2020-2021 Student Handbook 
    
    Oct 22, 2020  
2020-2021 Student Handbook

Pomona College Student Code


Article I: Definition of Terms    Article II: Judicial Authority and Organization  
Article III: Proscribed Conduct   Article IV: Charges  
Article V: Hearings   Article VI: Sanctions  
Article VII: Appeals   Article VIII: Selection of Members and Term of Office  

Pomona College Student Code

Guide to the Pomona College Student Code

Students often want an easier way to find particular information in the Student Code since the Code is lengthy and contains detailed information and procedures. What follows is an effort to direct students to portions of the code that may be of particular interest to them.

Behaviors that violate the Student Code may be found in Article III. Proscribed Conduct. (The Alcohol Policy, the Drug Policy, Residence Hall Regulations, The Academic Honesty Policy, the Fire Equipment Misuse Policy, and the Sexual Assault and Misconduct Policy also contain regulations that students must follow.) Most of these policies are adjudicated through the Pomona College Student Judiciary although violations of the Academic Honesty Policy are heard by both faculty and students.

Students are strongly encouraged to have an advisor when they appear before a judicial panel.

Sanctions that the Judicial Council may impose on individuals or groups are found in Article VI: Sanctions.

The rights of students who are charged with a violation are summarized in Article IV, paragraph 5.

Procedures for a full Judiciary hearing are found in Article V, Section C.

Procedures for a Penalty Board hearing are found in Article V, Section D.

The rights of victims of violation of the Student Code are explained in Article II, Student Affairs, paragraph 2; Article V, Section C, paragraphs 2-5, 8, and 14-15.

Appeals of a Judiciary Council decision are explained in Article VII: Appeals.

Preamble

The Pomona College Student Code is established to provide clear definitions of rules and fair procedures to govern the conduct of students within the Pomona community. These are Pomona College’s procedures and are distinguished from public law enforcement, which is the province of local, state and federal authorities.

The educational goals of the College can only be achieved with genuine community interaction and respect for the rights of others. The Code of Student Conduct serves to protect the rights of the individual and the rights of the community.

Knowledge of the standards of a community is the single most helpful element in creating the community. Pomona College expects that all members will inform themselves of the community standards.

The Student Code is a document, which continues to be created and modified to adequately reflect the changes in community standards. Modifications to the code are made principally through the Student Affairs Committee, which consists of five ASPC Senate members and five faculty members. The committee is open and accessible to students. Students should be aware that this committee is the proper channel through which to make changes to the Student Code.

Upon entering the Community, students are responsible for understanding the information contained within the Pomona College Student Code.

All policies and regulations that do not have their own enforcement mechanism are enforced through the Student Code.

Cases brought pursuant to the Student Code may raise difficult interpretive questions about the scope of the Student Handbook’s provisions as applied to a specific scenario when heard by a judicial body. When the meaning of a provision of the Student Handbook, read alone and applied to a case, is clear, judicial bodies are bound by the text’s publicly-understood meaning. If there is reasonable ground for disagreement about the meaning of the Student Handbook’s text as applied to a case, judicial bodies may look for guidance in the context of the provision, the structure of the Student Handbook, statements of purpose found throughout the Student Handbook and other official College documents, previous judicial bodies’ decisions in adjudicating analogous cases, and community standards held by contemporary students of the College (as represented by members of the judicial body).

Extraordinary Authority of the President

Notwithstanding any other provision in the Student Code or any other College policy to the contrary, the President of Pomona College shall have the authority to act in extraordinary circumstances to attempt to ensure the safety of individuals, the protection of property, and the continuity of the educational process.

In executing this authority, the President is specifically permitted to remove a student from campus, to prohibit a student from being on campus, and to expel, suspend, place a student on leave, or take any other action with respect to the status of a student of the College that the President deems appropriate or necessary in their absolute discretion (“the Action”).

If the President is not able to act in a situation that requires the exercise of extraordinary authority, the authority shall pass first to the Vice President and Dean of the College; and if the Dean of the College is also unable to act then such extraordinary authority shall pass to the Vice President and Dean of Students.

If a student is the subject of an Action, the officer taking the Action shall state at or about the time of the decision, the terms, if any, upon which resumption of normal student status will be permitted.

A student whose status is affected by an Action may ask that the decision be reviewed by the President, the Chair of the Board of Trustees, the Vice President and Dean of the College and the Vice President and Dean of Students, all of whom shall then meet and give their advice as to whether the decision should be affirmed, modified or reversed. In conducting this review, the group shall follow any procedures and consider any evidence that they, in their sole discretion, deem appropriate.

After completion of the review, the President (whether the action was the President’s original decision or that of another officer exercising the authority) may affirm, modify or reverse the original decision, as the President shall determine in their absolute discretion. The Action shall remain in effect while the matter is under review.

Article I: Definition of Terms 

  1. Advisor: means any member of the college community who assists a student in responding to charges or in participating in any Judiciary Council hearing. An advisor may be any student, faculty or staff member at the Colleges or TCCS who is not a witness in the case, a panelist in the case, a Judicial Council chair, or, except when given written permission by the Vice President and Dean of Students, an attorney. Students are strongly encouraged to have an advisor when they appear before a judicial panel. The Dean and the Judiciary Council Chair shall inform respondents of their right to an advisor.
  2. Appellate board: means any person or persons authorized to consider an appeal from a judicial body’s determination that a student has violated the Student Code. Appellate boards at Pomona include the hearing panels of the Appeals Board and, in some cases, the President of the College.
  3. Collection of individuals: for the purpose of all judicial matters shall refer to any number of persons as defined by their collective actions, collective presence, or collective involvement in a violation of the Student Code.
  4. College: means Pomona College.
  5. College official: includes any person employed by Pomona College, performing assigned administrative or professional responsibilities. Including Resident Assistants, Campus Safety officers, administrators at other Claremont Colleges or at the Claremont University Consortium.
  6. College premises: includes all land, buildings, facilities and other property in the possession of or owned, used or controlled by Pomona College and the other Claremont Colleges and TCCS (including adjacent streets and sidewalks).
  7. Complainant: refers to the individual(s) initiating a complaint of a violation of the Student Code. In some cases the College may be the complainant.
  8. Faculty member: means any person hired by the College to conduct classroom activities, or emeriti faculty.
  9. Group: means any number of persons who are identifiable as a collective in the opinion of the College. These may include but are not limited to theme groups, sponsor groups, hallways, sports teams, and nationally recognized organizations.
  10. Guest: is any Pomona student hosted by another Pomona student in their personal room and/or residence hall.
  11. Hazing: The College defines hazing as an act or the creation of a situation that tends to endanger the mental or physical health or safety of a student; an act or the creation of a situation which tends to humiliate or degrade a student; or an act or creation of a situation which destroys or removes public or private property when these are part of initiation, admission into, affiliation with or continued membership in a group or organization. An act or a situation becomes hazing when an organization creates the dangerous, illegal, or humiliating situation and exposes students to it.

(Effective January 1, 2007 the State of California amended the law governing hazing and included it not in the State Education Code but in the State Penal Code. The new law prescribes misdemeanor penalties for people or organizations who haze and felony penalties for hazing that results in death, bodily injury or psychological injury. The law allows the individual who is hazed to bring civil action against any person or organization involved in hazing. Hazing is defined as any method of initiation or pre-initiation into a student organizations or student body. Hazing that results in serious bodily injury, death or serious physical harm is a felony under the law. Hazing that does not result in serious bodily injury, death, or psychological harm is punishable by law with a fine of not less than $100 nor more than $5000, or imprisonment in the county jail for not more than one year, or both.)

