Harassment and Discrimination Policy and Complaint Procedure

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					Disciplinary Policies and Procedures


    Possession with Intention to Manufac-
ture Methamphetamine: Any person who
                                                              Harassment and
possesses both methlamimine and phenyhl-                    Discrimination Policy
2propanone (phrnylacetone) at the same time
with the intent to manufacture methampheta-                    and Complaint
mine is guilty of a felony and shall be pun-
ished by imprisonment in the state prison for                     Procedure
between one and five years. (Sec.11383).

                                                                        Introduction
    The Health Risks of Drugs
                                                             The following policy is self-contained
    The use of drugs poses significant health            and shall not be considered relevant to any
risks. Drugs can create psychological depen-             Judiciary Council or Student Affairs Com-
dence, which is defined as a need or craving             mittee hearings.
for the substance and can produce feelings of                The Harassment and Discrimination Policy
restlessness, tension or anxiety when the sub-           is a comprehensive one because it applies to
stance is withdrawn. Prolonged use can lead              students, to faculty and to staff. The proce-
to tolerance, characterized by the need for              dures used to handle complaints vary some-
increasing amounts of the substance to achieve           what depending on who is involved in an alle-
the same effect. As tolerance and psychologi-            gation of harassment or discrimination-student
cal dependence develop, judgment becomes                 and student, student and faculty, student and
impaired. People do not realize that they are            staff, faculty and faculty or staff and staff. The
losing control over the use of the substance             principal differences in the policies lie in the
and that they need help.                                 methods of appointing hearing panels and in
    Drugs such as LSD, amphetamines, and                 the consequences for violations of the policy.
marijuana alter emotion, cognition, perception,          For example, a faculty or staff member might
physiology and behavior in a variety of ways.            face loss of employment in a serious case,
Serious health risks include depression, apathy,         while a student might be expelled from the
hallucination, paranoia, and impaired judg-              College.
ment among other things. LSD has caused                      The procedures described here are those
psychotic breaks in a number of students. All            that will apply when a student lodges a com-
these substances have adverse effects on preg-           plaint against another student. In addition, if
nancy. When two or more substances are com-              the complaint is against a student but is made
bined, there is often an effect that is stronger         by a faculty member or a staff member, these
than their additive sum.                                 procedures will govern disposition of the com-
    Students find that drug use is incompatible          plaint but the hearing panel will include both
with high-level academic performance. The                students and faculty members or students and
depression, apathy, and distraction that accom-          staff members. Complaints against faculty
pany drug use have resulted in poor academic             members by either students or staff will be
performance (failing grades) and the need to             resolved according to the procedures in the
take a leave from Pomona in order to receive             Faculty Handbook, and complaints against
adequate treatment for substance abuse prob-             staff members by either students or faculty will
lems.                                                    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.




