont Colleges Services or affiliates will investigate the matter and take steps to stop the conduct and remedy its effects to the extent reasonably possible. Procedures that may lead to the imposition of discipline against the Respondent will, however, be those of the Respondent’s home institution.
To determine whether a Respondent is responsible for a violation of this Policy, CGU applies a preponderance-of-the-evidence standard, meaning that CGU determines whether it is “more likely than not,” based upon all of the evidence, that the Respondent is responsible for the alleged violation.

Time Frame for Resolution

The University seeks to resolve all reports within ninety (90) business days of the initial report. All time frames expressed in this Policy are meant to be guidelines rather than rigid requirements. Extenuating circumstances may arise which require the extension of time frames, including extension beyond 90 days. Extenuating circumstances may include the complexity and scope of the allegations, the number of witnesses involved, the availability of the parties or witnesses, the effect of a concurrent criminal investigation, any intervening school breaks or vacations, or other unforeseen circumstances.

In general, a Complainant and Respondent can expect that the process will proceed according to the time frames provided in this Policy. In the event that the investigation and resolution exceed such time frames, the University will notify all parties of the reason(s) for the delay and the expected adjustment in time frames. Best efforts will be made to complete the process in a timely manner by balancing principles of thoroughness and fundamental fairness with promptness.

Miscellaneous and Special Provisions 

Application of Policy

This Policy applies to all reports of Prohibited Conduct occurring on or after the effective date of this Policy. Where the date of the reported Prohibited Conduct precedes the effective date of this Policy, the definitions of Prohibited Conduct in existence at the time of the report will be used. The complaint resolution process under this Policy will be used to investigate and resolve all reports made or pending on or after the effective date of this Policy, regardless of when the incident(s) occurred.

Advisor/Support Person

The Complainant and Respondent may be assisted and supported, in any meeting or other aspect of the processes and procedures outlined in this Policy, by an advisor/support person (including legal counsel) of their choice.

Academic Freedom

CGU adheres to principles of academic and expressive freedom. Nothing in this Policy shall be construed to limit the legitimate exercise of academic and expressive freedom, including but not limited to written, graphic, or verbal expression that can reasonably be demonstrated to serve a legitimate educational purpose. Nor shall this Policy be interpreted or applied in a manner that is inconsistent with California Education Code section 94367.

Consensual Relationships

Staff

The University discourages consensual intimate, amorous, or sexual relationships between students and staff and prohibits such relationships whenever a staff member assigned to an instructional, research, administrative, or other University employment responsibility is involved in a relationship with a student whom they supervise or evaluates or over whom they exercise authority.

Faculty

The University discourages consensual intimate, amorous, or sexual relationships between students and faculty. A sexual relationship between a faculty member and a student for whom the faculty member has, or should reasonably expect to have, academic responsibility entails a conflict of interest and, therefore, a breach of professional integrity. Accordingly, such relationships are prohibited even if consensual. Academic responsibility includes responsibility for teaching, advising, evaluating, or supervising a student in any aspect of the university’s academic programs or the academic programs of other institutions of The Claremont Colleges.

For additional information refer to CGU’s Policy on Consensual Relationships with Students.

Modification of Procedures and Processes

CGU retains the authority to adapt or modify the complaint resolution process, for good cause and absent substantial conflict with the procedures and processes contained in this Policy, as part of the responsibility to ensure an equitable and prompt process for all parties. Certain modifications may, for example, be necessary to allow for the fair and prompt resolution of a complaint when it is received at the end of a term or during a break in the university’s academic schedule.

Records and Record Retention

Records of all reports involving a violation of this Policy, and of the outcomes of such reports, shall be maintained by the Title IX Coordinator for the period of time mandated by applicable law and CGU’s Record Retention Policy.
Should a student or employee be found to have violated this Policy, a record of the complaint and of any disciplinary action taken shall be made part of the student’s conduct record or the employee’s personnel file. Such records shall be used in reviewing any further conduct, or developing sanctions, and shall remain a part of a student’s conduct record or an employee’s personnel record.
When a student is permanently separated from CGU through a disciplinary dismissal, this is noted on the student’s academic transcript. The Division of Student Affairs maintains indefinitely the conduct files of students who have been suspended or dismissed for disciplinary reasons. The conduct files of students who have not been disciplinarily suspended or dismissed are maintained by the Division of Student Affairs for no fewer than seven years from the date of the incident.

Policy Dissemination

The Dean of Students and Human Resources Office are responsible for distributing copies of this Policy to members of the CGU community. References to this Policy are included in faculty, staff and student orientation materials. In addition, this Policy is continuously available at appropriate campus locations and on the CGU website.

Policy Sources

California Education Code (Cal. Ed. Code §§ 200, et seq.; 66250, et seq.; 94385); California Fair Employment and Housing Act (Cal. Gov’t Code §§ 12900, et seq.); Title VII of the Civil Rights Act of 1964 (42 U.S.C. §§ 2000e, et seq.); Title IX of the Education Amendments of 1972 (20 U.S.C. §§ 1681, et seq.); Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act (20 U.S.C. §§ 1092(f), et seq.); Violence Against Women Reauthorization Act of 2013 (Pub. Law 113-4), California SB 493.

