II. SCOPE OF POLICY
This Policy applies to non-Title IX sexual misconduct or harassment alleged against all Pomona College students. Students employed by the College will be considered students for purposes of this Policy. This Policy also applies to third parties (such as campus visitors or vendors) who may have contact with members of the College community either on the College’s campus or at other College events and programs. If the alleged perpetrator (hereafter referred to as “Respondent”) is an employee or student from one of the other members of The Claremont Colleges (“TCC”), the College will investigate the matter and take steps to stop the conduct and remedy its affects to the extent reasonably possible. However, the relevant procedures related to any disciplinary action against the Respondent will be those of the Respondent’s home institution. Throughout the complaint, investigatory, hearing, appeal, and/or disciplinary process, the College will maintain its authority to take action to ensure campus safety. In addition, as to Respondents who at any time were previously enrolled at the College, the College’s jurisdiction and disciplinary procedures extend to sexual misconduct, harassment and discrimination which occurs on Claremont Colleges’ premises, at an activity sponsored by any of the Claremont Colleges, and conduct which occurs off campus, even if it occurs outside of an academic term or when the student is not currently enrolled at the College. Moreover, the College retains the authority to administer this Policy with respect to any such conduct by a student Respondent (while a student) even if the student subsequently graduates, withdraws, takes leave, or is otherwise absent from the College, and even if the College does not learn of such conduct until after the student graduates, withdraws, takes leave, or is otherwise absent from the College.
The procedures set forth in this Policy are administrative in nature and are separate and distinct from the criminal and civil legal systems. Pursuing resolution through these procedures does not preclude survivors from pursuing legal action now or in the future. If the conduct in question is alleged to be a violation of both College policy and public law, the College will proceed with its normal process, regardless of action or inaction by outside authorities. Decisions made or sanctions imposed through these or other College procedures are not subject to change because criminal or civil charges arising from the same conduct are dismissed, reduced, or rejected in favor of or against the Respondent.
In the event of a conflict with any other Claremont Colleges intercampus policy, the procedures set forth in this Policy will prevail. Changes to the policies and procedures contained in this Policy may be made with the approval of the Board of Trustees and/or the President.
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