909.399.5411 909.621.8202 or x18202 909.621.8222 or x18222 909.626.HELP (4357) 800.627.6872 Claremont Police Department Monsour Counseling and Psychological Services Student Health Services Project Sister Victims of Crime Resource Center All information concerning an allegation of sexual harassment will be handled in a confidential manner insofar as possible. Any employee or agent of The Claremont Colleges (including but not limited to faculty, deans, RAs, counselors, staff, supervisors) who receive a complaint of sexual harassment or are otherwise aware of the occurrence of sexual harassment have the responsibility to take immediate steps to ensure that the matter is addressed, even if the complainant refuses to be identified. Statement of Policy It is the policy of The Claremont Colleges to maintain a place of work and study for students, faculty and staff that is free of sexual harassment and all forms of sexual intimidation and exploitation. All members of the colleges community should be aware that the colleges are concerned and prepared to take action to prevent and correct such behavior, and that individuals who engage in such behavior are subject to discipline or dismissal. Retaliation against a person who reports, complains about or participates in the investigation of sexual harassment is also intolerable and prohibited. 8+ +=)!+0&'-10$+)#(+$)!+*1 *&(!+& +!//!0$+&/+)#.%'>+#+'!>#$%.!+%5*#0$+1*&'+$)!+ individualÕs work or academic performance, or of creating an intimidating, hostile or offensive work or education environment. 8+ +91,5%((%&'+$&;+& + !<!0$%&'+&/;+$)!+0&'-10$+,6+$)!+%'-%.%-1#"+%(+1(!-+#(+$)!+,#(%(+ for any decision affecting the individual regarding benefits and services, honors, programs or activities available at or through The Claremont Colleges. + + III. Reporting an Intercampus Complaint of Sexual Harassment An individual may feel uncomfortable about an advance and may begin to feel embarrassed, guilty, trapped or even frightened. An individual may feel that a job, reputation, grade or diploma is in jeopardy. If possible, an individual who experiences sexual harassment should make it clear to the harasser that such behavior is offensive and contrary to the policies of The Claremont Colleges. Whether or not Harvey Mudd College discourages consensual intimate, amorous or sexual relationships between students and staff, and absolutely prohibits such relationships whenever a staff member incident to any instructional, research, administrative or other HMC employment responsibility is involved in a relationship with a student whom he or she exercises authority over, supervises or evaluates. Violations of this policy are subject to administrative action up to and including termination. APPROPRIATE FACULTY BEHAVIOR STATEMENT 52 A sexual relationship between a faculty member and a student for whom the faculty member has, or should reasonably expect to have, academic responsibility, entails a conflict of interest and therefore, a breach of professional integrity. Accordingly, such (Adopted October 2003) (Adopted May 2004) APPROPRIATE STAFF BEHAVIOR POLICY 53 While the colleges are neutral about such relationships, faculty, staff and students are cautioned that they must take full responsibility for their actions if they become sexually involved with others at the colleges. 8+ +91,5%((%&'+$&;+& + !<!0$%&'+&/;+(10)+0&'-10$+,6+$)!+%'-%.%-1#"+%(+1(!-+#(+$)!+,#(%(+ for employment or academic decisions affecting the individual. + www.hmc.edu/about/administrativeoffices/hr1/hmconly/policies1/ discriminatoryharassment.html 8+ 9 + 1,5%((%&'+$&+(10)+0&'-10$+%(+5#-!+!%$)! +!:*"%0%$"6+& +%5*"%0%$"6+#+$! 5+& + condition of an individualÕs employment, academic status or progress. II. Definition of Sexual Harassment Harassment on the basis of gender is a violation of Federal and State Laws and the policies of each of The Claremont Colleges and The Claremont University Consortium (CUC). Unwelcome sexual advances, requests for sexual favors and other verbal or physical conduct of a sexual nature made by someone from or in the work or education setting against a person of the same or opposite sex constitute sexual harassment under any of the following conditions: I. INTERCAMPUS POLICY ON SEXUAL HARASSMENT !"#$%&'()%*(+# !+* &)%,%$!-+!.!'+%/+0&'(!'(1#"2+340#-!5%0+ !(*&'(%,%"%$67+%'0"1-!