Appendix A: Procedures for Resolving Complaints

Overview

Claremont Graduate University (“CGU” or “University”) will take prompt and appropriate action to address all reports of Prohibited Conduct (as defined in the CGU Sexual Misconduct and Complaint Resolution Policy (“Policy”)) in violation of the Policy. The Complainant (as defined in this Policy), Respondent (as defined in this Policy), and all other participants in the process will be treated with dignity, care and respect.

Advisor/Support Person

A Complainant, Respondent, or witness may have an advisor/support person of their choice with them at all meetings and any hearing that they attend in connection with the procedures outlined below.

The advisor/support person may be a friend, mentor, family member, attorney, member of The Claremont Colleges community, or any other person, as long as they are not also a witness or otherwise a participant in the complaint resolution proceedings.

An advisor/support person may not make a presentation or represent the Complainant or Respondent during any meeting or proceeding, except as otherwise provided herein. During any meeting or proceeding, the adviser/support person is present to observe and provide support and counsel to the party.

Although reasonable attempts will be made to schedule proceedings consistent with the advisor/support person’s availability, the process will not be delayed to schedule the proceedings at the convenience of the support person. The Title IX Coordinator has the right at all times to determine what constitutes appropriate behavior on the part of an advisor/support person and to take appropriate steps to ensure compliance with the Policy and these procedures.

CGU provides a FERPA release form (if a student is involved) or a Release of Information form for employees that authorizes such sharing and participation.  The parties must complete this form before CGU is able to share records with a Support Person and/or Advisor.  Parties must also complete this form before the commencement of the hearing.  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 and/or Advisors are expected to maintain the privacy of the records shared with them by CGU.  These records may not be shared with third parties, disclosed publicly, or used for purposes not explicitly authorized by CGU.  CGU may seek to restrict the role of any Support Person and/or Advisor who does not respect the sensitive nature of the process or who fails to abide by CGU’s privacy expectations.

Initial Assessment

Upon receipt of a report of Prohibited Conduct committed by a student, the Title IX Coordinator will make an initial assessment of the report, which will include an immediate assessment of any risk of harm to individuals or to the campus community, and will take steps necessary to address any such risks.

During an initial intake meeting with the Complainant, the Coordinator will:

• Assess the immediate physical safety and emotional well-being of the Complainant or any other individual involved, and make medical referrals as appropriate;
• Inform the Complainant of the right to notify (or decline to notify) law enforcement if the conduct is potentially criminal in nature, and the importance of the preservation of evidence;
• Make inquiries to understand the key facts upon which the Complainant bases the report (i.e., the who, what, where and when) to appropriately assess how to proceed;
• Assess the reported conduct to determine whether, under applicable federal law, the campus community should be notified;
• Discuss the range of Supportive Measures (Protective) available to the Complainant (and Respondent), including changes to academic, living, transportation and/or working situations, regardless of whether the Complainant files a formal complaint with CGU or local law enforcement;
• Provide the Complainant with written information about on- and off-campus resources and about the options for resolution, including informal and formal resolution procedures under the Policy;
• Discuss the Complainant’s expressed preference for a manner of resolution and wishes with regard to protecting privacy;
• Explain to the Complainant the university’s policy prohibiting retaliation;
• Notify the Complainant of the right to be accompanied to any meeting by an advisor/support person of choice;
• Determine the respective ages of the Complainant and Respondent, and if one is a minor, make the appropriate notifications under California’s child abuse and neglect reporting requirements; and
• If the conduct is potentially criminal in nature, arrange to enter non-identifying information about the report into the university’s daily crime log.

The Coordinator may also meet with the Respondent and other relevant parties as part of the initial assessment. If the Coordinator meets with the Respondent, the Respondent will be provided with information on the Respondent’s rights and options under the Policy and these procedures, and with written materials about the availability and contact information of on- and off-campus support resources.

• Discuss the range of Supportive Measures (Protective) available to the Complainant (and Respondent), including changes to academic, living, transportation and/or working situations, regardless of whether the Complainant files a formal complaint with CGU or local law enforcement;
• Provide the Respondent with written information about on- and off-campus resources and about the options for resolution, including informal and formal resolution procedures under the Policy;
• Explain to the Respondent the university’s policy prohibiting retaliation;
• Notify the Respondent of the right to be accompanied to any meeting by an advisor/support person of choice;

At the conclusion of the intake process, the Title IX Coordinator, or the Deputy Title IX Coordinator in consultation with the Title IX Coordinator, will make two threshold determinations: (1) whether the Complainant alleges conduct that, if true, could constitute a violation of this Policy, and (2) if so, whether the University should proceed through informal or formal resolution procedures.

If the first threshold is not met, the Complainant will be so advised, and the University will not proceed further. The University will, however, maintain a record of the report which 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 complaint resolution process.

If the Complainant wishes to appeal a determination that the first threshold is not met, the Complainant may do so by submitting a written request for review to the Vice President for Student Affairs within five (5) business days of receiving notification of the determination. Vice President for Student Affairs (or designee) will render a decision in writing within ten (10) business days of receiving the request for review. The decision of the Vice President for Student Affairs (or designee) is final.