  1. Host: is a Pomona College student who, invites, receives, accepts responsibility for, or entertains a guest or visitor on campus. See “visitor” section in the Life on Campus and Residence Halls chapter in this handbook.
  2. Investigating dean: means a faculty member or a college official whose role is to collect the facts of the case in a conscientious, impartial and fair manner. The investigating dean shall interview those with knowledge of the situation, review relevant documents and present an unbiased view of the alleged violation of the Student Code to the Judiciary Council or the Student Affairs Committee. To ensure a complete presentation of the facts, the  investigating dean may request those possessing pertinent information to appear before the hearing panel. Investigating Deans are drawn from the pool of staff and faculty who have completed the investigator training workshop, which is offered annually by the College.
  3. Judicial body: means any person or persons authorized to determine whether a student has violated the Student Code and to impose sanctions. Judicial bodies at Pomona include the hearing panels of the Judiciary Council (including Penalty Boards and Appeals Boards), the Student Affairs Committee, the Vice President and Dean of Students and the Associate Deans of Students and of Campus Life.
  4. Jurist or retired jurist: means any individual who has served as a judge in a court of law and has been selected by the Pomona College President or the President’s designee to preside at a hearing of the Judiciary Council when legal counsel is present.
  5. Legal counsel or attorney: means any individual who has earned a degree from an accredited law school and is properly licensed to practice law.
  6. May: is used in the permissive sense.
  7. Member of the college community: includes any person who is a student, faculty or staff member, college official or any other person employed by Pomona College. It also includes faculty, students and staff at the other Claremont Colleges or at the Claremont University Consortium. A person’s status in a particular situation shall be determined by the Vice President and Dean of Students.
  8. Organization: means any number of persons who have complied with the formal requirements for College registration as a campus organization.
  9. Policy: is defined as the written regulations of the College as found in, but not limited to, the Student Code, the Student Handbook and the College catalogue.
  10. Possession: means to have an item on your person or in an area for which you are responsible such as a residence hall room or an automobile. A student takes possession of a residence hall room by picking up a key, moving into a room, or by failing to notify the Office of Campus Life by the 10th day of the semester that they do not intend to occupy a room drawn by or assigned to the student. Students are responsible for all items in their possession including but not limited to contraband items.
  11. Quorum: the minimum number of members necessary to conduct a hearing.
  12. Respondent: refers to the person(s) or group cited in the complaint who allegedly violated the Student Code.
  13. Shall: is used in the imperative sense.
  14. Statement of alleged policy violation: means a written statement of the provisions of the Student Code alleged to be violated and the factual circumstances surrounding the alleged violation.
  15. Student: includes all persons taking courses at the College both full time and part time or Claremont Colleges’ students who reside in Pomona’s residence halls. Persons not officially enrolled for a particular term but participating in study abroad or domestic exchange or on leave from the College are considered students.
  16. Victim: refers to the individual(s) harmed by the alleged offense.
  17. Visitor: is anyone, other than a parent, who is visiting a Pomona student who is not themselves a Pomona student. See “visitors” section in the Life on Campus and Residence Halls chapter in this handbook.
  18. Vice President and Dean of Students: is designated by the Pomona College President and the Student Affairs Committee of the faculty to be responsible for the administration of the Student Code.
  19. Preliminary Sanction: Any sanction imposed by a member of Student Affairs (including members of the Office of Housing and Residence Life) prior to or without a Judicial Council or Student Affairs Committee process.

Article II: Judicial Authority and Organization

College jurisdiction and discipline extends to conduct which occurs on the Claremont Colleges premises or at an activity sponsored by any of the colleges, and conduct which occurs off campus but constitutes grave misconduct or flagrant disregard for the college community. When a student is charged with a violation of federal, state or local law, and college disciplinary action is also taken, campus proceedings may be carried out prior to, simultaneously with or following civil or criminal proceedings. The College’s proceedings are not bound by determinations made by civil or criminal proceedings.

Pomona College’s disciplinary authority originates in the Board of Trustees and the President of the College. It has been delegated through the faculty to the Student Affairs Committee (SAC) of the faculty. The Student Code derives its authority from the Student Affairs Committee and changes in the Code require the Committee’s approval. The Student Affairs Committee and the President of the College have delegated responsibility for administration of the Student Code to the Vice President and Dean of Students, but the SAC reserves the right to hear cases as described below.

Decisions made by a judicial body shall be considered final. However, an appeal may be made on specified grounds by the respondent.

When an activity occurs off-campus, it is the responsibility of the Vice President and Dean of Students, in
consultation with the Associate Deans who serve as advisors to the Judicial Council, to determine whether
College jurisdiction will be asserted.

The full Judiciary Council shall consist of one student Judiciary Chair, one or two student Associate Judiciary Chair(s), one student Appeals Board Chair and up to forty-five additional student members. The Judiciary Council shall be a standing body which meets at a time and place established by the Chair. Participation in Judiciary Council and Penalty Board and Appeals Board hearings shall rotate among the forty-five members of the Judiciary Council. The Associate Judiciary Council Chair shall chair cases when the Judiciary Council Chair is unavailable or when a high number of cases to be adjudicated exists. When an Associate Chair is not serving as chairperson on a case, they may sit as a regular panel member.

Advisors

Students are strongly encouraged to have an advisor when they appear before a judicial panel. It is the role of the advisor 1) to help the student understand the student judicial process, and 2) to advise and support the student during the hearing process. Advising the student during the hearing involves helping the student to remain calm and confident, reminding the student if a key point has not been stated or received enough emphasis, being attentive to whether the respondent has adequately responded to all questions and concerns raised by or implied in the charges or the hearing.

The advisor speaks to and advises the student but does not address the Dean or Community representative who presents the charges or the student judicial panel that hears the charges or the witnesses. During the hearing phase, the advisor or the respondent may request a recess to confer with the Judiciary Council chair or with each other outside the hearing.

A number of judicial advisors who are faculty and staff are prepared to advise any student who needs assistance with the judicial process. Students may select an advisor from this group or seek the assistance of any other faculty, staff or student member of the College Community (excluding witnesses in the case, panelists in the case, Judicial Council chairs, and, except when given written permission by the Vice President and Dean of Students, attorneys).

At the earliest point of contact between the Investigating Dean and the student under investigation, the Dean shall inform the student of their right to an advisor and that having an advisor is strongly recommended. The Investigating Dean shall further inform the student under investigation that a Judicial Council member is available to act as the student’s advisor
immediately upon request. This request may be made at any point throughout the investigative and judicial process. Should the matter be referred to the Judicial Council, the Judicial Council Chair shall reiterate the points made by the Investigating Dean upon rst contact with the student.

The chair of any hearing panel shall ensure that there are Judicial Council members present at the hearing who are not serving as panelists in the hearing and who are willing and able to act as advisors to the respondent, complainant, or victim should they request such an advisor. The respondent, complainant, and victim, shall have at most one advisor, except as allowed by Article V, Section E, Subsection 1.

The Office of Student Affairs offers judicial advisors training in the provisions of the Student Code, the processes by which the Student Judicial Council reaches decisions, and the penalties that may be imposed.

Methods of addressing a case are:

Judicial Board Hearing

A Judicial Board shall hear cases where the facts of the case or the role and responsibility of the respondent are in dispute. Eight members, plus the non-voting chair, shall constitute the hearing panel to sit for a particular case (any six members plus the chair shall constitute a quorum). A dean from Student Affairs shall sit with the board as an advisor on process and to represent the views of the College, and a staff member from Student Affairs shall be present to record the proceedings.

Penalty Board Hearing

A Penalty Board hearing shall be convened when the respondent agrees to the facts of the case and to responsibility for a violation of the Student Code and signs a charge sheet so indicating. Four members, plus the non-voting Judiciary chair, constitute the hearing panel (and a quorum) for a Penalty Board case. A dean from Student Affairs shall sit with the board as an advisor on process and to represent the views of the College, and a staff member from Student Affairs shall be present to record the proceedings.

Appeals Board Hearing

An Appeals Board hearing shall be convened when the respondent alleges that new evidence has been found or improper judicial procedure occurred in the Judicial Board or Penalty Board hearing. Three members and the non-voting Appeals Board Chair shall constitute the hearing panel (and a quorum) for an Appeal. Appeals Board members shall be selected from those Judiciary Council members who did not participate in the Judicial Board or Penalty Board hearing of the case. A dean from Student Affairs shall sit with the board as an advisor on process and to represent the views of the College, and a staff member from Student Affairs shall also be present.

The Student Affairs Committee

The Student Affairs Committee shall consider any case which the Judiciary Council has refused or over which it is unable to accept jurisdiction or which, after accepting jurisdiction, it declares impossible to adjudicate. Decisions necessary to determine jurisdiction shall be made by the Vice President and Dean of Students.

The Student Affairs Committee consists of ten voting members—four faculty members, the Vice President and Dean of Students and five students. When meeting as a judicial body, the Dean of Students shall sit as a voting member of the hearing panel only if the dean has had no involvement with the case prior to the hearing. If the dean has had prior involvement with the case, a Dean from Student Affairs shall sit with the SAC as a voting member. The Judiciary Council chair shall be present to advise the SAC chair on process while a second dean from Student Affairs shall present the view of the College regarding the alleged offense.

Five members, including at least three students and at least two faculty members, shall constitute a quorum for hearing a discipline case. If fewer than five SAC members (and if fewer than three student members and fewer than two faculty members of the SAC) are available for a hearing, the chair of the SAC shall draw student hearing panel members from the Judicial Council and faculty hearing panel members from the Executive Committee of the Faculty.

The Student Affairs Committee may, at any time, request and receive a report on any judicial action, including a full report on any particular case or a summary of violations and penalties assigned. Such report shall be prepared by the Dean of Students.

Student Affairs

For purposes of this code, Student Affairs consists of the Vice President and Dean of Students, the Associate Deans of Students, Dean of Campus Life, and members of the on-call staff. They investigate reports of Student Code violations, determine responsibility and impose sanctions, as well as prepare statements of alleged policy violations (SAPV) and refer cases to the Judicial Council. The range of sanctions the Deans may impose includes but is not limited to community service, educational sanctions, referral to drug or alcohol counseling or rehabilitation program, warning, probation, monetary fines, payments of damages, or suspension of on-campus privileges (including on-campus housing). The sanctions of suspension or expulsion from the College may not be assessed by the Deans but require action by the Judiciary Council, the Student Affairs Committee or the President.

When a case is handled by the Dean’s Sanction, the respondent, the complainant or the victim may, in writing, petition the chair of the Judiciary Council within five school days of the imposition of a sanction to convene a hearing. If the Judiciary Council chair agrees that the case warrants further consideration, it shall be brought before a Penalty Board or Judicial Board or the Student Affairs Committee for hearing. Student Affairs may, at any time, require that a case be given a hearing by a Judicial Board, Penalty Board or by the Student Affairs Committee.

