Introduction to Interim Sexual Misconduct Policy and Procedures

I. INTRODUCTION

Pomona College (hereafter referred to as the “College”) is committed to providing a safe and non-discriminatory educational, working, and residential environment for the students, faculty, staff and other members of the Pomona College and The Claremont Colleges (“TCC”) community.  In particular, the College aspires to provide members of its community with an environment that is free from sexual harassment, sexual assault, relationship violence, and stalking (collectively, “sexual misconduct”).  This conduct is disruptive of the living, learning and working environment of the Pomona College community and deprives students, employees and other community members of equal access to the College’s programs and activities.  

The College embraces its responsibility to increase awareness of sexual misconduct, prevent its occurrence, diligently investigate complaints of sexual misconduct and retaliation, support survivors, deal fairly with those accused of sexual misconduct and firmly with offenders, and comply with Title IX of the Higher Education Amendments of 1972 (“Title IX”); Title VII of the Civil Rights Act of 1964 (“Title VII”); Violence Against Women Reauthorization Act of 2013 (“VAWA”); the Campus SaVE Act and the Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act (“Clery Act”) as well as applicable California statutes, including, but not limited to relevant sections of the Education Code, including but not limited to sections 66262.5 and 66281.8.

In August 2020, new Title IX regulations adopted by the U.S. Department of Education (“2020 Title IX Rule”) came into effect for alleged conduct that occurred on or after August 14, 2020.  The 2020 Title IX Rules require the College to follow certain processes.  To comply with its obligations under the 2020 Title IX Rules while also working to create a common, centralized Title IX grievance process for the TCC community, the College has joined with other TCC institutions to create a centralized Title IX Grievance Process that will cover student complainants and respondents from across TCC to improve consistency in and common understanding of the investigation and adjudication of Title IX cases.  Accordingly, cases covered by the 2020 Title IX Rule are handled through the TCC Title IX Policy.  More information about the TCC Title IX Policy and related grievance process is available here.  The College will follow the TCC Title IX Policy only when required, in response to conduct specifically covered by the 2020 Title IX Rule.

Complaints of discrimination or harassment not governed by the TCC Title IX Policy are subject to investigation and resolution under one or more of the College’s other policies and procedures: the Pomona College Sexual Misconduct, Sexual Harassment, Gender Discrimination Policy and Procedures; the Pomona College Staff and Faculty Title IX Sexual Harassment Policy and Procedures; the Pomona College Discrimination and Harassment Policies and Grievance Procedures, Pomona College Student Code, or applicable College policies.  These other policies apply to conduct that is not included under the TCC Title IX Policy. 

The College’s Sexual Misconduct, Harassment, and Discrimination Policy (the “Policy” and these “Procedures”) confirms the College community’s commitment to gender equity consistent with and required by federal and state law and the College’s own values.  

This Policy has the following goals:

• It identifies the conduct prohibited by the College.  If a person engages in such conduct, the College will take steps to determine the person’s responsibility and, if determined to be responsible, to impose appropriate sanctions against the person.  In addition, the Policy provides the College with the means to protect the College community from a person who the College reasonably believes, based upon evidence, presents a danger to members of the College community.
• It sets forth in reasonable detail the procedures that the College will follow in the event any member of the College community is or believes himself or herself to be the victim of non-Title IX sexual misconduct or harassment.  The procedures are grouped into four categories: (i) reporting, (ii) intake and initial review, (iii) investigation, and (iv) hearings and sanctions.  The procedures are designed to be fair and impartial and to resolve complaints promptly and equitably for the parties involved and the College community.  This description of the procedures is designed to provide members of the College community with information about what to expect if a report alleging a violation of this Policy is made to the College.  
• It makes clear that the investigation and adjudication of alleged misconduct under this Policy is not an adversarial process between the Complainant, the Respondent, and the witnesses, but rather a process for the College to comply with its obligations under existing law. The Complainant does not have the burden to prove, nor does the Respondent have the burden to disprove, the underlying allegation or allegations of misconduct.
• It provides information about some of the medical, psychological and other resources available to persons who are the victims of sexual misconduct, discrimination or harassment.  The College is committed to expanding resources, and a detailed list of the most current resources is maintained on the Pomona College website here.  
• It promotes prevention of sexual misconduct in the first instance as the best policy for the Pomona College Community. To that end, the College provides education and training for its students, faculty and staff on a regular basis, recognizing that there are things individuals can do to proactively reduce the risk of experiencing sexual violence.  While the College recommends that all members of the Community review and follow that training to help prevent sexual misconduct, the College also recognizes that it is never a victim’s fault if someone else takes sexual advantage of that person.

Certain terms used in this Policy must be defined with as much precision as possible.  For example, the formal definitions of such terms as “Sexual Misconduct,” “Consent” and “Incapacitation” are critical to understanding the Policy.  When those terms are used in the text of the Policy online, they are hyperlinked so that if the cursor is placed over the term, the definition appears in a popup box.