Notice to the Respondent

When a decision is made to initiate complaint resolution procedures, to impose supportive measures, or to take any other action that impacts a Respondent, the Title IX Coordinator will ensure that the Respondent is promptly notified in writing and is provided with information concerning the Respondent’s rights and options under the Policy and these procedures, and with written materials about the availability and contact information of on- and off-campus support resources.

The written notice 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, exploitation, 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 the Policy.

The notice will also include a statement that the Respondent is presumed not responsible for the alleged conduct, and that a determination regarding responsibility will be made at the conclusion of the process.

The Complainant will also receive a copy of the notice.

Informal Resolution

If, following the initial assessment, the first threshold is met, the Title IX Coordinator will determine whether informal resolution is an option for dealing with the matter. Informal resolution is a remedy-based, non-judicial approach designed to eliminate Prohibited Conduct, prevent its recurrence and remedy its effects in a manner that meets the needs of the Complainant and campus community without disciplinary action against a Respondent. 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 Conduct and the university’s legal obligations.

Where the Title IX Coordinator concludes that informal resolution may be appropriate, the University will take immediate corrective action through the imposition of individual and community remedies designed to eliminate a hostile environment and maximize the Complainant’s access to educational and extracurricular activities at the University. Examples of supportive and protective remedies are provided under the Supportive Measures (Protective) section. Further potential remedies include targeted or broad-based educational programming or training, direct confrontation of the Respondent, and/or indirect action by the Title IX Coordinator or the University. Depending on the form of informal resolution used, it may be possible to maintain anonymity.

The University will not compel a Complainant to engage in mediation, to directly confront the Respondent, or to participate in any particular form of informal resolution. The decision to pursue informal resolution will be made whenever the University has sufficient information about the nature and scope of the conduct, which may occur at any time. Participation in informal resolution is voluntary, and a Complainant can request to end an Informal resolution at any time.

The Title IX Coordinator will maintain records of all reports and conduct referred for Informal resolution. Informal resolution will typically be completed within ninety (90) business days of the initial report.

Formal Resolution

If, following the initial assessment, the first threshold is met, the Complainant alleging Prohibited Conduct may elect to pursue a formal resolution. Options for formal resolution include a conduct conference resolution or an investigative resolution (which involves an investigation, a hearing, sanctions if applicable, and appeal).

Conduct Conference Resolution

A conduct conference provides an opportunity for the Respondent to accept responsibility for their alleged conduct and proceed to a resolution without a formal investigation or hearing. If the Respondent agrees to a conduct conference, the Title IX Coordinator will meet with the Respondent to review the allegations. The Title IX Coordinator will provide the Respondent with information about the Respondent’s rights, information about options under the Policy and these procedures, and written materials about the availability and contact information of campus resources and services. The Title IX Coordinator will offer the Respondent the opportunity to resolve the complaint through an administrative resolution by accepting responsibility for the alleged conduct. If the Respondent elects to acknowledge that the alleged conduct occurred and takes responsibility for the alleged conduct, the Respondent will sign a written acknowledgement, and the matter will be referred to the Dean of Students (or designee) for a decision concerning sanctions and any other remedial action that may be appropriate. The Complainant and Respondent will be notified of the resolution and any sanctions against the Respondent simultaneously, in writing. Either party may appeal the sanctions imposed, as provided in the Appeals Section below.

If the Respondent contests responsibility for the alleged conduct, the conduct conference process will be concluded, and the matter will be referred for investigative resolution.

Investigative Resolution

As noted above, investigative resolution involves an investigation, a hearing, sanctions if applicable, and appeal.

Investigation

The investigation and adjudication of alleged misconduct is not an adversarial process between the complainant, the respondent and the witness, but rather a process for Claremont Graduate University to comply with their obligations under existing law.  The complainant does not have the burden to prove, nor does the respondent have the burden to disprove, the underlying allegation or allegations of misconduct.

The entities responsible for conducting investigations, finding facts and making disciplinary decisions are neutral.  They shall be trauma-informed and impartial investigation of complaints. Parties shall be given the opportunity to identify witnesses and other evidence to assist the University in determining whether a policy violation has occurred, and shall be informed that any evidence available but not disclosed during the investigation might not be considered at a subsequent hearing.