(+ !sponsibility for teaching, advising, evaluating or supervising a student in any aspect of the academic programs of HMC and the other institutions of the Claremont consortium. + This policy is intended to complement The Claremont Colleges Intercampus Policy on Sexual Harassment. Both should be understood and adhered to by all members of the Harvey Mudd Community. The educational mission of Harvey Mudd College calls the community to cultivate social responsibility and technical acuity so that its graduates will have the scientific and social skills to function responsibly and effectively in a global environment. Unlawful harassment will not be tolerated at Harvey Mudd College. In obvious and subtle ways, such conduct subverts the CollegeÕs mission and threatens the careers, educational experiences, and well being of students, faculty and staff. This policy is designed to promote an inclusive community free of harassment. It is consistent with the Vision Statement for Diversity at Harvey Mudd College, which in part reads: HMC CAMPUS POLICY ON DISCRIMINATORY HARASSMENT 909.621.8170 or x72000 Campus Safety Campus and Community Resources Resources that provide assistance to survivors of sexual offenses are available on each campus, through the Central Services, and from the community. They include: In order to promote a safe campus environment, individuals who may be in violation of College policies on sexual offenses should be informed about their conduct. They may not be aware that their behavior is sexually offensive, threatening or hurtful; education may remedy their behavior. POLICIES 8+ O//! %'>+!5*"&65!'$+,!'!/%$(+%'+!:0)#'>!+/& +(!:1#"+/#.& (2 8+ P#D%'>+& +$) !#$!'%'>+ !* %(#"(+#/$! +#+'!>#$%.!+ !(*&'(!+$&+(!:1#"+#-.#'0!(2 8+ ? + %(1#"+0&'-10$J+"!! %'>;+5#D%'>+(!:1#"+>!($1 !(;+-%(*"#6%'>+&/+(!:1#""6+(1>>!(tive objects or pictures, cartoons or posters. 8+ Verbal conduct: making or using derogatory comments, epithets, slurs and jokes. 8+ ?! ,#"+(!:1#"+#-.#'0!(+& +* &*&(%$%&'(2 + + + + + 54 8+ N'C#'$!-+(!:1#"+#-.#'0!(2 + The California Fair Employment and Housing Commission regulations define sexual harassment as unwanted sexual advances, or visual, verbal or physical conduct of a sexual nature. This definition includes many forms of offensive behavior and includes gender-based harassment of a person of the same or opposite sex as the harasser; the following is a partial list: V. Additional State Law Requirements In addition to violating the policies of the colleges, sexual harassment in employment violates the provisions of the California Fair Employment and Housing Act, specifically Government Code Sections 12940 (a), (h) and (i). Each college and CUC has published its procedures regarding sexual harassment, copies of which are available in the offices of the academic deans, the student deans, the personnel officers and the President/CEO. IV. Resolution of an Intercampus Complaint of Sexual Harassment The resolution of an intercampus complaint of sexual harassment by a faculty member, staff member or student of one college or CUC against a faculty member, staff member or student of another college or CUC will be made using the established sexual harassment policy and procedures of the accused harasserÕs college or CUC. A designated individual at the complainantÕs college or CUC will assist the complainant in pursuing the complaint through the accused harasserÕs college or CUC. At the complainantÕs request, a designated individual at the complainantÕs college may accompany the complainant to the hearing at the accused harasserÕs college or CUC. The accused harasser may have equal representation. Each of The Claremont Colleges and CUC have a sexual harassment policy and procedures for resolution of a complaint, including a list of designated individuals to whom a complainant can go. In addition, a faculty, staff or student complainant may use the Monsour Counseling and Psychological Services. The complainant can call the Director of Monsour Counseling and Psychological Services or his/her designated alternate to make an accusation of sexual harassment; an appointment will be arranged as soon as possible. An ombudsperson will assist the complainant to pursue the charge through the sexual harassment process of the college or CUC office of the accused harasser. the individual can confront the harasser, such behavior should be brought imme-%#$!"6+$&+$)!+#$$!'$%&'+&/+#+-!(%>'#$!-+%'-%.%-1#"2+HI&$!J+I& 5#""6+'&+/& 5#"+#0tion against the accused harasser will be taken unless the complainant consents to be identified to the accused harasser in connection with the investigation. Formal #0$%&'+C%""+,!+$#D!'+%/+$)!+0&5*"#%'#'$+%(+1'-! +#>!+KL2M +4'+ !5*"&6!!+ B1%$(+ ,!0#1(!+ )!A()!+ 0#'+ '&+ "&'>! + $&"! #$!+ #'+ &//!'(%.!+ C& D+ !'.% &'5!'$2+EF!/! !-+$&+#(+#+30&'($ 10$%.!