When a case is referred to the Judiciary Council through a Dean or through a petition by a respondent, Student Affairs may impose preliminary sanctions on the respondent(s), prior to the conclusion of a full investigation and Penalty Board, Judicial Board hearing, or Student Affairs Committee Hearing.

If Student Affairs imposes a preliminary sanction on the respondent, the respondent may submit a petition to have the preliminary sanction reviewed by a Preliminary Sanction Review Board (PSRB). The petition to review the preliminary sanction must be submitted within 15 school days after the respondent has been notified of the preliminary sanction. The PSRB must meet, deliberate, and arrive at a decision within 10 school days after the petition has been received by the Judicial Council Chair. The PSRB is comprised of the two Judicial Council Advisors from the Dean of Students office and one or two Judicial Council Chairs that will not chair the respondent’s Penalty Board or Judicial Board hearing.  If one of the Judicial Council Advisors is not available for participation on the PSRB, a dean with investigatory powers who is not involved with investigating the respondent can serve in the stead of a Judicial Council Advisor on the PSRB.

The PSRB has jurisdiction over the respondent’s petition to lift the preliminary sanction until a final decision and sanction, if necessary, has been assigned by a Penalty Board, Judicial Board, or Student Affairs Committee hearing. A vote of three out of four members of the PSRB is necessary to lift an interim sanction prior to a Penalty Board, Judicial Board, or Student Affairs Committee hearing. If only one chair can sit on the PSRB Panel due to conflicts of interest or extenuating circumstances, a vote of two out of three members is necessary to lift a preliminary sanction. The PSRB also has the ability to alter the preliminary sanction imposed by Student Affairs by the same voting procedure. The judicial body hearing the case–whether a Penalty Board, Judicial Board, or the Student Affairs Committee–can choose to reinstate the preliminary sanction even if a PSRB has voted to lift the preliminary sanction prior to the hearing.

Factors that the PSRB shall consider include, but are not limited to:  

  • Context and factual uncertainty of the alleged Student Code violation
  • Proportionality of the sanction relative to the alleged violation
  • Well-being of the respondent and well-being of the entire college community
  • Case precedent files


The PSRB’s decision shall be presented during the Penalty Board, Judicial Board, or Student Affairs hearing. Panelists shall be advised that the decision of the PRSB does not constitute a finding of responsibility. The PSRB’s decision shall not be used to influence the outcome of panel deliberations. The PSRB simply reviews the relevance and propriety of the sanction in relation to the potential violations in light of the information available immediately after the incident.

Student Affairs may, at any time, require that a case be given a hearing by a Judicial Board, Penalty Board or by the Student Affairs Committee.

Student Affairs shall maintain judicial records including:

  • A public, permanent precedent file, which consists of case abstracts specifying charges, facts, case dispositions and rationales for dispositions. Identification of participants in cases shall be omitted. This precedent file shall be furnished to judicial bodies when they are hearing cases. Current information from the precedent file shall be published each semester as a report to the community on charges, case dispositions, penalties and rationales.
  • A confidential case file that is part of the record of each student found by the judicial bodies to have violated the Student Code. The confidential file is maintained permanently for students whose sanctions include residence hall suspension or change, residence hall expulsion, college suspension or college expulsion. In all other cases the confidential file will be maintained for five years from the date of the offense.

The President of the College

By action of the Board of Trustees, the President of the College is empowered to order interim summary suspension of any student from the College if it is deemed necessary for the well-being of the College community and until such time as the case can be referred to a hearing or the circumstances necessitating such action are remedied. In cases when the respondent has been suspended or expelled from the College by action of the Judiciary Council or the Student Affairs Committee, the respondent may request that the President review the case following review by the appeals board. In addition, the President may, under extraordinary circumstances, review and if necessary, remand or alter the decision of the judicial bodies.

Mediation

A mediation group may be impaneled to serve as an arbiter of disputes within the student community in cases where the complainant wishes to pursue mediation rather than have the case heard before the Judicial Council. All parties must agree to the mediation and be bound by the decision to mediate with no right of appeal to the Judiciary Council.

Article III: Proscribed Conduct

Any student found to have violated the Student Code is subject to the disciplinary sanctions outlined in Article VI. Intoxication or drug use is never an excuse or a mitigating circumstance for conduct which violates the Student Code. The College’s proceedings are not bound by determinations made by civil or criminal proceedings.

Pomona students are bound by the Student Code even when they are at the off-campus residences of members of the Claremont Colleges community and anytime they engage in conduct which constitutes grave misconduct or flagrant disregard for the college community.

Violations of the Student Code include:

  1. Forgery, alteration or misuse of any college document, form, record, time sheet or instrument of identification.
  2. Physical abuse, battery, assault, coercion or other conduct which endangers the health, well being or safety of any member of the campus community, visitor, or parent to the campus.
  3. Speech Code: The Pomona College student body believes that free speech is critical to Pomona’s mission as an educational institution, and therefore, the norm is that speech and other forms of expression are protected. However, in the following cases, speech and other forms of expression are unprotected and a violation of the Student Code:
    • Speech that constitutes harassment, as defined by the College’s Non-Discrimination Policy.
    • Speech that constitutes fighting words. To constitute fighting words, the speech must meet all of the following three criteria. First, the speech must be addressed at a specific individual or particular group of individuals. Second, the speech must be abusive rather than a communication of ideas. Third, when considered objectively, the speech must be likely to provoke a violent reaction.
    • Speech that incites imminent lawless action. To constitute incitement of imminent lawless action, the speech must meet all of the following three criteria. First, the speech must ad­vocate for, or attempt to cause, lawless action in the near future. Lawless action includes, but is not limited to, violence or the destruction of property. Second, when considered objectively, the speech, in context, must be likely to produce such lawless action. Third, the speaker must intend to cause such lawless action.
    • Speech that constitutes a true threat. To constitute a true threat, the speech must communicate a serious intent to harm a specific person or a particular group of persons. While the speaker does not necessarily have to intend to carry out the threat, the threat must be serious enough to cause an individual to fear for their physical safety in order to qualify as a true threat.

      If a Dean of the College believes the speech meets any of the requirements of the subpoints as stated above, then they may request to have a conversation with any of the involved parties to further understand the details of the event. It is not a violation of the Student Code to refuse to meet with a Dean if a Dean requests to meet in regards to potential speech code violations. If, during these conversations, the Dean determines that the speech does violate all of the requirements of one or more of the subpoints as stated above, the College may choose to pursue judicial action.

      In addition, the College may reasonably regulate the time, place and manner of expression to ensure that it does not disrupt the ordinary activities of the College.
  4.  Attempted or actual theft or wrongful appropriation of or damage to property of the colleges or property of a member of the college community. Possession of stolen property on the colleges’ premises or at a college sponsored activity is prohibited.
  5. Hazing.
  6. Failure to comply with directions of college officials (including RA’s), officials of the other Claremont Colleges, the Claremont University Consortium, Campus Safety officers, or law enforcement officers acting in performance of their duties or failure to identify oneself to these persons when requested to do so. Furnishing false information to any of these officials (including RA’s) or law enforcement persons is also prohibited.
  7. Unauthorized possession, duplication or use of keys to any college premise or unauthorized entry to college premises. Unauthorized use of college property, equipment or facilities, or the property, equipment or facilities of the College contract services or those of other Claremont Colleges or the Claremont University Consortium.
  8. Violation of any published College policies, rules or regulations including, but not limited to the College’s alcohol and drug policies, residence hall regulations, and sexual assault and misconduct policies that do not prescribe their own procedures for addressing violations.
  9. Violation of federal, state or local law on College premises or at College sponsored or supervised activities.
  10. Use, possession, sale or distribution of narcotics, marijuana, unauthorized prescription drugs, designer drugs or other controlled substances or drug paraphernalia.
  11. Use, possession, sale or distribution of alcoholic beverages except as permitted by the law and by College regulations.
  12. Possession of firearms, including BB guns and air rifles, ammunition, explosives, or bladed weapons, including those used for ceremonial or decorative purposes, other weapons or dangerous chemicals; unauthorized use or possession of fireworks on college premises or at college sponsored or supervised activities.
  13. Conduct which interferes with or prevents the normal operations of Pomona College, the Claremont Colleges or the Claremont University Consortium or improperly infringes on the rights of other members of the college community.
  14. Theft or other abuse of the college’s computer time, including but not limited to:
    • Unauthorized entry into a file, or to use, read or alter the contents, or for any other purpose.
    • Unauthorized transfer of a file.
    • Unauthorized use of another individual’s identification or password.
    • Adopting an identity other than your own.
    • Use of computing facilities to interfere with the work of another student, faculty member or college official.
    • Use of the colleges’ computing facilities to send obscene, threatening or abusive messages.
    • Use of computing facilities to interfere with normal operation of the colleges’ computing systems.
  15. Abuse of the judicial system, including but not limited to:
    • Failure to obey the summons of a judicial body or college official.
    • Falsification, distortion or misrepresentation of information before a judicial body.
    • Disruption, non-cooperation or interference with the orderly conduct of a judicial proceeding.
    • Attempting to influence the impartiality of a member of a judicial body prior to and/or during the course of the judicial proceeding.
    • Harassment, abuse, and/or intimidation of a member of a judicial body prior to, during and/or after a judicial proceeding.
    • Failure to comply with the sanction(s) imposed under the Student Code.
    • Influencing or attempting to influence another person to commit an abuse of the judicial system.
    • Reporting, divulging or using the statement of a victim, complainant, respondent or witness outside of a Pomona College judicial hearing. All statements, written or oral, of respondents, victims, complainants or witnesses made in or prepared for Pomona College judicial hearings are strictly confidential.
  16. Stalking or threatening another person.
  17. Observing another person without their consent while they are in the bath or shower or engaged in acts of a distinctly private nature; peeking in the door or window of a residence hall or residence hall room without invitation or legitimate business with the occupant.
  18. Other conduct or actions in which the College can demonstrate a clear and distinct interest which threatens the:
    • educational process.
    • health, safety or well-being of any member of the college community.
    • integrity of the college’s physical facilities.
  19. Actions of guests and/or visitors who violate the Student Code. Students are held accountable for the conduct of guests and/or visitors. Overnight visitors must be registered with the Office of Campus Life. Guest passes for on-campus activities may be obtained at Housing & Residence Life and at the Smith Campus Center.
  20. Prohibited actions on behalf of an organization which has had its charter suspended or revoked.
  21. Irresponsible or negligent conduct that results in theft, damage, or threat to a member of the Pomona College community’s property or safety. Students are expected to take appropriate care with shared spaces by, for example, making an effort to close and lock entrances to residence hall rooms.