1. The Title IX Coordinator will either undertake an investigation of the complaint or select an internal or external investigator, or two-person investigative team (which may include two internal investigators, two external investigators, or a combination of one internal and one external investigator), to conduct an investigation. The person who facilitates an informal resolution process, shall receive training on the definition of sexual misconduct, when and under what circumstances this Policy may be invoked, how to conduct an investigation and the formal complaint process including hearings, appeals, and informal resolution processes, as applicable, and how to serve impartially, including by avoiding prejudgment of the facts at issue, conflicts of interest, and bias. Such persons shall also receive such other training as is required by Title IX and the California Education Code §67386. The investigator(s) will make themselves available, if requested, to be questioned.  The parties will have three (3) business days after being notified of the investigator’s identity to object to the investigator’s selection on the basis of perceived conflict of interest, bias, or prejudice. If either of the party’s objects to the investigator selected, the Title IX Coordinator will evaluate whether the objection is substantiated, and if so, the Title IX Coordinator will remove and replace the investigator.
2. The investigator typically will meet separately with the parties and pertinent witnesses; offer the parties equal opportunity to submit and/or identify relevant information or evidence and to suggest questions to be posed to the other party or witnesses; and gather other relevant information or evidence reasonably available to the investigator and University, including documents, photographs, disciplinary history, social media, communications between the parties, medical records (with appropriate consent) and other electronic records as appropriate. Following the interview, each person will be provided with a draft summary of their statement so that they have the opportunity to comment on the summary and ensure its accuracy and completeness.
   The investigator will review all information identified or provided by the parties and any other evidence obtained, and will determine the relevance and probative value of the information developed or received during the investigation. Witnesses must have observed the acts in question or have information relevant to the incident and may not participate solely to speak about an individual’s character.
   The Respondent will be informed in writing if during the investigation, conduct is disclosed which may constitute a further violation of this Policy, and will be afforded an opportunity to respond before the investigation is concluded.
   All evidence obtained as part of the investigation will be shared with the parties for their review and comment as described below.
3. The preliminary investigation report shall include the investigator’s summary of the investigation, the allegations at issue, disputed and undisputed facts, and all evidence (including both inculpatory and exculpatory), and witness statements. The investigator will not state an ultimate finding of whether the Respondent has or has not violated the Policy. The investigator shall submit the preliminary investigation report to the Title IX Coordinator. Once the Title IX Coordinator has agreed that the preliminary investigation is complete, the Title IX Coordinator will make the preliminary investigation report available to the parties simultaneously for review.
4. Within ten (10) calendar days after receiving the preliminary investigation report, both parties may provide written comments on the report, which may include proposing any follow-up questions for the other party or any witness, requesting a follow-up interview with the investigator to clarify or provide any additional information that such party believes is relevant to the investigation, identifying any new witnesses who should be interviewed, identifying any additional evidentiary materials that should be collected and reviewed to the extent that such items are reasonably available, and/or identifying and objecting to any information that such party believes was inappropriately included in the preliminary investigation report. The parties’ comments will be attached to the final report. If the comments suggest that additional interviews or the consideration of additional material evidence is needed, the investigator, in consultation with the Title IX Coordinator, may determine that the investigation process will be extended.
5. After addressing any timely comments and updating the preliminary investigation report as necessary, or after the comment period has elapsed without comment, the Investigator will prepare a final investigation report that will contain all information from the preliminary report, supplemented by any additional information gathered. The final investigation report will not include an ultimate finding of whether the Respondent has or has not violated the Policy; however, if the Respondent admits responsibility for a violation of the Policy, the investigator’s final investigation report will so indicate.
6. The investigator shall submit the final investigation report to the Title IX Coordinator. Once the Title IX Coordinator has agreed that the final investigation report is complete, the Title IX Coordinator will make the final investigation report available simultaneously to the parties. The parties will also be provided with information concerning next steps.
7. Given the sensitive nature of the information provided in the preliminary and final investigation reports, the Title IX Coordinator may elect to provide the parties access to the preliminary and/or final investigation reports in a secure manner (e.g., by providing hard-copy materials in an office designated by the Title IX Coordinator, by providing digital copies of the materials through a protected “read-only” web portal). Neither the Complainant nor the Respondent (nor the advisor/support person of either, including but not limited to family members and/or legal counsel) may copy, remove, photograph, print, image, videotape, record, or in any other manner duplicate or remove the information provided.
8. CGU will strive to complete the investigation (meaning the period from commencement of an investigation through completion of the final investigation report) within ninety (90) calendar days. This time frame may be extended as necessary to ensure the integrity and completeness of the investigation, depending on the availability of witnesses and/or the complexity of the circumstances.
9. At the request of law enforcement, the University may agree to defer its complaint resolution process until after the initial stages of a criminal investigation. The University will, nevertheless, communicate with the parties, consistent with law enforcement’s request and the university’s obligations, about resources and support, procedural options, anticipated timing and the implementation of any necessary supportive measures for the safety and well-being of all affected individuals. The University will promptly resume its complaint resolution process as soon as the University is informed that law enforcement has completed its initial investigation.

Hearing

1. If a hearing is requested or required, the parties will have ten (10) calendar days after receiving the final investigation report to review the final investigation report and provide a response to the Title IX Coordinator. The Title IX Coordinator will ensure that each of the parties receives any response submitted by the other party.
2. The hearing is an opportunity for the parties to address a hearing panel or hearing officer in person and to question the other party and/or witnesses, and for the hearing panel or hearing officer to obtain information following the investigation which is necessary for a determination of whether a violation of the Policy occurred. The hearing is not intended to be a repeat of the investigation. The hearing panel or hearing officer will be well-versed in the facts of the case based upon the final investigation report and the Parties’ responses to the report, if any.
3. The Dean of Students, in consultation with the Title IX coordinator, shall appoint a three-person hearing panel and shall appoint one of the hearing panel’s members to serve as the panel chair. The panel shall be drawn from a pool of faculty and campus administrators who participate in annual training with respect to Title IX and this Policy. The Title IX Coordinator will coordinate the training in conjunction with campus and external partners.
   • The Status of the parties (e.g., if both parties are students, then all three hearing panel members may come from the faculty and or/student Affairs/Service 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.
   • Avoiding any potential conflicts of interest; and
   • The nature of the underlying complaint, including any relevant subject matter concerns (e.g., particular experience in matters related to academic freedom in a classroom harassment complaint).
     
