Disciplinary Policies and Procedures

Academic Honesty Policy and Procedures

1. Standards of Academic Integrity
   
   Pomona College is an academic community in which all members are expected to abide by ethical standards both in their conduct and in their exercise of responsibilities towards other members of the community. The College expects students to understand and adhere to basic standards of honesty and academic integrity. These standards include but are not limited to the following.
   
   In projects and assignments (including homework) prepared independently, students never represent the ideas or the language of others as their own.
   
   Students do not destroy or alter either the work of other students or the educational resources and materials of the College.
   
   Students neither give nor receive assistance with examinations.
   
   Students do not represent work completed for one course as original work for another or deliberately disregard course rules and regulations.
   
   In laboratory or research projects involving the collection of data, students accurately report data observed and do not alter or fabricate data for any reason.

2. Reporting Violations of the Academic Honesty Policy
   
   When the College’s standards of academic integrity have been breached, violations should be reported.
   
   When an instructor encounters a possible instance of academic dishonesty and wishes to determine whether or not College standards have been violated, the instructor may consult with his/her department chair, with a colleague(s) or with the Dean of Students before reaching a conclusion.
   
   In so far as possible, when consulting with the chair, the Dean, or another colleague, the instructor should protect the anonymity of the student(s) involved and should take steps to protect the security and integrity of the evidence.
   
   Violation of confidentiality shall not be grounds for dismissal of the case. When an instructor concludes that standards of academic honesty have been violated, the instructor will consult with the student about the case. If the student is unavailable, the instructor may leave the grade as IP until the case is resolved. After reaching a conclusion that academic dishonesty has occurred but before consulting with the student, the instructor should ask the Dean of Students if there have been previous instances of academic dishonesty involving the student.
   
   If the student acknowledges that she or he is responsible for an act of dishonesty in a course and the Dean of Students reports that there have not been other instances of academic dishonesty involving the student, the instructor should impose a penalty proportional to the severity of the dishonesty. The sanction must be course-specific—such as a failing grade on an assignment or in the course. Once assigned, the violation and the sanction must be reported to the Dean of Students.
   
   If the instructor believes that the first infraction is so serious that a course specific sanction is insufficient, the instructor may indicate that special circumstances are present (e.g. the action jeopardizes another student’s work, the action occurs as part of another violation of the Student Code). In this case, the procedures followed will be the same as those for a second violation of the Academic Honesty Policy (see below).
   
   Upon receiving an instructor’s report of a first instance of academic dishonesty and the penalty imposed, the Dean of Students shall write to the student describing the violation, evidence of the violation, and summarizing the penalty. The student must notify the Dean within 5 school days of the date of the letter if she or he wishes to dispute the charge. If the student disputes the charge, the case will be referred to a Board for Academic Discipline. (See below.)
   
   If the student disputes the charge of dishonesty, the case will be referred to a Board of Academic Discipline for resolution— determination of whether the student has committed an act of dishonesty and, if so, determination of the penalty. The penalties the Board can consider in a first instance of academic dishonesty are limited to those affecting the class in which the act of dishonesty occurred unless the instructor alleges that special circumstances merit consideration of a more serious penalty.
   
   In cases in which a hearing panel is to be convened, the Dean of Students shall notify the Dean of the College.

3. Reporting a Second or Additional Instance of Academic Dishonesty
   
   If, upon receiving a report of academic dishonesty, the Dean of Students finds that the accused student has been responsible for a previous violation of the College’s Academic Honesty Policy, the case must be referred to the Academic Discipline Board for a hearing.
   
   In all cases when a Board of Academic Discipline is convened, the Dean of Students shall prepare a written statement of charges and present them to the student. The student is encouraged to have an advisor present during this initial meeting with the Dean and during the hearing.
   
   The student may select as an advisor any member of the faculty, staff or student body of the Claremont Colleges who is neither an attorney nor a member of the Academic Discipline Board or the Student Judiciary Council. If the student does not have an advisor, one can be suggested from an advisor pool consisting of faculty and staff who have been trained for the role. A person may not serve both as an advisor and witness in the same case.

4. Procedures for Academic Dishonesty Hearings
   
   Pre-Hearing Procedures

   1. If the case is not resolved between the instructor and the student, if it involves special circumstances, or if it represents a second instance of academic dishonesty, the case will be referred to a Board of Academic Discipline.

   2. The instructor or the Dean of Students shall notify the student that the case has been referred to a Board of Academic Discipline. Additionally, the instructor shall provide the Dean with a written account of the violation.

   3. The Dean of Students shall prepare a comprehensive written charge sheet specifying the portions of the Academic Honesty Policy that the student is alleged to have violated and outlining the evidence of dishonesty. The Dean will meet with the student to present and discuss the charge sheet. All charges must be brought within one year of the occurrence of the alleged violation.

   4. Prior to the initial meeting with the student, the Dean of Students shall inform the student of his or her pre-hearing rights. The student’s rights include:

      • Being provided with a comprehensive, written charge sheet.

      • Being informed that the student has the right to have an advisor present in meetings with the dean and in the hearing.

      • Being informed that the Academic Honesty Policy and the student’s rights under that policy are outlined in the Student Handbook.

      • Being provided with a copy of the Student Handbook if the student does not have one.

   5. The full Academic Discipline Board consists of eight faculty members and seven students. The faculty members shall be drawn from the membership of the Academic Procedures Committee and the Faculty Grievance Committee. The non-voting chair shall be the chair of the Academic Standards Committee. The Chair must be a tenured member of the faculty. The student members shall include the Academic Affairs Commissioner, two student members of the Student Affairs Committee (to be appointed by the Student Affairs Committee) and four student members of the Judiciary Council (to be appointed by the Chair of the Judiciary Council and the Dean of Students). The Dean of Students (or an Associate Dean of Students) shall sit on all Board hearings as an ex-officio, nonvoting member.

   6. A hearing panel for each case shall consist of the faculty chair who votes only in the event of a tie, three additional faculty members, and three student members chosen randomly by the Chair from the full Academic Discipline Board.

   7. A hearing panel shall be convened as soon as possible after a charge sheet has been presented to a respondent, normally within 60 days.

5. Convening Hearings of the Academic Discipline Board

   1. The Chair of the Board shall convene the hearing, notify the committee members, respondent, complainant, and witnesses of the time and place of the meeting, and conduct the hearing. If the Chair is unable to serve, the Dean of Students shall designate a tenured faculty member of the Board to serve as the hearing panel chair.

   2. The respondent may challenge one faculty and one student member of the hearing panel, excluding the Chair. These challenges shall be made in writing by the respondent at least 48 hours prior to the scheduled hearing. The Chair will replace challenged members.

   3. The Chair shall summon those individuals whom the instructor and/or the respondent requests as well as other faculty, staff, and students of Pomona College who have relevant information to offer the Board.

   4. The Chair may appoint, to assist the panel, a neutral faculty expert from the discipline in question who is not a faculty member at Pomona College.

   5. Pertinent records, exhibits, and written statements may be accepted as evidence for consideration by the hearing panel at the discretion of the Chair. All such material must be approved by the chair 72 hours prior to the start of the hearing. The student respondent and instructor have the right to review such evidence at least 48 hours prior to the start of the hearing. The Chair shall exclude evidence that does not meet College standards. Evidence shall be limited to:

      • Facts pertinent to the charge.

      • Physical and/or electronic evidence associated with the violations (exams, papers, lab reports, etc.).

      • 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.

   6. All information upon which the determination of responsibility for violating the Academic Honesty Policy is to be based shall be introduced into evidence in the presence of the respondent at the hearing.

6. Academic Discipline Hearings Procedures

   1. The Chair presides at hearings and shall conduct the hearing to ensure the fair presentation of all pertinent evidence and witnesses. As the hearing begins, the Chair shall:

      • Describe the procedures under which the hearing will be conducted.

      • Read the charges and remind the respondent of his or her 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 presumption of innocence in contested hearings.

      • Indicate that all decisions must be based solely on information presented at the hearing.

   2. The members of the hearing panel shall not discuss the case outside of the hearing. Likewise, statements of the instructor, student respondent(s), and witnesses, whether written or oral, are confidential and may not be used or quoted for any purpose outside of the hearing.

   3. Hearing shall be conducted in private. Persons who are appropriately present at all hearings are: The student respondent, the instructor bringing the complaint, the Chair, the hearing panel members, the Dean of Students (or an Associate Dean), and the advisor to the student respondent.

   4. The advisor to the student respondent is prohibited from addressing the hearing panel and may speak only to the student respondent.

   5. The Chair may authorize the attendance of persons who are not normally authorized to attend the hearing, order the hearing room cleared, or order any person to leave. A majority vote of panel members present may overrule a 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 Academic Honesty policy has been violated or about sanctions shall not be recorded.

   7. The recording of the hearing will be kept in the Office of Student Affairs. If the case is appealed, the student, the instructor bringing the complaint, the student’s advisor, the Chair, the President, the chair of the appeal hearing and the appeal board members, and the Dean of Students may listen to the tape. Only the named individuals have the privilege of hearing a tape recording of a Pomona Board of Academic Discipline hearing.

   8. The recording is the property of Pomona College. Those authorized to hear the recording must do so in the Office of Student Affairs or in an area arranged by the Office of Student Affairs. No one may copy the recording or receive copies of it. The recording will be kept for one calendar year following the end of an appeal.

   9. As the hearing begins, the Chair will call on the instructor bringing the complaint to make a statement and present evidence of the violation of the Academic Honesty Policy.

   10. The student respondent shall then have the opportunity to make an opening statement and address questions to the instructor bringing the complaint.

   11. Panel members, the panel Chair, and the Dean or Associate Dean of Students, the instructor bringing the complaint and the student respondent are entitled to question the instructor bringing the complaint, student respondent and all witnesses.

   12. Witnesses shall appear one at a time in an order determined by the Chair.

   13. The student respondent shall have the opportunity to make the final statement in the hearing.

   14. The hearing panel may recess at any time, upon the decision of the Chair, for the purpose of gathering additional information or to provide a break in the hearing or the deliberation.

   15. The student respondent or his or her advisor may ask the Chair for a recess at any time during the hearing in order for the advisor to ask a question of the Chair or consult with the respondent.

   16. After the hearing has been concluded, the panel and Chair shall go into closed deliberations to determine whether the respondent has violated the Academic Honesty Policy and, if she or he is found to have violated the Policy, what sanctions should be imposed. This phase of the proceedings shall not be recorded. All witnesses, the instructor bringing the charge, the student respondent and advisor shall not be present for deliberations.

   17. The hearing panel shall first consider the question of whether the student respondent has violated the Policy. A majority of four of the six voting members, (or four of seven if the chair votes to break at tie), is required for the panel to reach a finding. The panel will find that the student has committed a violation if the information presented in the hearing provides clear and convincing evidence of such violation.

   18. A respondent’s previous Academic Conduct Record shall not be made available to the panel until after the decision concerning whether or not the respondent violated the Policy has been reached.

   19. If a respondent is found responsible for a violation of the policy, this panel shall then review relevant precedents and consider sanctions. The respondent’s previous academic conduct record shall be considered in assessing a sanction. That record will be provided to the hearing panel by the Office of Student Affairs. A majority of four of the six voting members (or four of seven if the chair votes to break a tie) is required for the panel to assign a sanction.

   20. If a respondent is found not responsible for a violation of the policy, all records associated with the charges and hearing shall be destroyed, with the exception of exams, papers, or other assignments that the student asks to be returned.

   21. The Chair shall inform the student respondent, the instructor who brought the complaint, and the Office of Student Affairs of the results of the hearing. The chair shall prepare a written opinion for the Vice President and Dean of Students which summarizes the findings of the panel and the sanction(s) assigned, if any, and explains the reasons for the decision. The Office of Student Affairs shall issue an official letter of notification to the respondent.

   22. If the respondent is found not responsible for a violation, he or she shall have the option of not returning to the class in which the alleged violation occurred. The student may complete the course under the supervision of another faculty member by finishing all course assignments and examinations in a comparable time frame. Alternatively the student may withdraw without penalty from the course (the withdrawal shall not be recorded on the student’s transcript). Selection among alternatives shall be arranged by the Dean of Students or the Chair of the Hearing panel. A written record of the resolution shall be filed with the Office of Student Affairs and the office of the Dean of the College.

   23. When the hearing is concluded the Dean of Students shall inform the Dean of the College of the outcome.

   24. The Office of Student Affairs shall maintain a permanent, public precedent file which consists of case abstracts specifying charges, facts, case disposition and sanctions, if any. The precedent file shall be furnished to Boards of Academic Discipline prior to the point in the hearing at which sanctions are discussed.

7. Sanctions

   1. When assigning sanctions, the hearing panel shall consider the severity of the offense, precedent, the attitude of the respondent, the respondent’s previous academic conduct record, and the conditions under which the offense was committed.

