VIII. POLICIES OF NON-DISCRIMINATION AND SOCIAL RESPONSIBILITY
INTRODUCTIONThe policy is based on information gleaned from the following sources: "General Statement on Institutional Response to AIDS," American College Health Association; "AIDS on Campus," American Council on Education; the Centers for Disease Control; the Public Health Service.
The following four major working assumptions underlie the College's policy with respect to AIDS: (1) the primary role and response of the College is educational, a role that it will actively pursue; (2) the goal of the College in conjunction with the Student Health Service is to focus on prevention; (3) current medical evidence is that AIDS is not transmitted by casual contact; and (4) any policy needs to be flexible and allow for case-by-case analysis without surrendering consistency of purpose.
1. POLICY
a. Discrimination: Pitzer College will not discriminate on the grounds that a student, faculty or staff member has or is suspected of having AIDS, AIDS-Related Complex (ARC), or a positive HIV antibody test.
b. Confidentiality: Medical information about any Pitzer College student, faculty or staff member with AIDS, AIDS-Related Complex, or a positive HIV antibody test will be handled confidentially.
2. PROCEDURES
a. Procedures Regarding Students
i. Admission: Consideration of AIDS, ARC, or a positive HIV antibody test will not be part of the admissions process.
ii. Academic, Social and Residential Life: Students with AIDS, ARC, or a positive HIV antibody test will be allowed to attend classes and participate in college social and residential life as long as they are physically able. Having AIDS, ARC, or a positive HIV antibody test will not be a basis for excluding a student from classes or other college facilities. If the disease becomes disabling, the College shall endeavor to reasonably accommodate the student. In so doing, it will follow the same principles that it uses in dealing with other physically disabling conditions.b. Procedures Regarding Faculty and Staff
i. Hiring, Promotion, and Tenure: Consideration of AIDS, ARC, or a positive HIV antibody test will not be part of the hiring, promotion, or tenure process.
ii. Employment and Use of Facilities: Faculty and staff with AIDS, ARC, or a positive HIV antibody test will be allowed to perform their jobs and participate in college social and residential life as long as they are physically able. Having AIDS, ARC, or a positive HIV antibody test will not be a basis for excluding a member of the faculty or staff from their work, from classes, or from other college functions and facilities. If the disease becomes disabling, the College shall endeavor to reasonably accommodate the individual. In so doing, it will follow the same principles that it uses in dealing with other physically disabling conditions.
iii. Sick Leave Procedures: AIDS or ARC will be treated like any other illness, and Pitzer College will conform with Claremont Colleges' sick leave and disability leave procedures for faculty and staff members with AIDS or AIDS-Related Complex.
iv. Annual Review: The AIDS policy and procedures will be reviewed annually by the Dean of Students.
1. Prohibitions: Consistent with its obligations under applicable laws, it is the policy of Pitzer College to maintain a drug and alcohol abuse free environment. The unlawful manufacture, possession, distribution, dispensation, sale, transportation, offer to sell, promotion, purchase and/or use of illicit drugs (as defined in schedules I through V of the Controlled Substances Act 21, U.S. Code 812, as amended) or unlawful alcohol on the Pitzer College campus, or at any off-site activity sponsored by the College, is prohibited. In addition, employees shall not report for work or work under the influence of any drug or alcohol or other substance which will impair work performance, alertness, coordination or response, or affect the safety of others on the job. Controlled substances include, but are not limited to such substances as marijuana, heroin, cocaine, barbiturates, amphetamines, and other narcotics.
2. Reporting Obligations: In accordance with the Drug-Free Workplace Act of 1988, any employee who is convicted of a criminal drug statute violation occurring in the workplace or at any off-site activity sponsored by the College, must, within five (5) days after the conviction, notify Pitzer of such conviction by informing the human resources director, dean of faculty or president. Appropriate federal grant agencies will be notified within ten (10) days (as required by law) after we have been informed of such a conviction.
3. Applicability: All employees of Pitzer College, including faculty, staff and student employees, must comply with this policy as a condition of employment. Persons who are not employees of the college but who perform work at the college for its benefit (such as contractors and their employees, temporary employees provided by agencies, visitors engaged in joint projects, etc.) are required to comply with this policy. Violation of this policy by such persons is likely to result in their being barred from the workplace upon the first offense.
4. Health Risks:
In addition to the detrimental effects on performance, health risks of drug abuse have been well researched and documented:
a. All drugs are toxic or poisonous when abused. Health risks of drug abuse include, but are not limited to, sleep disorders, confusion, hallucinations, paranoia, deep depression, malnutrition, liver and kidney damage, cardiac irregularities, hepatitis, neurological damage, and the transmission of the AIDS virus through infected needles.
b. Alcohol is a depressant. It depresses the central nervous system and can cause serious physical damage. Excessive drinking damages the liver, resulting in cirrhosis; chronic alcohol abuse also causes hypertension, cardiac irregularities, ulcers, pancreatitis, kidney disease, cancer of the esophagus, liver, bladder or lungs; memory loss, tremors, malnutrition, vitamin deficiencies and possibly sexual dysfunction.
c. Abuse of alcohol or drugs during pregnancy increases the risk of birth defects, spontaneous abortion, and still births.
d. Substance abuse often leads to on-the-job accidents and absenteeism.5. Local, State and Federal Legal Sanctions
Local, State and Federal laws establish severe penalties for unlawful possession or distribution of controlled drugs and alcohol. These sanctions, upon conviction, may range from a fine to imprisonment. In the case of possession and distribution of illegal drugs, these sanctions could include the seizure and summary forfeiture of property, including vehicles. It is especially important to know that federal penalties for illegally distributing drugs include life imprisonment and fines in excess of $1,000,000. Some examples of local or State laws are:
a. Unlawful possession of a narcotic drug is punishable by imprisonment in the state prison.
b. The purchase, possession or consumption of any alcoholic beverage (including beer and wine) by any person under the age of 21 is prohibited)
c. It is not permissible to provide alcohol to a person under the age of 21.
d. Selling, either directly or indirectly, any alcoholic beverage to anyone, except under the authority of the California Alcoholic Beverage Control License, is prohibited.
e. It is a felony to induce another person to take various drugs and “intoxicating agents” with the intent of enabling oneself or the drugged person to commit a felony. The person who induced the other may be a principal in any crime committed.