                                                   126
                                                                   Disciplinary Policies and Procedures


          Statement of Policy                              lege, and which are motivated or based, in
                                                           whole or part, upon any of the foregoing cate-
    Pomona College seeks to maintain an envi-              gories, can constitute discrimination in viola-
ronment of mutual respect among all members                tion of this policy. For example, a faculty
of its community. All forms of harassment and              member who subjects a student to a stricter
discrimination on the basis of sex, religion,              grading standard than others due to the stu-
color, race, national origin, ancestry, sexual             dent's race would violate this policy.
orientation, physical or mental disability, age,               Harassment can take many forms and it
gender identity and expression or any other                needs to be emphasized that harassment can
basis otherwise prohibited by state or federal             be, and often is, nonphysical, including verbal
law, destroy the foundation for such respect               or visual conduct such as words, pictures, ges-
and violate the sense of community vital to the            tures, and other forms of expression. To count
College's educational enterprise.                          as harassment under this policy, such conduct
    This policy strictly prohibits discrimination          must: a) be based upon a person’s sex, reli-
against, or the harassment of, any individual at           gion, color, race, national origin, ancestry, sex-
the College or at official College activities              ual orientation, gender identity and expression,
occurring away from campus, including but                  physical or mental disability, age or any other
not limited to all individuals regularly or tem-           basis otherwise prohibited by state or federal
porarily employed, studying, living, or with an            law b) be offensive to the individual complain-
official capacity at Pomona College (such as               ing of harassment and offensive to a reason-
Trustees, guest lecturers, volunteers, and con-            able person, and c) be so persistent, repetitive,
tractors). Persons violating this policy will be           pervasive or severe that it has the effect of sub-
subject to disciplinary action up to and includ-           stantially interfering with an individual's acad-
ing expulsion from the College or discharge                emic or professional performance by creating
from employment.                                           an intimidating, abusive or hostile educational,
    Students, faculty, or staff who believe they           employment or living environment at the Col-
are being harassed or discriminated against,               lege. Harassment may also occur when sub-
have observed harassment of, or discrimina-                mission to conduct described above is made
tion against, another person at the College in             either explicitly or implicitly a term or condi-
violation of this policy, or believe such con-             tion of an individual's employment, education,
duct has occurred, should immediately report               living environment at the College, or participa-
the incident following the complaint-reporting             tion in a College activity.
procedures below.                                              Sexual harassment, like other forms of
                                                           harassment, clearly endangers an atmosphere
         Discrimination and                                of civility and respect and is not tolerated at
                                                           Pomona College. In addition to the types of
         Harassment Defined                                conduct summarized above, sexual harassment
    Discrimination is the denial of opportunity            can include unwelcome conduct such as sexual
to, or adverse action against, a person because            advances, unwanted touching, and conversa-
of that person's sex, gender identitity and                tion containing sexual comments.
expression, religion, creed, color, race, nation-              The College's definition of sexual harass-
al or ethnic origin, ancestry, sexual orientation,         ment is based on the definition formulated by
physical or mental disability, age, marital sta-           the federal Equal Employment Opportunity
tus, or any other basis described in Pomona                Commission, as follows:
College's Nondiscrimination Policy or other-                   Sexual harassment may be described as
wise prohibited by state or federal law.                   unwelcome sexual advances, requests for sex-
Actions or policies that provide unequal                   ual favors, and other verbal or physical con-
opportunity in education or employment or                  duct of a sexual nature when:
adversely affect the terms and conditions of a             (1) Submission to such conduct is made either
person's education or employment at the Col-                   explicitly or implicitly a term or condition


                                                     127
Disciplinary Policies and Procedures


    of an individual's employment, education,            Retaliation and Intentional False
    living environment at the College, or par-
    ticipation in a College activity; or
                                                             Charges Are Prohibited
(2) Submission to or rejection of such conduct               Retaliation against a person who reports,
    by an individual is used as the basis for            complains about, or participates in the investi-
    academic or employment decisions affect-             gation of harassment or discrimination is pro-
    ing that individual; or                              hibited and is a violation of this policy. To
(3) Such conduct has the purpose or effect of            protect against such behavior, any individual
    substantially interfering with an individ-           fearing retaliation may work with the Griev-
    ual's academic or professional perfor-               ance Officer to devise some measure of protec-
    mance by creating an intimidating, abu-              tion.
    sive or hostile educational, employment, or              For a student fearing retaliation from
    living environment at the College.                   another student, protection might include pro-
    In addition, in order to constitute sexual           viding a room change when possible, offering
harassment, the conduct must be offensive to             an unlisted telephone number or changing
the individual complaining of harassment and             hours of work. For a student fearing retaliation
offensive to a reasonable person of the same             from a faculty member, protection might
gender.                                                  include allowing a late course drop without
                                                         penalty; or an agreement with the student's
                                                         advisor or department chair to review the stu-
Harassment, Discrimination and                           dent's grading pattern for consistency in the
        Free Speech                                      class under question. Similarly, for a student
                                                         fearing retaliation from a staff member, protec-
    As an educational institution, Pomona Col-
                                                         tion might include the altering of work sched-
lege is committed to the principle of free
                                                         ules or living arrangements. Making a know-
expression and the exploration of ideas in an
                                                         ingly false charge of harassment or discrimina-
atmosphere of civility and mutual respect.
                                                         tion against anyone is also prohibited and is a
Thus, in keeping with the principles of acade-
                                                         violation of this policy.
mic freedom, there can be no forbidden ideas.
    Pomona College also recognizes that the
educational process can often be disturbing                           Confidentiality
and unsettling, particularly when one's current
ideas or values are being challenged. This                   All investigations will, to the extent possi-
means that the learning, working, and living             ble, be conducted confidentially consistent
environments might not always be comfortable             with the College's policy to be prompt and
for all members of the college community.                thorough. To protect all parties involved in an
The College does not proscribe speech simply             alleged harassment case, it is essential that the
because it is offensive, even gravely so. In             persons involved and any witnesses maintain
determining whether an act constitutes dis-              confidentiality. The breaching of confidential-
crimination or harassment, the context must be           ity is prohibited and is a violation of this poli-
carefully reviewed and full consideration must           cy.
be given to protection of individual rights,
freedom of speech, and academic freedom.                         Harassment and
    In addition, consistent with California Edu-
cation Code Section 94367, the definition of                      Discrimination
harassment contained in this policy and its                   Complaint and Resolution
application to student speech shall be subject
to the limitations of the First Amendment to                        Procedures
the United States Constitution and Article 1,                The surest prevention of harassment and
Section 2 of the California Constitution.                discrimination is the clear understanding
                                                         among all members of the community that

