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Claremont McKenna College Harassment Policy

I.            Statement of Policy

It is the policy of Claremont McKenna College (CMC) to maintain an environment for students, faculty, and staff that is free of sexual and other unlawful harassment.  All members of the college community should be aware that the College is concerned about sexual and other unlawful harassment, and is prepared to take prompt remedial action to prevent and correct such behavior.  Individuals who engage in sexual and other unlawful harassment will be subject to discipline, up to and including termination.  Retaliation against a person who properly reports, complains about, or participates in the investigation of sexual and other unlawful harassment is likewise prohibited.

CMC is committed to protecting the academic freedom and freedom of expression of all members of the college community.  This policy against harassment shall be applied in a manner that protects the academic freedom and freedom of expression of all parties to a complaint.  Academic freedom and freedom of expression include but are not limited to the expression of ideas, however controversial, in the classroom, residence hall, and, in keeping with different responsibilities, in workplaces elsewhere in the college community.  Expression may be subject to regulation, however, to the extent that it does not enjoy the protection of federal or state constitutional guarantees of freedom of speech and expression and creates an unlawful hostile environment based upon sex, race, ethnicity, religion, age, sexual orientation, physical or mental disability in violation of Titles VII or IX of the Civil Rights Act, the Americans with Disabilities Act, the Age Discrimination in Employment Act, the California Fair Employment and Housing Act, or other applicable state or federal law.

Information concerning an allegation of sexual and other unlawful harassment will be handled in a confidential manner insofar as possible.  Any employee of the College who receives a complaint of sexual and other unlawful harassment or who otherwise learns of an alleged occurrence of sexual and other unlawful harassment has the responsibility to take prompt steps to ensure that the matter is addressed, even if the complainant refuses to be identified.

II.            Harassment Defined

A.     Harassment in General

Harassment includes verbal, physical and visual forms of harassment, and conduct related to sexual favors, based upon a person's protected status, including race, color, national origin, ancestry, sex, sexual orientation, age, religious creed, physical and mental disability, medical condition, marital status, or other status protected by law.  Physical harassment includes conduct such as assault, impeding or blocking movement or any physical interference with normal work or movement.  Visual forms of harassment include derogatory posters, cartoons or drawings.  Conduct related to sexual favors includes unwanted sexual advances which condition an employment or other College benefit upon an exchange of sexual favors. 

Sexual and other unlawful harassment is defined as unwelcome or unsolicited verbal or physical conduct of a sexual nature or other conduct prohibited under applicable Federal and/or State laws and/or regulations relating to harassment, such as:

1.      Where submission is made an explicit or implicit term or condition of an individual's employment or education;

2.      Where submission or rejection is used as the basis for making employment or educational decisions affecting an individual; or

3.      Which is the creation of a hostile or intimidating environment, in which verbal or physical conduct, because of its severity and/or persistence, is likely to interfere significantly with an individual's work or education, or affect adversely an individual's living conditions.

The conduct alleged to constitute harassment under this policy shall be evaluated from the perspective of a reasonable person similarly situated to the complainant and considering all the circumstances.

If possible, an individual who experiences sexual and other unlawful harassment should make it clear to the harasser that such behavior is offensive, unwelcome and contrary to the policies of the College.  Whether or not the individual can confront the harasser, such behavior should be brought immediately to the attention of a designated individual identified in Section III.  Under no circumstances is an individual compelled to report the sexual and other unlawful harassment to a supervisor or academic instructor who is accused of the harassment.

B.      Sexual Harassment Further Defined

Sexual harassment does not refer to occasional compliments generally accepted as not offensive or other generally accepted social behavior.  It refers to conduct which is offensive, not welcomed by those to whom it is directed, and inappropriate to the educational or work environment.  Examples of sexual harassment include such conduct as:

1.                  Physical assault;

2.                  Direct or implied threats that submission to sexual advances will be a condition of employment, work status, promotion, grades, or letter of recommendations;

3.                  Direct propositions of a sexual nature;

4.                  Subtle pressure for sexual activity, an element of which may be repeated requests for private meetings without an academic purpose;

5.                  A pattern of conduct (not legitimately related to the subject matter of a course if one is involved) intended to discomfort or humiliate, or both, that includes one or more of the following: (1) comments of a sexual nature; or (2) sexually explicit statements, questions, jokes or anecdotes;

6.                  A pattern of conduct that would discomfort or humiliate, or both, a reasonable person at whom the conduct was directed that includes one or more of the following: (1) unnecessary touching, patting, hugging, or brushing against a person's body; (2) remarks of a sexual nature about a person's clothing or body, whether or not intended to be complimentary; or (3) remarks about sexual activity or speculations about previous sexual experience;

7.                  Visual displays of suggestive, erotic or degrading sexually-oriented images; and/or

8.                  Letters, notes or electronic mail containing comments, words or images as described in (6) above.

C.      Other Conduct Prohibited by the Harassment Policy

1.                  Reprisals

a.                  Against the Complainant:  It is a violation of CMC's Harassment Policy to retaliate against a complainant for filing a charge of harassment.  A complaint of retaliation may be pursued using the steps followed for a complaint of harassment.

b.                  Against the Respondent:  Lodging a complaint of harassment is not proof of prohibited conduct.  A complaint shall not be taken into account during reappointment, tenure, promotion, merit, or other evaluation or review until a final determination has been made that the College's Harassment Policy has been violated.