f. Any person found to be under the influence of an intoxicating liquor or drug in a public place and unable to care for his/her own safety or interfering with the use of a public way is guilty of disorderly conduct which is a misdemeanor.6. AVAILABLE RESOURCES, EDUCATION AND ASSISTANCE
The College recognizes drug and alcohol dependency as treatable conditions and offers support programs through the College’s Employee Assistance Program and health insurance plans. Employees who are concerned about problems related to substance use, abuse and rehabilitation are encouraged to seek assistance through these resources. The Employee Assistance Program provides five, free counseling sessions to any benefits-eligible employee or family member. Continued appointments at low-cost rates may be arranged. To access the Psychology Systems plan, call 1-800-992-8448. The contact is completely confidential. In addition, you can contact the Pitzer Human Resources Director who will provide other confidential referrals as a constructive way for employees to voluntarily deal with drug and alcohol related problems. The Claremont Colleges sponsor and present seminars and workshops on substance abuse from time to time. A biennial review of this program and policy will be conducted to determine its effectiveness.
Sanctions: Pitzer College will impose sanctions on individuals and/or organizations who violate this policy. These sanctions will be consistently enforced and penalties will depend on the severity of the offense. Penalties may include termination from employment and referral for prosecution of the most serious violations of law and this policy. For example, an employee found to be selling illegal drugs will be subject to discipline up to and including discharge from employment. Disciplinary action may be invoked entirely apart from any civil or criminal penalties which may apply to the employee or organization.
C. STUDENT DRUG & ALCOHOL POLICY
The illegal consumption of alcohol and drugs is not permitted at Pitzer College or at college-sponsored off-campus activities, and is subject to administrative or judicial response. Furthermore, the College strongly discourages the irresponsible consumption of alcohol at the College and at college-sponsored off-campus activities. The consumption of alcohol by students over 21 years of age is allowed at approved registered events and in the privacy of their own room, provided that their behavior does not disturb others. The following are prohibited:
- The use of alcoholic beverages by individuals under the age of 21.
- The sale or furnishing of an alcoholic beverage to anyone under the age of 21.
- The sale of alcoholic beverages without a valid license. The exchange of funds at an event where alcohol is served (e.g., donations at the door, admission charges, the purchase of cups, etc. is interpreted as sale.)
- Large quantities of alcohol at unregistered events and in private rooms (e.g., kegs, pony egs, beer balls, etc.). Such quantities of alcohol may be confiscated.
- The consumption of alcohol in public areas, with the exception of special events registered with the Dean of Students or his/her designee. Public areas include administrative and academic buildings, residence hall common areas including lobbies, living rooms, special purpose rooms, corridors, basements, stairwells, laundry and vending machine areas; and outdoor areas including sun-decks, courtyards, parking lots, etc. [see guidelines for special events registration in Student Handbook]
- The use of student activity funds to purchase alcoholic beverages.
- Tampering or altering students Ids or using false ID.
- Any advertising for events which indicates or implies that alcohol is to be served. The College requires the prior approval of all advertising for events by the Dean of Students or her/his designee.
- Disorderly behavior related to alcohol use. Hosts, sponsoring individuals and/or organizations are responsible and accountable for such behavior.
Regulations Regarding Drugs—the following are prohibited:
- The possession, use, cultivation, sale or transfer of illicit drugs.
- The possession of drug paraphernalia, including pipes, needles or other contrivances used in the consumption of illicit drugs. Such paraphernalia will be confiscated.
- Disorderly behavior related to drug use, individuals will be held accountable for such behavior.
D. SEXUAL HARASSMENT POLICY AND PROCEDURES
SECTION I: POLICY
Policy Statement:
It is the policy of Pitzer College to maintain the College community as a place of work and study for students, faculty, and staff free of sexual harassment and all forms of sexual intimidation and exploitation. It is fundamental to the concepts of academic freedom and equal opportunity that each member of the College community be treated with dignity and without regard to any factor irrelevant to participation in the activities of this community.
It is further the policy of the College to prevent, correct, and remedy sexual harassment. All students, faculty, and staff are subject to this policy. Persons who are not employees of the College but who perform work at the College for its benefit (such as contractors and their employees, temporary employees provided by agencies, visitors engaged in joint projects, etc.) are required to comply with this policy. Violation of this policy by such persons is likely to result in their being barred from the workplace upon the first offense. All members of the College community are encouraged and expected to make it known promptly, through the avenues identified below, whenever they experience or witness sexual harassment as defined below. Likewise, all members of the College community are encouraged and expected to make it known promptly, through the avenues identified below, whenever they have knowledge that false charges of sexual harassment have been made. Individuals who have been judged to violate this sexual harassment policy will be subject to appropriate corrective action, which may include, but is not limited to, written warning, transfer, suspension, or dismissal. Reprisals against an individual who in good faith raises a concern or makes a charge about behavior that may violate this policy are against the law and will not be tolerated. Intentionally false charges are grounds for discipline and may constitute just cause for dismissal. After investigating complaints of harassment under this policy, the College may impose discipline for inappropriate conduct that comes to the College’s attention, without regard to whether the conduct constitutes a violation of law.
Pitzer College is committed to the principles of free inquiry and free expression. Vigorous discussion and debate are fundamental to the College, and this policy is not intended to stifle freedom of expression nor will it be permitted to do so.
What is Sexual Harassment?
Sexual harassment consists of unwanted and unwelcome sexual advances, requests for sexual favors, and other visual, verbal, or physical conduct of a sexual nature:
When submission to such conduct is made either explicitly or implicitly a term or condition of an individual's employment, academic status, or progress; or
When submission to, or rejection of, such conduct by the individual is used as the basis for employment or academic decisions or evaluations affecting the individual; or
When the conduct has the purpose or effect of creating an intimidating, hostile, or offensive work, educational, or student living environment; or
The determination of what constitutes sexual harassment depends upon the specific facts and the context in which the conduct occurs. Sexual harassment may take many forms. It may be subtle and indirect, or blatant and overt. It may be conduct affecting an individual of the opposite sex or conduct affecting an individual of the same sex. It may occur between peers or between individuals in a hierarchical relationship. An important question is always whether the conduct is unwelcome to the individual to whom it is directed, regardless of the intentions of the actor.
