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Approved by the Board of Trustees
May 13, 2017
Statement of Non-Discrimination
Pomona College complies with all applicable state and federal civil rights laws prohibiting discrimination in education and the workplace. Specifically, all forms of harassment and discrimination, whether on the basis of sex, gender identity and expression, pregnancy, religion, creed, color, race, national or ethnic origin, ancestry, sexual orientation, medical condition, physical or mental disability, age, marital status, veteran status, family care leave status, genetic characteristics and information or otherwise prohibited by state or federal law, destroy that foundation of respect and violate the sense of community vital to the College’s educational enterprise.
In addition, in accordance with California law, the College does not discriminate against employees on the basis of a lawful change of name, Social Security Number or federal employment authorization document (Labor Code section 1024.6); receipt of Medi-Cal coverage (Govt. Code section 13084); or having a California driver’s license with a “federal limits apply” notation (Govt. Code section 12926(v)), and, in the spirit of these laws, the College extends these protections to students. Similarly, the College also does not discriminate against employees and/or students with “driving privilege cards,” “driver authorization cards,” or other government-issued alternative driver’s licenses. Furthermore, in accordance with California law, the College does not discriminate against students on the basis of immigration status, primary language and citizenship (Civil Code section 51(b)), and, in the spirit of California law, extends these protections to employees. Verification of immigration status, and employment decisions based upon such verification where required by federal law, shall not constitute a violation of this Policy.
This Policy strictly prohibits discrimination against any individual at the College or at College activities occurring away from campus, including but not limited to all individuals regularly or temporarily employed, studying, or with an official capacity at Pomona College (such as Trustees, guest lecturers, volunteers, and contractors). This Policy covers admissions, access, and service in Pomona College programs and activities, as well as hiring, promotion, compensation, benefits, and all other terms and conditions of employment at Pomona College.
The College offers reasonable accommodations to qualified individuals with physical or mental disabilities to the extent the accommodation will allow them to perform the essential functions of the job and will not create an undue hardship. Further information relating to reasonable accommodations is available from the Human Resources office. If an employee believes she/he needs reasonable accommodation because of a disability, they should speak with the Human Resources Office or their supervisor.
Harassment-Free Campus and Workplace
The College strives to provide a campus and work environment where all individuals can visit, study, and/or work together comfortably and productively. Each individual has the right to visit, study and work in a professional atmosphere that promotes equal opportunity and prohibits discriminatory practices, including sexual and other forms of prohibited harassment. Such prohibited harassment is unacceptable and will not be tolerated. This Policy applies to all workers – not only employees but also to contractors, unpaid interns and volunteers. It both protects these students, staff, faculty and visitors and governs their conduct while engaged in College business and interacting with other members of the College.
The College prohibits harassment of any its workers based on an individual’s race, religion, color, sex (including breastfeeding and conditions related to breastfeeding), gender (including gender identity and gender expression), age, national origin, ancestry, marital status, registered domestic partner status, medical condition, sexual orientation, genetic characteristics and information, physical or mental disability, military or veteran status, or any other legally protected characteristic. The workplace is not limited to the College’s facilities, but may also include client and vendor facilities, as well as anywhere a student- or business-related function is taking place.
Prohibited harassment includes, but is not limited to, epithets, slurs, derogatory comments or jokes, intimidation, negative stereotyping, threats, assault or any physical interference with the employee’s normal work or movement. Harassment may also include written or graphic material placed on walls, bulletin boards or elsewhere on the College’s premises or circulated in the workplace that denigrates, shows hostility or aversion towards an individual or group because of the characteristics identified above. Whether or not the person means to give offense or believed his or her comments or conduct were welcome is not significant. Rather, the College’s Policy is violated when other workers, whether recipients or mere observers are, in fact, offended by comments or conduct based on any of the specified protected categories referenced above.
Generally, to count as harassment under this Policy, such conduct must:
- be based upon one or more of the categories mentioned in the Non-Discrimination Policy;
- be offensive to the individual complaining of harassment and offensive to a reasonable person; and
- be so persistent, repetitive, pervasive, or severe that it has the purpose or effect of substantially interfering with an individual’s academic or professional performance or creating an intimidating, abusive or hostile educational, employment or living environment at the College.
Generally, statements and/or conduct legitimately and reasonably related to the College’s mission of education do not constitute harassment.
Harassment may also occur when submission to conduct described above is made either explicitly or implicitly a term or condition of an individual’s employment, education, living environment at the College, or participation in a College activity.
Complaint Procedures
If any member of the College community has questions or concerns about any type of discrimination or harassment, they should to bring them to the attention of their supervisor, Student Affairs or the Human Resources Office. Students and employees can raise concerns and make reports without fear of reprisal. Anyone found to be engaging in any type of unlawful discrimination or harassment will be subject to disciplinary action, up to and including expulsion and/or termination of employment.
It is the responsibility of all faculty, staff and students at the College to ensure compliance with this Policy. Accordingly, students, faculty and staff who believe they are being harassed or discriminated against, have observed harassment of, or discrimination against, another person at the College in violation of this Policy, or believe such conduct has occurred, should immediately report the incident following the complaint reporting procedures described in the College’s Sexual Misconduct, Harassment and Discrimination Policy or the College’s Discrimination and Harassment Investigation and Response Procedures. If students have any questions related to the Sexual Misconduct, Harassment and Discrimination Policy, please contact Title IX Coordinator, Susan McCarthy (susan.mccarthy@pomona.edu; 909-621-8017). If students have any questions related to the Discrimination and Harassment Investigation and Response Procedures, please contact Associate Dean of Campus Life, Ellie Ash-Bala (ellie.ash-bala@pomona.edu; 909-621-8611). If faculty have any questions related to these policies, please contact Associate Dean, Tony Boston (Tony_Boston@pomona.edu; 909-621-8497). If staff have any questions related to these policies, please contact Director of Human Resources, Brenda Rushforth (brenda.rushforth@pomona.edu; 909-607-1686).
If an immediate supervisor is involved in the conduct or, for some other reason, an employee feels uncomfortable making the report to that supervisor, the employee should report directly to the Office of Human Resources. The College encourages prompt reporting of complaints so that it can take appropriate action. Late reporting by itself, however, will not preclude the College from taking remedial action.
Any manager or supervisor who sees or hears about conduct that may constitute harassment under this Policy must immediately contact the Office of Human Resources. The College will not retaliate, nor will it tolerate retaliation, against individuals who complain in good faith about harassment on the campus or in the workplace.
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