   2. Sanctions that may be imposed include:

      1. Academic Sanctions:

         • Lower grade on an assignment

         • Loss of credit on an assignment

         • “F” on an assignment

         • “F” in the course

         • Assignment of make-up or additional work

      2. Other Sanctions:

         • Suspension from the College

         • Loss of College honors

         • Expulsion from the College

8. Appeals
   
   A student respondent may appeal a decision of a Board of Academic Discipline to the Dean of the College. Such a request must be filed with the Dean of Student’s office within five days of the date of the letter providing official notification of the sanction.
   
   After reviewing the case, the Dean of the College may uphold the Board’s decision, or remand the decision to the Board and may include comments or issues to be consider further by the Board. After further deliberation about the Dean’s concerns, the Board shall reaffirm or alter their decision. At this point, the decision of the Board is final.

Alcohol Policy

The health and wellbeing of every Pomona student is the responsibility of each community member and of the entire community and is the primary focus of the following policy. The College recognizes that responsible alcohol use can be compatible with healthy adult behavior and successful social events.

Our intent is to ensure the safety of our students and to ensure that the College’s environment remains conducive to the intellectual, cultural and social learning and growth that is the College’s mission. Pomona College takes a therapeutic approach when working with students involved in alcohol policy violations. Every effort is made to connect students with appropriate resources on campus. Pomona College employs a Drug and Alcohol Counselor with whom students may speak in strict confidence. Jasa Cocke is located in Wig hall and her extension is 78763.

The alcohol policy was written by the Student Affairs Committee on which students, faculty, and administrators serve together. The Student Affairs Committee has final authority over the regulations that govern student life at Pomona College. Pomona College complies with and enforces all federal, state, and local laws governing alcohol consumption and distribution.

1. Regulations

   1. Students 21 years of age and older are permitted to possess and drink alcoholic beverages at Pomona but may not distribute, furnish, or serve alcohol to people under 21years of age or to obviously intoxicated persons of any age.

   2. Students under 21 years of age may not consume, possess, distribute, or sell any alcoholic beverage.

   3. Pomona students who live off campus are bound by this policy.

   4. Because of the dangers it poses, possession or consumption of hard alcohol is viewed with special disfavor by the College. Hard alcohol is not allowed in south campus residence halls. Students of any age who violate college policies while using or distributing hard alcohol will face enhanced sanctions.Virtually all of the alcohol poisoning cases on the Pomona College campus involve hard alcohol consumption.

   5. Operating a motorized vehicle, a bicycle or a skateboard on Claremont Colleges’ property while under the influence of alcohol is prohibited. Motorized vehicles include cars, golf carts and motorcycles, among other vehicles.

   6. Excessive consumption of alcohol is often a contributing factor in violations of other important college policies. These policies include those addressing vandalism, noise, and misuse of fire safety equipment. The involvement of alcohol in such violations may be considered a compounding factor by Deans and Judicial Boards in assigning sanctions.

   7. Unsafe drinking behavior, especially drinking games and contests, will be subject to sanctions. The College strongly discourages “front-loading” and “doing shots” of hard alcohol because these behaviors maximize the dangers associated with intoxication and the risk of alcohol poisoning. “Front-loading” is the consumption of large amounts of alcohol in a short period of time prior to attending a social event.

   8. Public drunkenness is not permitted.

   9. Students may not drink alcoholic beverages in public areas on campus, except at officially registered parties and social events at which those over 21 years of age may be served or at private gatherings in common living room areas of student suites (applicable for students who are 21 years of age and older). Campus social events are officially registered with the Office of the Campus Center and are subject to the conditions outlined in the Party and Social Event Regulations below.

   10. Open containers of alcohol or cups containing alcoholic drinks may not be carried around campus or in public spaces in the residence halls.

   11. Private gatherings in residence hall rooms or the common living room areas of student suites that infringe on public space or become a public nuisance will be dispersed and sanctioned. Students who host such parties are responsible for the behavior of those who attend.

   12. Kegs and other common containers of alcohol, with the exception of bottles of wine, are prohibited in residence halls and in all other areas of the campus, except when officially registered. Kegs may not be registered in residential spaces. Common containers of alcohol include kegs, kegerators, pony kegs, punch bowls, water coolers, and other such containers obviously meant to serve a large number of individuals.

   13. Pomona College operates under a “Good Samaritan” policy. Each Pomona student shares responsibility for the safety and welfare of their fellow students. Failing to seek assistance for a fellow student who appears to be dangerously drunk will result in sanctions. In medical emergencies, students should always seek help from College officials (Resident Advisors, Deans or Campus Safety). Sanctions will not be imposed on students who seek or receive medical attention.

   14. The entire Pomona College community is responsible for the well-being of prospective students visiting the campus. Giving or offering drugs or alcohol to a prospective student will result in sanctions.

   15. From the time that students arrive on campus in August until the beginning of the second week of classes, the College does not permit alcoholic beverages to be served or consumed on campus. During this time, students many not have open containers of alcohol in their room or in their possession. This period is known as “Substance-Free Opening.” All students, regardless of age or class standing, are required to observe Substance Free Opening.

   16. Brewing beer, distilling alcohol, or fermenting wine is not permitted on campus.

2. Party and Social Events Regulation
   
   The College allows student organizations and individual students to register parties and social events that serve alcohol (“registered events”) in specified campus locations. The College reserves the right to revoke or alter the specific spaces in which registered events can be held and the frequency with which registration may occur.

   1. The following regulations apply to ALL registered events

      1. Beer and wine are the only alcoholic beverages that may be served or consumed at registered events.

      2. Beer includes all fermented beverages with an alcohol content of up to 6%. Wine includes champagne and other sparkling wines with alcohol content of up to 14%.

      3. Alcohol may not be purchased with funds collected as mandatory fees by the College, including all fees turned over to the ASPC by the College for the purpose of supporting student activities.

      4. Alcoholic beverages may not be sold at any campus event without an appropriate State license.

      5. Alcoholic beverages may not be served at registered events that are open to the general public.

      6. Events at which alcohol is served may not be registered during reading days or during the final examination period.

      7. Consumption or possession of alcohol at athletic events is prohibited.

      8. Alcohol may not be served at study breaks. A study break is an event that is limited in duration (1-2 hours) and intended to provide a time to relax after studying.

      9. Individuals are prohibited from bringing their own alcoholic beverages to any registered event or from taking alcoholic beverages out of events or social functions.

      10. The number of people attending a registered event who may legally drink will determine the amount of alcoholic beverages available.

   2. The following regulations apply only to registered events held in PUBLIC SPACE

      1. Locations in which this category of events may currently be registered include: Smith Campus Center locations (Edmunds Ballroom, the Courtyard, Doms Social Room); Sontag Greek Theater; Eversole Courtyard; Walker Courtyards; Clark V Courtyards; Clark I Courtyards; Harwood Courtyard; Bixby Plaza; Seaver Theater Courtyard; the lobby of Bridges Auditorium; Frank Dining Hall; and Frary Dining Hall.

      2. Events at which alcohol is served must be registered with and approved by the Office of the Campus Center and Student Programs in Suite 244 of the Smith Campus Center, ext 18610.

      3. Only students of The Claremont Colleges who present valid College identification cards and their guests with guest passes are permitted to attend registered events. Guest passes may be obtained at any Resident Advisor desk, at the Office of Campus Life, or at the Smith Campus Center Building Manager’s window.

      4. Students of the Claremont Colleges must show their college-issued ID card, as proof of age, at the point of alcohol service. Guests of students, who possess a valid Guest Pass, must show their Driver’s License with their Guest Pass, at the point of alcohol service.

      5. Registered events in public space must have one or more of the College’s servers on duty at all times to serve alcohol. Servers ensure that only those are served who:

         1. are 21 years of age or older

         2. possess identification that confirms their age

         3. are not intoxicated.
            
            No event with alcohol may begin or continue without a College server in charge of alcohol distribution. Servers are hired by the Office of the Campus Center and Student Programs after an event is registered.

      6. Campus Safety Officers must be hired for the duration of public events at which alcohol is served. Campus Safety Officers are hired by the Office of the Campus Center and Student Programs after an event is registered.

      7. All registered events in public space must have a host or hosts who are present for the duration of the event. If alcohol is served, at least one host must be 21 years of age or older. Hosts contact the Office of the Campus Center and Student Programs to arrange appropriate numbers of servers and Campus Safety officers and to ensure that the party does not begin or continue without their presence. Hosts are also responsible for ending the event at the agreed upon time and for ensuring clean-up of the event site.

      8. High-quality non-alcoholic beverages and appealing food must be readily available and accessible at social events throughout the duration of the event.

   3. Advertising Alcohol
      In order to avoid a hidden culture of alcohol use and in order to advertise a diversity of events beyond keg parties, publicity about particular types of alcohol is permitted.
      
      Electronic media (such as the “Chirps!”) in which social events are advertised on the Pomona campus (but not the other four undergraduate campuses) may include reference to the type of alcohol being served. For example, events which are wine tasting, wine and cheese receptions, champaign brunches, Oktoberfest, etc. may be noted as such, but alcohol may not be the focus of publicity.
      
      Electronic advertising which is sent to students, faculty and staff at Pomona to announce social events must adhere to the following guidelines:

      1. Advertising may specify the type of alcohol being served (for example, wine, champagne, sake) but it may not specify brands.

      2. Advertising may not specify the quantity of alcohol present.

      3. Advertising may not portray drinking as a solution to personal or academic problems of students or as an enhancement to social, sexual, or academic status, nor may it be portrayed as the central purpose of the event.

      4. Advertising may not encourage drinking or make reference to drunkenness.

      5. Posters, banners, flyers, and other print media which are designed to be displayed on campus and in public may not mention alcohol when advertising parties, or other events.

   4. The following regulations apply only to registered PRIVATE EVENTS

      1. Students over 21 years of age who have participated in the College’s host safety training program may register wine, a single ponykeg or a single keg of beer for a social event in the spaces that the college designates annually.

      2. Events of this nature may occur only on Friday and Saturday nights for up to four hours in duration, anytime between 5:00 PM and 2:00 AM. They must be registered with and approved by the Office of Campus Center and Student Programs at least 24 hours in advance.

      3. Private parties may not be advertised. Any beer or wine served at private parties must be provided and paid for by the host(s).

      4. The student registering the event shall be considered the event host. Hosts must:

         • Ensure that no student who is obviously intoxicated or under 21 years of age is served

         • Assume responsibility for the conduct of party guests (including those with guest passes)

         • Ensure that the event does not violate the College noise policy

         • Ensure that the event does not spill over into public space

         • Ensure that the event is not excessively crowded

         • Be present and sufficiently sober to carry out all hosting obligations for the duration of the event. Hosts who fail to fulfill any of these obligations will no longer be permitted to register an event and will face sanctions.

3. Sanctions for Violation of the Alcohol Policy
   
   In medical emergencies, students should always seek the assistance of Colege officials (Resident Advisors, Deans, or Campus Safety). Sanctions are not imposed on students who seek or need medical attention.

   1. General Guidelines

      1. The sanctions listed below are the typical penalties for particular violations of the alcohol policy. Any violation of the Student Code or of the alcohol policy may be resolved by a dean’s sanction or referred to the Judiciary Council for additional consideration and sanctions. Sanctions up to and including suspension or expulsion from the College may be imposed.

      2. Sanctions and fines will be levied against each student found responsible for the policy violation(s).

      3. Fines may not be converted to community service.

   2. Sanctions for Particular Violations of the Alcohol Policy

      1. Consumption, possession, distribution of hard alcohol by students under 21 years of age: The penalty for a first offense is $100 and confiscation of the alcohol and $200 for the second offense and each subsequent offense confiscation of the alcohol. He or she may be disqualified from participating in leadership positions such as Sponsor, Mentor, Head Sponsor, Resident Advisor, and Orientation Adventure Leaders among others. Students may also be placed at the bottom of Room draw on his or her class or for the college and/or denied the privilege of returning to campus prior to the opening day established for all returning students.

      2. Possessing an unregistered keg or other common container of alcohol: The fine for having an unregistered keg or other common container of alcohol is $100 for the first offense and $200 for the second offense and each subsequent offense. The keg(s) will be confiscated. Repeat offenders may also be placed at the bottom of room draw for his or her class or for the College.

      3. Driving under the influence: Students found responsible for operating a motorized vehicle while under the influence of alcohol whether on campus or elsewhere may no longer register, drive, or park an automobile on the Pomona College campus.

      4. Substance-Free Opening violations: Violations of Substance Free Opening will result in 10 hours of community service and a $100 fine. In addition, violators will not be allowed to move into a residence hall prior to the opening day established for all returning students the following fall. Because the student would be required to live off campus during pre-opening training, violations may jeopardize leadership positions such as a Sponsor or Mentor, Admissions intern, Residence Advisor, Head Sponsor, Orientation Adventure Leader among other positions. Substance-Free Opening violations may also result in Judiciary Council hearings if other Student Code violations are associated with the sanctioned incident.