     The Title IX Coordinator will be present throughout the 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 policy, and to address any procedural questions that may arise.
4. The Dean of Students, in consultation with the Title IX Coordinator and appropriate administrators, may elect to engage a qualified external hearing officer either to assist the hearing panel in the conduct of the hearing or to serve as the hearing officer in lieu of a panel. In determining whether to select a hearing officer, the Dean of Students will consider the nature of the allegations, the complexity of the case, whether there is any issue of conflict of interest, the availability of trained panel members, whether the University is in session or on break, and any other relevant factors.
5. The Title IX Coordinator will schedule a hearing date, time and location and provide the Parties with at least ten (10) calendar days’ prior written notice of the hearing. The parties will also be provided with the names of the panel members and/or of any hearing officer. The parties will have three (3) business days after being notified of the identity of the panel and/or hearing officer to object to such person(s) on the basis of actual or perceived conflict of interest, bias, or prejudice. The Title IX Coordinator will evaluate whether the objection is substantiated, and if so, the Dean of Students, in consultation with the Title IX Coordinator, will remove and replace the panel member(s) and/or hearing officer.
6. In advance of the hearing, the Title IX Coordinator will contact the Complainant and Respondent to schedule a separate pre-hearing meeting with each party. At the pre-hearing meeting, each party will receive an explanation of the hearing process and have the opportunity to ask any questions. If the Complainant and/or Respondent have elected to have advisors/support persons throughout the hearing process, the advisor/support person is encouraged to accompany the Complainant/Respondent to the pre-hearing meeting.
7. The hearing panel/officer has broad discretion to determine the hearing format. However, in all instances where a Respondent faces severe disciplinary sanctions (i.e., expulsion or suspension) and the credibility of a witness (whether the Respondent, another witness, or both) is central to the adjudication of the allegation, the hearing panel/officer shall permit cross-examination of the parties and witnesses. Neither party shall be allowed to directly question or cross-examine the other during the hearing nor shall the advisor/support person directly question.
8. At least five (5) calendar days prior to the hearing, both parties shall submit in writing to the hearing panel/officer any questions that a party would like the hearing panel/officer to ask of the other party or of witnesses. The hearing panel/officer will decide whether the submitted questions are relevant to the matter and otherwise appropriate. This does not preclude either party from submitting questions during the hearing for the hearing panel/officer to ask of a party or witness.
   
   In addition, five (5) calendar days prior to the hearing, the parties shall provide, for consideration by the hearing panel/officer, the names of any witnesses the parties suggest be called. Witnesses must have observed the conduct in question or have information relevant to the incident and may not be called solely to speak about an individual’s character. In general, neither party will be permitted to call as a witness anyone who was not interviewed by the investigator as part of the investigation.
   
   The hearing panel/officer shall decide the appropriateness of the potential identified witnesses and shall notify the parties prior to the hearing of the reasoning why any proffered witness would not be appropriate to call as a witness.
   