+-%(0)# >!7+)# #((5!'$+0#(!2G An employee is exposed to an offensive work environment. Exposure to various kinds of behavior or to unwanted sexual advances alone may constitute harassment. 8+ 8+ 55 Bias related incidents are expressions of hostility against another person (or group) because of that personÕs (or groupÕs) race, color, religion, ancestry, age, national origin, disability, gender or sexual orientation or because the This Communications Protocol, which has been adopted by each of the members of The Claremont Colleges, is intended to provide a framework for intercollegiate responses to bias related incidents. I. Statement of Purpose COMMUNICATIONS PROTOCOL FOR BIAS-RELATED INCIDENTS California Department of Fair Employment and Housing www.dfeh.ca.gov contact@dfeh.ca.gov 611 West Sixth Street, Suite 1500 Los Angeles, CA 90017 213.439.6799 1845 S. Business Center Drive, #127 San Bernardino, CA 92408-3426 909.383.4373 United States Equal Employment Opportunity Commission www.eeoc.gov/ 255 East Temple, 4th Floor Los Angeles, CA 90012 213.894.1000 Office of Civil Rights, Department of Education www.ed.gov/about/offices/list/om/fs_po/ocr/home.html 50 United Nations Plaza, Room 293 San Francisco, CA 94102 415.556.4275 VI. Outside Agencies In addition to the internal remedies established by the colleges, external remedies are available through the California Department of Fair Employment and Housing, the United States Equal Employment Opportunity Commission or the Office of Civil Rights, United States Department of Education. For more information, contact any of these offices: +4'+!5*"&6!!+%(+/% !-+& +-!'%!-+#+<&,+& +#'+!5*"&65!'$+,!'!/%$+,!0#1(!+)!A()!+ refused to grant sexual favors or because he/she complained about harassment. (Retaliation for complaining about harassment is illegal, even if it cannot be demonstrated that the harassment actually occurred.) The three most common types of sexual harassment complaints filed with the Department of Fair Employment and Housing are: 8+ ? + ! ,#"+#,1(!+&/+#+(!:1#"+'#$1 !;+> #*)%0+.! ,#"+0&55!'$# %!(+#,&1$+#'+%'-%@ vidualÕs body, sexually degrading words used to describe an individual, suggestive or obscene letters, notes or invitations. 8+ + POLICIES Race or ethnicity Religion Sexual orientation Association with a person or group with one or more of these actual or perceived characteristics 4. 5. 6. 7. T2++ +3S#$!+0 %5!7+%'0"1-!(;+,1$+%(+'&$+"%5%$!-+$&;+#+.%&"#$%&'+&/+Q!'#"+R&-!+9!0$%&'+ 422.6. Nationality 3. 56 B. No person, whether or not acting under color of law, shall knowingly deface, damage, or destroy the real or personal property of any other person for the purpose of intimidating or interfering with the free exercise or enjoyment of any right or privilege secured to the other person by the Constitution or laws of this state or by the Constitution or laws of the United States, in whole or in part because of one or more of the actual or perceived characteristics of the victim listed in subdivision (a) of Section 422.55. A. No person, whether or not acting under color of law, shall by force or threat of force, willfully injure, intimidate, interfere with, oppress, or threaten any other person in the free exercise or enjoyment of any right or privilege secured to him or her by the Constitution or laws of this state or by the Constitution or laws of the United States in whole or in part because of one or more of the actual or perceived characteristics of the victim listed in subdivision (a) of Section 422.55. California Penal Code ¤ 422.6 provides the following: + Gender 2. A. 3S#$!+0 %5!7+5!#'(+#+0 %5%'#"+#0$+0&55%$$!-;+%'+C)&"!+& +%'+*# $;+,!0#1(!+&/+ one or more of the following actual or perceived characteristics of the victim: 1. Disability II. California Law Regarding Hate Crimes California law prohibits hate crimes. Section 422.6 of the California Penal Code defines a hate crime as follows: perpetrator perceives that the other person (or group) has one or more of $)&(!+ 0)# #0$! %($%0(2+ 4(+ 1(!-+ %'+ $)%(+ Q &$&0&";+ $)!+ $! 5+ 3,%#(+ !"#$!-+ %'0%-!'$7+%(+"%5%$!-+$&+0&'-10$+$)#$+.%&"#$!(+&'!+& +5& !+&/+=)!+R"# !5&'$+R&"legesÕ disciplinary codes and which is not protected by the First Amendment of the United States Constitution or by analogous provisions of state law. A hate crime is an especially severe form of bias related incident, and such crimes fall far beyond the bounds of constitutional protection. However, the category of bias related incidents extends beyond hate crimes and other actions that would constitute criminal offenses under relevant penal codes. In the event that a bias related incident occurs on one of the campuses and/ or on Claremont University Consortium (CUC) premises, this Protocol shall govern communication among The Claremont Colleges chief student affairs and administrative officers. 