                                                   128
                                                                 Disciplinary Policies and Procedures


such behavior both will not be tolerated and                 The Grievance Officer may also determine
will be reported as soon as feasibly possible.           that although the conduct does not constitute
Any student, faculty member, or staff member             harassment or discrimination, if left unchecked
believing that she or he has experienced or              it could develop into harassment or discrimina-
observed harassment or discrimination in vio-            tion. In this case the Grievance Officer will
lation of this policy, or who believes such con-         speak with the student engaging in this conduct
                                                         and/or take other steps to prevent such harass-
duct has occurred, should promptly follow
                                                         ment or discrimination from occurring. An
these complaint procedures:                              effective harassment and discrimination policy
1) In cases of harassment, approach the                  involves taking every opportunity available to
    harasser and ask him/her to stop. If you are         educate those who may not realize that certain
    unable to approach the harasser or are               conduct could constitute harassment or discrim-
    unsuccessful in doing so, make a complaint           ination if left unchecked.
    to one of the College's Grievance Officers.
2) Complaints of harassment or discrimina-
    tion should be made to any of the following                         Investigation
    individuals, who are designated by the                   Every complaint will be investigated
    College as the Harassment and Discrimina-            promptly and thoroughly, including any alleged
    tion Grievance Officers to receive com-              instances of retaliation, intentional false
    plaints of harassment or discrimination in           charges, or breaches of confidentiality. In con-
    violation of this policy:                            ducting an investigation, the Grievance Officer
• The Office of the Dean of Students, Associ-            will be sensitive to the possibility of retaliation
    ate Dean Daren Mooko or Associate Dean               by the respondent as the result of the initiation
    Marcelle Holmes (Ext. 18017); Dean Ric               of an investigation. The Grievance Officer may,
    Townes (Ext. 72239);                                 at his or her discretion, appoint an outside neu-
• The Office of the Dean of the College, Asso-           tral investigator to assist in conducting the
    ciate Dean Katherine Haggedorn (Ext.                 investigation.
    18518);                                                  As part of the investigation process, the
• The Office of Human Resources, Brenda                  Grievance Officer may ask, but not require, the
    Rushforth, Director (Ext. 18175), Com-               complainant to submit a signed, written state-
    plaints may be made in person to the                 ment concerning the allegations. This statement
    Grievance Officer or in a written statement          should contain all relevant details, such as the
    that identifies the complainant, and should          names of the people involved, the names of any
    be made as soon as reasonably possible               witnesses, and the times and locations of the
    after occurrence of the events in question.          alleged harassing behavior.
                                                             The Grievance Officer may also prepare a
                                                         written statement of the charges. If a written
           Response of the                               statement is prepared, the Grievance Officer
         Grievance Officer to                            will furnish a copy to the respondent, who will
             Complaints                                  normally have one week from the date the
                                                         charges are sent to respond, either orally or in
    The Grievance Officer shall respond to               writing. (The respondent is the person who is
every complaint. Upon receipt of a complaint,            alleged to have engaged in harassing or discrim-
the Grievance Officer will consult with the              inatory behavior under this policy.)
complainant. (The complainant is always con-                 Any documents generated during this
sidered to be the person against whom viola-             process must be kept confidential by the parties
tions of this policy have allegedly occurred,            involved and not shared with witnesses or per-
even if a third party reports a complaint.) The          sons not involved in the matter. The written
Grievance Officer may, after investigation,              charges and/or response are not a required com-
determine that the conduct complained about              ponent of an investigation, and there will be no
clearly does not constitute harassment or dis-           adverse consequence for anyone who declines
crimination and so inform the complainant.               to submit a complaint or response in writing.
                                                   129
Disciplinary Policies and Procedures