      5. Violating the obligations of a private party host: Students who fail to fulfill the obligations of a host will have the privilege of hosting permanently revoked and may be subject to additional sanctions.

   3. Other Sanctionable Violations of the Alcohol Policy

      1. Providing alcohol to students under 21 years of age.

      2. Providing or serving alcohol to obviously intoxicated persons of any age.

      3. Consumption, possession, distribution of beer or wine by students under 21 years of age.

      4. Engaging in drinking games or contests, or front-loading.

      5. Public drunkenness.

      6. Open containers of alcohol or cups containing alcohol in public space.

      7. Making alcohol.

      8. Using false Identification to obtain alcohol.

      9. Unregistered parties.

   4. The violations listed above or indeed any violations of the alcohol policy are subject to the following potential sanctions

      1. Warning.

      2. Fines.

      3. Confiscation of alcohol, false ID Cards and other prohibited items; Removal of brewing or distilling materials and equipment from campus.

      4. Citation by Campus Safety or arrest by the Claremont Police Department; filing of an incident report by a Resident Advisor (RA).

      5. Mandatory meeting with a dean.

      6. Suspension from social events where alcohol is served.

      7. Loss or suspension from campus housing or dining.

      8. Suspension or denial of permission to hold further social events.

      9. Community service.

      10. Required participation in an alcohol education program.

      11. Placement at the bottom of the class in room draw.

      12. Placement at the bottom of the College room draw.

      13. Suspension or loss of organizational status.

      14. Referral to the Judiciary Council for disciplinary action where penalties up to suspension and expulsion may be imposed.

      15. Sanctions that specifically address a particular violation.

      16. Discretionary sanctions.

4. Federal, State and Local Law

   1. Students are not exempt from local, state, and federal law while on the Pomona College campus.

   2. The federal government, through the Drug Free Schools and Communities Act, requires that colleges enforce state and local laws concerning drugs and alcohol in order to remain eligible for federal funds including federal student financial aid.

   3. California has a strict host liability law. If a student sells or serves alcohol, she or he can be held responsible in a court of law for the conduct of any individual who is served if that person subsequently injures himself or herself, becomes ill, dies, or injures a third party. This is especially true when the person served is a minor or is already intoxicated.

   4. The City of Claremont prohibits public intoxication, open containers of alcohol in vehicles, and consuming alcohol in public parks.

   5. It is illegal to sell, furnish or give alcoholic beverage to anyone under 21 or to anyone who is obviously intoxicated. (California Business & Professions Code Sec. 25658.)

   6. It is illegal for anyone under 21 to purchase or attempt to purchase alcoholic beverages or to possess alcoholic beverages in any public place, including streets or highways. (California Business & Professions Code Sec. 25662.)

   7. It is illegal to sell alcohol without a valid license or permit. (California Business & Professions Code Sec. 23301.)

   8. It is illegal to drink while driving. (California Vehicle Code Sec. 23221.)

   9. It is illegal to have an open container of alcohol in a moving vehicle. (California VehicleCode Sec. 23222, 23223.)

   10. It is illegal to drive under the influence of alcohol. (Intoxication is presumed when blood alcohol level is .08% or higher, but may be found with blood alcohol levels of .05% to .08%). (California Vehicle Code Sec. 23152.)

   11. It is illegal for anyone under 21 to drive with a blood alcohol level of .05% or more or to drive while under the influence of alcohol. (California Vehicle Code Sec. 23140.)

   12. It is illegal to ride a bicycle or to operate a water vessel, water ski or aquaplane while intoxicated.

   13. It is illegal to present any form of false identification to purchase, order or attempt to purchase any alcoholic beverage or to possess false evidence of age and identity. (California Business & Professions Code Sec. 25661.)

   14. It is illegal to sell or provide false evidence of age or identity and to anyone under age 21. (California Business & Professions Code Sec. 25661.)

   15. It is illegal for anyone under age 21 to enter or stay in a place licensed to sell liquor without a lawful reason to be there. (California Business & Professions Code Sec. 26665.)

   16. It is illegal to be found in a public place under the influence of liquor, drugs or controlled substances if you are unable to care for your own safety or interfere with the use of a public way. (California Penal Code Sec. 647(f).)

       Legal Penalties
       
       In general, a misdemeanor is punishable by fines up to $1,000 and/or imprisonment in the county jail for up to one year. A felony is punishable by imprisonment in state prison for more than one year. Other penalties stated below for a particular offense may be in addition to those stated for misdemeanors and felonies.

       1. Anyone who sells or gives any alcoholic beverage to a person under age 21 is guilty of a misdemeanor. Punishment may include a fine of $1,000, which may not be suspended and performance of not less than 24 hours of community service in addition to penalties provided for misdemeanor violations.

       2. Anyone under age 21 who purchases any alcoholic beverage or consumes an alcoholic beverage in any on-sale premises is guilty of a misdemeanor.

       3. Anyone under 21 who attempts to purchase any alcoholic beverage is guilty of an infraction and shall be punished by a fine of not more than $100. Any subsequent violation shall be punished by a fine of not more than $250 or 36 hours of community service.

       4. Anyone under 21 who is in possession of an alcoholic beverage in a public place or street or highway is guilty of a misdemeanor.

       5. Anyone under 21 who presents false evidence of age and identity to order or obtain any alcoholic beverage or who possesses false evidence of age and identity is guilty of a misdemeanor. Punishment shall include a fine of $250 which may not be suspended or performance of not less than 24 hours nor more than 32 hours of community service.

       6. Penalties for drunk driving:

          • First Offense: Imprisonment in the county jail for not less than 96 hours, at least 48 hours of which shall be continuous, nor more than six months and by a fine of not less than three hundred ninety dollars ($390), nor more than one thousand dollars ($1000) and completion of a driving under the influence education program (at least 30 hours if blood alcohol was less than .20% and at least 45 hours if more than .20%). If under 21, suspension of driver’s license for one year, over 21, suspension for six months. In addition, a period of probation from three to five years may be imposed. If registered to the driver, the vehicle may be impounded for 1 to 30 days.

          • Second Offense (within 7 years): Fines from $390 to $1000, imprisonment in the county jail for not less than 90 days nor more than one year, driver’s license suspension of 18 months. If registered to the driver, the vehicle will be impounded for 1 to 30 days.

          • Third Offense: Fines from $390 to $1000, imprisonment in the county jail for not less than 120 days nor more than one year, driver’s license revocation for four years. If registered to the driver, the vehicle may be impounded for 1 to 90 days or may be sold.

          • Fourth Offense or greater; Fines from $390 to $1000, imprisonment in the county jail for not less than 180 days to three years in state prison, driver’s license revocation for four years. If registered to the driver, the vehicle may be impounded for 1 to 90 days or may be sold.

          • For all offenses, participation in an alcohol or drug program may be required and vehicles registered to the driver may be sold or impounded for periods up to three years.

          • Driving privileges are suspended for six months for refusing to submit to a blood alcohol test. The suspension is for two years if there has been a prior conviction within seven years, and for three years if there have been three or more convictions within seven years.

5. Resources for Students
   
   No student will be sanctioned for seeking alcohol counseling or assistance for themselves and/or other students. Any information the deans receive will remain confidential unless it appears that the life or safety of a student is at stake.
   
   Pomona College encourages its students to discuss safe alcohol use and/or the issues and problems associated with alcohol abuse with any one of the individuals listed below. Students are encouraged to approach any Dean, Resident Advisor or Faculty member with whom they feel comfortable if they suspect that they or one of their fellow students has an alcohol abuse problem.

   1. Jasa Cocke - Pomona College Drug and Alcohol Counselor, Wig Hall 1A, ext. 78763.

   2. On-Call Deans - a dean is available for assistance 24 hours a day when students are on campus. Call ext. 72000, and have Campus Safety page the dean.

   3. Student members of the Residence Hall Staff (RHS) - (909) 607-2000, ext 21 and 22 for North Campus, 23 and 24 for South Campus.

   4. Community Resources - The Claremont United Church of Christ Congregational at the corner of Harrison and Harvard Avenues provides a space for Alcoholics Anonymous meetings. Students are welcome to attend any and all of the AA meetings they offer. Meeting times include:
      
      Adult Children of Alcoholics -
      Mon. 7 pm, Rm. 205.
      
      Alcoholics Anonymous –
      Daily: 7 AM daily (365 days a year),
      
      Women’s group,
      Monday, 10:30 AM, Sumner Room
      Monday, 6:30 PM, Sumner Room.
      Tuesday, 8 PM, Roberts Room.
      Wednesday, 8 PM, Sumner Room.
      Thursday, 10 AM Women’s group, Club Room downstairs.
      Friday, 6:30 PM, Women’s group, Sumner Room.
      Saturday, 11 AM, Sumner Room.
      
      Project Sister,
      24-hour Help Line • 909.626.HELP (909.626.4357) • 626.966.4155 7 days a week
      
      House of Ruth
      24-Hour Hotline: 909-988-5559

Pomona College Drug Policy

Statement of Purpose

Pomona College believes that students have the right to live and work in an environment free from the effects of drugs and drug abuse. Accountability and shared responsibility serve as the overarching principles that shape this policy. In that spirit the policy aims to clarify the responsibilities of community members, define appropriate behaviors, describe the College’s response to hazardous, illegal or disruptive behavior, and inform community members about the resources available for addressing drug-related concerns and problems.

In accordance with state and federal laws, Pomona College has established these priorities:

1. To provide an atmosphere free from the manufacture, sale, distribution, use or abuse of illegal or prescription drugs

2. To stress safety, and individual accountability for all Pomona College students

3. To establish clear penalties for violating the College’s drug policy

4. To provide students with information about confidential on‐ and off‐campus resources to address issues related to drug use and abuse.

All Pomona College students are expected to comply with federal, state, and local laws, to follow the requirements of the College’s drug policy and to respect the right to a drug free environment shared by all members of the campus community. Violations of the Pomona College Drug Policy or of any of the state laws of California are subject to disciplinary action.

Pomona College operates under a Good Samaritan Policy. Each Pomona student shares responsibility for the safety and well-being of his or her fellow students. Failing to seek assistance for a student who seems dangerously ill from the effects of drugs will result in sanctions. In medical emergencies, students should always seek help from college officials (Resident Advisors, Deans or Campus Safety). Sanctions will not be imposed on students who seek or receive medical attention.

Drug Policy Violations

It is a violation of the Pomona College Drug Policy for students to:

1. Possess, manufacture, sell, distribute or use, or participate in the use of illegal drugs. Prohibited drugs include all illegal drugs such as marijuana, cocaine, heroin, LSD and other hallucinogens, designer drugs and prescription drugs or other illegal drugs.

2. Have drug paraphernalia in their residence hall rooms, on their person, or in any area under their immediate control.

3. Provide illegal or prescription drugs to another individual or use prescription drugs for purposes other than those for which they are prescribed.

4. Violate state, federal or local laws concerning drug use, distribution, sale or manufacture.

Sanctions

Violation of the drug policy will subject students to disciplinary actions that may range from probation, fines, loss of housing and up to suspension or expulsion. The College may also require a student who possesses or uses illicit drugs or is found with drug paraphernalia to participate in an approved drug rehabilitation program (at the expense of the student) and to provide the College satisfactory evidence of successful completion of the program and of being drug free.

When it is not possible to determine who within a group of students is responsible for the use, possession, manufacture, sale or distribution of drugs, responsibility for the offense will fall on the occupant in whose room or automobile or social gathering the violation occurs unless another individual within the group accepts responsibility.

Sanctions for violation of the drug policy are divided into Category 1, Category 2, and Category 3.

Category I Sanctions

Category I sanctions will be assigned to students found using, possessing or providing marijuana to other student. Category 1 will also include misusing prescription drugs or providing prescription drugs to other students.

First offense: The penalty for a category 1 offense will be a $100 fine and a letter of reprimand placed in the student’s confidential file. The student (s) found using Category 1 drugs as a first offense will be required to meet with the College’s Drug and Alcohol Counselor.

Second offense: The penalty for a second category 1 offense will be a $200 fine and residential probation. The student (s) using drugs will be required to meet with the College’s Drug and Alcohol Counselor until released by the Drug and Alcohol Counselor. Parents will be notified after a second offense because separation from the residence hall is a consequence should a third offense occur.

Third offense: Any student(s) responsible for a third offense will be suspended from the residence hall. The student(s) will be required to meet with the College’s Drug and Alcohol Counselor and follow his or her recommendation for treatment as a condition of remaining enrolled at Pomona College. After an initial period of residence hall suspension to last at least one full semester, the student(s) may return to residence upon the recommendation of the College’s Drug and Alcohol Counselor and the Dean of Campus Life.

Category II Sanctions

Category II sanctions will be assigned to students found using, possessing or providing cocaine, heroin, methamphetamine, LSD or other hallucinogens, designer drugs or other illegal drugs not covered under Category I.