Sexual harassment may include unwelcome verbal comments, written harassment via notes, letters, or electronic mail messages and displays on public work stations. Coercive behavior, including suggestions that academic or employment reprisals or rewards will follow the refusal or granting of sexual favors, constitutes gross misconduct and will not be tolerated; a single incident of coercive behavior could be grounds for discharge or expulsion. Sexual harassment usually involves sexual advances that are repeated and unwanted.
CONSENSUAL RELATIONS POLICY
The College recognizes and individuals should be aware that consensual sexual relationships can result in claims of sexual harassment because the degree to which consent is voluntary may be questioned when a power differential exists. If a sexual harassment claim is filed following what one or both of the parties may have initially viewed as a consensual relationship, the consent is evaluated in light of this power differential.
Sexual relationships between employees and their supervisor or students and faculty members with whom they also have an academic or evaluative relationship are fraught with the potential for exploitation. The respect and trust accorded a professor by a student or a supervisor by an employee, as well as the power exercised in an academic or evaluative role, make voluntary consent suspect. Even when both parties initially have consented, the development of a sexual relationship renders both parties and the College vulnerable to possible later allegations of sexual harassment in light of the significant power differential that exists between them. In their relationships with students and staff members, faculty and supervisors are expected to be aware of their professional responsibilities and avoid apparent or actual conflict of interest, favoritism, or bias.
Sexual relationships that involve a faculty member who exercises active and immediate authority over a student, as in the case of a faculty member and a student currently studying with the faculty member and/or an advisor and advisee relationship, are prohibited whether or not the relationships are consensual. The same is true of a supervisor/employee relationship. A supervisor and faculty member must remove him/herself from positions of active and immediate authority over the employee or student before a sexual relationship begins. The College has the right to take disciplinary action, up to and including dismissal, against a faculty member or supervisor for participation in a relationship which involves such a conflict.
In the case of a sexual relationship in which the parties believe that the restrictions of the preceding paragraph do not apply, it is the obligation of the supervisor or faculty member, because of his/her position of authority, to take all necessary steps to remove herself/himself from professional or institutional actions, such as providing recommendations or participating in the awarding of departmental prizes, performance reviews or promotions, which affect the student and/or employee. Before a sexual relationship develops, effective steps must be taken to ensure unbiased evaluation and supervision of the student or employee. Failure to do so may result in disciplinary action, the level of which will depend on the severity of the potential or actual conflict. These requirements also apply to past sexual relationships. Faculty members, students, supervisors and staff members are encouraged to seek assistance and guidance from the Dean of Faculty, Dean of Students or Director of Human Resources to ensure compliance with this Policy.
Because consenting relationships may in time lead to liability for the College and the individual faculty member or supervisor, based on claims of harassment, the College will not approve such relationships. It should not be assumed that because a person in authority at the College has knowledge of the relationship that the College has condoned the relationship.
Disciplinary action for a consenting relationship, if taken, will be conducted in accordance with the procedures and standards specified in this policy. Additionally, as stated in the policy, intentionally false charges are grounds for discipline and may constitute just cause for dismissal.
GLOSSARY:
In addition to “sexual harassment” which has already been defined, there are other terms such as “concern” and “charge,” that are used in a somewhat technical way throughout this document and are defined below:
A concern is a question or problem involving alleged sexual harassment or similar conduct that an individual wants to discuss without (yet) having made the decision to pursue the matter further. The reason for distinguishing between concerns and complaints is that members of the College community should be able to get advice about behavior that may constitute sexual harassment even if they are not certain that it violates this policy, or that they want to take action. Peer Counselors are prepared to discuss concerns related to sexual harassment.
A charge is an assertion that a named individual has violated this policy. A charge may be lodged by filing a complaint with one of the Designated College Officials, using informal or formal resolution procedures.
A complainant is an individual making a charge; the complainant must consent to being identified to the person being charged if necessary to investigate and resolve the complaint.
A respondent is the individual(s) against whom a charge has been made.
Informal resolution of a concern or a charge means an outcome achieved by advising, mediation, or other informal processes, rather than through the College’s formal resolution procedure.
Formal resolution of a charge means an outcome achieved by the Hearing Committee and designated college officials, all of whom have received training for handling charges of sexual harassment.
Designated College Officials :
Student Contact: Dean of Students, Scott Hall, Ext. 72821/18241 Faculty Contact: Dean of Faculty, Fletcher 208, Ext. 18217 Staff Contact: Director of Human Resources, McConnell 312, Ext. 18254
Peer counselors are the two volunteers available to each constituent group (staff, faculty, and students; one of each gender) to serve as advisors in first discussing what has occurred and to make initiating or responding to a charge of harassment as non-threatening as possible. Peer Counselors are not required to report information from their discussions with peers. Their role is to provide assistance to peers who have a valid complaint should they wish to pursue a concern of sexual harassment with one of the Designated College Officials. Peer Counselors are prepared to discuss concerns involving alleged sexual harassment.
The Hearing Panel will consist of eighteen people who have received training for handling charges of sexual harassment: at least one female and one male representative from each group, all appointed by the President, in consultation with the Faculty Executive Committee, in the following manner:
Faculty: 1 - from the Judicial Council 5 - from the faculty at large Staff: 1 - Pitzer representative to the Staff Grievance Committee 5 - from the staff at large Students: 1 - from the Judicial Council 5 - from the student body (Chair to be designated by the President)
Hearing Committee : The Chair of the Hearing Panel will select five individuals, who to the extent possible are acceptable both to the complainant and to the respondent, to serve as a Hearing Committee for each individual case. The Chair will ensure that each committee consists of at least two females and two males. The five-member Hearing Committee will be composed as follows:
Conflict Committee Composition Faculty-Faculty 3 Faculty, 1 Staff, 1 Student Staff-Staff 3 Staff, 1 Faculty, 1 Student Student-Student (See The Code of Student Conduct) Faculty-Staff 2 Faculty, 2 Staff, 1 Student Faculty-Student 2 Faculty, 2 Students, 1 Staff Staff-Student 2 Staff, 2 Students, 1 Faculty
SECTION II - PROCEDURES FOR DEALING WITH SEXUAL HARASSMENT:
Anyone may seek advice, information, or counseling on matters related to alleged harassment without having to lodge a complaint. Persons who believe they are being harassed, or are uncertain as to whether what they are experiencing is harassment, are encouraged to talk with one of the constituent group’s peer counselors. At least two peer counselors (one of each gender) will be available to each constituent group (staff, faculty, and students) to serve as advisors in first discussing what has occurred and to make initiating or responding to a charge of harassment as non-threatening as possible. However, faculty members or supervisors who acquire knowledge of an alleged sexual harassment incident involving a student are obligated to report the incident to one of the Designated College Officials. Supervisors who become aware of a staff member being harassed are also obligated to report. The names of the six or more peer counselors and hearing panel members will be published and distributed every year.