 Methods of Solving Complaints                           tion procedure or who participates in an infor-
                                                         mal resolution procedure and then subsequent-
                                                         ly declines to sign the acknowledgment of res-
           Informal Resolution                           olution. The signed acknowledgment will be
                                                         kept in the confidential files of the Office of
    This informal procedure is intended to               Student Affairs and available to its Grievance
resolve actual or perceived instances of harass-         Officers.
ment and discrimination through agreement                    If either party declines to sign the acknowl-
and mutual understanding between the parties             edgment, the informal procedure will be
involved without the need for more formal                deemed unsuccessful.
action by the College. Informal resolution
will normally be completed within four weeks                          Formal Resolution
although mediation, if required, may take
longer.                                                      In cases where, after investigations, the
    After the Grievance Officer completes an             Grievance Officer determines that there are no
investigation, both parties may agree to                 material disputes (e.g., where the allegations
attempt an informal resolution of a charge of            do not constitute a violation of the policy or
harassment or discrimination. If the Grievance           where the respondent admits the allegations),
Officer determines that such an informal                 the Grievance Officer will prepare a final
process is appropriate under the facts and cir-          report and, if a violation of this policy is
cumstances of the case, one or more of the fol-          found, submit the report in the form of a rec-
lowing, or similar, methods may be utilized:             ommendation to the Vice President and Dean
(a) A meeting of the Grievance Officer, the              of Students for further action without the need
    complainant, and the respondent; and/or              for a hearing.
(b) A meeting between the Grievance Officer                  In all cases where informal resolution
    and the respondent; and/or                           attempts are not made or have failed, and
(c) A recommendation of training courses or              where there are disputes to resolve, the Griev-
    seminars for either principal; and/or                ance Officer will send the charge to a formal
(d) Referral of the case to a mediator who has           hearing. The procedure for formal resolution
    both legal and/or personnel relations expe-          will normally be completed within three
    rience. The mediator will discuss the                months of receipt of the complainant's written
    issues with both principals and seek appro-          statement or a written statement by the Griev-
    priate actions by the principals involved to         ance Officer, although the process may some-
    reach an acceptable resolution.                      times take longer.
    At the conclusion of an informal procedure               The complainant will be asked, but not
which results in the parties and the Grievance           required, to submit a signed, written statement
Officer agreeing the charge has been success-            concerning the allegations, if she or he has not
fully resolved, each party will be asked to sign         already done so. In the event the complainant
an acknowledgment that the informal proce-               refuses to submit a statement, or if the state-
dure was performed with her or his agreement             ment submitted is not sufficient, the Grievance
and resulted in a resolution of the charge that          Officer shall prepare a statement summarizing
was satisfactory to her or him.                          the charge.
    The details of any conditions agreed to by               This statement should contain the relevant
either party (e.g. counseling, the avoidance of          available details, such as the names of the peo-
a particular behavior) may be included in this           ple involved, the names of any witnesses, the
agreement. Signing the acknowledgment form               times and locations of the alleged misconduct,
is the final step in the informal resolution             and a summary of alleged Student Code viola-
process, and is entirely voluntary. There will           tions and circumstances that necessitate hear-
be no adverse consequences for anyone who                ing before the Harrassment Grievance Com-
declines to participate in the informal resolu-          mittee (HDGC). The Grievance Officer will