First Offense: A student found in violation will be fined $200 and required to meet with Pomona’s Drug and Alcohol Counselor until released, and to follow the Drug and Alcohol Counselor’s recommendation for treatment as a condition of remaining enrolled at Pomona College. The College will notify the student’s parents or guardian of the violation. The student will be placed on probation after the first offense involving Category II drugs.

Second Offense: A student who commits a second violation of a Category II offense will be placed on leave from the college and required to receive treatment. The student may not return to Pomona until the treating physician indicates to the satisfaction of the Dean of Students and the College’s Drug and Alcohol Counselor that the student is drug-free and able to resume his or her education.

Category III Sanctions

Category III sanctions apply when a student is found responsible for the manufacture, sale, distribution, or intent to distribute any illegal or prescription drug.

First Offense: A student found to be manufacturing, selling, distributing or intending to distribute any illegal or prescription drug will be sent to the Judicial Council with a recommendation for suspension from the College for at least one semester.

Second Offense: A student found to be manufacturing, selling, distributing or intending to distribute any illegal or prescription drug who has been found responsible for a first instance of such conduct will be referred to the Judicial Council with a recommendation for expulsion from the College. President may impose an interim College suspension prior to a hearing before a judicial body. See “Interim Suspension,” Article IV, section D of the Student Code.

Responding to Drug Policy Violations

Residence hall rooms are Pomona College property. The College respects the student’s right to privacy and college officials will not enter residence hall rooms without reasonable suspicion that college policies or regulations have been violated. When a credible report of drug use or drug sale exists or when a hazardous or disruptive situation occurs, the College reserves the right of access to student rooms. For health, safety or security reasons or to determine compliance with Pomona College policies, access to students’ rooms by college staff (including RAs) may occur without notice. The College reserves the right to remove items that violate college policies.

Failure to comply with the directions of College officials (including RA’s) is a violation of the Student Code and will result in disciplinary action.
When a student is charged with a violation of Federal, State or Local Law, a College disciplinary action may be taken if the action also violates College policies.

Local, State and Federal laws apply to the Pomona College campus and law enforcement officials do patrol and police the Pomona campus. College officials are not able, even when they are willing, to shield students who violate the law.

General Overview of Local State and Federal Laws Concerning Drugs

It is a crime to possess, use, sell, manufacture, or distribute illegal drugs. Both federal and state laws impose criminal sanctions including imprisonment, on persons violating criminal drug laws.

California State Law Prohibits:

Marijuana Possession: Every person who possesses marijuana except as otherwise provided by law, shall be punished by imprisonment in the county jail for a period of not more than one year or the state prison for a period of between one and ten years (Sec.11357)

Marijuana Cultivation: Every person who plants, cultivates, harvests, dries or processes any marijuana or any part thereof, except as otherwise provided by law, shall be punished by imprisonment in the state prison for a period of between one and ten years and shall not be eligible for release upon competition of sentence, on parole or on any other basis, unless he has been imprisoned for a period of not less than one year in the state prison. (Sec. 11358)

Possession of Marijuana for Sale: Every person who possesses for sale any marijuana, except as otherwise provided by law, shall be punished by imprisonment in the state prison for a period of between two and ten years and shall not be eligible for release upon completion of sentence or on parole or any other basis until he/she has been imprisoned for a period of not less than two years in state prison. (Sec. 11359)

Transportation or Sale of Marijuana: Every person who transports, imports into this state, sells, furnishes, administers or gives away or offers to transport, import into this state, sell, furnish, administer or give away or attempts to import into this state or transport any marijuana shall be punished by imprisonment in the state prison for a period of five years to life and shall not be eligible for release upon completion of sentence or on parole or any other basis until she/he has been imprisoned for a period of not less than three years in the state prison (Sec. 11360)

Possession of drug paraphernalia: It is unlawful to possess and opium pipe or any device, contrivance, instrument or paraphernalia used for unlawfully injecting or smoking a controlled substances, which is classified as a narcotic drug.

Unauthorized Possession of Controlled Substances: Except as otherwise provided…every person who possesses (1)any controlled substance or (2) any controlled substance which is a narcotic drug, unless upon the written prescription of a physicians, dentist, podiatrist or veterinarian licensed to practice in this state, shall be punished by imprisonment in state prison for a period of not less than two years or more than ten years and shall not be eligible for release upon completion of sentence or on parole or any other basis until she/he has been imprisoned by for period of not less than two years in the state prison. (Sect 11350)

Possession for Sale of Controlled Substances: Except as otherwise provided…every person who possesses for sale (1) any controlled substance or (2) any controlled substance which is a narcotic drug shall be punished by imprisonment in the state prison for a period of not less than five years or more than 15 years and shall not be eligible for release upon completion of sentence or not parole or any other basis until she/he has been imprisoned for a period of not less than 2 fi years in the state prison. (Sec. 11351)

Possession with Intention to Manufacture Methamphetamine: Any person who possesses both methlamimine and phenyhl-2propanone (phrnylacetone) at the same time with the intent to manufacture methamphetamine is guilty of a felony and shall be punished by imprisonment in the state prison for between one and five years. (Sec.11383).

The Health Risks of Drugs

The use of drugs poses significant health risks. Drugs can create psychological dependence, which is defined as a need or craving for the substance and can produce feelings of restlessness, tension or anxiety when the substance is withdrawn. Prolonged use can lead to tolerance, characterized by the need for increasing amounts of the substance to achieve the same effect. As tolerance and psychological dependence develop, judgment becomes impaired. People do not realize that they are losing control over the use of the substance and that they need help. Drugs such as LSD,  amphetamines, and marijuana alter emotion, cognition, perception, physiology and behavior in a variety of ways. Serious health risks include depression, apathy, hallucination, paranoia, and impaired judgment among other things. LSD has caused psychotic breaks in a number of students. All these substances have adverse effects on pregnancy. When two or more substances are combined, there is often an effect that is stronger than their additive sum.

Students find that drug use is incompatible with high-level academic performance. The depression, apathy, and distraction that accompany drug use have resulted in poor academic performance (failing grades) and the need to take a leave from Pomona in order to receive adequate treatment for substance abuse problems.

Harassment and Discrimination Policy and Complaint Procedures

Introduction

The following policy is self-contained and shall not be considered relevant to any Judiciary Council or Student Affairs Committee hearings.

The Harassment and Discrimination Policy is a comprehensive one because it applies to students, to faculty and to staff. The procedures used to handle complaints vary somewhat depending on who is involved in an allegation of harassment or discrimination-student and student, student and faculty, student and staff, faculty and faculty or staff and staff. The principal differences in the policies lie in the methods of appointing hearing panels and in the consequences for violations of the policy. For example, a faculty or staff member might face loss of employment in a serious case, while a student might be expelled from the College.

The procedures described here are those that will apply when a student lodges a complaint against another student. In addition, if the complaint is against a student but is made by a faculty member or a staff member, these procedures will govern disposition of the complaint but the hearing panel will include both students and faculty members or students and staff members. Complaints against faculty members by either students or staff will be resolved according to the procedures in the Faculty Handbook, and complaints against staff members by either students or faculty will be resolved according to the procedures in the Staff Handbook. Students may obtain copies of the faculty and staff policies from the Office of Student Affairs.

Statement of Policy

Pomona College seeks to maintain an environment of mutual respect among all members of its community. All forms of harassment and discrimination on the basis of sex, religion, color, race, national origin, ancestry, sexual orientation, physical or mental disability, age, gender identity and expression or any other basis otherwise prohibited by state or federal law, destroy the foundation for such respect and violate the sense of community vital to the College’s educational enterprise.

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

Students, faculty, or staff who believe they are being harassed or discriminated against, have observed harassment of, or discrimination against, another person at the College in violation of this policy, or believe such conduct has occurred, should immediately report the incident following the complaint-reporting procedures below.

Discrimination and Harassment Defined

Discrimination is the denial of opportunity to, or adverse action against, a person because of that person’s sex, gender identitity and expression, religion, creed, color, race, national or ethnic origin, ancestry, sexual orientation, physical or mental disability, age, marital status, or any other basis described in Pomona College’s Nondiscrimination Policy or otherwise prohibited by state or federal law. Actions or policies that provide unequal opportunity in education or employment or adversely affect the terms and conditions of a person’s education or employment at the College, and which are motivated or based, in whole or part, upon any of the foregoing categories, can constitute discrimination in violation of this policy. For example, a faculty member who subjects a student to a stricter grading standard than others due to the student’s race would violate this policy.

Harassment can take many forms and it needs to be emphasized that harassment can be, and often is, nonphysical, including verbal or visual conduct such as words, pictures, gestures, and other forms of expression. To count as harassment under this policy, such conduct must: a) be based upon a person’s sex, religion, color, race, national origin, ancestry, sexual orientation, gender identity and expression, physical or mental disability, age or any other basis otherwise prohibited by state or federal law b) be offensive to the individual complaining of harassment and offensive to a reasonable person, and c) be so persistent, repetitive, pervasive or severe that it has the effect of substantially interfering with an individual’s academic or professional performance by creating an intimidating, abusive or hostile educational, employment or living environment at the College. Harassment may also occur when submission to conduct described above is made either explicitly or implicitly a term or condition of an individual’s employment, education, living environment at the College, or participation in a College activity.

Sexual harassment, like other forms of harassment, clearly endangers an atmosphere of civility and respect and is not tolerated at Pomona College. In addition to the types of conduct summarized above, sexual harassment can include unwelcome conduct such as sexual advances, unwanted touching, and conversation containing sexual comments.

The College’s definition of sexual harassment is based on the definition formulated by the federal Equal Employment Opportunity Commission, as follows:

Sexual harassment may be described as unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature when:

1. Submission to such conduct is made either explicitly or implicitly a term or condition of an individual’s employment, education, living environment at the College, or participation in a College activity; or

2. Submission to or rejection of such conduct by an individual is used as the basis for academic or employment decisions affecting that individual; or

3. Such conduct has the purpose or effect of substantially interfering with an individual’s academic or professional performance by creating an intimidating, abusive or hostile educational, employment, or living environment at the College.

In addition, in order to constitute sexual harassment, the conduct must be offensive to the individual complaining of harassment and offensive to a reasonable person of the same gender.

Harassment, Discrimination and Free Speech

As an educational institution, Pomona College is committed to the principle of free expression and the exploration of ideas in an atmosphere of civility and mutual respect. Thus, in keeping with the principles of academic freedom, there can be no forbidden ideas.

Pomona College also recognizes that the educational process can often be disturbing and unsettling, particularly when one’s current ideas or values are being challenged. This means that the learning, working, and living environments might not always be comfortable for all members of the college community. The College does not proscribe speech simply because it is offensive, even gravely so. In determining whether an act constitutes discrimination or harassment, the context must be carefully reviewed and full consideration must be given to protection of individual rights, freedom of speech, and academic freedom.

In addition, consistent with California Education Code Section 94367, the definition of harassment contained in this policy and its application to student speech shall be subject to the limitations of the First Amendment to the United States Constitution and Article 1, Section 2 of the California Constitution.

Retaliation and Intentional False Charges Are Prohibited

Retaliation against a person who reports, complains about, or participates in the investigation of harassment or discrimination is prohibited and is a violation of this policy. To protect against such behavior, any individual fearing retaliation may work with the Grievance Officer to devise some measure of protection.

For a student fearing retaliation from another student, protection might include providing a room change when possible, offering an unlisted telephone number or changing hours of work. For a student fearing retaliation from a faculty member, protection might include allowing a late course drop without penalty; or an agreement with the student’s advisor or department chair to review the student’s grading pattern for consistency in the class under question. Similarly, for a student fearing retaliation from a staff member, protection might include the altering of work schedules or living arrangements. Making a knowingly false charge of harassment or discrimination against anyone is also prohibited and is a violation of this policy.

Confidentiality

All investigations will, to the extent possible, be conducted confidentially consistent with the College’s policy to be prompt and thorough. To protect all parties involved in an alleged harassment case, it is essential that the persons involved and any witnesses maintain confidentiality. The breaching of confidentiality is prohibited and is a violation of this policy.

Harassment and Discrimination Complaint and Resolution Procedures

The surest prevention of harassment and discrimination is the clear understanding among all members of the community that such behavior both will not be tolerated and will be reported as soon as feasibly possible. Any student, faculty member, or staff member believing that she or he has experienced or observed harassment or discrimination in violation of this policy, or who believes such conduct has occurred, should promptly follow these complaint procedures:

1. In cases of harassment, approach the harasser and ask him/her to stop. If you are unable to approach the harasser or are unsuccessful in doing so, make a complaint to one of the College’s Grievance Officers.

2. Complaints of harassment or discrimination should be made to any of the following individuals, who are designated by the College as the Harassment and Discrimination Grievance Officers to receive complaints of harassment or discrimination in violation of this policy:

   • The Office of the Dean of Students, Associate Dean Daren Mooko or Associate Dean Marcelle Holmes (Ext. 18017); Dean Ric Townes (Ext. 72239);

   • The Office of the Dean of the College, Associate Dean Katherine Hagedorn (Ext. 18518);

   • The Office of Human Resources, Brenda Rushforth, Director (Ext. 18175), Complaints may be made in person to the Grievance Officer or in a written statement that identifies the complainant, and should be made as soon as reasonably possible after occurrence of the events in question.