The person seeking information and advice will be counseled on the options for action available under this policy. Information disclosed through this peer advising process will be held in confidence, unless the initiating individual agrees that additional people must be informed in order to facilitate a solution. However, once an individual has been named to a Designated College Official as an alleged harasser, the College will take investigative and/or remedial action in response to information provided to peer counselors.
An initial course of action for any faculty, staff, or student who believes that s/he is being sexually harassed, is for that person to tell or otherwise inform the alleged harasser that the conduct is unwanted, unwelcome, and must stop. However, in some circumstances this course of action may not be feasible or may be unsuccessful. The College provides both informal and formal complaint resolution procedures. The complainant may choose either procedure for a resolution. (Note: Student-Student cases will be handled according to The Code of Student Conduct.)
In addition, the resolution process may be commenced by the Designated College Official any time the College becomes aware of conduct which may be considered a violation of this policy.
Upon receipt of a complaint alleging sexual harassment prohibited by this policy, or at the time that the Designated College Official initiates the resolution process, the Designated College Official may make a determination whether interim action, pending the conclusion of the investigation, is required. Such action may include temporary transfer or reassignment to separate the individual accused of sexual harassment from the complaining individual, paid leave of absence, or other non-punitive measures that, in the discretion of the Designated College Official, are necessary or appropriate for the completion of the investigation and resolution process.
CONFIDENTIALITY: The College will endeavor to maintain the confidentiality of any information provided to the College regarding alleged sexual harassment. However, in some instances, information must be disclosed in order to conduct a thorough and fair investigation. Accordingly, the College cannot guarantee that information provided to it regarding alleged harassment will be kept confidential if that information must be disclosed in furtherance of an investigation. Any individual who participates in an investigation of alleged sexual harassment pursuant to this policy, including any individual complaining of sexual harassment, accused of sexual harassment or witness to the alleged sexual harassment, is expected to maintain the confidentiality of all discussions regarding the alleged harassment and regarding any investigation or corrective action taken by the College.
INFORMAL RESOLUTION
This informal procedure is intended to resolve an actual or perceived instance of sexual harassment short of a formal hearing. If the complaint is not resolved informally, either the complainant or the designated college official will initiate a formal resolution process. The aim of an informal resolution is to ensure that the alleged offending behavior cease and that the matter be promptly resolved. The charge is resolved when the complainant, the respondent, and the designated college official are in agreement as to a satisfactory conclusion. The informal resolution process will not normally take more than four weeks.
Examples of informal procedures to resolve a charge of sexual harassment may include but are not limited to:
a meeting between the Designated College Official and the alleged harasser;
a meeting with the Designated College Official, the complainant and/or an informal advocate (such as a friend or colleague but not an attorney), and the alleged harasser and/or an informal advocate (such as a friend or colleague but not an attorney);
a short series of such meetings;
the use of a mediator if the complainant and the alleged harasser agree. The mediator should be a person with both legal and personnel or academic relations experience who is acceptable to both parties. He/she would discuss the issues with both principals and seek appropriate actions by one or both parties to reach an acceptable resolution.
Satisfactory resolutions may include but not be limited to the following outcomes, not all of which are mutually exclusive:
The respondent agrees to cease the offending behavior immediately.
The respondent apologizes to the complainant.
The respondent agrees to become more educated about sexual harassment (e.g., by reading or attending a relevant workshop) or to seek counseling.
The complainant agrees that the offending behavior was not intended to be offensive and the respondent agrees to be more conscious of possibly offensive behavior.
The complainant agrees to withdraw his/her allegation of sexual harassment.
The complainant or the respondent agrees to change his/her workplace assignment or educational environment.
FORMAL RESOLUTION
To initiate the formal resolution process, the complainant should promptly inform one of the Designated College Officials that s/he believes that s/he has been the victim of sexual harassment and wants to file a charge. A formal resolution process, including immediate investigation and appropriate corrective action may also be initiated by the Designated College Official, even in the absence of a formal complaint. In either case, the Designated College Official will submit a written summary of the alleged incident to the Chair of the Hearing Panel who will select a Hearing Committee which will begin a formal investigation and determine whether a violation of the College's policy prohibiting harassment has occurred.
The Hearing Committee should complete its work within sixty days of receipt of the complainant's charge by the College. This time frame may be extended due to complexity of the issues or with the consent of both parties.
The Hearing Committee will conduct a full, impartial, and timely investigation, and will provide the respondent with a written statement of the allegations, to which that individual will be required to respond in a timely manner. During the course of the investigation the Hearing Committee will hear the complainant, the respondent, and relevant witnesses. To the extent possible, charges will be handled confidentially, with the facts made available only to those who have a need to know for purposes of investigation or resolution.
At the conclusion of its investigation, the Hearing Committee will prepare a written report which will detail the allegations, the evidence in the case, the persuasiveness of the evidence, the consistency of the testimony, and the credibility of the witnesses, then determine whether there has been a violation of the College's policy prohibiting sexual harassment. On the basis of that determination the Committee will recommend corrective actions or recommend that no further action be taken.
A copy of the Hearing Committee’s report with its determination and recommendation will be given to one of the following * vice presidents who will review this information. The vice president shall review the determination and recommendation of the Hearing Committee and shall on that basis make a final determination, with a written explanation, regarding resolution of the complaint. Where appropriate, the vice president may request that the Hearing Committee conduct further investigation if necessary to reach a final determination. The vice president shall provide a copy of that determination to the respondent, the complainant, the Hearing Committee and the President. The vice president shall not implement a corrective action for a period of at least two weeks from the date that these notices are issued in order to allow for the possibility of an appeal to the President.