57 2 The chief student affairs officer is the Vice President for Student Affairs and/or Dean of Students. The Chief Administrative Officer refers to the CAO at CUC. Preference is for the first-level, on-call staff to be notified. Appropriate staff include: RAs, proctors, sponsors and deans. 1 In the event that the Chief Student Affairs or Administrative Officer is unavailable, she or he will have designated a second in command to whom the communication will be directed. The second in command is then responsible for both implementing the below protocol and informing the Chief Student Affairs or Administrative Officer as quickly as possible. 6. Communication among the colleges will pass from the Chief Student Affairs Officer or the Chief Administrative Officer2 of the institution where the incident occurred to the Chief Student Affairs Officers on other campuses and Chief Administrative Officer at CUC. 5. The Dean of Students shall preserve the evidence or copies of same. In incidents of a criminal nature, or where otherwise deemed appropriate, Campus Safety shall also maintain records of the incident. 4. Campus Safety and/or college personnel shall document the incident or evidence by appropriate means, e.g., photograph(s), incident reports, statements from witnesses, etc. 3. Campus Safety and the on-call dean(s) will consult on bias related incidents that may rise to the level of a crime. If either suspects that a crime may have been committed, Campus Safety shall notify Claremont Police Department. 2. College staff and/or Campus Safety shall follow the protocol of the college where the incident occurred and with the student(s) immediately involved in notifying the appropriate on-call staff. III. Procedure For Responding To Bias-Related Incidents 1. Any person, including faculty, staff, students and visitors to the colleges, observing an incident or evidence of possible bias incident and/or hate crime shall notify college staff1 and/or Campus Safety before taking any action (such as disposing or removing evidence, altering scene, etc.). D. Conduct that violates this and any other provision of law, including, but not limited to, an offense described in Article 4.5 (commencing with Section 11410) of Chapter 3 of Title 1 of Part 4, may be charged under all applicable provisions. However, an act or omission punishable in different ways by this section and other provisions of law shall not be punished under more than one provision, and the penalty to be imposed shall be determined as set forth in Section 654. C. Any person convicted of violating subdivision (a) or (b) shall be punished by imprisonment in a county jail not to exceed one year, or by a fine not to exceed five thousand dollars ($5,000), or by both the above imprisonment and fine, and the court shall order the defendant to perform a minimum of community service, not to exceed 400 hours, to be performed over a period not to exceed 350 days, during a time other than his or her hours of employment or school attendance. However, no person may be convicted of violating subdivision (a) based upon speech alone, except upon a showing that the speech itself threatened violence against a specific person or group of persons and that the defendant had the apparent ability to carry out the threat. POLICIES + + + + + + 8+ R + &'0"1-!+C%$)+#+($#'-# -+*# #> #*)+&'+($!*(+0&551'%$6+5!5,! (+()&1"-+ take in the event they see a bias-related incident. 8+ Q &.%-!+%'($ 10$%&'(+#,&1$+)&C+$&+ !*& $+%'/& 5#$%&'+#,&1$+$)!+%'0%-!'$V+ 8+ +W%($+#'6+%'/& 5#$%&'+#,&1$+%'%$%#"+($!*(+$)#$+)#.!+,!!'+$#D!'+$&+#-- !((+$)!+%'0%-!'$V 8+ Q &.%-!+#+, %!/+-!(0 %*$%&'+&/+$)!+%'0%-!'$V E-mail and/or web dissemination of the notification to all faculty, staff and students; Paper mail dissemination of the notification to all faculty, staff and students; b. c. Notifying any other appropriate college-specific body at that institution that may be charged with handling matters of this natureÑDiversity Coordinating Committee at Scripps, IRT at Pomona, Emergency Operations Committee(s) (EOC) of college, etc. f. Information required to be kept confidential pursuant to law shall not be disclosed in these logs. 4 58 Session(s) may be repeated, and timing should relate to the time and nature of incident. 