Response of the Grievance Officer to Complaints

The Grievance Officer shall respond to every complaint. Upon receipt of a complaint, the Grievance Officer will consult with the complainant. (The complainant is always considered to be the person against whom violations of this policy have allegedly occurred, even if a third party reports a complaint.) The Grievance Officer may, after investigation, determine that the conduct complained about clearly does not constitute harassment or discrimination and so inform the complainant.

The Grievance Officer may also determine that although the conduct does not constitute harassment or discrimination, if left unchecked it could develop into harassment or discrimination. In this case the Grievance Officer will speak with the student engaging in this conduct and/or take other steps to prevent such harassment or discrimination from occurring. An effective harassment and discrimination policy involves taking every opportunity available to educate those who may not realize that certain conduct could constitute harassment or discrimination if left unchecked.

Investigation

Every complaint will be investigated promptly and thoroughly, including any alleged instances of retaliation, intentional false charges, or breaches of confidentiality. In conducting an investigation, the Grievance Officer will be sensitive to the possibility of retaliation by the respondent as the result of the initiation of an investigation. The Grievance Officer may, at his or her discretion, appoint an outside neutral investigator to assist in conducting the investigation.

As part of the investigation process, the Grievance Officer may ask, but not require, the complainant to submit a signed, written statement concerning the allegations. This statement should contain all relevant details, such as the names of the people involved, the names of any witnesses, and the times and locations of the alleged harassing behavior.

The Grievance Officer may also prepare a written statement of the charges. If a written statement is prepared, the Grievance Officer will furnish a copy to the respondent, who will normally have one week from the date the charges are sent to respond, either orally or in writing. (The respondent is the person who is alleged to have engaged in harassing or discriminatory behavior under this policy.)

Any documents generated during this process must be kept confidential by the parties involved and not shared with witnesses or persons not involved in the matter. The written charges and/or response are not a required component of an investigation, and there will be no adverse consequence for anyone who declines to submit a complaint or response in writing.

Methods of Solving Complaints

Informal Resolution

This informal procedure is intended to resolve actual or perceived instances of harassment and discrimination through agreement and mutual understanding between the parties involved without the need for more formal action by the College. Informal resolution will normally be completed within four weeks although mediation, if required, may take longer.

After the Grievance Officer completes an investigation, both parties may agree to attempt an informal resolution of a charge of harassment or discrimination. If the Grievance Officer determines that such an informal process is appropriate under the facts and circumstances of the case, one or more of the following, or similar, methods may be utilized:

1. A meeting of the Grievance Officer, the complainant, and the respondent; and/or

2. A meeting between the Grievance Officer and the respondent; and/or

3. A recommendation of training courses or seminars for either principal; and/or

4. Referral of the case to a mediator who has both legal and/or personnel relations experience. The mediator will discuss the issues with both principals and seek appropriate actions by the principals involved to reach an acceptable resolution.

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

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

If either party declines to sign the acknowledgment, the informal procedure will be deemed unsuccessful.

Formal Resolution

In cases where, after investigations, the Grievance Officer determines that there are no material disputes (e.g., where the allegations do not constitute a violation of the policy or where the respondent admits the allegations), the Grievance Officer will prepare a final report and, if a violation of this policy is found, submit the report in the form of a recommendation to the Vice President and Dean of Students for further action without the need for a hearing.

In all cases where informal resolution attempts are not made or have failed, and where there are disputes to resolve, the Grievance Officer will send the charge to a formal hearing. The procedure for formal resolution will normally be completed within three months of receipt of the complainant’s written statement or a written statement by the Grievance Officer, although the process may sometimes take longer.

The complainant will be asked, but not required, to submit a signed, written statement concerning the allegations, if she or he has not already done so. In the event the complainant refuses to submit a statement, or if the statement submitted is not sufficient, the Grievance Officer shall prepare a statement summarizing the charge.

This statement should contain the relevant available details, such as the names of the people involved, the names of any witnesses, the times and locations of the alleged misconduct, and a summary of alleged Student Code violations and circumstances that necessitate hearing before the Harassment Grievance Committee (HDGC). The Grievance Officer will furnish a copy of the charge to the respondent, who will have two weeks in which to submit a written response if he or she chooses, a copy of which will be given to the complainant. These documents must be kept confidential by the parties involved and not shared with witnesses or persons not involved in the matter. There will be no adverse consequences for anyone who declines to submit a complaint or response in writing.

In cases where related complaints are submitted to both the Grievance Officer and the Office of Student Affairs pursuant to the Student Code, the investigation and/or hearing of the harassment or discrimination complaint will be completed first in accordance with this policy, and the results shall be binding on any further proceedings. For example, if in the course of resolving a charge under this policy, the panel also resolves all factual issues necessary to determine whether the Student Code has been violated, there will be no Judiciary Council hearing, and the charge under the Student Code may be sent to a Penalty Board for imposition of a sanction or dismissed, as appropriate. The Penalty Board shall be provided with the vote tally and may take into account the fact that the finding of responsibility was made by a six-member panel instead of an eightmember panel. If the panel resolves some but not all factual issues necessary to determine whether the Student Code has been violated, and if there are further proceedings under the Student Code, the Judiciary Council will consider the finding of the panel as binding, and proceed to decide only the remaining factual issues. The Penalty Board shall be composed entirely of members of the HDGC.

The Grievance Officer will refer the written complaint and the response, if any, to a panel of the HDGC and will notify the President that a formal hearing has been initiated. The submission of these documents to the Committee panel constitutes the opening of the formal procedure. The HDGC will select six members to form a hearing panel in the manner described in Section IX below. Selection will normally be made within one week of receiving the response (or expiration of the two-week response period) or sooner if the response is already on file. The panel will be chaired by the Grievance Officer. The complaint and respondent will be informed of the composition of the panel and have the right to one peremptory challenge each. The complainant and respondent may also indicate at this point if they think any members of the panel have a conflict of interest. The panel will make the final determination as to whether or not such a conflict of interest exists, and may consult with the Grievance Officer in making its determination. Individuals removed from the panel as a result of these challenges will be replaced according to the procedures outlined in Section X below. Normally, within one week of their selection, the members of the Committee panel will meet to discuss the complaint and the response.

The panel will conduct a prompt, thorough, and unbiased hearing. It will invite the complainant and respondent to appear before it, and will hear and question witnesses, if there are any. The complainant and respondent may be present at the hearing if they choose. The panel will conduct its own inquiry, receiving whatever information it deems necessary to assist it in reaching a determination as to the merits of the charge, including information obtained by the Grievance Officer during the initial investigation. The panel may also rely upon the investigation conducted by the Grievance Officer. Both parties may provide, for the panel’s consideration, the names of any witnesses they suggest be called.

If the panel determines that “new” evidence has been presented during the hearing, the panel may adjourn the hearing for a period that the panel deems appropriate to enable the complainant and/or respondent to respond to such evidence. Evidence is considered “new” only if the panel believes the evidence is relevant and important and could not with a reasonable effort have been discovered earlier by the party.

The panel will base its determination whether behavior constitutes discrimination or harassment under the policy on the evidence presented.

The hearings will be closed, except to the principals, and the attendance of lawyers will not be permitted. Each principal may have an advisor from within the College community, approved by the panel, at the hearing. The advisor may consult with the party but may not address the hearing panel. Once the hearings have ended and the process of deliberation has begun, meetings of the panel will be closed to all but panel members and the Grievance Officer. All proceedings will be confidential and will not be discussed outside the process. The parties and any witnesses and advisors must keep the hearing proceedings strictly confidential. The HDGC may only find responsibility for charges or pieces of charges that appear on the statement prepared by the Grievance Officer. For example, harassment that not found to be based on discrimination against any protected group may result in a finding of responsibility only for general harassment.

Decisions of the HDGC will be by majority vote and limited to the issue of whether, in the panel’s judgment, a violation of this policy has occurred. Decisions shall be based on the standard of “clear and convincing” evidence. The Grievance Officer shall not vote except in cases of a tie or when the panel is otherwise unable to reach a conclusion. As soon as a decision on the case is reached, it will be summarized in writing in the form of a recommendation to the Vice President and Dean of Students. The form and content of the panel’s written decision, which shall contain factual findings and a written summary of the basis for the conclusion, shall be agreed upon and signed by all panel members. A confidential copy of the panel’s report will be given to the complainant and the respondent and will be placed in permanent confidential records in the Office of Student Affairs and available to its Grievance Officers.

The HDGC, upon a finding of responsibility, shall recommend a sanction to the Vice President and Dean of Students. The Vice President and Dean of Students will have access to the complete record of the case and will determine any sanctions to be imposed or corrective action to be taken. The Vice President and Dean of Students may consider both the gravity of the offense and prior conduct record in determining sanctions to be imposed on the violator. The Vice President and Dean of Students will communicate the decision to the Grievance Officer, panel, and the parties within two weeks. The Vice President and Dean of Students will also enter the decision in the permanent record of a student found to have violated this policy.

In cases where related complaints are submitted to both the Grievance Officer and the Office of Student Affairs pursuant to the Student Code, the investigation and/or hearing of the harassment or discrimination complaint will be completed first in accordance with this policy, and the results shall be binding on any further proceedings.

Sanctions

Sanctions for a violation of this policy may range from a warning to expulsion. Intermediate sanctions may include suspension or required attendance at training courses and seminars, among other things. In appropriate cases, the Vice President and Dean of Students may temporarily suspend a student accused of violating this policy pending an investigation and/or hearing. Other interim steps, such as separating the complainant and respondent or modifying class schedules, may also be employed while the investigation and/or hearing is in progress.

Appeal of Decision

Once any case has been resolved, any student sanctioned for a violation of this policy by the formal procedure may appeal the decision to the President of the College. The complainant also has the right of appeal to the President in cases where a sanction is not imposed. Any appeal must be filed within one week of notification of the decision. The President will have access to the complete record of the case. The President may reverse or uphold the decision in its entirety or may refer the case back to the Grievance Officer or panel or, if appropriate, to the Vice President with a request for reconsideration based upon specific objections. Written notice of any appeal decision shall be provided to both parties and the Grievance Officer. The Grievance Officer will inform any HDGC members who are still at the College of the appeal decision. Any sanctions imposed shall remain in effect while the appeal is being considered.

Record Keeping

Each of the Grievance Officers will register each complaint of harassment or discrimination he or she receives. Records relating to such complaints will be confidential and maintained separately from other College records in secure locations in the offices of the Grievance Officers. Records of allegations maintained by the Grievance Officers, which do not result in sanctions normally will be discarded after four years unless there are additional complaints against the same person within this four-year period.

Appointment and Duties of a College Grievance Officer

A senior administrator from the Office of the Dean of Students and a senior administrator from the Office of Campus Life serve as Grievance Officers for Students Affairs. In addition, a senior administrator from the Office of the Dean of the College and the Director of Human Resources also serve as College Grievance Officers. The office responsible for the category of the respondent (i.e. student, faculty, or staff) normally will be in charge of the investigation. When a student is the respondent, the Vice President and Dean of Students will determine which Grievance Officer for Student Affairs will handle the matter. It will be the responsibility of each Grievance Officer to:

1. Administer and conduct investigations pursuant to this policy;

2. Maintain and monitor confidential records relating to complaints brought under this policy;

3. Initiate formal or informal resolution procedures as appropriate.

The Grievance Officers shall also have the authority to:

1. Coordinate with the other Grievance Officers an on-going, campus-wide educational program designed to help all members of the Pomona College community understand, prevent, and combat harassment and discrimination;

2. Oversee the dissemination of this policy;

3. Suggest training courses and seminars as part of the informal resolution process;

4. Initiate follow-up with respect to cases that have been resolved; and

5. Provide annual reports to the President and to the whole Pomona College community on efforts against harassment and discrimination at the College.

The Harassment and Discrimination Grievance Committee

The Harassment and Discrimination Grievance Committee will consist of six faculty members, six staff members, and six student members appointed by the President, with the possibility of reappointment. Ordinarily each group, i.e. faculty, staff, and students, will consist of three males and three females, chosen with regard to the heterogeneity of the College community. In addition to these 18 full members, the HDGC will have six other student members, ordinarily three males and three females, selected from the Judiciary Council, whose participation will be limited to cases in which the complainant and the respondent are both students. The College Grievance Officers will receive nominations for members of the Harassment and Discrimination Grievance Committee from the Faculty Executive Committee, the Staff Council, and the Associated Students of Pomona College.