                                                   130
                                                                  Disciplinary Policies and Procedures


furnish a copy of the charge to the respondent,           response is already on file. The panel will be
who will have two weeks in which to submit a              chaired by the Grievance Officer. The com-
written response if he or she chooses, a copy             plaint and respondent will be informed of the
of which will be given to the complainant.                composition of the panel and have the right to
These documents must be kept confidential by              one peremptory challenge each. The com-
the parties involved and not shared with wit-             plainant and respondent may also indicate at
nesses or persons not involved in the matter.             this point if they think any members of the
There will be no adverse consequences for                 panel have a conflict of interest. The panel will
anyone who declines to submit a complaint or              make the final determination as to whether or
response in writing.                                      not such a conflict of interest exists, and may
    In cases where related complaints are sub-            consult with the Grievance Officer in making
mitted to both the Grievance Officer and the              its determination. Individuals removed from
Office of Student Affairs pursuant to the Stu-            the panel as a result of these challenges will be
dent Code, the investigation and/or hearing of            replaced according to the procedures outlined
the harassment or discrimination complaint                in Section X below. Normally, within one
will be completed first in accordance with this           week of their selection, the members of the
policy, and the results shall be binding on any           Committee panel will meet to discuss the com-
further proceedings. For example, if in the               plaint and the response.
course of resolving a charge under this policy,                The panel will conduct a prompt, thorough,
the panel also resolves all factual issues neces-         and unbiased hearing. It will invite the com-
sary to determine whether the Student Code                plainant and respondent to appear before it,
has been violated, there will be no Judiciary             and will hear and question witnesses, if there
Council hearing, and the charge under the Stu-            are any. The complainant and respondent may
dent Code may be sent to a Penalty Board for              be present at the hearing if they choose. The
imposition of a sanction or dismissed, as                 panel will conduct its own inquiry, receiving
appropriate. The Penalty Board shall be pro-              whatever information it deems necessary to
vided with the vote tally and may take into               assist it in reaching a determination as to the
account the fact that the finding of responsibil-         merits of the charge, including information
ity was made by a six-member panel instead of             obtained by the Grievance Officer during the
an eight-member panel. If the panel resolves              initial investigation. The panel may also rely
some but not all factual issues necessary to              upon the investigation conducted by the Griev-
determine whether the Student Code has been               ance Officer. Both parties may provide, for the
violated, and if there are further proceedings            panel's consideration, the names of any wit-
under the Student Code, the Judiciary Council             nesses they suggest be called.
will consider the finding of the panel as bind-                If the panel determines that "new" evidence
ing, and proceed to decide only the remaining             has been presented during the hearing, the
factual issues. The Penalty Board shall be                panel may adjourn the hearing for a period that
composed entirely of members of the HDGC.                 the panel deems appropriate to enable the com-
    The Grievance Officer will refer the written          plainant and/or respondent to respond to such
complaint and the response, if any, to a panel            evidence. Evidence is considered "new" only
of the HDGC and will notify the President that            if the panel believes the evidence is relevant
a formal hearing has been initiated. The sub-             and important and could not with a reasonable
mission of these documents to the Committee               effort have been discovered earlier by the
panel constitutes the opening of the formal               party.
procedure. The HDGC will select six mem-                       The panel will base its determination
bers to form a hearing panel in the manner                whether behavior constitutes discrimination or
described in Section IX below. Selection will             harassment under the policy on the evidence
normally be made within one week of receiv-               presented.
ing the response (or expiration of the two-                    The hearings will be closed, except to the
week response period) or sooner if the                    principals, and the attendance of lawyers will