   The hearing panel/officer shall likewise submit to the parties the names of additional witnesses who the hearing panel/officer would like to appear at the hearing. Although good-faith attempts shall be made by the University to secure the attendance of all requested and approved witnesses, the parties must recognize that the University does not have the power to subpoena witnesses to appear, and that accordingly, the University, through the Title IX Coordinator, will only be able to use good-faith efforts and CGU’s own policies regarding cooperation to obtain the attendance of witnesses.
9. A typical hearing may include brief opening remarks by the hearing panel chair or hearing officer; questions posed by the hearing panel/officer to one or both of the parties; follow-up questions by one party to the other (typically with the Respondent questioning the Complainant first); questions by the hearing panel/officer to any witness including the investigator; and follow-up questions by either party (typically with the Respondent questioning the witness first). The hearing panel/officer also will afford either Party an opportunity to offer closing remarks at the end of the hearing. Offering closing remarks is completely voluntary.
10. The hearing is closed to all persons except the parties, the parties’ respective advisors/support persons, appropriate witnesses while they are testifying, the Title IX Coordinator, and any person designated by CGU to serve as a hearing coordinator and/or note taker. The hearing coordinator will not be the investigator. Advisors/support persons may not participate directly in, or interfere with, the proceedings. A record of the hearing, ordinarily in the form of a digital recording, will be made. Any such recording is University property. No other recording of the hearing is permitted.
11. As reasonable and appropriate, and based on the requests of the parties, the hearing coordinator will structure the hearing format to minimize or avoid any undue stress or burden on each party and to allow each party to hear the other’s statement (such as participation by Zoom, teleconference, or other means).
12. At any time prior to the close of the hearing, the parties may submit an impact or mitigation statement, no longer than 1,500 words, which will be considered by the hearing panel/officer and the Dean of Students (or designee) only upon a finding of responsibility for the alleged Policy violation. An impact statement is a written statement from the Complainant in which the Complainant describes the impact of the alleged Policy violation on the Complainant, expresses the Complainant’s preferences regarding appropriate sanctions, and identifies any aggravating circumstances that the Complainant wishes the hearing panel/officer to consider. A mitigation statement is a written statement from the Respondent in which the Respondent explains any factors that the Respondent believes should mitigate, or otherwise be considered in determining, the sanctions imposed. Impact and mitigation statements should be sent to the Title IX Coordinator, who will forward the submissions to the hearing panel/officer and ensure that each of the parties receives any statement submitted by the other party.
13. Following the close of the hearing, the hearing panel/officer will adjourn to executive session to consider all of the evidence and make a determination, by a preponderance of the evidence (and in the case of a hearing panel, by a majority vote), whether the Respondent has violated the Policy. This means that the hearing panel/officer will decide whether it is “more likely than not,” based upon all of the evidence, that the Respondent is responsible for the alleged Policy violation. If the Respondent is found responsible for a violation of the Policy, the hearing panel/officer will also make a recommendation to the Dean of Students concerning the imposition of sanctions.
14. The hearing panel/officer will issue a written notice of hearing outcome which will contain the hearing panel/officer’s factual findings, determination of whether a Policy violation occurred, rationale in support of the hearing outcome, and recommendations concerning sanctions if there is a finding of responsibility. The hearing panel/officer will strive to deliver the written notice of hearing outcome to the Dean of Students and the Title IX Coordinator within seven (7) calendar days of the hearing. Once the Dean of Students has acted on any sanction recommendation, the parties shall be provided simultaneous written notice of the hearing panel/officer’s decision, the sanctions imposed by the Dean (if there is a Policy violation finding), and the appeal process.

Sanctions

If the Respondent is found responsible for a Policy violation, the hearing panel/officer shall make a recommendation to the Dean of Students (or designee) concerning the imposition of sanctions, who may accept, reject, or modify the recommended sanctions. The recommendation/imposition of sanctions should be guided by the following considerations: the interests of the community, the impact of the violation on the Complainant, documented student conduct history, and any mitigating or aggravating circumstances.

In connection with the recommendation/imposition of sanctions, the hearing panel/officer and/or Dean of Students (or designee) may also consider restorative justice outcomes that, taking into account the safety of the community as a whole, allow a Respondent to learn about the origins of their behavior, their responsibility for the behavior, and how they can change the behavior.

Sanctions may include, but are not limited to, one or more of the following:

• Warning: For minor infractions, the Respondent may be issued a written warning. The warning will be noted and may justify more severe sanctions in the event of any further violation of behavioral standards.
• Conduct Probation: The Respondent may be placed on conduct probation for a designated period of time and required to meet certain requirements during the probation. When a student is on conduct probation, they are subject to suspension or expulsion in the event of further violations of conduct standards. The student’s academic advisor shall be advised of the student’s probationary status.
• Loss of Privileges: The Respondent may be denied specific privilege(s) for a defined period of time. Privileges include, but are not limited to, participating in extracurricular activities and events (e.g., social events, intercollegiate athletics, intramural programs, student organizations, student government); living on campus; living in a specific residence hall; participating in commencement ceremonies; and having a vehicle on campus.
• Restricted Access: The Respondent’s access to campus and/or participation in University-sponsored activities may be limited. Restrictions shall be clearly defined and may include, but are not limited to, exclusion from certain buildings or locations on campus and no-contact orders. In cases involving parties from different Claremont Colleges, restricted access may extend to other campuses.
• Community Service: The Respondent may, as a sanction, be required to perform a specified number of hours of uncompensated service to the University, or to an off-campus non-profit organization, within a specified period of time. The assignment of duties must be preapproved by the Title IX Coordinator in consultation with appropriate University administrators. Students must provide appropriate documentation verifying their completed community service. Failure to complete the service satisfactorily within the specified period of time may result in further action through the student conduct process.
• Educational Program/Project: The Respondent may be required to complete a project, assignment, or activity to promote the Respondent’s education and development. Such assignments are at the discretion of the hearing panel/officer. Assignments may include, but are not limited to, preparing a reflection or research paper; developing a presentation; engaging in a discussion with someone; writing an apology letter; reading specified materials; and completing an online training program dealing with sexual misconduct.
• Referral for Counseling: The Respondent may be required to meet with a health care provider and/or a mental health care provider (including a drug and alcohol counselor) within a specified time frame. In such a case, the student will be expected to participate fully in any relevant assessment requested by the provider and to comply with any consequent recommendation(s), such as a treatment plan or a referral to another provider.
• Removal of Offending Cause: The Respondent may be required to remove the item that was the subject of the complaint.
• Restitution: In cases where the Respondent is found responsible for damaging or misappropriating property, they may be required to reimburse the property owner for all or some of the cost.
• Suspension: The Respondent may be separated from the University for a defined period of time. During a period of suspension, the Respondent is neither permitted on campus nor permitted to participate in any University-sponsored or University-affiliated programs or activities. The terms of the suspension may include special conditions affecting the Respondent’s eligibility for readmission, or to take effect upon readmission, including a term of conduct probation. During the suspension, the Respondent’s transcript will bear the notation “ineligible to re-register” and the date range of the suspension. This notation will be removed upon the completion of the suspension.
• Expulsion: The Respondent may be separated from the University permanently. A student who has been expelled is neither permitted on campus nor permitted to participate in any University-sponsored or University-affiliated programs or activities. The Respondent’s transcript will have the notation “ineligible to re-register.”
• Withholding of Degree: Because a degree signifies not only successful completion of academic requirements, but also compliance with the university’s standards and good standing in the CGU community, the University may, as a sanction for violation of this Policy, withhold a degree entirely or impose further conditions on the conferral of a degree (e.g., require compliance with other sanctions as a prerequisite to the conferral of the degree).