If The Respondent Is: Vice President Will Be: A Faculty Member: V.P./Dean of Faculty A Staff Member V.P. from the Respondent's Department A Student: V.P./Dean of Students
* In the event that a vice president is a respondent or complainant in a charge of sexual harassment, the Hearing Committee will present its report of determination and recommendations to the President. The Executive Committee of the Board will hear appeals. If the President is the respondent or complainant in a charge of sexual harassment, FEC will appoint a Hearing Committee. The Hearing Committee’s report will be directed to the Executive Committee of the Board, without the Chairperson of the Board being present. Appeals will be heard by the Chairperson of the Board.
APPEALS PROCESS:
An appeal of the final determination may be submitted in writing by either party directly to the President, but must be filed within two weeks of the date that notice of the determination was issued to the respondent and to the complainant. (This requirement may be extended for good cause). An appeal must be based on the following: significant new evidence; procedural error, including the misapplication of policy or legal standards; bias of decision maker; or the harshness of the recommended sanction. The President will provide written notice of the appeal decision to the respondent, the complainant and the vice president within one week of the date upon which the President received an appeal.
CORRECTIVE ACTIONS may include but not be limited to the following, not all of which are mutually exclusive:
A letter from the offender acknowledging the offense and apologizing to the complainant;
A letter of reprimand to the offender;
Mandated education regarding sexual harassment;
A notice of the offense prepared and placed in the personnel file or the student file of the offender;
Suspension of the contract of employment or, in the case of a student, the enrollment and/or residence of the offender;
Freezing of salary;
Reallocation of responsibilities;
Termination of employment or dismissal from the College.
FALSE ACCUSATIONS:
INTENTIONALLY FALSE CHARGES ARE GROUNDS FOR DISCIPLINE AND MAY CONSTITUTE JUST CAUSE FOR DISMISSAL.
INTERCOLLEGIATE OFFENSE: Contact your Designated College Official first (refer to list on page 3). Ordinarily, the resolution of an intercampus charge of sexual harassment by a faculty, staff, or student member of one college or Central Programs and Services (CP&S) against a member of another college or CP&S will be made using the established sexual harassment policy and procedures of the respondent’s college or CP&S. However, where appropriate or necessary, the College will take further investigative or corrective action to ensure a work or academic environment free of unlawful harassment for all members of the Pitzer College community. A designated individual at the complainant’s college or CP&S will assist the complainant in pursuing the charge through the respondent’s college. At the complainant’s request, a designated individual at the complainant’s college may accompany the complainant to the hearing at the alleged respondent’s college. The respondent may have equal representation. Each college and CP&S will publish its procedures regarding sexual harassment, and make copies available in the offices of the academic deans, the student deans, the human resource officers and the presidents.
APPENDIX
WHAT TO DO ABOUT SEXUAL HARASSMENT
If you feel you have been sexually harassed, do not remain silent. Ignoring sexual harassment does not make it go away. Indeed, it may make it worse as the alleged harasser may misinterpret a lack of response as approval of the behavior. There are several things that can be done to stop sexual harassment:
Know your rights. Sexual harassment is illegal. Pitzer College has a specific policy prohibiting sexual harassment. Familiarize yourself with this policy.
Speak up. If you can, tell the person to stop. State clearly and firmly that you want a particular behavior to cease. This is not a time to be polite or vague. There is a chance that the alleged harasser does not realize that a particular behavior is offensive. If you feel you cannot speak up, talk with one of the resource persons listed in this brochure for further help and guidance.
Get information and support . Designated college officials and peer counselors can provide support and advice about Pitzer’s policy and procedures. They can help you understand your options and explore ways of resolving your particular situation. They will review with you the informal and formal procedures available for dealing with issues of sexual harassment. If you choose to file a charge, it will be investigated by the appropriate designated college official. Sexual harassment peer counselors can assist in informal resolutions which might include any of the following:
Writing a letter. Many people have successfully stopped sexual harassment by writing a letter to the alleged harasser. The letter includes a factual account of the offending behavior, a description of how the behavior was experienced by the writer, and a simple statement that the writer wants that particular behavior to stop. The letter should be polite, low-key and factual. A copy should be kept by the writer. In the unlikely event that the letter fails to achieve its purpose, it could be used as evidence in support of a charge or lawsuit. Copies should be sent to no one else. If the letter is to work, it must be a private communication between the persons involved. The recipient of the letter rarely writes back and usually the sexual harassment stops immediately.
A moderated discussion. If you request this (and the other party agrees) a moderated discussion can be set up to assist in resolving the situation. A more structured mediation is also possible, if both parties agree.
Initiate Informal and/or Formal Resolution procedures as described in the College’s Sexual Harassment Policy.
Keep records or a journal. Save any letters, e-mail, or notes received as they can be helpful if the harassment persists. Record dates, places, times, witnesses and the nature of the harassment--what was said and/or done, when, and how you responded.
WHAT NOT TO DO
Do not blame yourself. Sexual harassment is not something one brings on oneself.
Do not delay. Delay in action in cases of sexual harassment only increases the probability that the harassing behavior will continue.
Do not hesitate to seek help. Being quiet about sexual harassment enables it to continue. Chances are very good that you are not the only one who has been harassed. Speaking up may prevent others from being harmed.
SEXUAL HARASSMENT, ACADEMIC FREEDOM AND FREE SPEECH
Pitzer College is committed to the principles of free inquiry and free expression. Vigorous discussion and debate are fundamental to the College, and this policy is not intended to stifle freedom of expression nor will it be permitted to do so. The College’s statement on academic freedom can be found in the Faculty Handbook at the end of the section on By-laws and Student Governance.
LEGAL AUTHORITY :
The College has the legal authority to maintain reasonable standards of conduct for members of the college community to promote the goals of the College, which include the maintenance of a working and learning environment free of harassment. In addition, sexual harassment is a form of sex discrimination which is prohibited by Title VII of the Civil Rights Act of 1964, by Title IX of the Education Amendments of l972, and by the California Fair Employment and Housing Act, specifically Government Code Sections l2940 (a), (h), and (i). Pitzer College's Equal Opportunity/Affirmative Action Policy also prohibits sex discrimination.
RETALIATION:
Retaliation against persons for opposing practices prohibited by the Fair Employment and Housing Act and Title IX, or for filing a complaint with, or otherwise participating in an investigation, proceeding or hearing conducted by, the Department of Fair Employment and Housing, the Fair Employment and Housing Commission, the U.S. Equal Employment Opportunity Commission, or the Office of Civil Rights, is prohibited by law.