Article IV: Charges

  1. Student Affairs must decide to initiate a charge before any case comes before the Judicial Council of the Student Affairs Committee. Student Affairs shall formulate the charge, which shall be a written statement giving the relevant regulation or policy that has been allegedly violated and the specific behavior or sequence of behaviors alleged to have violated that regulation or policy. An individual may be charged both as a member of an organization (or group), and as an individual (or member of a collection of individuals) for alleged code violations stemming from the same event (see Article I: Definition of Terms). Each individual charged shall receive a separate charge sheet. If there are multiple respondents to the same incident, the Judicial Council Chair shall review the statements of alleged policy violation and any other pertinent information, and shall determine whether the respondents shall appear before the same hearing panel.
  2. All charges shall be brought within six school months of an investigating dean being formally assigned to the occurrence of the alleged violation. After that time, the judiciary bodies shall not consider a violation of the Student Code, unless there are exigent circumstances specified by the Dean of Students or their delegate. (For some offenses the state statute of limitations may be longer than one year and students may pursue claims in criminal or civil courts.)
  3. A member of the college community may press a charge against any student for misconduct. Charges shall be discussed with a dean from Student Affairs.
  4. An Investigating Dean shall conduct an investigation to determine if the alleged violation(s) has merit and refers to regulations of which the judicial bodies have jurisdiction. The investigatory process may require the Investigating Dean to meet with witnesses and/or potential respondents to gather information regarding the alleged policy violation. All members of the student community who meet with an Investigating Dean during an investigatory meeting must be clearly informed as to the purpose of the meeting prior to the meeting itself, and cite this section of the Code as the reason behind the meeting. At this initial meeting, the Investigating Dean is not required to present a Statement of Alleged Policy Violation (SAPV). If the conduct complained of appears to violate the Student Code, the Investigating Dean shall deliver a written SAPV to the respondent(s) alleged to have violated the Student Code. The details of this meeting are outlined in Article IV, Section 5. When the Investigating Dean deals with the violation administratively, a written SAPV is also required.
  5. The respondent shall be invited to the Investigating Dean’s office to review the SAPV. In this interview the respondent has the following rights and the Investigating Dean shall inform the respondent of these rights during the interview. The respondent’s rights include:
    • The option of having another member of the Pomona College community present as an advisor when conferring with the dean. (The respondent shall be informed prior to the initial meeting.)
    • Being informed that the respondent’s rights are outlined in the Pomona College Student Code. (The respondent shall be informed prior to the initial meeting.)
    • Being informed that the respondent is not obliged to accept responsibility for the charge but can instead ask for a full judicial board hearing. (The respondent shall be informed during the initial meeting.)
    • Being provided with a copy of the Pomona College Student Code. (The respondent shall be provided with a copy during the initial meeting.)
    • Being informed that having an advisor in the hearing is strongly encouraged. If the student does not have an advisor or know who to ask, the dean can provide a list of advisors. (The respondent shall be informed during the initial meeting.)
  6. A written statement of alleged policy violation shall be presented to the respondent by Student Affairs as soon as possible, normally within 30 school days of the report of the alleged violation. When presented with the SAPV, the respondent has two options: The respondent may sign the SAPV sheet, agreeing to having violated the Student Code and agreeing to the description of the incident(s) in question; or the respondent may sign the SAPV, not agreeing to having violated the Student Code or the description of the incident(s) in question. If the respondent chooses the former, a penalty board hearing shall be held. If the respondent chooses the latter, a judicial board hearing shall be held. If the respondent cannot be contacted, fails to respond to the dean within 5 school days, or is unwilling to meet with the dean to review the charges, the SAPV shall be delivered to the respondent’s residence hall room and the College may charge the respondent with a violation of Article III, Section 16 (abuse of the judicial system - failure to obey the summons of a judicial body or college official) in addition to the respondent’s pre-existing charges. If the respondent is unwilling to meet with the dean, or declines to sign the SAPV, the dean shall assume that the respondent does not agree with the charges and a full judicial hearing shall be held.
  7. The Investigating Dean may meet separately with the complainant(s) and the alleged victim(s) to notify each of them of their rights and to provide each with a copy of the Student Code.
  8. After meeting with the respondent to review the charges, the Investigating Dean shall provide a copy of the SAPV to the chair of the Judicial Council or the chair of the Student Affairs Committee.
  9. The Judicial Chair shall inform the respondent that they are strongly encouraged to have an advisor when appearing before a judicial panel.
  10. When the SAPV is received from the Office of Student Affairs, the chair of the Judicial Council (or the chair of the Student Affairs Committee) shall fix the time and place of the hearing.
  11. If the respondent asks for a full judicial hearing, the chair shall communicate to the respondent, at least 72 hours in advance of the hearing, the date and time of the hearing. The respondent or witnesses may prepare a written statement giving their version of the facts of the alleged violation.\
  12. The Investigating Dean shall deliver all available evidentiary submissions for a full judicial hearing to the Chair of the hearing panel within 72 hours in accordance with Article V, Section C, Subsection 16 of the Student Code .\
  13. The Office of Student Affairs may recommend a sanction, provide information on the resolution of similar cases in the past, provide background information on a respondent’s past misconduct or offer information relating to the effect of the respondent’s actions on the community. These items may be addressed in a confidential memorandum to the Chair. This memorandum shall be made available to the hearing panel only if the respondent is found to have violated the Student Code.

Article V: Hearings

A. Convening Judicial Board Hearings

  1. A hearing panel shall be convened as soon as possible, normally within 60 school days of a Statement of Alleged Policy Violation being provided to a respondent.
  2. A judicial board hearing shall be conducted when the circumstances of the case or responsibility for violation of the Student Code is in dispute and when the Judiciary Council has jurisdiction over the case.
  3. The chairs of the Judiciary Council shall convene the hearing, select members of the panels (and shall rotate service among all the members of the Judiciary Council) and, except as noted in #8 below, shall conduct the hearing. If both the chair and the associate chair are unable to serve, a hearing panel shall be selected and convened by a dean from Student Affairs. The Dean, in addition to the panel, shall select a member of the Judiciary Council to chair the hearing.
  4. The panel for a given case shall include eight students in addition to the non-voting chair. A hearing panel quorum is six. Alternate panel members may also be selected. 
  5. A dean from Student Affairs shall sit on the panel as a non-voting, ex-officio member during the presentation of witnesses and other materials. The dean is present to advise on process and may ask questions of respondent(s) and witnesses to ensure that all pertinent information is considered. The dean may remain after the point at which discussion begins on whether the respondent has violated the Student Code and/or sanctions are applied, if requested to do so by the Judiciary Chair or a majority of the hearing panel. A staff member from Student Affairs remains for the entire proceeding.
  6. In exceptional cases where criminal charges are pending or threatened or other extraordinary circumstances exist, the respondent may make a written request to the Vice President and Dean of Students to have an attorney present, at the respondent’s expense. The Vice President and Dean of Students may accept or deny this petition after discussion with the judiciary chair or the chair of the Student Affairs Committee. An attorney, if allowed, acts only as an advisor. An attorney may not act as a spokesperson and may speak only to the respondent. If the respondent has an attorney present, the Vice President and Dean of Students may allow the complainant and/or the College to be represented in the same limited manner.
  7. The presiding officer of the hearing panel in cases where attorneys are present shall be a jurist or a retired jurist selected by the President of the College or by the President’s designee. In such cases the chair of the Judiciary Council shall sit as a hearing panel member unless disqualifying circumstances prevent their participation.
  8. The vote of five out of eight members (or four of six or seven members) of the panel is required to find a respondent responsible for a violation of the Student Code or to impose a sanction.