3 This protocol was adopted by the Council of The Claremont Colleges on June 2, 2005. This protocol was drafted and adopted by the Student Affairs Committee of The Claremont Colleges, PASA (Pan-African Student Association), Scripps College Wanawake Weusi, Hillel Student Board and Pitzer Black Student Union (BSU) in spring 2005. 11. The chief student affairs and administrative officer will keep a log of incident communications originating from his/her institution. The log shall include a description of each incident, and the institutional and/or police response to the incident.4 This log may be kept in the format appropriate to the campus culture (paper, web-based, etc.) The log will be made available to students, faculty and/ or staff upon request. 10. CUC will insure that Campus Safety officers and dispatchers are instructed about response protocols for such incidents. 9. Each institution will provide information to its community about reporting protocols. 8. Each institution will insure that residence life staff members are instructed about response protocols for such incidents. g. Utilizing informational sessions for community members to receive information in person, ask questions and generally discuss the incident.3 Utilizing RAs, proctors, college councils or senates, and other student leaders in ways consistent with their position description and responsibilities; e. d. Posting of notices in locations on the campus in areas in which members of that campus are most likely to read them; Notification procedures for personnel responsible for handling the incident are in place, including communications officers; a. 7. Each school and CUC shall create and/or follow an established internal policy to communicate information regarding the incident. A campus might choose to include one or more of the following: + + The communication between offices should: All casualties should be reported immediately to the appropriate assembly site; Student proctors and other emergency personnel will be assembling at the sites to coordinate first aid responses; Unless there is immediate danger to the life of a victim, movement of the victim should not take place. Transfer to triage area, casualty collection site or local hospitals will be directed by the Dean of Students staff. 1. 2. 3. D. In a major emergency such as an earthquake, emergency medical services on and off campus will be severely taxed. The initial burden for treatment of serious injuries will fall on student proctors, students trained in first aid or emergency care and HMC personnel. The first aid response for serious injuries will follow as above, with consideration of the following items: C. If Campus Safety cannot be reached, then dial 911 for emergency services. You must be prepared to provide the nearest building address to the victimÕs location. Provide all information requested by the dispatcher. Do not hang up until instructed. If the victim is not in the immediate room, use a runner to convey information that the dispatcher may request. B. If serious injury occurs on campus, immediately contact Campus Safety at 909.607.2000. Give your name and describe the nature and severity of the medical problem and the campus location of the victim. Medical Emergency A. In case of minor injury or illness, contact the proctors. They have been thoroughly trained in first aid procedures and know when to treat or refer an injury to the hospital. Sound the fire alarm and call Campus Safety to report the fire. Only if it is safe to do so, return with a fire extinguisher and fight the fire. Otherwise, evacuate the building and wait for the fire department. RememberÑevacuate in a calm manner. Do not attempt to remove any possessions. Do not reenter the building until approval is given by the fire department. 2. 3. 4. 59 III. Earthquake or Other Disaster A. Safety Preparation + + 8+ +U!!*+6&1 +,!-+#C#6+/ &5+C%'-&C(+#'-+#'6$)%'>+$)#$+0&1"-+/#""+&'+6&1+ (i.e., picture frames, hanging plants, bookcases). Feel the door with your hand. If the door is hot to the touch, do not open it. If you are on the first floor, attempt to evacuate using a window. If unable to do so, or on the second floor or higher, put towels or cloth (wet, if possible) in the crack between the door and the floor. Phone Campus Safety (909.607.2000) and tell them your location and situation. Stand by the window and wait for the Fire Department. Do not open the window. If the door is cool, slowly open it, exit the room and close door behind you. 1. II. Fire A. In the Event Fire or Smoke is Detected in a Building and/or an Alarm is Sounding I. EMERGENCY INFORMATION POLICIES