Sanctions Recommended for Employees

• Additional training, including online training(s) conducted by appropriate university officials that address the behavior or misconduct.
• Verbal reprimand or warning, in which case the respondent will be reminded of the policy.
• Written reprimand or warning, in which case a copy will be placed in the employee’s personnel file.
• Performance improvement plan to be prepared by and/or in conjunction with the Director of Human Resources to facilitate constructive discussions about what is expected and appropriate behavior and what can be done to achieve this.
• Reassignment, realignment, or removal of certain responsibilities, including the elimination of advisory or supervisory roles.
• Restricted access from or suspension of certain college privileges, college events, or college property.
• Suspension without pay for a certain period of time and/or ineligibility for an annual pay increase.
• Probation for a period of time during which any further violations may impact or jeopardize the employees’ status in a specific manner.
• Termination from employment or other contracts or non-reappointment.
• A separate process may also be involved for faculty who have tenure

In the event of an appeal, sanctions will normally be held in abeyance pending the outcome of the appeal. If, however, the University determines that there may exist a threat to the safety or welfare of the CGU community, sanctions will take effect immediately.

Appeals

Grounds for Appeal

A party may appeal based on the established investigation, hearing record, and Hearing Decision under one of the following grounds:

1. Procedural Error: There was a procedural error(s) during the investigation or hearing process which materially affected the outcome of the process.  The appealing party must describe in their appeal how the procedural error impacted the outcome.
2. Disproportionate Sanctions: The sanctions are disproportionate to the Adjudicator’s findings.
3. Conflict of Interest: The Title IX Coordinator, Investigator(s), and/or Adjudicator had a conflict of interest or bias for or against any party that affected the outcome of the matter.  The appealing party must describe in their appeal the alleged conflict of interest or bias held by the individual and how this altered or impacted the outcome.
4. New Evidence: There is new evidence which was not available or known (and could not have reasonably been known) at the time of the final Hearing Decision which materially affected the outcome of the process.  The appealing party must describe in their appeal how the new evidence would have altered the outcome of the process and why the new evidence was not available or reasonably known prior to the appeal.

Appeal Authority

1. Appeal Officers will consist of a Vice President (or designee) and an Assistant Vice President (or designee).
2. 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.

Appeal Procedures

1. Appeals must be submitted within five (5) business days of the date on which the person wishing to file an appeal is notified of the hearing panel/officer ‘s decision. The Appeal Authority has ten (10) business days from the filing of the appeal to determine whether the appeal is based on one or more of the grounds for appeal. If the appeal is not based on one or more of the grounds for appeal, the appeal will be denied. If the appeal is not denied, the Title IX Coordinator will share the appeal with the other party, who shall have three (3) business days from the date on which the party is notified of the appeal to submit a response.
2. After the other party submits a response to the appeal or the time for the other party to submit a response lapses without a response, the Title IX Coordinator shall promptly send the appeal, any response, and the underlying appeal record to the Appeal Authority (or designee), who shall consider the appeal and take such action as they deem appropriate. The appeal record will consist of the investigator’s final report and any supporting documents that accompany the report; any responses to the report submitted by the parties; the hearing panel/officer ‘s decision; impact and mitigation statements and any other documents that the Title IX Coordinator deems relevant to the appeal.
3. Appeals will be decided by the Appeal Authority (or designee) in a timely manner. There may, however, be circumstances that necessitate additional time for the Appeal Authority to reach a decision. While an appeal is under review, the Title IX Coordinator will update the parties about the timeline as necessary.
4. The Appeal Authority may determine the following:
   • Uphold the findings and sanctions;
   • Overturn the findings and/or sanctions;
   • Modify the findings and/or sanctions; or, 
   • Remand the case for a second hearing based on new evidence which could likely affect the outcome of the matter.
5. The Title IX Coordinator shall communicate the decision of the Appeal Authority (or designee) to the parties simultaneously. The decision of the Appeal Authority is final.