B. Convening Student Affairs Committee Judicial Hearings

Hearings conducted by SAC shall follow the same procedures as followed by the Judiciary Council, and as specified in section C of this article. However, anything in this section (Section B) that contradicts or otherwise modifies the procedure specified in Section C shall be considered superior.

  1. The Student Affairs Committee considers cases over which the Judiciary Council has refused or is unable to accept jurisdiction or finds impossible to adjudicate.
  2. The chair of the Student Affairs Committee shall convene the hearing, notify the committee members of the time and place of the meeting and conduct the hearing (except as noted in #7 below). If the chair is unable to serve, they shall designate a Student Affairs Committee member to serve as the hearing panel chair.
  3. The Student Affairs Committee chair is a non-voting member of the panel except in cases where the vote of the chair is required to break a tie.
  4. The respondent(s) may challenge up to two members of the SAC, excluding the Chair, when the SAC sits as a Judicial Board and one member when the SAC sits as a Penalty Board. These challenges shall be made by the respondent at least 48 hours prior to the scheduled hearing. The chair may excuse any member of the SAC if they feel that the member is unable to hear the case in an impartial manner.
  5. When the Vice President and Dean of Students is unable to serve because of prior involvement in the case or for any other reason, another Dean from Student Affairs shall sit on the panel as a voting member. A staff member from Student Affairs remains for the entire proceeding. The Judiciary Council chair shall sit as a non-voting ex-officio member when the SAC convenes as a Judicial body.
  6. In exceptional cases where criminal charges are pending or other extraordinary circumstances exist, the respondent may make a written request to the Vice President and Dean of Students to have an attorney present, at the respondent’s expense. The Vice President and Dean of Students may accept or deny this petition after discussion with the judicial chair and the chair of the Student Affairs Committee. An attorney, if allowed, acts only as an advisor. An attorney may not act as a spokesperson and may speak only to the respondent. If the respondent has an attorney present, the Vice President and Dean of Students may allow the complainant and/or the College to be represented in the same limited manner.
  7. The presiding officer of the SAC, in cases where attorneys are present, shall be a jurist or a retired jurist selected by the President of the College or by the President’s designee. In such cases the chair of the SAC shall sit as a hearing panel member unless disqualifying circumstances (i.e., circumstances which would prevent the rendering of an impartial judgment) prevent participation.
  8. The Student Affairs Committee, by a majority of those present and voting, may find that a student has violated the Student Code and may impose a sanction.
  9. If fewer than five members of the SAC (and fewer than three student members of the SAC and fewer than two faculty members of the SAC—a quorum) are available for a hearing, the chair of the SAC shall draw student hearing panel members from the Judicial Council and faculty hearing panel members from the Executive Committee of the Faculty.

C. Hearing procedures for Judicial Board and Student Affairs Committee

  1. The chair presides at hearings (unless an attorney will participate in the hearing, in which case a jurist or a retired jurist presides). The presiding officer shall conduct the hearing to ensure the fair presentation of all evidence and witnesses. They shall:
    • Describe the procedures under which the hearing will be conducted.
    • Read the SAPV and remind the respondent of their rights.
    • Indicate the order in which evidence and testimony will be presented.
    • Discuss the standard of judgment to be applied to the case ensuring that all panel members understand the College’s standard of clear and convincing evidence and the presumption of innocence.  Indicate that all decisions must be based on information presented at the hearing.
  2. To safeguard the privacy of respondents, complainants and victims, the members of the hearing panel shall at no time discuss cases outside of the hearing. If any member discusses a case prior to or following the hearing, that member shall immediately be disqualified from the case and dismissed from all further judicial responsibilities. Likewise, statements of complainants, victims, respondents and witnesses, whether written or oral, are confidential and may not be used or quoted for any purpose outside of the hearing.
  3. The complainant, the respondent and the victim have the right to have an advisor present at the hearing. The advisor must be a member of the College community, but must not be a witness in the case, a panelist in the case, a Judicial Council chair, or, except when given written permission by the Vice President and Dean of Students, an attorney.
  4. Hearings shall be conducted in private. Persons who are appropriately present at all hearings on facts are: the respondent, the complainant, the victim, the chair, the hearing panel members, the Investigating Dean, the advisors to the chair, the respondent, the complainant and the victim, a Dean from Student Affairs and a staff member from the Student Affairs.
  5. The Chair may authorize the attendance of persons who are not normally authorized to attend the hearing or order the hearing room cleared or order any person to leave. A majority vote of panel members present may overrule the decision of the chair.
  6. A single recording shall be made of all hearings during the time that witnesses and other pertinent information are being presented. Deliberations about whether or not the Student Code has been violated or about sanctions shall not be recorded. The recording will be kept in the Dean of Students Office. If the case is appealed to the Appeals Board, the respondent, the complainant, the victim, their advisors, the Investigating Dean, the Judiciary Chair, the chair of the Student Affairs Committee, Deans from Student Affairs, the Appeals Board Chair and the Appeals Board panel members may listen to the recording. Only the named individuals have the privilege of hearing a recording of a Pomona College Judiciary hearing. The recording is the property of Pomona College. Students authorized to hear the recording must do so in the Dean of Students Office or in an area arranged by the Dean of Students Office. Students may not copy the recording or receive copies of it. The recording will be kept for one calendar year following the end of an appeal.
  7. A respondent may challenge up to two members of the hearing panel if the respondent believes that member(s) cannot provide impartial consideration of the case. The Judiciary Council Chair may give permission to the respondent to question panel members prior to deciding whether to excuse a member. The individual(s) who is challenged may be replaced on the hearing panel by another member drawn from the Judiciary Council. Four alternates may be available for this purpose at hearings. Respondents shall not have the right to ask that the hearing chair be excused from the panel.
  8. The chair of the hearing shall ask the respondent, the complainant, and the victim if any would like to have a Judicial Council member to be their advisor for the hearing. The Judicial Council member(s) who is(are) to act as (an) advisor(s) may replace the respondent’s, complainant’s, or victim’s advisor only at the request of the respondent, complainant, or victim, respectively. Each respondent, complainant, and victim shall have no more than one advisor, except as allowed by Article V, Section E, Subsection 1.
  9. All parties to an incident (or to incidents that represent a continuation of a Student Code violation that occurred previously) will have their cases heard together in one Judicial or Penalty board hearing so that all facts relevant to the role of each respondent may be considered. When a violation involves an identifiable unit such as a sponsor group or some portion of a residence hall and/or behavior such as vandalism within a hall, noise, or other behavior disruptive to campus life, an Investigating Dean may charge a group of students and the Judiciary hearing panel shall hear their cases together.
  10. When the respondent in a hearing is an organization, the organization may be represented by no more than four organization members.
  11. If the respondent has been appropriately notified and fails to appear at the time and place set for the hearing, the Chair may elect to conduct a hearing in the respondent’s absence or to arrange a new hearing. If they fail to appear a second time, they may be charged with failure to obey the summons of the Judiciary Council and the scheduled hearing shall be conducted without the presence of the respondent.
  12. As the hearing begins, the Investigating Dean shall be recognized to present the facts related to the alleged violation of the Student Code. This presentation shall impartially state the facts of the case as they have been determined by the Investigating Dean. The Investigating Dean shall recognize those with information to contribute and shall present other information discovered in the course of examining the case.
  13. On the conclusion of the presentation by the Investigating Dean, the respondent may speak on their behalf and request that additional information be presented or additional witnesses called.
  14. The complainant, the respondent, the victim, the Investigating Dean, the Dean from the Student Affairs and the chair shall all have the privilege of presenting witnesses. The chair, panel members, the respondent, the victim, the Investigating Dean and the Dean from Student Affairs shall have the right to question all witnesses.
  15. The victim and/or a Dean from Student Affairs may provide statements about the impact of the respondent’s actions on the victim or the college community. \
  16. Pertinent records, exhibits and written statements may be accepted as evidence for consideration by the hearing panel as authorized by the Chair in accordance with #17 and #18 below . Evidentiary submissions to the hearing shall be electronically delivered to the Chair of the hearing at least seventy-two (72) hours in advance of the hearing. If evidence is submitted after the 72-hour deadline, it is the Chair’s discretion as to whether to allow the evidence to be submitted, dependent on the reason given for the delay in submission. The Chair must inform the board of any evidence that was submitted after the 72-hour deadline prior to the case being discussed. Upon finding that the submissions to the hearing meet the requirements of #17 and #18 below, the Chair shall send electronic copies of the submissions at least forty-eight (48) hours in advance of the hearing to the Investigating Dean, Representative of the College, Advisors of the Judicial Council, all respondents in the case, and all complainants in the case unless the Chair believes that concerns forconfidentiality are sufficient to justify limiting the availability of the evidence. In this case, the Chair shall notify the respondent and complainant(s), at least forty-eight (48) hours prior to the hearing, that there are written documents which will be introduced in the hearing but not in advance due to confidentiality concerns. The Chair shall create a system for labeling the evidentiary submissions and ensure that sufficient copies of the evidence are available at the hearing such that all of the respondents, relevant witnesses, the Investigating Dean, the Representative of the College, and the panelists have easy access to the evidence. All evidentiary submissions (except for the SAPV) from any party to the hearing shall follow these provisions, and the Chair of the hearing shall explain these requirements when contacting respondents to schedule a hearing.
  17. Evidence obtained by any College Official should be obtined in accordance with College policy. Evidence obtained by a College Official in a manner that is not in accordance with College policy must be excluded by the Chair, at their discretion and in consultation with the Advising Dean to the Judicial Council.
  18. The Chair shall exclude evidence that does not meet college standards. Evidence shall be limited to:
    • Facts pertinent to the charge.
    • Circumstances or attitudes that might affect the severity of any sanction imposed.
    • Arguments addressing the applicability of the regulation on which the charge is based to the facts of the case.
  19. The Chair and Associate Chair of the Judiciary Council shall have the power to summon the presence of administration, staff, faculty, and students of Pomona College. The Chair shall use this power to bring witnesses required by the respondent, the complainant, the victim or the Investigating Dean. If a student does not appear when given a summons to appear, the Judiciary Council may impose sanctions.
  20. A simple majority of the panel may overrule the decisions of the Chair regarding procedures not mandatory in the Student Code.
  21. The complainant and the victim shall be given the opportunity to respond to the presentations of both the Investigating Dean and the respondent.
  22. The respondent shall be given the opportunity to make the closing statement or presentation.
  23. The hearing panel may recess at any time upon decision of the Chair to provide for gathering additional information or simply to provide a break in the hearing or the deliberation.
  24. All information upon which the decision may be based shall be introduced into evidence in the presence of the respondent at the hearing. The decision as to whether or not the Student Code has been violated shall be based solely upon such information. The respondent is entitled to a presumption of innocence and evidence supporting a violation must be clear and convincing. 
  25. After the hearing has been concluded, the panel shall go into closed session to determine whether the respondent has violated the Student Code and, if the respondent is found to have violated the Code, what sanctions should be imposed. This phase of the hearing shall not be recorded.
  26. Present for the decision of whether or not the respondent(s) has violated the Student Code and, if required, discussion of an appropriate sanction are the Chair, all panel members and the staff member from Student Affairs. A Dean from Student Affairs may remain as an advisor to the chair on process if requested to do so by the Judiciary Chair or a majority of the hearing panel.
  27. If the panel requires more information, clarification of facts or additional time, the Chair shall recess and later reconvene the hearing. The respondent, the respondent’s advisor, the complainant, the victim and their advisors, the Investigating Dean, the Dean from Student Affairs and the Student Affairs staff member may be present when the hearing is reconvened if information is presented or clarified.
  28. The hearing panel shall first consider the question of whether the respondent has violated the Student Code. The panel may find that the respondent has committed a violation if the information presented in the hearing provides clear and convincing evidence of such violation. 
  29. A respondent’s previous conduct record shall not be made available to the panel until after the decision concerning whether or not the respondent violated the Student Code has been reached. It shall play no role in determining whether or not a violation has occurred.
  30. If a respondent is found to have violated the Student Handbook, this panel shall then consider sanctions. Participants are the same as those involved in determining whether a violation of the Student Handbook has occurred. However, if the panel finds unanimously that the Investigating Dean, another Student Affairs representative, or the Chair of the hearing violated the procedure for administering charges or hearing outlined in Articles IV and V respectively, and also that these procedural violations had a material impact on the outcome of the hearing, then the panel shall include a statement of this violation of administrative procedure in its decision. In this situation the panel may, based on the extent to which the respondent was denied consideration of their position during the hearing due to the procedural violation, choose to limit sanctions or find the respondent not responsible. If the respondent is found not to be responsible, the charges against the respondent may not be resubmitted in this situation.
  31. The respondent’s previous conduct record shall be considered in assessing a sanction. That record will be provided to the hearing panel by the Dean from Student Affairs.
  32. In assigning sanctions, the hearing panel shall consider the kind of violation, the attitude of the respondent, the respondent’s previous conduct record, and the circumstances under which the offense was committed
  33. When a sanction requires a period of time for completion, the deadline for completion shall be specified. The respondent must report to a member of the Office of Campus Life when they have completed the sanction. The case is not complete/closed until the sanction has been completed.
  34. If the respondent does not complete their sanction by the stated deadline, the Office of Campus Life shall report this fact to the Judiciary Council chairs or the Student Affairs Committee chair who may assign a new and more severe sanction.
  35. The Chair shall inform the respondent and the Dean of Students Office of the results of the hearing. The Chair shall file a written opinion which explains the reasons for the decision with the Dean of Students Office. The Dean of Students Office shall issue an official letter of notification to the respondent. When a hearing involves an incident of a violent nature, the Dean of Students Office, upon written request, shall notify the alleged victim of the results.
  36. In accordance with College policy, decisions made or actions taken under the Student Code shall not be posted on a student’s academic record (transcript).