                                                    131
Disciplinary Policies and Procedures


not be permitted. Each principal may have an             on the violator. The Vice President and Dean
advisor from within the College community,               of Students will communicate the decision to
approved by the panel, at the hearing. The               the Grievance Officer, panel, and the parties
advisor may consult with the party but may not           within two weeks. The Vice President and
address the hearing panel. Once the hearings             Dean of Students will also enter the decision in
have ended and the process of deliberation has           the permanent record of a student found to
begun, meetings of the panel will be closed to           have violated this policy.
all but panel members and the Grievance Offi-                In cases where related complaints are sub-
cer. All proceedings will be confidential and            mitted to both the Grievance Officer and the
will not be discussed outside the process. The           Office of Student Affairs pursuant to the Stu-
parties and any witnesses and advisors must              dent Code, the investigation and/or hearing of
keep the hearing proceedings strictly confiden-          the harassment or discrimination complaint
tial. The HDGC may only find responsibility              will be completed first in accordance with this
for charges or pieces of charges that appear on          policy, and the results shall be binding on any
the statement prepared by the Grievance Offi-            further proceedings.
cer. For example, harassment that not found to
be based on discrimination against any protect-
ed group may result in a finding of responsibil-                          Sanctions
ity only for general harassment.                             Sanctions for a violation of this policy may
     Decisions of the HDGC will be by majority           range from a warning to expulsion. Intermedi-
vote and limited to the issue of whether, in the         ate sanctions may include suspension or
panel's judgment, a violation of this policy has         required attendance at training courses and
occurred. Decisions shall be based on the                seminars, among other things. In appropriate
standard of "clear and convincing" evidence.             cases, the Vice President and Dean of Students
The Grievance Officer shall not vote except in           may temporarily suspend a student accused of
cases of a tie or when the panel is otherwise            violating this policy pending an investigation
unable to reach a conclusion. As soon as a               and/or hearing. Other interim steps, such as
decision on the case is reached, it will be sum-         separating the complainant and respondent or
marized in writing in the form of a recommen-            modifying class schedules, may also be
dation to the Vice President and Dean of Stu-            employed while the investigation and/or hear-
dents. The form and content of the panel's               ing is in progress.
written decision, which shall contain factual
findings and a written summary of the basis
for the conclusion, shall be agreed upon and                       Appeal of Decision
signed by all panel members. A confidential                  Once any case has been resolved, any stu-
copy of the panel's report will be given to the          dent sanctioned for a violation of this policy
complainant and the respondent and will be               by the formal procedure may appeal the deci-
placed in permanent confidential records in the          sion to the President of the College. The com-
Office of Student Affairs and available to its           plainant also has the right of appeal to the
Grievance Officers.                                      President in cases where a sanction is not
    The HDGC, upon a finding of responsibili-            imposed. Any appeal must be filed within one
ty, shall recommend a sanction to the Vice               week of notification of the decision. The Pres-
President and Dean of Students. The Vice                 ident will have access to the complete record
President and Dean of Students will have                 of the case. The President may reverse or
access to the complete record of the case and            uphold the decision in its entirety or may refer
will determine any sanctions to be imposed or            the case back to the Grievance Officer or panel
corrective action to be taken. The Vice Presi-           or, if appropriate, to the Vice President with a
dent and Dean of Students may consider both              request for reconsideration based upon specific
the gravity of the offense and prior conduct             objections. Written notice of any appeal deci-
record in determining sanctions to be imposed            sion shall be provided to both parties and the

                                                   132
                                                                   Disciplinary Policies and Procedures


Grievance Officer. The Grievance Officer will              a) Coordinate with the other Grievance Offi-
inform any HDGC members who are still at                      cers an on-going, campus-wide educational
the College of the appeal decision. Any sanc-                 program designed to help all members of
tions imposed shall remain in effect while the                the Pomona College community under-
appeal is being considered.                                   stand, prevent, and combat harassment and
                                                              discrimination;
                                                           b) Oversee the dissemination of this policy;
            Record Keeping                                 c) Suggest training courses and seminars as
    Each of the Grievance Officers will register              part of the informal resolution process;
each complaint of harassment or discrimina-                d) Initiate follow-up with respect to cases that
tion he or she receives. Records relating to                  have been resolved; and
such complaints will be confidential and main-             e) Provide annual reports to the President and
tained separately from other College records in               to the whole Pomona College community
secure locations in the offices of the Grievance              on efforts against harassment and discrimi-
Officers. Records of allegations maintained by                nation at the College.
the Grievance Officers, which do not result in
sanctions normally will be discarded after four
years unless there are additional complaints
                                                                  The Harassment and
against the same person within this four-year                   Discrimination Grievance
period.                                                                Committee
                                                               The Harassment and Discrimination Griev-
   Appointment and Duties of a                             ance Committee will consist of six faculty
    College Grievance Officer                              members, six staff members, and six student
     A senior administrator from the Office of             members appointed by the President, with the
the Dean of Students and a senior administra-              possibility of reappointment. Ordinarily each
tor from the Office of Campus Life serve as                group, i.e. faculty, staff, and students, will con-
Grievance Officers for Students Affairs. In                sist of three males and three females, chosen
addition, a senior administrator from the                  with regard to the heterogeneity of the College
Office of the Dean of the College and the                  community. In addition to these 18 full mem-
Director of Human Resources also serve as                  bers, the HDGC will have six other student
College Grievance Officers. The office                     members, ordinarily three males and three
responsible for the category of the respondent             females, selected from the Judiciary Council,
(i.e. student, faculty, or staff) normally will be         whose participation will be limited to cases in
in charge of the investigation. When a student             which the complainant and the respondent are
is the respondent, the Vice President and Dean             both students. The College Grievance Officers
of Students will determine which Grievance                 will receive nominations for members of the
Officer for Student Affairs will handle the mat-           Harassment and Discrimination Grievance
ter. It will be the responsibility of each Griev-          Committee from the Faculty Executive Com-
ance Officer to:                                           mittee, the Staff Council, and the Associated
a) Administer and conduct investigations pur-              Students of Pomona College.
     suant to this policy;                                     At the beginning of each academic year,
b) Maintain and monitor confidential records               members of the HDGC will receive education
     relating to complaints brought under this             on the grievance procedures as well as prob-
     policy;                                               lems and issues that arise in discrimination and
c) Initiate formal or informal resolution pro-             harassment cases. The HDGC will select six
     cedures as appropriate.                               of its members to conduct a hearing under the
                                                           formal resolution procedures. In all cases of
   The Grievance Officers shall also have the              alleged sexual or gender harassment, three of
   authority to:                                           the six panelists will be the same gender as the
                                                           complainant. If the complainant is a student,