2.                  Knowingly false or malicious complaints.  To file a knowingly false or malicious complaint of harassment or of retaliation is a violation of the Harassment Policy.  A complaint of such conduct may be pursued using the steps followed for a complaint of harassment.  A complaint under this provision shall not constitute prohibited retaliation.

III.            Reporting, Investigation, and Discipline

Individuals who believe they are victims of, or witnesses to, sexual and other unlawful harassment are urged to report alleged incidents as soon as possible after the incident. Complaints involving allegations of sexual and other unlawful harassment should be filed as promptly as possible, but no later than 60 days following the incident, unless there are compelling reasons for further delay, except in case of sexual assault where charges must be filed within 12 months of the alleged incident. The alleged complainant may request the complainant's immediate supervisor, department chair, the supervisor or director of the department in which the accused harasser works, or in the case of students, the Dean of Students Office, for an informal resolution of the problem.  If a formal complaint is desired, the incident should be reported to the applicable forenamed person(s).  All reports of sexual and other unlawful harassment will be promptly and thoroughly investigated and, when warranted, disciplinary action, up to and including termination, will be taken against the accused harasser.  Throughout the complaint and investigation process, every effort will be made to assure confidentiality to the fullest extent reasonably possible to protect against retaliation.  Subject to applicable law, communication will be limited to a minimum "need to know" basis, coupled with a direction not to discuss the matter outside the process.  However, the investigation of such complaints will generally require disclosure to the accused party and other witnesses in order to gather pertinent facts.

In determining whether or not the alleged conduct occurred and/or constitutes sexual and other unlawful harassment, consideration will be given to the totality of the circumstances and context in which the alleged incidents occurred.  In considering a complaint under the CMC Harassment Policy, the following understandings shall apply:

1.                  Harassment must be distinguished from behavior which, even though unpleasant or disconcerting, is reasonably appropriate to the carrying out of certain instructional, advisory, or supervisory responsibilities.

2.                  Instructional responsibilities require appropriate latitude for reasonable pedagogical decisions concerning the topics discussed and methods used to draw students into discussion and full participation.

The remedies for violation of this sexual and other unlawful harassment policy will depend on the nature of the offense and may include, but are not limited to, one or more of the following actions: filing of complaint(s) and hearing before the Judiciary Board (students), initiation of the CMC policy then in effect regarding "Procedures for Student, Staff, and Faculty Grievances Against Faculty Members, and for Faculty Grievances Against Academic Administrators" or "Procedures for Student, Staff, Administrators, and Faculty Grievances Related to Actions Taken by Staff or Academic Administrators", required counseling, a verbal or written reprimand, a verbal or written warning, or suspension or termination of employment/enrollment.  A proven occurrence of sexual and other unlawful harassment may result in severe disciplinary action, up to and including termination.

For more information, copies of the pertinent policies, or to report an incident you may contact any of the individuals listed below:

            Torrey Sun, Vice President and Dean of Students, Heggblade Center, extension 18114.

            Jefferson Huang, Associate Dean of Students and Dean for Campus Life, Heggblade Center, extension 18114.

            William Ascher, Vice President and Dean of the Faculty, Bauer Center, extension 18117.

            Julia McCallin, Assistant Vice President and Director of Human Resources, Bauer Center, extension 18490.

            Robin Aspinall, Vice President for Business and Administration and Treasurer and Affirmative Action Officer, Bauer Center, extension 18116.

IV.       State Enforcement Procedure

In addition to the internal remedies established by CMC, external remedies are available for employees and students through the California Department of Fair Employment and Housing at 322 West First Street, #2126, Los Angeles, CA  90012-3112, telephone: (213) 897-1997, or at 1845 S. Business Center Drive, #127 San Bernardino, CA  92408-3246, telephone: (909) 983-4711, the United States Equal Employment Opportunity Commission at 255 East Temple, 4th Floor, Los Angeles, CA  90012, telephone: (213) 894-1000, and the United States Office of Civil Rights at 50 United Nations Plaza, San Francisco, CA  94102, telephone: (415) 557-4400.