ADDITIONAL LEGAL REMEDIES :
In addition to the internal remedies described above, remedies external to the institution 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, you may contact any of these offices. The addresses and telephone numbers of the offices in closest proximity to Claremont are:
California Department of Fair Employment and Housing
| LOS ANGELES OFFICE: | SAN BERNARDINO OFFICE: |
| 611 West Sixth Street, Suite 1500 | 1845 S. Business Center Drive, Suite 127 |
| Los Angeles, CA 90017 | San Bernardino, CA 92408-3426 |
| (213) 439-6799 | (909) 383-4373 |
United States Equal Employment Opportunity Commission
255 East Temple, 4th Floor
Los Angeles, CA 90012
(213) 894-1000
Office of Civil Rights, Department of Education
50 United Nations Plaza, Room 239
San Francisco, CA 94102-4102
(4l5) 556-4275
Original Policy approved by College Council 3/7/96; Approved by OCR s
Revisions Approved by College Council 2/27/03Spanish version alone; updated 3/1/03
1. POLICY
It is the policy of Pitzer College to ensure, to the fullest extent possible, that any faculty or staff member who is the victim of sexual assault committed on the campus shall receive treatment, support, and information. Sexual assault includes both rape and gender-related physical assault. Rape is defined as sexual contact in which there is penetration of a bodily orifice by an object (usually, but not necessarily, a penis) in the absence of mutual consent. Gender-related physical assault is defined as sexual or gender-related physical violence in which no penetration occurs.
Pitzer College will not tolerate sexual assault, whether directed at males or females or whether committed by a stranger or an acquaintance. We have an obligation to address the needs of the sexual assault victim as well as a responsibility to protect the other members of the campus community from potential sexual assaults. Referrals for treatment will be made and ongoing support will be offered to victims. To protect the privacy of the alleged victim and the rights of the alleged perpetrator, confidentiality regarding the name of the alleged victim and alleged perpetrator will be maintained.
Pitzer College will make the college community aware of any rapes or other alleged sexual assaults by strangers on campus, without naming the alleged victim of the assault, and will judge the need of reporting alleged acquaintance rapes to the community on a case-by-case basis. We are legally obligated to report to the federal government the number of sexual assaults that occur on campus each year. In the case of a stranger rape the location of the incident will be made known in order to determine if the area itself is hazardous and needs attention by Physical Plant or increased security patrols. If, for reasons of safety, the campus community is to be notified of the occurrences of assault, the victim will be informed prior to such notification. Members of the Pitzer community will be notified of alleged assaults or rapes that occur on other Claremont Colleges campuses. The Dean of Students and the Human Resources Director will be active in securing such information.
2. GENERAL
STEPS TO FOLLOW IN RESPONDING TO NOTIFICATION OF A SEXUAL ASSAULT REPORTED WITHIN 72 HOURS
Step 1. Arrange for treatment.
Because sexual assault may involve physical trauma and is a crime, the campus individual first notified of the sexual assault should strongly encourage the victim to seek treatment. There are several options for treatment:
Option 1.
Pomona Valley Community Hospital Medical Center Emergency Room
1798 North Garey Avenue
Pomona, CA
909-865-9600or
San Antonio Hospital Emergency Room
999 San Bernardino Road
Upland, CA
909-920-4747Under this option, the victim should be informed that s/he will be examined and treated for any physical injury or sexually transmitted diseases at the hospital. The victim should also be informed that because this assault is a crime, the hospital has an obligation to inform the police and that the police will interview him/her at the hospital regarding the alleged assault. The victim should be told that s/he will have a choice as to whether to allow collection of evidence and whether to go forward with a prosecution.
If the victim is willing to go to the hospital, the campus individual first notified will assist with the arrangements for transportation. This individual, with the consent of the victim, will also contact or assist the victim in contacting the Rape Crisis Hotline (909-626-4357) to ask that a counselor meet the victim at the Medical Center/Hospital.
The victim who goes to a hospital will be informed that a friend may accompany her/him to the hospital. If the victim is a male, he will be advised not to shower or change clothes. He should bring a fresh change of clothes with him. If he has already changed clothes, he will be advised to put the clothes he was wearing at the time of the alleged assault in a bag and bring them to the hospital. If the victim is a female, she will be advised not to shower, douche, or change clothes. If she has already changed clothes, she will be advised to put the clothes she was wearing at the time of the alleged assault in a bag and bring them to the hospital.
Option 2.
Other Community Resources. The victim may choose to contact Planned Parenthood which has health care providers who can test for sexually transmitted diseases or the victim may choose to see personal health care providers for this test. Eligible employees may wish to contact the employee assistance program, Psychological Systems, which is available through the benefits program. The Human Resources Director can assist in the contacts listed below if the victim requests assistance.
Planned Parenthood
1900 Royalty Drive
Pomona, CA
909-620-4290Psychological Systems
(A clinical coordinator will assist you.)
800-998-8448Step 2. Contact the College Representative
The victim or the campus individual first notified will contact the Dean of Faculty or the Human Resources Director (hereafter referred to as the College Representative).
Alan Jones
Dean of Faculty
Fletcher 204
909-621-8217Marlene Kirk
Human Resources Director
McConnell 312
909-607-8533One of these individuals will provide ongoing case management, either directly or as a consultant, depending on the wishes of the alleged victim. The College Representatives will serve as backups for each other. In the event the College Representatives cannot be reached, Campus Security 909-621-8170 or extension 72000) should be contacted.
Step 3. Notification of Others that an Assault Has Occurred
The College Representative will notify the President and the Director of Campus Security that a sexual assault has been reported. The name of the alleged victim of the assault and the name of the alleged perpetrator will not be released unless the release is essential to the health and safety of the individual assaulted and/or the case has been adjudicated. The President will make these determinations and is the only person who may authorize an exception to the rule of complete confidentiality regarding the name of the alleged victim and of the alleged perpetrator.
Step 4. Referral for Support
Verbal and written information about sources of support on campus and in the community will be provided to the victim directly by the College Representative or through the campus individual first notified of the assault. Referrals to the following will be included:
Rape Crisis Hotline 909-626-4357 Project Sister 909-623-1619 Pomona Valley Hospital 909-865-9600 San Antonio Hospital 909-920-4747 Step 5. Complaint Resolution
The College Representative will provide to the alleged victim and to the alleged assailant directly, or indirectly through the campus individual first notified, information about criminal prosecution, civil prosecution, the College's disciplinary process, and the availability of mediation for the victim and the alleged assailant if they are both College employees and/or students.