D. Convening Penalty Board Hearings and Hearing Procedures

If a respondent agrees to the charges of the case and signs a Statement of Alleged Policy Violation (SAPV) so indicating, the case shall be presented to a Penalty Board hearing for consideration of an appropriate penalty. Since the respondent has accepted responsibility for a violation of the Student Code, a full judicial hearing is not required to determine whether or not a violation has occurred. The procedures in a Penalty Board hearing include:

  1. A Penalty Board hearing shall consist of the non-voting Judiciary chair and four members of the Judiciary council selected by the Judiciary Council chair on a rotating basis. These five students constitute a quorum. A Dean from Student Affairs shall sit on the panel as a non-voting ex-officio member up to the point at which discussion of sanctions begins. The Dean shall remain for the discussion of sanctions to advise on process if asked to do so by the Judiciary Chair or a majority of the penalty board members. A staff member from the Student Affairs remains for the entire hearing.
  2. Penalty Board hearings shall be closed. Witnesses, complainants, victims and the Investigating Dean are not required to determine the facts of the situation, which have been agreed to by the respondent. The Chair may authorize the attendance of individuals not normally present but may be overruled by majority vote of the panel.
  3. When the respondent in a hearing is an organization, the organization may be represented by no more than four organization members.
  4. The respondent has the right to have an advisor present at the hearing. The advisor must be a member of the College community, but must not be a witness in the case, a panelist in the case, a Judicial Council chair, or, except when given written permission by the Vice President and Dean of Students, an attorney.
  5. The respondent and their advisor may attend the hearing to provide a statement about the Student Code violation or they may submit a written statement to the board. The written statement shall be presented to the Chair 24 hours in advance.
  6. A respondent may challenge one member of the penalty board if the respondent believes that the member cannot provide impartial consideration of the case. A respondent may not ask the Chair be removed from the panel. The Judiciary Council Chair may give permission to the respondent to question panel members prior to deciding whether to excuse a member. The individual who is challenged shall be replaced on the hearing panel by another member of the Judiciary Council.
  7. The victim and/or a dean from the Student Affairs may provide statements about the impact of the respondent’s actions on the victim or the college community.
  8. Three out of four members of the penalty board must agree on a sanction in order for it to be assigned to the respondent.
  9. Penalty Board proceedings shall be recorded up to the point at which deliberation on sanctions begins.
  10. To safeguard the privacy of respondents, complainants and victims, the members of the hearing panel shall at no time discuss cases outside of the hearing. If any member discusses a case prior to or following the hearing, that member shall be immediately disqualified from the case and dismissed from all further judicial responsibilities.
  11. The chair shall inform the respondent and the Dean of Students Office of the results of the hearing. The Dean of Students Office shall issue an official letter of notification to the respondent. The decision of the hearing panel becomes effective immediately upon notification unless it requires suspension or expulsion.

E. Cross Campus Complaints

In cases where an alleged code violation has occurred on another campus or the complainant is from another campus, the College will take measures to ensure that the complainant understands the Pomona College Student Code and to ensure the impartiality of the Judiciary Council or Penalty Board, as provided in the Student Code. After a hearing is concluded, a copy of the record to be included in the precedent file shall be sent to the Dean of Students of the complainant’s home campus.

  1. The Judiciary Chair shall appoint a member of the Judiciary Council to act as an advisor to the complainant. The advisor shall explain to the complainant the Student Code and the judicial process as it applies to the case. The advisor may be present at the hearing as an additional advisor.
  2. At the discretion of the Judiciary Council Chair, the Dean of Students from the complainant’s home campus may appoint an impartial observer for the hearing. The observer shall write a signed evaluation of the hearing process to be submitted to the Judiciary Chair for internal review, and to the Dean of Students at the complainant’s home campus. The evaluation shall address issues of impartiality and process.
  3. The cross-campus observer’s presence at the hearing is subject to the following conditions:
    • The observer shall sign the confidentiality agreement required of all Judiciary Council members.
    • The observer shall not speak, answer questions, ask questions, or in any way influence the hearing.
    • At the conclusion of the hearing, the Judiciary Chair shall give the observer a form on which to make the evaluation.
    • The observer must complete and submit the evaluation before leaving the location of the hearing.
    • The observer shall surrender all notes about the hearing to the Judiciary Chair after completing the evaluation.