                                                     133
Disciplinary Policies and Procedures


the panel will consist of six students selected              Potentially Coercive Relation-
from the 12 student members of the HDGC. If
the complainant is not a student, the panel will
                                                            ships Between Students, Faculty,
consist of three students from the six full mem-                        and Staff
bers of the HDGC and three members of the                      Sexual harassment may be at issue in rela-
committee from the category of the com-                    tionships that begin as consensual ones. Anyone
plainant. If, for some reason, an individual can-          in a position of institutional authority over other
not serve on a panel, e.g. because of perempto-            persons should be sensitive to the potential for
ry challenge or because the panel determines               coercion in sexual relationships that also
that one of its members has a conflict of inter-           involve professional relationships. These prob-
est, and cannot be replaced from among other               lematic relationships may involve persons in a
members of the HDGC, an alternate will be                  position of authority over their institutional
selected from the faculty, staff, or student bod-          subordinates or they may involve those who
ies at large by the Faculty Executive Commit-              teach and counsel students. The recommenda-
tee, the Staff Council, or the Associated Stu-             tions and requirements described below and
dents of Pomona College as appropriate. After              included as policy statements in both the
the panel has been selected, the Grievance Offi-           Pomona College Faculty Handbook and the
cer may indicate any instances where a conflict            Pomona College Staff Handbook are designed
of interest exists, and an alternate will be               to protect the integrity of the College’s instruc-
appointed as set forth above.                              tional, counseling, and supervisory responsibili-
                                                           ties by separating sexual relationships from
          Additional                                       professional ones.
                                                               All faculty and many staff are potentially in
  Opportunities for Reporting                              a position of power with regard to students;
 Harassment and Discrimination                             hence, sexual relationships between employees
                                                           and students are normally inappropriate. A sex-
    Because harassment and discrimination can
                                                           ual relationship between them, however, is alto-
also constitute violation of federal and state law
                                                           gether unacceptable when a faculty or staff
(Title VII of the Civil Rights Act of 1964, Title
                                                           member actually does have teaching, evalua-
IX of the Education Amendments of 1972,
                                                           tive, advising, or supervisory responsibilities
and/or Section 12940 of the State of California
                                                           for a student, even if the parties involved view
Government Code), any individual who feels
                                                           the relationship as consensual.
that she or he has been subjected to harassment
                                                               To protect the integrity of the educational
or discrimination may, in addition to notifying
                                                           process, the College expects a faculty or staff
the College by using the complaint reporting
                                                           member to:
procedures outlined in this handbook, file a
                                                           (a) refrain from taking any teaching, evalua-
complaint with the appropriate state or federal
                                                               tive, counseling, or supervisory roles
agencies. Such complaints may be filed with
                                                               involving a student with whom he or she
the California Department of Fair Employment
                                                               has had a sexual relationship in the past,
and Housing (DFEH) or the comparable federal
                                                               unless circumstances warrant a waiver.
agency, the Equal Employment Opportunity
                                                           (b)     remove himself or herself from any
Commission (EEOC). Complaints may also be
                                                               teaching, evaluative, counseling, or supervi-
filed with the federal government's Office of
                                                               sory role involving a student with whom he
Civil Rights (OCR).
                                                               or she is currently having a sexual relation-
                                                               ship, even if it is considered consensual.
            Review of Policy                                   Since the absence of the faculty or staff
                                                           member may deprive the student of education-
   This policy will be reviewed from time to
time by the Student Affairs Committee and/or               al, counseling, or career opportunities, both par-
administration and modified when appropriate.              ties should be mindful of the potential costs to
                                                           the student before entering into a sexual rela-