Step 6. Status of Disciplinary Hearings
The College Representative will provide to the alleged victim and to the alleged perpetrator information about the status of any disciplinary hearings connected with the assault, and the results of any such actions if the alleged perpetrator is a member of the college community.
Step 7. Follow-up
The College Representative, with the consent of the alleged victim, will provide ongoing follow-up to the case, as soon as possible after the assault, regularly, and then on an as-needed basis, as long as the alleged victim is an employee of the College. The follow-up will consist of ensuring that the alleged victim has access to the support services needed. If the alleged victim wishes to remain anonymous, the College Representative will serve as a consultant to the campus individual first notified and that person will provide ongoing support as needed on a case-by-case basis.
STEPS TO FOLLOW IN RESPONDING TO NOTIFICATION OF A SEXUAL ASSAULT REPORTED AFTER 72 HOURS
Step 1. The campus individual first notified, with the consent of the alleged victim, will notify or assist the victim in notifying the Rape Crisis Hotline (909-626-4357) or one of the following organizations to arrange for a meeting between the victim and a counselor specifically trained in and sensitive to issues relating to sexual assault:
Project Sister 909-623-1619 Psychological Systems* 909-992-8448 *(If the victim is a benefits eligible employee) Step 2. The campus individual first notified will report the occurrence of an alleged assault to the Director of Campus Security. The name of the victim of the alleged assault and the name of the alleged assailant will not be released unless the release is essential to the health and safety of the individual allegedly assaulted or that of other members of the campus community. The President of the College is the only person authorized to make an exception to the rule of complete confidentiality regarding the names of the alleged victim and the alleged assailant.
Rape Crisis Hotline 909-626-4357 Project Sister 909-623-1619 Pomona Valley Hospital 909-865-9600 San Antonio Hospital 909-920-4747 Step 3. The campus individual first notified will contact the Dean of Faculty or the Human Resources Director (hereafter referred to as the College Representative).
Alan Jones
Dean of Faculty
Fletcher 204
909-621-8217Marlene Kirk
Human Resources Director
McConnell 312
909-607-8533The College Representatives will serve as backups for each other. The College Representative, either directly or acting as a consultant to the campus individual first notified, will assess the situation and make known the following referrals:
Rape Crisis Hotline 909-626-4357 Project Sister 909-623-1619 Psychological Systems* 909-992-8448 *(If the victim is a benefits eligible employee) Step 4. The College Representative will provide information about the status of any disciplinary hearings connected with the alleged assault and the results of any such actions to the victim and the alleged perpetrator, if the latter is a member of the college community.
Step 5. The College Representative will provide directly to the alleged victim and to the alleged perpetrator or indirectly through the campus individual first notified information about the criminal prosecution, civil prosecution, the College's disciplinary process, and the availability of mediation for the alleged victim and the alleged assailant if they are both College employees and/or students.
Step 6. Other administrative notifications about the occurrence of an alleged assault will be made on a case-by-case basis.
Step 7. With the consent of the alleged victim, the College Representative will provide follow-up on a case-by-case basis. If the victim wishes to remain anonymous, the College Representative will serve as a consultant to the campus individual first notified and that person will provide ongoing support as needed on a case-by-case basis.
SEXUAL ABUSE/ASSAULT & BATTERY—CONTACTS FOR ASSISTANCE/COUNSEL
SHELTERS FOR BATTERED WOMEN/CHILDREN
House of Ruth, Claremont 909-988-5559 Wings (San Gabriel Valley) 818-967-0658 RAPE/SEXUAL ABUSE
Project Sister Hotline 909-626-4357 Office 909-623-1619 Specializing in sexual abuse; also good starting place for assault/battery. Provide advice and counsel for any situation; can direct battery cases for help. Free counseling service to low income Claremont residents; low fee for others.
ASSAULT/BATTERY
House of Ruth, Claremont 909-988-5559 Wings (San Gabriel Valley) 818-967-0658 Both provide advice, counsel and shelter to battered women/children. Can provide assistance with temporary restraining orders.
ON-GOING COUNSELING SERVICE THROUGH BENEFITS PACKAGE
Psychology Systems 800-998-8448 Provides 5 free counseling visits for employee, 5 free visits for spouse, 5 free visits for dependents, to a maximum of 15 per family per year. Additional visits are available at negotiated discount rates. Call the 800 number to begin appointment Completely confidential.
Given that it is current ROTC policy to discriminate against homosexual students and that the College is committed not to discriminate on the grounds of sexual orientation, the Pitzer College community voted to dissociate itself from the ROTC Program following the graduation of the class of 1994.
Purpose: The primary caretaker leave policy is designed to provide partial paid time off for faculty members in the first six months after the birth or adoption of a child. The maximum duration of the compensated leave is one semester. It is expected that the faculty member receiving a primary caretaker leave will return to teach at Pitzer College in the semester following the leave. If the faculty member does not return to teach after the leave, that faculty member will be responsible for reimbursement to the College of the leave semester salary. The faculty member will be required to sign an agreement accepting responsibility for such repayment prior to taking the leave. In the case of circumstances beyond a faculty member’s control, the requirement of repayment will be waived. Details of the leave (see notification section below) should be arranged so as to minimize disruption to the academic program.
Definition: A primary caretaker is defined as the person who assumes the principal role of caretaker during the period of the leave.
Eligibility: Available to all full-time faculty members on tenure-track or tenured appointments, after completing one year of service. Female or male faculty members may apply. The person taking the leave must be the only primary caretaker, and if both parents are employed by Pitzer they are eligible for one leave period, which may be shared, or used by either parent. The person applying for the leave must apply in writing to the Dean.
Notification: In order to facilitate adequate planning, the faculty member should notify the Dean of Faculty as soon as possible to arrange for the appropriate leave. The leave is arranged between the Dean and the faculty member to determine the best type of leave, or most appropriate semester to be designated for the leave, based on the timing of the birth or adoption. The following guidelines will inform these discussions. The Dean will keep the Faculty Executive Committee informed about the details of all requested leaves.