At the beginning of each academic year, members of the HDGC will receive education on the grievance procedures as well as problems and issues that arise in discrimination and harassment cases. The HDGC will select six of its members to conduct a hearing under the formal resolution procedures. In all cases of alleged sexual or gender harassment, three of the six panelists will be the same gender as the complainant. If the complainant is a student, the panel will consist of six students selected from the 12 student members of the HDGC. If the complainant is not a student, the panel will consist of three students from the six full members of the HDGC and three members of the committee from the category of the complainant. If, for some reason, an individual cannot serve on a panel, e.g. because of peremptory challenge or because the panel determines that one of its members has a conflict of interest, and cannot be replaced from among other members of the HDGC, an alternate will be selected from the faculty, staff, or student bodies at large by the Faculty Executive Committee, the Staff Council, or the Associated Students of Pomona College as appropriate. After the panel has been selected, the Grievance Officer may indicate any instances where a conflict of interest exists, and an alternate will be appointed as set forth above.

Additional Opportunities for Reporting Harassment and Discrimination

Because harassment and discrimination can also constitute violation of federal and state law (Title VII of the Civil Rights Act of 1964, Title IX of the Education Amendments of 1972, and/or Section 12940 of the State of California Government Code), any individual who feels that she or he has been subjected to harassment or discrimination may, in addition to notifying the College by using the complaint reporting procedures outlined in this handbook, file a complaint with the appropriate state or federal agencies. Such complaints may be filed with the California Department of Fair Employment and Housing (DFEH) or the comparable federal agency, the Equal Employment Opportunity Commission (EEOC). Complaints may also be filed with the federal government’s Office of Civil Rights (OCR).

Review of Policy

This policy will be reviewed from time to time by the Student Affairs Committee and/or administration and modified when appropriate.

Potentially Coercive Relationships Between Students, Faculty, and Staff

Sexual harassment may be at issue in relationships that begin as consensual ones. Anyone in a position of institutional authority over other persons should be sensitive to the potential for coercion in sexual relationships that also involve professional relationships. These problematic relationships may involve persons in a position of authority over their institutional subordinates or they may involve those who teach and counsel students. The recommendations and requirements described below and included as policy statements in both the Pomona College Faculty Handbook and the Pomona College Staff Handbook are designed to protect the integrity of the College’s instructional, counseling, and supervisory responsibilities by separating sexual relationships from professional ones.

All faculty and many staff are potentially in a position of power with regard to students; hence, sexual relationships between employees and students are normally inappropriate. A sexual relationship between them, however, is altogether unacceptable when a faculty or staff member actually does have teaching, evaluative, advising, or supervisory responsibilities for a student, even if the parties involved view the relationship as consensual.

To protect the integrity of the educational process, the College expects a faculty or staff member to:

1. refrain from taking any teaching, evaluative, counseling, or supervisory roles involving a student with whom he or she has had a sexual relationship in the past, unless circumstances warrant a waiver.

2. remove himself or herself from any teaching, evaluative, counseling, or supervisory role involving a student with whom he or she is currently having a sexual relationship, even if it is considered consensual.

Since the absence of the faculty or staff member may deprive the student of educational, counseling, or career opportunities, both parties should be mindful of the potential costs to the student before entering into a sexual relationship. If they nonetheless choose to do so, and the faculty or staff member currently has professional responsibilities for the student, the parties involved should consult with either party’s Vice President about how best to implement the removal, abiding by the Vice President’s decision. A faculty or staff person who does not abide by rules (a) and (b) is at substantial risk under College policy of complaints of coercion or of preferential or prejudicial treatment. Should the complaint be found valid, the faculty or staff member will also be subject to disciplinary action.

A sexual relationship with a member of the faculty or staff for whom one has professional responsibilities may similarly put claims of consent into question or raise questions of unfair evaluation. To protect the integrity of the working relationships among employees, the College expects anyone in a position of authority to:

1. refrain from taking any supervisory, evaluative, or counseling roles involving a subordinate employee with whom he or she has had a sexual relationship in the past, unless the circumstances warrant a waiver.

2. remove himself or herself from any supervisory, evaluative, or counseling role involving a subordinate employee with whom he or she is currently having a sexual relationship.

The parties involved should consult with either party’s Vice President concerning the need for a waiver or a removal. The Vice President shall grant or deny the waiver or arrange for the removal, and the parties involved shall abide by the administrator’s decision. A faculty or staff person who does not abide by rules (a) and (b) is at substantial risk under College policy of complaints of coercion, or of preferential or prejudicial treatment. Should the complaint be found valid, the faculty or staff member will also be subject to disciplinary action.

Hate Crimes and Bias-Related Incident Protocol

What is a Hate Crime?

A hate crime is a criminal act that is committed against the person or property of another because of the other person’s actual or perceived race, color, religion, ancestry, national origin, disability, gender identity or expression and sexual orientation.

Hate crimes also include any such crimes committed against the property of a public agency or private institution - including educational facilities and advocacy groups - because the property of the agency or institution is identified or associated with a person or group of an identifiable race, color, religion, ancestry, national origin, disability, gender or sexual orientation.

Some hate crimes may violate California and/or federal law, and the conduct underlying them may violate Pomona College’s policies, including provisions of the Student Code and the Harassment and Discrimination Policy.

What is a Bias-Related Incident?

Bias-related incidents are expressions of hostility against another individual (or group) because of the other person’s (or group’s) race, color, religion, ancestry, national origin, disability, gender identity or expression and sexual orientation, or because the perpetrator perceives that the other person (or group) has one or more of these characteristics. Depending on the circumstances, a bias-related incident may not be a crime, and may be protected speech. The conduct underlying some bias-related incidents may violate the College’s policies, including provisions of the Student Code and the Harassment and Discrimination Policy.

How Do Free Speech Requirements Impact Bias-Related Incidents / Hate Crimes?

Free Speech requirements protect many forms of “hateful” and intolerant speech and expressive conduct, including that which occurs during such common College activities as debates, speeches, arguments, conversations, classroom discussions, lectures, distribution of flyers and displaying of posters. In certain contexts, courts have found speech and expressive conduct to be protected that many in our community would find repugnant, including such things as display of the confederate flag, nazi symbols, cross burning, and flag burning. Such speech and expressive conduct, however, may be inconsistent with the College’s community values and it may present an opportunity for open dialogue, debate and better understanding othe scope of protected speech and the role of tolerance in a community.

Guidelines for Responding to Hate Crimes and Bias-Related Incidents

These guidelines do not alter any College policies - such as the Student Code and Harassment and Discrimination Policy - and are designed to address incidents that violate such policies as well as those which do not. It envisions instances of protected (but hateful or intolerant) speech that may generate harm requiring intervention without discipline. Bias-related incidents need to be addressed because they harm individuals, undermine civility and understanding in the Pomona community, or impede the educational process. Public discussion and education can promote awareness of prejudice and examination of the values that underlie the Pomona community.

What Should a Student Do If She or He has been the Target of a Hate Crime or a Bias-Related Incident?

All hate crimes and bias-related incidents should be reported to the Office of Student Affairs immediately. If the incident occurs after normal business hours or on the weekend, the student should contact her or his RA and the RA will contact the Dean of Students and the On-Call Dean on the student’s behalf.

In appropriate circumstances, the incident should also be reported to Campus Safety and law enforcement agencies. Students who have been the target of such an incident can also get support and assistance from the Office of Campus Life, Monsour Counseling Center, Office of Black Student Affairs, Asian American Resource Center, Chicano/Latino Student Affairs, Queer Resource Center, Women’s Union, the Chaplaincy, and from his or her RA.

Although hateful messages on such things as flyers, posters, e-mail, answering machines, dry erase boards and graffiti are often obnoxious or worse, it is helpful to preserve them as evidence, and not to disturb or remove anything that could help identify the source and/or targets or other affected persons.

How Will Pomona College Respond in Such Cases?

The College believes it is important to respond to a hate crime or bias-related incident with concern for the student who has been targeted and the community as a whole.

If a particular student has been targeted, the Dean will assist the student in documenting the event and will explain the options for addressing what has occurred. If the incident is a crime, the student will be assisted in contacting the police. If the incident involves the violation of a College policy, the procedures for investigation and resolution under that policy will be undertaken.

A wide range of assistance is available to students who are targeted. The Dean will assist with referrals to the counseling center, the chaplain or the head of the relevant ethnic/cultural center. The Office of Student Affairs will try to ensure that the affected student feels safe in his or her residential environment and will, if appropriate, adjust campus housing, and change course schedules. The Dean will also offer help documenting the event (i.e. taking photos of dry erase boards or items placed on the student’s door); help in talking with/filing a complaint with Campus Safety and/or the police; advice about initiating disciplinary action against the offender; assistance in arranging counseling or other forms of support, including the campus escort service or help in initiating mediation between the affected student and the offender.

When hate crimes and bias-related incidents occur on campus, they can strain the fabric of the community. The Office of Student Affairs will consider what sort of communication about the incident is appropriate, taking into account various interests such as personal safety and confidentiality.

In some cases, public discussion about the incident can serve to educate the community and promote awareness of prejudice. Programs that address bias-related incidents can change a hateful incident into an opportunity for increased understanding and personal growth. The targeted student may elect to participate in such a College-sponsored discussion of the incident. In some cases, the Office of Student Affairs may, in collaboration with other offices on campus and with students to offer programs that include one or more of the following: residence hall discussions, open forums, panels, films, speakers and other educational programming. Among other things, these events may serve to help the community understand and address what has occurred. The RA staff within each residence hall also will be prepared to provide leadership in responding to such events.

What Guidelines Will Govern the College’s Response? (Incident Response Team)

The College has established an Incident Response Team (IRT) to address issues relating to hate crimes and bias-related incidents. The IRT is composed of the Dean of Students, and one or two staff members in Student Affairs, one or two members of the faculty and student representative chosen from the campus community. All members of the IRT must be Pomona faculty, students or staff.

Student members of the IRT will be selected from the general student population. When deemed applicable, students may be chosen from among the following groups: Pan African Student Association (PASA), Asian American Mentor Program (AAMP), CLSA Liaisons, the Women’s Union, the QRC and/or at large students. Representatives from other organizations may be invited to participate in the IRC if hate crimes or bias related incidents occur on campus that affect their members. The Dean of Students, a Student Affairs Staff member and two students selected from IRT may function each year as a Steering Committee. The Steering Committee will respond to hate incidents, work on publicity, plan events, and schedule meetings of the full IRT as required. Campus Safety may work with the IRT in order to improve communication about incidents. The Claremont Police Department may also be invited for discussion of campus hate and bias-related incidents and may be asked to meet with the IRT from time to time.

When a hate crime or a bias-related incident is reported to the Office of Student Affairs, the Dean of Students will inform the President, the Director of Campus Safety, the Academic Vice President and the IRT. However, a student may request a confidential conversation with the Dean, in which case the IRT and other offices will not receive a report of the case. A student may also ask an RA, Mentor, or Sponsor to report an incident to the Dean or the IRT on her or his behalf.

Goals of the Incident Response Team

The IRT will meet periodically to:

• Develop recommendations to help the Dean of Students determine when and how the community should be informed of a hate crime or bias-related incident that has occurred at Pomona, recognizing that in every case the Dean will need to make that determination according the circumstances of the case. For example, in some cases a senior officer of the College may write to all faculty, students and staff. In other cases, a communication from the IRT itself may be appropriate. In still other cases, the Dean may determine that no communication is necessary or appropriate.

• Discuss the types of effective programming that might be undertaken in response to hate crimes and bias-related incidents after they occur.

• Undertake education of the community about hate crimes and bias-related incidents, so that students have access to information about the issues and how incidents can be reported. For example, the IRT may be asked to advise on a poster or a sticker that can be visible on campus and on a more detailed pamphlet discussing hate crimes and bias-related incidents.

When an incident occurs, the full team or the Steering Committee will gather to review what has occurred and to make recommendations to the Dean of Students about the necessity and the nature of a public response, on the information that will be released in a public statement, and on effective educational programming.

The recommendation of the IRT will govern the College’s response to the incident. However, the Dean of Students may decline to follow the IRT’s recommendations when, in the Dean’s judgment, the action proposed is inappropriate or harmful.

If a majority of the IRT disagrees with the Dean’s decision, that decision may be appealed to the Vice President and Dean of the College, whose decision in the matter will be final.

Members of the IRT are required to keep strictly confidential all information about incidents on campus that they obtain as a result of their participation in the IRT, and to publicly discuss only such information that has already been made publicly available by the Office of Student Affairs.

Sexual Assault and Misconduct Policy

Pomona College expects that every member of the community will adhere to the highest standards of behavior in sexual conduct. Sexual interaction accomplished by force, duress, threat of force, coercion or intimidation or during incapacitation by drugs or alcohol use will not be tolerated by Pomona College. This policy is intended to set minimum standards of conduct and to outline behavior that is not acceptable.

Definition of Consent

Consent requires a verbal or non-verbal agreement to engage in or continue to engage in sexual activity. A subjective belief that consent exists shall not be sufficient, the belief must be reasonable under the circumstances.