Article VI: Sanctions

A. Individual Sanctions

One or more of the following sanctions may be imposed on any student found to have violated the Student Code:

  1. A notice in writing to the student that the student is violating or has violated College regulations.
  2. Probation. Probation can take the form of Conduct, Social, or Residential and is for a designated period of time and includes the probability of more severe disciplinary sanctions if the student is found to be violating any institutional regulations during the probationary period. Students on probation may be ineligible to participate in some activities of the College. For example, students on any form of probation shall not be eligible to participate in Study Abroad.
  3. Fines including previously established and published fines may be imposed. These fines may exceed the cost of repairing or restoring damaged property. In cases of serious and/or repeated acts of destruction and vandalism, the imposition of fines may be combined with other disciplinary penalties.
  4. (Disciplinary) points for substance-related policy violations, as referenced in the Sanctions (“Points and Fines”) subsection of the “Life on Campus & in the Residence Halls” section of the Student Handbook. There are no restrictions on a judicial body regarding the number of points that it may issue as an individual sanction. However, when hearing an appeal of points already assigned by an administrator, the judicial body may only: uphold the original amount of assigned points, reduce the original amount of assigned points, or eliminate the assigned points entirely.
  5. Limitations on Participation: Denial of specified privileges suitable to the nature of the infraction for a designated period of time. A student may be barred from participating in college activities, room draw, and/or eating in the dining commons.
  6. Social suspension: A student may be barred, for a designated period of time, from attending social gatherings or college activities at which alcohol is served or is present.
  7. Compensation for loss, damage or injury may be required. This may take the form of appropriate service and/or monetary or material replacement.
  8. Discretionary Sanctions: Work assignments, service to the College or the community, research papers that educate the respondent about the consequences of their misconduct as well as other discretionary assignments may be imposed. Particular forms of community work on and off campus and a number of hours to be worked can be established. The hearing panel may also require attendance at drug or alcohol workshops or other similar alternatives suitable to the nature of the infraction.
  9. Residence Hall Suspension or Change: Separation of the student from the residence hall may be required for a designated period of time, after which the student is eligible to return or the student’s place of residence may be changed. Conditions for re-admission to residence may be specified by the Dean of Campus Life.
  10. Residence Hall Expulsion: Permanent separation of the student from the residence halls.
  11. College Suspension: Separation of the student from the College for a designated period of time after which the student is eligible to return. Conditions for re-admission may be specified by the hearing panel or the Dean of Students.
  12. Withholding participation in graduation: Seniors may be denied the privilege of participation in Class Day and Commencement exercises.
  13. College expulsion: Permanent separation of the student from the college.

B. Collections of Individuals

Any sanction from Article VI Section A may be imposed on students charged as collections of individuals. Different sanctions may be assigned to different individuals in the collection.

C. Groups and Organizations

The Judiciary Council may not assign different sanctions to different individuals within the group or organization. The group itself may, however, allow individual members to take a greater share of the sanction (e.g. pay more in fines or contribute more community service hours).

The following sanctions may be imposed on groups or organizations:

  • Letter of warning.
  • Probation and/or limitation on privileges.
  • Fines.
  • Restitution.
  • Suspension or revocation of privileges. This shall be limited to the loss of any or all privileges afforded to the group by the College.
  • Suspension or revocation of charter or registration of the organization. Suspension shall result in a loss of all privileges associated with recognition as a Pomona College organization for a designated period of time. Revocation shall result in permanent loss of privileges associated with recognition as a Pomona College organization. The Judiciary Council may establish conditions and time tables that govern when any organization whose charter has been revoked or registration withdrawn can apply for a new charter. They may also revoke an organization’s charter or registration in perpetuity.
  • Community Service.
  • Termination or relocation of the group. (For example, a sports team may have its season terminated, a sponsor group may be relocated or dispersed to a different residential location.) See below. Group or organization sanctions do not preclude an individual from being held responsible for code violations associated with or related to the violations charged against the group.

    If an organization’s charter or registration is suspended or revoked, individuals may be sanctioned, after a hearing before the Judiciary Council, for acting on behalf of the group or organization while the sanction is in effect. Examples of prohibited conduct associated with such organizations include: participation in recruiting or initiating new members to the group or organization, organizing events for the organization, using college facilities for activities of the organization and representing one’s self as a member of the organization while on Pomona property or at Pomona sponsored events.

    While a group sanction of expulsion or charter revocation or removal of registration is in effect, the College may in its discretion deny permission to use College facilities to individuals who are members of that organization or were at the time of the events on which the sanctions were based.

D. Interim Suspension

In certain circumstances the President may impose a College suspension prior to the hearing before a judicial body. Further, the Dean of Campus Life may, in certain circumstances, impose a residence hall suspension prior to the hearing before a judicial body.

  1. Interim suspension may be imposed only: a) to ensure the safety and well-being of members of the college community or preservation of college property; b) to ensure the student’s own physical or emotional safety and well being; or c) if the student poses a credible threat of disruption or of interference with the normal operation of the College.
  2. During the interim suspension from the College imposed by the President the student shall be denied access to the campus (including classes) and all other college activities or privileges for which the student might otherwise be eligible as the President may determine to be appropriate.
  3. During interim suspension from the residence halls imposed by the Dean of Campus Life, the student shall be denied access to the residence halls and other college activities for which the student might otherwise be eligible as the Dean of Campus Life may deem appropriate.
  4. Interim suspension from campus or the residence halls will be followed with speedy access to a hearing for the suspended student(s).

 

 

Point System for Drugs, Alcohol, and Parties

Possession and/or Consumption of Alcohol by Students under 21 Years of Age

Number of Offenses

Points

First Offense

3 points

Each Additional Offense

4 points

Providing Alcohol to Someone under 21 years of age

Number of Offenses

Points

First Offense

2 points

Each Additional Offense

3 points

 

Hosting an Unregistered Party

Number of Offenses

Points

First Offense

2 points

Each Additional Offense

3 points

Attending an Unregistered Party

Number of Offenses

Points

First Offense

1 point

Each Additional Offense

2 points

 

Kegs, “Kegorators,” Pony Kegs, Party Balls, and other Common Containers (Keg will be confiscated)

Number of Offenses

Points

First Offense

2 points

Each Additional Offense

3 points

Possession and/or Consumption of Hard Alcohol on South Campus

Number of Offenses

Points

First Offense

2 points

Each Additional Offense

3 points

Falsification of Identification (including college ID, state ID, or federal ID)

Number of Offenses

Points

First Offense

1 point

Each Additional Offense

2 points

Drinking Games

Number of Offenses

Points

First Offense

1 point

Each Additional Offense

2 points

         Marijuana Use, Possession, or Trading

Number of Offenses

Points

First Offense

3 points

Each Additional Offense

4 points

Additional Points for Marijuana Use in Residence Halls [Was this about smoking marijuana in the halls or about marijuana in the halls?]

Number of Offenses

Points

Each Offense

3 points

Additional Points Possession of Open Containers of Alcohol by Any Student, Regardless of Age or Class Standing, during Substance-Free Opening Period

Number of Offenses

Points

Each Offense

2 points

 

Point Forgiveness

One point is forgiven every 33 days (excluding summer and winter breaks) from the date of the last, point-incurring violation. For an update on individual point totals, students may contact Josh Eisenberg, Dean of Campus Life.

If, through one or more incidents, a student accumulates:

  • 1 to 5 Points: Student will receive a formal written warning and referral to the AOD Counselor.
  • 6 to 10 Points: Referral to the Alcohol and Other Drugs Counselor. Student will be assigned an educational project commensurate with the infraction (e.g., poster about alcohol safety for residence hall, short paper in response to article on THC and impact on memory, etc.). Project deadline will be mutually agreed upon by student and RLC.
  • 11 to 15 Points: Students with 11 or more points are penalized in the housing lottery (50 is added to their room draw number). Referral to AOD Counselor.
  • 16 to 19 Points: Student will be placed on a status of residential probation. Student’s parent(s) or guardian will be notified of the change of residential status. Students on any form of probation are prohibited from studying abroad per Article 6, Section A, Part 2.

20+ Points: Student will be suspended from the residence halls.
 

Fines

Smoking

Number of Offenses

Fine

First offense

$25

Second offense

$100-$200

Misuse of Residence Halls

Offense

Fine

Student’s failure to return Room or Residence Hall keys

$75 each

Student’s failure to vacate room on time

$25 per hour

Student failure to clear and clean room

$50

Damage to student room and furnishings

Cost of repair

Loss of furnishings

Replacement Costs

Failure to remove door decorations

$20

Missing furniture

Replacement Cost

Unauthorized use of room during Winter Break

$100 a day

Painting the exposed or pre-cast concrete in north campus residence halls (within the individual student rooms, living room in the suites, and all other areas in which there is exposed or pre-cast concrete)

 $1,000

Unauthorized painting

$100 per wall or ceiling

Fire Safety

Offense

Fine

Misuse of fire equipment

$500

Pulling fire alarms/creating false alarms

$500

Failure to cooperate with evacuation procedures

$50

Use of open flame devices, including candles and incense, in the residence halls

$25

Misuse of Windows, and/or Balconies, Removal of Screens

Number of Offenses

Fine

First offense

$100

Second offense

$200

Doors

Offense

Fine

Propping Doors

$100

Tampering with door locking mechanisms

$100

Unathorized access/use of rooftops

Number of Offenses

Fine

First offense

$1,000

Unauthorized Pets on Campus

Number of Offenses

Fine

First offense

$100 plus $50 per day after 72 hours

Second offense

$200 plus $50 per day after 72 hours

Possession of an Unauthorized or Duplicate Key

Number of Offenses

Fine

First offense

$100


Failure to pay fines can result in the assessment of additional charges and other action by the College.