Miscellaneous and Special Provisions

Time Frame for Resolution

Typically, the complaint resolution process (i.e., assessment, investigation, hearing and appeal) will be completed within approximately ninty0) calendar days following the university’s receipt of a report (i.e., complaint). This time frame may be extended for good cause, which may exist if there is an unavoidable delay due to academic breaks or other legitimate reasons, or if additional time is necessary to ensure the integrity and completeness of the investigation; to account for case complexities, including the number of witnesses and volume of information provided by the parties; or to accommodate the availability of witnesses and other persons integral to the complaint resolution process. In general, the parties can expect to receive periodic updates as to the status of the complaint resolution process.

Consolidated Investigations/Hearings

Where the Title IX Coordinator determines that an allegation of Prohibited Conduct includes more than one Respondent, the Title IX Coordinator may decide to investigate the allegation as a single matter and to institute a single resolution process. Similarly, where the Title IX Coordinator determines that multiple Complainant’s have made allegations against one Respondent, the Title IX Coordinator may decide to investigate the reported events as a single matter and institute a single resolution process. If investigations/hearings involving multiple Complainants and/or multiple Respondents are consolidated, each party will have access to all of the information being considered (subject to FERPA and other applicable privacy laws), including the information provided by all involved Complainant’s, all involved Respondent’s, and all involved witnesses.

Complainants Conduct History

Generally, any prior CGU policy violation(s) by the Respondent are not admissible as information about the present allegation. The Title IX Coordinator may, however, supply information about previous behavior and/or complaints to the investigator or hearing officer/panel if:

1. The Respondent was previously found to be responsible for a similar violation; and
2. The information indicates a pattern of behavior by the Respondent and substantial conformity with the present allegation.

A Respondent’s prior conduct will be taken into consideration by the Dean of Students (or designee) when determining what sanction to impose.

Past Sexual History

The sexual history of a party, if offered by the other party, will not be admissible in an investigation or hearing. The parties’ past sexual interactions with one another also generally will not be admissible in an investigation or hearing unless the investigator or hearing officer determines that such information is highly relevant.

• The investigator or hearing officer shall not consider prior or subsequent sexual history between the complainant and anyone other than the respondent for any reason unless directly relevant to prove that physical injuries alleged to have been inflicted by the respondent were inflicted by another individual.
• The investigator or hearing officer shall not consider the existence of a dating relationship or prior or subsequent consensual sexual relations between the complainant and the respondent unless the evidence is relevant to how the parties communicated consent in prior or subsequent consensual sexual relations.
• Where the investigator or hearing officer allows consideration of evidence about a dating relationship or prior or subsequent consensual sexual relations between the complainant and the respondent pursuant to sub-subclause (ia), the mere fact that the complainant and respondent engaged in other consensual sexual relations with one another is never sufficient, by itself, to establish that the conduct in question was consensual.

Before allowing the consideration of any evidence proffered pursuant to this subdivision, the investigator or hearing officer shall provide a written explanation to the parties as to why consideration of the evidence is consistent with this clause.

If a party believes the past sexual interactions of the parties to be relevant to the investigation and/or hearing, they must submit a written request to the investigator or hearing officer explaining the nature of the information and why the information is relevant to the investigation and/or hearing. The investigator or hearing officer will review the request and render a decision within two (2) business days.

Student Withdrawal and Notations in Academic Records

If a Respondent withdraws from the University while the complaint resolution process is pending, the presumption is that the University will complete the process despite the student’s withdrawal. If the University elects to defer the process while the student is no longer enrolled, the student will be ineligible to re-register at the University until the process is completed. In such a case, the University will record the notation “ineligible to re-register” on the student’s official transcript. The notation “ineligible to re-register” will also appear on the official transcript of a student who is suspended or expelled. When a student has withdrawn during a pending investigation, or has been suspended or expelled due to sexual misconduct, a notation of “ineligible to re-register” will be entered on their transcript.

Records

The Title IX Coordinator will retain records of all reports and complaints against students, whether resolved by means of informal or formal resolution. For reports and complaints against faculty and staff, records will be maintained in the Human Resources Office. For reports or complaints against faculty, records will be maintained by Human Resources.

Affirmative findings of responsibility in matters resolved through formal resolution remain part of a student’s conduct record and an employee’s personnel record. Such records shall be used in reviewing and developing sanctions for any further conduct.

When a student is permanently separated from CGU through a disciplinary dismissal, this is noted on the student’s academic transcript. The conduct files of students who have been suspended or dismissed for disciplinary reasons are maintained by the Division of Student Affairs indefinitely. Conduct files of students who have not been disciplinarily suspended or dismissed are maintained by the Division of Student Affairs for no fewer than seven years from the date of the incident or the period of time mandated by applicable law and CGU’s Record Retention Policy, whichever is longer. Further questions about record retention should be directed to the Division of Student Affairs.

Modification of Procedures and Processes

The University retains the authority to adapt or modify the complaint resolution process, for good cause and absent substantial conflict with the Policy and these procedures, as part of the responsibility to ensure an equitable and prompt process for all parties. Certain modifications may, for example, be necessary to allow for the fair and prompt resolution of a complaint that is received at the end of a term or during an academic break.