Consent cannot be obtained by means of duress, force, violence, or fear of bodily injury on the person of another. This includes a person using his or her authority over another person to coerce that person to participate in a sexual act, or using a threat, direct or implied, to coerce another person to participate in a sexual act.

Consent cannot be obtained from a person who is unconscious.

Consent cannot be obtained from a person who is incapacitated by any intoxicating or anesthetic substance or any controlled substance.

Consent can be withdrawn. Thus, even if a person agreed to sexual interaction or continued sexual interaction, that person has the right to change her or his mind, irrespective of how much sexual interaction may have already taken place.

Definition of the Offenses

1. An act of sexual intercourse, oral copulation, or penetration by a foreign object (including digital penetration) accomplished with a person under the following circumstances:

   1. Where it is accomplished against the person’s will by means of duress, force, violence, or fear of bodily injury on the person of another.

   2. When the person at the time is unconscious.

2. An act of sexual intercourse, oral copulation or penetration by a foreign object (including digital penetration) accomplished without consent.

3. An act of sexual intercourse, oral copulation, or penetration by a foreign object (including digital penetration) accomplished with a person who is incapacitated by any intoxicating or anesthetic substance, or any controlled substances, and the student’s prior consumption of drugs or alcohol was known to the respondent because the respondent played a role in getting him or her to an intoxicated state.

4. An act of sexual intercourse, oral copulation, or penetration by a foreign object (including digital penetration) accomplished with a person who is incapacitated by any intoxicating or anesthetic substance, or any controlled substance when the individual’s prior consumption of drugs or alcohol was known by the respondent but the respondent did not play a role in getting the person to an incapacitated state.

5. An act of touching or cornering another person in a sexual manner under the following circumstances:

   1. Where it is accomplished against the person’s will by means of duress, force, violence, or fear of bodily injury on the person of another.

   2. When the person at the time is unconscious.

6. An act of touching or cornering another person in a sexual manner without consent.

Policy on Evidence

The College considers the primary evidence to be the testimonies of the student alleging the sexual misconduct or assault and the accused or anyone who witnessed the degrees of intoxication of the involved persons near the time of the alleged incident. In addition, the testimony of anyone who saw or talked to the student or the accused immediately after the incident would be considered relevant. (For example, a student might tell a friend about unwanted sexual contact immediately after the incident, and this friend would then be qualified to testify to the student’s emotional or physical state.) Any physical evidence or testimony of anyone who witnessed the incident would also be considered relevant.

Some areas of inquiry are not appropriate in determining whether or not the code has been violated. Whether or not the student has had sexual relations with anyone other than the accused is not relevant in reaching a finding. How the student dresses or whether the student is or has been flirtatious is not relevant. Whether or not the student and the accused have previously had sexual relations with each other may in some cases be a relevant factor but in no case is it a determining one.

Sanctions

Sanctions for violation of the sexual assault and misconduct policy may range from expulsion or suspension from the College through restrictions on campus privileges, required alcohol or drug counseling, conduct probation, community service or other penalties as outlined in the Student Code. The severity of the sanctions will depend upon the extent to which the student is coerced or manipulated or denied the opportunity to express her or his wishes in a sexual situation, on the degree of obvious intoxication of the student and on any prior disciplinary history of the respondent. Violations involving the use of force will generally incur the most severe sanctions. Less serious acts of sexual misconduct may, with the survivor’s consent, be resolved through mediation rather than by the Judiciary Council.

Reporting Sexual Misconduct or Sexual Assault to College Officials

Survivors of any act of sexual misconduct or assault are encouraged to seek assistance immediately and to report the incident to a Dean in the division of Student Affairs as soon as possible. In addition, the student Advocates for Survivors of Sexual Assault are available to assist survivors throughout the reporting process and can be contacted at any stage. The Advocates are a student-initiated, student-centered group formed in response to concerns about supporting survivors at Pomona College. The mission of the Advocates is to educate the campus community about the complex issues that underlie sexual assault, support individual survivors in meeting with the Deans and counselors and to work for institutional change. The Advocates educate the community through workshops and informed dialogue about various forms of sexual assault and how they are reinforced through our daily actions. By establishing a common understanding of sexual assault, the Advocates challenge the Pomona community to stop sexual assault and to resist cultures of violence. The group works closely with the Deans and Monsour Counseling Center providing support and information to survivors of sexual assault and serving as a gateway to additional resources.

Step 1: Treatment

First priority is given to arranging any necessary treatment for a survivor of sexual assault or misconduct. Sexual interaction that involves violence and/or penetration may produce physical trauma and is a crime. The Dean or other College officer first notified of the sexual assault may encourage the student to seek treatment for trauma and to guard against the possibility of sexually transmitted diseases and pregnancy. There are several options for treatment.

Treatment Option 1: Go to the Pomona Valley Hospital Medical Center Emergency Room

Pomona Valley Hospital Medical Center

1789 North Garey Avenue

Pomona, California

909-865-9500

At the emergency room, the survivor will be examined and treated for physical injuries or sexually transmitted diseases. Because the assault on him/her is a crime, the hospital has an obligation to inform the police. The police will interview him/her at the hospital regarding the assault. The survivor will have a choice as to whether to allow collection of evidence and whether to go forward with a prosecution.

If the student decides that the hospital is the appropriate treatment option, the Dean will assist with arrangements for transportation and will contact or assist in contacting the Advocates for Survivors of Sexual Assault or the Rape Crisis Hotline of Project Sister (909-626-4357) to ask that a counselor meet the student at the hospital.

If criminal or civil prosecution is being considered, a hospital visit is important. She/ he should not shower or change clothes. Additionally, a female student should not douche. She or he should bring a fresh change of clothes to the hospital. If the student has already changed clothes, he/she should put the clothes worn at the time of the assault into a bag and bring them to the hospital.

The emergency room at Pomona Valley Hospital Medical Center is equipped with rape kits for collecting and preserving evidence. A student who goes to the hospital may have a friend accompany him/her. In addition, Deans, RAs, Advocates for Survivors of Sexual Assault, same sex officers from Campus Safety, the Claremont Police Department, and Project Sister are available to accompany and remain with a student at the hospital while an examination is being conducted and/or a report is filed.

Treatment Option 2: Use other Community Resources

A student who does not wish to go to the hospital or for whom the instance of sexual misconduct does not make a hospital visit necessary should receive treatment/assistance from some other resource such as his/her personal physician, Planned Parenthood, or Monsour Counseling and Psychological Services Center.

Planned Parenthood

2900 Royalty Drive

Pomona, California

909-620-4290

Monsour Counseling and Psychological

Services Center

Claremont, California

909-621-8202

An on-call psychologist from Monsour can be paged after the regular hours for the center by calling Campus Safety at 909-607-2000 and asking that the on-call psychologist be paged to call the student.

Step 2: Contact the College Representative

A Pomona student who experiences any form of sexual assault or misconduct should contact a dean in the Office of Student Affairs (18017) even if she or he does not intend to prosecute or bring an action to the Judiciary Council. Outside of normal business hours, one can always reach a dean by calling Campus Safety (72000) and having the on-call dean paged, or one may contact an RA.

Generally, the Dean will not initiate action of legal or college judicial nature without the consent of the affected student. All instances of sexual assault (but not all cases of sexual misconduct) must be reported to Campus Safety, although the student’s name or identity need not be reported.

Step 3: Notification of Others That an Assault Has Occurred

The Dean will notify the President and the Director of Campus Safety that sexual assault or misconduct has occurred, maintaining confidentiality if confidentiality is requested.

Step 4: Referral for Support

The Dean will provide information about sources of support at or near Pomona, either directly or through the individual representing the survivor. Of particular value will be

Rape Crisis Hotline Project Sister

909-626-4357

Monsour Counseling and Psychological Services Center

909-621-8202

The Dean will assist the student in changing academic and living arrangements if these changes are requested and are reasonably available.

Step 5: Referral for Prosecution or Mediation

The dean will explain to the affected student options for pursuing action, should the student wish to take that course. The College’s Sexual Assault and Misconduct policy is not intended to replace the criminal and civil justice systems. Students can file crime reports and/or civil suits while, at the same time, going through Pomona’s student judicial system. Informal discussion and mediation are also options. Generally, the Dean will not initiate action of a judicial or legal nature without the consent of the affected student. The Dean’s role is to explain all of the options available for pursuing action, should the student wish to take that course. The Dean will also help the student receive counseling and other supportive resources.

Options that the student may wish to consider (listed from most serious to least serious in nature):

1. Report the incident to the police for prosecution. An obligatory report must be filed with Campus Security. However, the student’s name may be omitted from the report if he/she prefers.

2. File a Pomona College Judicial Complaint. This process is initiated by making a complaint to a Dean in the Office of Student Affairs (see handbook for explanation of Judicial Board proceedings).

3. Request a Dean’s Sanction. The student may request that the Dean interview all parties and, when appropriate, impose a sanction commensurate with the severity of the offense. However, in compliance with the Student Code, students may not be expelled or suspended as a result of this procedure and students sanctioned by a dean may petition the Judiciary counsel chair to request a hearing.

4. Request Mediation. At the request of the survivor (and when the respondent agrees), the dean may mediate or seek outside mediation to facilitate resolution of the incident.

5. No action. The complainant may report an incident but ask that no further action be taken. Should the dean determine that the welfare of others on campus is at risk because of the respondent’s conduct or the nature of the report, the dean may encourage the complainant to pursue one of the options discussed above.

In all cases of sexual assault, the college encourages survivors to take advantage of counseling and support systems on and off-campus.

Reporting Results of Disciplinary Hearings

The survivor of any sexual assault, misconduct or physical abuse which is the basis of any disciplinary action taken by the College, shall be given notice of the results of the disciplinary action.

Telephone Numbers for Assistance

On Campus

Off Campus

Committee for Continuing Education on Sexual Misconduct

This committee will consist of one (1) faculty member, one (1) staff member, the Commissioner of Community Relations from ASPC, an Advocate for Survivors of Sexual Assault, a Judiciary Council Chair and a staff member from Monsour Counseling and Psychological Services. The committee  shall meet at least twice a semester to review any reports regarding action taken in response to complaints of sexual assault. The committee shall meet to share information for each committee member to take back to her or his respective organizations. The committee shall also plan one educational campaign per year regarding sexual assault for both faculty and students.

Policy on Disciplinary Records

A Pomona College student acquires a disciplinary record with the College if she or he is sanctioned by the Judicial Council, Academic Discipline Board, Student Affairs Committee, or by one of the Deans or Associate Deans of Student Affairs or Campus Life for a violation of the Pomona College Student Code or other disciplinary policies. Sanctions imposed by faculty members or other College officials may also result in a disciplinary record. Non-Judicial Board disciplinary action concerning fines is not considered part of the official disciplinary record for post-graduation purposes (i.e. employment or graduate school admission). Other sanctions issued by Deans may also specify that they will not be considered part of the official disciplinary record for post-graduation purposes. The length of time that Pomona College maintains a disciplinary record is determined by the severity of the sanction that has been imposed. If the sanction is a warning, probation, fine, limitation on participation, restitution, or discretionary sanction (such as community service, the writing of a research paper, or attendance at AAmeetings), the disciplinary record will be maintained for five years following the date of the offense.

If the sanction is a residence hall suspension or change, residence hall expulsion, college suspension or college expulsion, the disciplinary record will be maintained as a permanent College record. Information on Student Code violations is confidential. See Student Code .

Other Policies

Demonstration Policy

The undergraduate Claremont Colleges–Pomona College, Scripps College, Claremont McKenna College, Harvey Mudd College, Pitzer College–together with Claremont Graduate University, Keck Graduate Institute and Claremont University Consortium (CUC) are all member institutions of the “Claremont Colleges”. Each of these member institutions respects the rights of free speech and peaceable assembly and supports their exercise. However, when the exercise of speech and assembly becomes disruptive or non-peaceable, and infringes upon the rights of others, threatens property or public safety, or impedes the business of the member Colleges or CUC, the individual Colleges and CUC will act according to this policy.

Every institution in the consortium has instituted procedures for presenting and peaceably resolving disagreements about policies. Officials at the individual Claremont Colleges and CUC are willing to examine, discuss, and explain institutional policies to any member of the Claremont Colleges community. However, participation in a demonstration that is materially disruptive and non-peaceful or involves the substantial disorder or invasion of the rights of others on the property of any of the Claremont Colleges or of Claremont University Consortium or their affiliated institutions is prohibited.

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

1. Non-peaceful actions or demonstrations are those that endanger or injure, or threaten to endanger or injure, any person, or that damage or threaten to damage property.

2. Disruptive actions or demonstrations are those that restrict free movement on any of the campuses, or interfere with, or impede access to, regular activities or facilities of any of the Colleges or CUC.

A. General Guidelines

If an officer or designee of an affected College or CUC informs individuals in a given area that their collective actions are judged non-peaceful or disruptive and that they should disperse, individuals remaining may be charged, on their home campus, with a violation of this policy.