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                                                                    Disciplinary Policies and Procedures


tionship. If they nonetheless choose to do so,                     What is a Hate Crime?
and the faculty or staff member currently has
professional responsibilities for the student, the              A hate crime is a criminal act that is com-
parties involved should consult with either                mitted against the person or property of another
party’s Vice President about how best to imple-            because of the other person's actual or per-
ment the removal, abiding by the Vice Presi-               ceived race, color, religion, ancestry, national
dent’s decision. A faculty or staff person who             origin, disability, gender identity or expression
does not abide by rules (a) and (b) is at substan-         and sexual orientation.
tial risk under College policy of complaints of                 Hate crimes also include any such crimes
coercion or of preferential or prejudicial treat-          committed against the property of a public
ment. Should the complaint be found valid, the             agency or private institution - including educa-
faculty or staff member will also be subject to            tional facilities and advocacy groups - because
disciplinary action.                                       the property of the agency or institution is iden-
     A sexual relationship with a member of the            tified or associated with a person or group of an
faculty or staff for whom one has professional             identifiable race, color, religion, ancestry,
responsibilities may similarly put claims of               national origin, disability, gender or sexual ori-
consent into question or raise questions of                entation.
unfair evaluation. To protect the integrity of the              Some hate crimes may violate California
working relationships among employees, the                 and/or federal law, and the conduct underlying
College expects anyone in a position of authori-           them may violate Pomona College's policies,
ty to:                                                     including provisions of the Student Code and
(a) refrain from taking any supervisory, evalua-           the Harassment and Discrimination Policy.
     tive, or counseling roles involving a subor-
     dinate employee with whom he or she has               What is a Bias-Related Incident?
     had
     a sexual relationship in the past, unless the              Bias-related incidents are expressions of
     circumstances warrant a waiver.                       hostility against another individual (or group)
(b) remove himself or herself from any supervi-            because of the other person's (or group's) race,
     sory, evaluative, or counseling role involv-          color, religion, ancestry, national origin, disabil-
     ing a subordinate employee with whom he               ity, gender identity or expression and sexual
     or she is currently having a sexual relation-         orientation, or because the perpetrator perceives
     ship.                                                 that the other person (or group) has one or more
    The parties involved should consult with               of these characteristics. Depending on the cir-
either party’s Vice President concerning the               cumstances, a bias-related incident may not be
need for a waiver or a removal. The Vice Presi-            a crime, and may be protected speech. The
dent shall grant or deny the waiver or arrange             conduct underlying some bias-related incidents
for the removal, and the parties involved shall            may violate the College's policies, including
abide by the administrator’s decision. A faculty           provisions of the Student Code and the Harass-
or staff person who does not abide by rules (a)            ment and Discrimination Policy.
and (b) is at substantial risk under College poli-
cy of complaints of coercion, or of preferential
or prejudicial treatment. Should the complaint
                                                             How Do Free Speech Require-
be found valid, the faculty or staff member will            ments Impact Bias-Related Inci-
also be subject to disciplinary action.                          dents / Hate Crimes?
                                                               Free Speech requirements protect many
   Hate Crimes and Bias-                                   forms of "hateful" and intolerant speech and
                                                           expressive conduct, including that which occurs
  Related Incidents Protocol                               during such common College activities as
                                                           debates, speeches, arguments, conversations,
                                                           classroom discussions, lectures, distribution of

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