Article VII: Appeals

A. Filing Procedure

  1. A decision reached by a Judicial Board or the Student Affairs Committee or a penalty imposed by a Judicial Board or a Penalty Board or the Student Affairs Committee may be appealed to the Appeals Board by the respondent.
  2. An Appeals Board panel (and quorum) shall consist of three members of the Judiciary Council and the non-voting Appeals Board chair. All three voting members shall agree in order for an appeal to be successful.
  3. Written notice of intention to appeal and written reasons for the appeal shall be provided within ten school days of the hearing panel’s decision. Written notice of intent to appeal and written reasons for the appeal shall be provided to the Chair of the Appeals Board, the Judiciary Chair and the Vice President and Dean of Students. The written reasons for the appeal shall be based on the grounds codified in Article VII, Section B, Subsection 1.
  4. If either the Appeals Chair or the Associate Dean of Students and Dean of Campus Life assert that the appeal is based on the codified grounds for appeal, then the Appeals Chair shall convene an appeals hearing as prescribed in Article VII, Section C. If both the Appeals Chair and the Associate Dean of Students and Dean of Campus Life assert that the appeal is not based on the codified grounds for appeal listed in Article VII, Section B, Subsection 1, then the appeal shall be dismissed and no appeals hearing shall be convened, except as specified in Article VII, Section A, Subsection 5.
  5. Should a student sanctioned with suspension or expulsion file an appeal, the Appeals Chair must convene an appeals hearing as prescribed in Article VII, Section C without comment or opinion from the Appeals Chair or Associate Dean of Students and Dean of Campus Life.
  6. Once an appeals hearing is granted, the chair of the original hearing panel shall write a response within ten school days to be presented to the Appeals Board Chair, the Vice President and Dean of Students and the respondent.
  7. The Appeals Board Chair shall establish a time and place for a hearing and notify the hearing panel, the Vice President and Dean of Students, and the respondent.

B. Grounds

  1. The decisions made by a Judicial Board or Penalty Board or Student Affairs Committee are generally final. Appeal of the decision may be made on only two grounds. Either or both shall be cited in the appeal.
    • Improper Judicial Procedure. The respondent may appeal if the procedures outlined in the Student Code are violated. The Appeals Board shall consider:
      1. Whether provisions of the Student Code were violated in such a clear manner as to deny the respondent consideration of their position during the hearing.
      2. Whether the hearing panel, through negligence or lack of impartiality, overlooked or flagrantly ignored information which would have led to a different finding concerning the alleged violation of the Student Code.

        If the Appeals Board accepts an appeal made on the grounds of improper judicial procedure, they shall order the creation of a new hearing panel. The Appeals Board may provide specific directives or explanations for the guidance of the hearing panel.
    • New Evidence. Normally, sufficient time is allowed to gather all available evidence. However, in extraordinary cases the respondent may appeal if new evidence becomes available. The Appeals Board must consider:
      1. Whether the evidence was genuinely unavailable and could not have been made available through the appellant’s diligent efforts at the time of the original hearing and
      2. Whether the evidence would have led to a different conclusion had it been available.

        If the Appeals Board reaches a positive answer to both of these questions, the Appeals Board will grant the appeal and send the case to a new hearing panel for re-hearing and may provide specific directions or explanations for the guidance of the hearing panel.

        In certain extraordinary circumstances and in consultation with the Dean of Students, the Judiciary Council Chair may request an Appeals Board hearing to review a case on the grounds of fairness and precedent. If such an appeal is granted, the case shall be heard by a new hearing panel.

C. Convening Appeals Board Hearings and Hearing Procedures

  1. The chair of the Appeals Board shall select panel members from the Judiciary Council and shall preside at Appeals Board hearings. Three Judiciary Council members are required (and constitute a quorum) for each panel. The chair of the original hearing panel shall attend Appeals Board hearings to provide information about decisions reached in the hearing.
  2. Arguments presented before the Appeals Board shall be restricted to an elaboration of points in the written reasons for appeal and response.
  3. The respondent and the respondent’s advisor may attend the Appeals Board hearing. The respondent and the Judiciary Council Chair each have the right to speak in elaboration of points in the written reasons for appeal and response. A Dean from Student Affairs and staff member from the Office of Student Affairs may also attend and participate.
  4. When the respondent in a hearing is an organization, the organization may be represented by no more than four organization members.
  5. Appeals Board hearings are not recorded.
  6. When discussion of the written reasons for appeal and response is concluded, the parties to the case and advisors shall withdraw and the Appeals Board shall begin deliberation. The Dean from Student Affairs shall remain to advise on process if requested to do so by the Appeals Board Chair or a majority of the hearing panel. A staff member from the Office of Student Affairs shall be present throughout the proceeding.
  7. An Appeals Board panel must reach unanimous agreement in order to grant an appeal.
  8. The Appeals Chair shall inform the appellant and Office of Student Affairs of the results of the hearing. The Chair shall file a written opinion which explains the reasons for the decision with the Vice President and Dean of Students. The Office of Student Affairs shall issue an official letter of notification to the appellant.
  9. The members of the Appeals Board shall at no time discuss cases outside of the hearing. If any member discusses a case outside of the hearing, that member shall be immediately disqualified from the case and dismissed from further judicial responsibilities.

After reconsiderations as directed by the Appeals Board, a decision of the Judiciary Council shall be final unless the President of the College makes a finding that extraordinary circumstances exist or unless the penalty imposed is suspension or expulsion. In cases where the penalty is suspension or expulsion from the College, the sanctions imposed shall not be in effect until the appeal process is complete. If the safety of individuals, the protection of property or the continuity of the education process is or could be affected by the presence on campus of the suspended or expelled student, the President of the College may require the respondent to leave campus pending the hearing of the appeal.

D. In Cases of Suspension or Expulsion

In cases when the respondent has been suspended or expelled from the College by action of the Judiciary Council or the Student Affairs Committee, the respondent may request that the President of the College review the case following review by the Appeals Board.

The respondent, the Chair of the hearing panel that took the action, the Chair of the Appeals Board, and the Vice President and Dean of Students shall present written comments about the case to the President. The president may request more information, until they believe all issues have been fully presented.

After reviewing the material available, the President may take one of the following actions: uphold the decisions of the Judiciary and the Appeals board, request further hearing or deliberation by the original hearing panel or request that a new panel hear the case. In either of these last two instances, the President may direct the hearing panel to consider new evidence or consider evidence in a new light. The president may also overturn the decision of the Judiciary and impose a new penalty.

Article VIII: Selection of Members and Term of Office

  1. The chair of the Judiciary Council, the Associate Chair, and the chair of the Appeals Board shall be appointed by the Student Affairs Committee following an open application process. They shall be from the junior or senior class during their term of office.
  2. The members of the Judiciary Council shall be selected and appointed to a one year term by the student delegation from the Student Affairs Committee together with the chair of the Judiciary Council, the Associate Chair, and the chair of the Appeals Board. This group shall take into account the need to appoint a judiciary council that is broadly representative of the student body.
  3. A vacancy in the Judiciary Council Chair, the Associate Chair or the Appeals Board shall be filled by the following procedure: The Judiciary Council shall elect one of their junior or senior members to serve as chair, subject to approval by the Student Affairs Committee.
  4. Vacancies among members of the Judiciary Council shall be filled by appointment made by the ASPC President, ASPC Vice President, and the Judiciary Council Chairs. Students appointed to the Judiciary Council in this manner serve for the remainder of the academic year.
  5. A member of the Judicial Council may be removed from office and dismissed from all further judicial responsibilities for committing any of the following: violation of the confidentiality agreement signed by all Judicial Council members and chairs; unauthorized disclosure or discussion of any confidential information relating to disciplinary proceedings; abuse of the judicial system as defined in Article III, Section 16; unauthorized issue of an opinion or statement on behalf of any judicial body; inappropriate use of their judicial position; disregard or disrespect for the judicial system. A member may be removed from office for committing any of these aforementioned actions by a three-fourths vote of the following individuals: the Judicial Council Chair, the two Associate Chairs, and the Appeals Chair. Any member removed in this manner shall be notified in writing of the reason for the removal by the Judicial Council Chair within 48 hours of the removal.
  6. A Chair, Associate Chair, or Appeals Chair of the Judicial Council may be removed from office and dismissed from all further judicial responsibilities for committing any of the following: violation of the confidentiality agreement signed by all Judicial Council members and chairs; unauthorized disclosure or discussion of any confidential information relating to disciplinary proceedings; abuse of the judicial system as defined in Article III, Section 16; unauthorized issue of an opinion or statement on behalf of any judicial body; inappropriate use of their judicial position; disregard or disrespect for the judicial system. Any of the aforementioned chairs may be removed from office for committing any of these aforementioned actions by a two-thirds vote of the members of the Student Affairs Committee and with the approval of the Pomona College Office of Human Resources. Any chair removed in this manner shall be notified in writing of the reason for the removal by the Chair of the Student Affairs Committee within 48 hours of the removal.