Any individual acting in a non-peaceful or disruptive manner, whether he or she is acting individually or within a group, may be charged on the basis of the individual’s or group’s behavior with a violation of this policy. Ignorance of this policy or lack of intent to violate this policy is not an acceptable justification for violating it.

Lack of intent or lack of awareness of the existence of College or Consortium policy will not excuse violations. Charges will be brought at the home college of the accused.

Any President on his or her home campus, or designee, or the Chief Executive Officer of CUC, or designee, on the property of CUC, is authorized to take actions against any individual violating this policy. Actions may include arrest, or other legal action, or notice of disciplinary charges and handled through the home College’s disciplinary procedures. The presidents and the Chief Executive Officer of CUC may delegate their authority to act.

B. Enforcement Policy

In the event of a non-peaceful or disruptive action on the property of any of the Claremont Colleges, CUC, or any of their affiliated offices or programs, the affected College or Colleges or Claremont University Consortium will act according to the following procedures:

1. The President(s) of the College(s) where activities are disrupted or the Chief Executive Officer of CUC, in the case of the property of CUC, will determine whether or not negotiation will take place with those involved in the demonstration or disruption. The president(s) will also determine the actions to be taken including, but not limited to, provisional or summary suspension or arrest.
   
   The president of the college may summarily suspend a student of his/her college violating this policy. However, the president of the college or the CEO of CUC will only have the authority to provisionally suspend a student representing one of the other Claremont Colleges- pending referral to the home campus disciplinary body.

2. The Colleges and CUC agree that cases of student disruption or non-peaceful action normally will be treated as a violation of the student’s home campus conduct code and will be adjudicated by the normal disciplinary process at the student’s home college. Appropriate Officials at the affected institution(s) may put disruptive or non-peaceful individuals on notice that they are in violation of this policy and file charges against them. Officials at the home campus agree to acknowledge requests for disciplinary action including requests for suspension- and take action that is consistent with and/or allowed by disciplinary procedures at the home campus.

3. Officials at the other campuses will promptly provide assistance in identifying disruptive or non-peaceful individuals to the campus where the disruption occurs or to CUC.

4. All individuals who are engaged in disruptive or non-peaceful action will be notified that they are trespassing. Persons who continue to trespass after notification are subject to arrest (by a Peace Officer or by Private Person. California Penal Code Section 834).

5. Individual Claremont Colleges and CUC may bill students or file civil suits to recover damages and costs.

6. While officials at affected colleges or CUC may temporarily revoke any or all student privileges or take steps to end disruptive or non-peaceful protests, the college at which the student is enrolled, and only that college, may adjudicate complaints and make final decisions about alleged violations of conduct, apart from those decisions made by a court of law.

(Approved by the Council of Presidents of The Claremont Colleges, November 2001).

“The Farm” Use Rules

The Farm is the property of Pomona College and subject to all regulations and use rules that govern the campus. The farm is managed by the Environmental Analysis Program and it is dedicated to the study of agricultural systems.

The Wash, where the farm is located, is a multi-use area preserved for recreation, natural beauty and athletics. Because of its multipurpose nature, the area of the Wash available for use and cultivation by The Farm is restricted to marked boundaries. Use or cultivation outside of this area is not permitted. Decisions about use and governance policies for the Farm will be made by a steering committee composed of the Dean of Students, faculty from Environmental Analysis Program, a student from the Farm Club, and Farm staff.

The following policies govern use of the farm:

1. Seven-College Identification or Farm Pass must be presented upon request.

   • Farm Pass application available by request.

   • -7C students, faculty, staff and Farm Pass holders may have two guests while at The Farm.

2. Alcohol is not permitted on the Farm.

3. Smoking is not permitted in any area of the Farm, Dome or Outdoor Classroom.

4. Open fires are not allowed on the Farm.

   • Barbeques and cook outs are permitted through a registered event.

5. The Farm is open for use from one hour before sunrise until one hour past sunset.

6. Persons under 18 years of age must be under the supervision of an adult who has a valid current Farm Pass or 7-C ID

7. Registration of Events at The Farm:

   1. Events need to be registered with the ASPC office in Smith Campus Center.

   2. Requests for events at The Farm can only come from 7C identification holder.

   3. Registered events at the Farm may be approved to run until 9:00 PM.

8. Amplified sound or drumming is permitted during daylight hours only, unless part of a registered event.

9. The Farm should be kept clean and neat, without unnecessary trash and litter, in accordance with Pomona College standards.

   • -Trash must be disposed of; compost and recycling should be placed in proper receptacles.

10. Use of Outdoor classroom and/or Dome available by request to Farm Staff.

11. Guests are asked to walk on paths and to avoid walking on the plant beds.

12. Guests are asked to return tools to their proper location after use.

13. Harvesting limited to fruits when in season. Harvesting of produce from other plantings is only permitted with the consent from individual plant bed managers.

14. Respect the work of students who work to make The Farm a pleasant and viable experience.

Contact Farm staff if you have questions or would like to learn about the Farm’s routine practices and philosophies.

Please enjoy the Farm. Tours available upon request.

Fire Equipment Misuse Policy

Proper use of fire systems and fire emergency equipment is essential for the protection of all members of the community. Students alone or in concert with others may not tamper with, discharge or play with fire extinguishers, fire doors, smoke detectors, exit lights, or tamper with or pull a fire alarm under false pretenses.

In addition, prompt and cooperative response to fire alarms, in accordance with college emergency procedures, is required of every resident and guest. All students must evacuate the building during any fire alarm.

Any student who is responsible, alone or in concert with others, for misuse of a fire extinguisher or other emergency firefighting equipment will receive a mandatory fine for a first offense. This fine can be appealed to the Judiciary Council only on the basis of dispute about the facts of the incident. In case of a violation for which the responsible person is not identified, the fine can be levied against a residence hall at the discretion of the Dean of Campus Life. A second offense will result additionally in withdrawal of campus housing and dining privileges for at least one full semester. At the discretion of the Dean of Campus Life, second offenses may be referred instead to the Judiciary Council with a recommendation for a stronger penalty.

Actions which set off building fire alarms disrupt the residents, violate state law, and endanger others. Any student who willfully commits such an offense will be fined $500.

A student whose campus privileges have been withdrawn for this reason may, after spending at least one full semester in off-campus housing, petition the Dean of Campus Life to resume residency on campus under terms agreed upon by the Dean.

All individuals present in a building when a fire alarm sounds are required to evacuate the building immediately, in accordance with standard emergency procedures. Any student who does not cooperate with these procedures will be fined on a first violation, and the automatic fine will be doubled for each subsequent violation. Habitual refusal to cooperate will result in referral to the Judiciary Council with a recommendation of withdrawal of campus housing and dining privileges.

California law establishes criminal penalties for willful and malicious tampering with fire protection equipment or sounding false alarms.

The state and local fire codes, as well as Pomona College policy, require the following:

1. It is prohibited, negligently or intentionally, to set a fire of any size or type in or around any residence hall on campus. Open flame devices, including incense and candles, (excluding cigarette lighters and matches) are not allowed in the residence halls.

2. Placing furniture, bicycles, boxes, or any item in such a way that obstructs emergency evacuation procedures is a violation of the state fire codes. These codes are strictly enforced by staff.

3. Corridors and exit doors are to be kept clear of obstruction at all times.

4. Lighted candles or open flames in the residence halls are not permitted.

5. Excessive amounts of combustibles, such as paper, paper products, textiles attached in the room or attached to walls or ceilings, or as room dividers, are a fire hazard and are not permitted.

6. Corridor decorations and signs shall be made of nonflammable materials treated with an approved fire retardant. Trees or any branches used for seasonal decorations must be treated with an approved fire retardant and so tagged.

7. Flammable liquids shall not be stored or used in any residence hall.

8. The use of a non-approved cooking appliance is prohibited.

9. Motor scooters, motorcycles, and other vehicles which have gas tanks cannot be stored anywhere in the residence halls at any time.

10. Gasoline, kerosene, and other combustibles are fire hazards and are prohibited in the residence halls.

In all of these matters, students are responsible for the behavior of any guests, including students from the other Claremont Colleges, who are present in a building at their invitation, and penalties may be assessed on the hosts for violations committed by their guests.

Greek Life – Fraternities

The Student Affairs Committee has created the following regulations for all social Greek organizations:

Initiation: Fraternities may not invite initiates, nor initiate new members until the second semester of the new member’s first year or later. In the second semester, initiation must take place after March 1, in order to give students time to consider their choices. Alcohol is not permitted during initiation. Also, see “Hazing.”

Fraternities must file dates and general plans for initiation with the Assistant Director of the Smith Campus Center, including information about whether or not the faculty advisor will be present and during which hours. The Assistant Director of Smith Campus Center may visit the initiation.

Membership: All fraternities must limit their membership to Pomona College students.

Membership lists must be provided to the Office of the Campus Center and Student Programs and to the IFC each semester.

Voting Procedures: After open discussions, elections to membership should be made with the faculty advisor present. The voting procedure may require for election votes of 80 percent of the members present, or, if fewer than 15 are voting, three votes less than unanimity.

Advisors: Every Greek organization must have a faculty advisor who is expected to play a prominent role in the organization’s activities, including participating in the planning of initiation activities. The organization’s annual statement of purpose must be signed by the advisor.

Recognizing that it may be beneficial in maintaining connections with the community and in organizing community service projects, advisors to the various fraternities are encouraged to meet on occasion to discuss fraternity activities.

Alcohol Education: Prior to rush, all registered members of each fraternity shall participate in an alcohol education program that will include a review of current College alcohol policy. The program shall be arranged by the Office of the Campus Center and Student Programs.

Recruitment: Each semester, before rush, fraternities must hold at least one open house on campus, where prospective members may learn about the traditions, goals, and existing membership of the fraternities in which they might be interested. These open houses must be broadly publicized.

Statements of Purpose: Every Greek organization, in order to be registered, must annually submit to the Office of the Campus Center and Student Programs a form that includes a statement of purpose. It must be signed by each member and the faculty advisor.

This Statement of Purpose will outline the fraternity’s responsibilities to the community and their intended activities for the year, and will serve as the basis for periodic fraternity reviews. This form will be kept on file by the staff person who serves as fraternity liaison.

Withdrawal of Registered Status: The College holds each Greek organization responsible for the actions of its individual members at the group’s events. Antisocial behavior attributable to the collective action of the organization or antisocial behavior of individual members related to such group action may result in the revocation of the group’s official status. The Judiciary Council has jurisdiction over fraternity violations of College policy.

Disbanded Organizations: Any Greek organization officially disbanded by the College may prepare a new statement of purpose and apply to the SAC for official recognition once again.

The SAC has full discretion as to whether or not to grant recognition again in cases where it has been withdrawn. If relevant, misconduct in connection with a disbanded organization may be viewed as an aggravating circumstance in the instance that a student is called before the Judiciary Council on other grounds. This policy does not modify the general rule that if student organizations—recognized, unrecognized, or officially disbanded—act in ways severely detrimental to the well-being of the College community, the organization and their members may be subject to disciplinary action.

Fraternity Funding: ASPC funds may be available to assist Greek organizations with those events that are held for the benefit of the College community. Such events must be open to all students, on campus, and non-profit.

Policy Concerning Treatment of Animals on Campus

Pomona College restricts the ability of students to keep animals on campus. Students may not have cats or dogs in the residence halls. Only completely caged, non-poisonous pets that are legal in the state of California are permitted and then only if they do not adversely affect other residents and if the owner maintains appropriate conditions of care and sanitation. Students who keep a completely caged, non-poisonous pet on campus must obtain the permission of the Office of Campus life.

If a cat, a dog, or another animal not approved by the Office of Campus Life, is found in a student residence, the resident will be fined. The animal must be removed from the residence hall within 72 hours following notification by the Office of Campus Life. Failure to remove the animal or additional instances involving an animal or animals will result in more substantial fines.

In compliance with California state law, animals are not allowed in areas where food is served. This policy is strictly enforced in the College’s dining halls, The Sagehen Cafe, and in the Coop Fountain.

Furthermore, the College, as well as the state and local law, requires the humane treatment of animals. Appropriate food, water, exercise and sanitary living conditions must be provided.

If farm animals or exotic animals (horses or sheep, peacocks, or reptiles) are brought to campus by a student or students, permission must be obtained for the animals to be on campus from the Office of Campus Life. A responsible person must be identified to care for the animal(s) while they are present on campus. The person assuming responsibility for the animal(s) must indicate how and where the animal will receive food, water, exercise and a safe and sanitary place of abode while on campus.

Any person(s) found abusing, teasing, tormenting, or inflicting any type of cruelty to an animal on campus will be held accountable by the College through the Dean of Students or by the Student Judiciary Council. Penalties for violating this policy may include mandatory community service, fines, suspension of on-campus privileges, suspension or expulsion from the College. Students may also be held legally accountable for violation of state law prohibiting cruelty to animals.