Guidelines for Choosing a Leave Option: The faculty member may select option 1 or 2 below, with option 3 available if a continuation of the leave is desired.
1. A full, 2-course, semester’s leave would be compensated at three-fourths of the faculty member’s semester salary with full benefits. The Academic Retirement Plan benefit would be based on the actual salary paid during that semester.
2. A six-week leave would be compensated at a faculty member’s full salary with full benefits. The six-week leave would be coordinated with the short-term disability program (VDI) when appropriate. (Neither adoptive parents nor males are covered by the short-term disability program.)
3. Unpaid Leave: The College will also consider requests for an unpaid leave that would extend beyond the semester of the compensated leave.
Contract Renewal, Promotion and Tenure: Faculty members may request that the leave semester not be counted in the number of semesters of College employment prior to a contract renewal, tenure or promotion review. The faculty member will not receive credit toward a sabbatical leave during a primary caretaker leave.
The Pitzer College Policy is intended to go beyond what is mandated by Federal and State law. For informational purposes, the Federal and State regulations are listed below.
Federal and State Law: Both federal and state laws (Family Rights Act of 1991, amended 1993, and the federal Family and Medical Leave Act of 1993) require employers to provide for up to a total of 12 work weeks of unpaid leave in any fiscal year. The legislation was designed to provide leave for the birth or adoption of children as well as other serious medical conditions (see policy on Family and Medical Leave for information about illness leaves). Pitzer’s policy goes beyond the expectation of the law.
H. FACULTY MEDICAL/DISABILITY LEAVES (passed College Council 5/2/02)
This program incorporates the California mandated short-term disability insurance program, the College provided long-term disability insurance program, and Family Care Leave for faculty who are disabled and must be absent due to their own ill health.
Short-term Disability Insurance (VDI)
California requires that employees participate in a short-term disability insurance plan. Premiums are paid through payroll deduction. The plan is fully paid for by these premiums.With permission and under guidelines from the State, The Claremont Colleges self-administer the short-term disability plan for its employees. Therefore, the plan is referred to as a Voluntary Disability Insurance Plan, or VDI – “voluntary” refers to the fact that the Colleges voluntarily administer the plan on behalf of the State.
VDI provides a partial wage replacement benefit during a period of disability, which is certified by a medical provider. VDI benefits are not taxable to the recipient. The College’s portion of health benefits continues to be paid during this disability period.
Long-term Disability Insurance (LTD)
Pitzer College provides long-term disability insurance at no cost to employees who work at least 30 hours per week. The insurance is purchased through TIAA/CREF and is administered at the discretion of this entity. The College Human Resources office will function as an advocate for faculty members on disability.The LTD benefit provides a partial wage replacement that is 66 2/3% of the disabled employee’s monthly salary at the time of disability, to a maximum of $10,000 per month. This benefit is adjusted by any other benefit, such as VDI or Social Security, for which the disabled employee might be eligible. In addition, LTD continues contributions at 12% of the salary when last at work, into Academic Retirement Plan accounts with TIAA/CREF.
Medical Leave of Absence
This program is available to tenure-track Pitzer faculty with a minimum of one-year of service at the College.When it is necessary for a faculty member to cease provision of services to the College due to a period of disability which is certified by a medical provider, s/he must apply for short-term disability benefits.
The College will continue monthly salary payments for the first six months of a certified disability, reduced by the amount of the VDI benefit to equal the faculty member’s base monthly pay at the time of disability. This is referred to as coordination of salary and disability benefits to equal full monthly pay.
Should the disability persist for six months and appear to be ongoing, meaning the prognosis is that the faculty member shall not be able to return to work in the near future, s/he must apply for long-term disability benefits through the TIAA/CREF plan. Normally, application for LTD benefits must be made earlier than the sixth month of disability, but the Benefits Section staff at Personnel Services will assist the faculty member in determining when and if application should be made based upon the circumstances of the case.
If the faculty member’s disability continues beyond six months, and only if application for benefits was made in a timely manner and the carrier does not immediately accept the claim, the College will continue to coordinate monthly salary with monthly VDI benefits equal to 66 2/3% of the faculty member’s monthly base pay at the time of disability, to a maximum combined benefit of $10,000 per month, for up to an additional six months. When/if the carrier accepts the claim during the second six months of disability, the College will cease payment of any salary. After 52 weeks, from the date of disability, the College’s subsidy for medical plan coverage ceases and the faculty member is responsible for 100% of the cost of continuing coverage.
Normally, the College shall hold the tenured or tenure-track position “open” for two years from the start of the disability, filling it, if necessary, with interim appointments until the beginning of the semester in which the faculty member returns to full-time employment. At any time during the two-year period the faculty member may, by formal request, seek to be reinstated on the basis of competent medical advice. The College shall respond promptly to such a request. Upon receiving such a request, together with appropriate medical verification of the faculty member’s ability to return to full-time work, the faculty member will be reinstated to full-time status at the beginning of the following semester. If, at the expiration of two years, the individual has not been reinstated, the position will no longer be held “open” for him or her and employment will be terminated.
During a medical leave of absence, the College considers the faculty member to have exercised her/his right to Family Care Leave as defined by the Family Medical Leave Act and the California Family Rights Act. The amount of leave taken shall be counted as part of the faculty member’s 12-week, annual entitlement.
A Request to Return to Tenured Position
Prior to expiration of the medical leave, should the tenured or tenure-track faculty member request to return to service, s/he must provide a Medical Release from a licensed physician indicating that he or she is capable of resuming full-time faculty status. The College retains the right to obtain a second medical opinion in such circumstances.
I. LIBRARY PRIVILEGES FOR DOMESTIC PARTNERS/SPOUSES
Honnold Library will recognize any domestic partner who identifies him/herself as such, and who can show a photo ID with an address that matches one of our benefit-eligible employees. If a matching address is not found, Honnold will confirm the domestic partner’s connection with a Pitzer employee by calling Human Resources, the Dean of Faculty, or the President, for such verification. Spouses/domestic partners of benefits eligible employees have borrowing privileges at the libraries of the Claremont Colleges.
J. TRIP REDUCTION INCENTIVE PLAN (TRiP)
In compliance with regulations of the AQMD (Air Quality Management District), each of the Claremont Colleges has a TRiP (Trip Reduction Incentive Plan). This plan is designated to encourage employees to use alternative modes of transportation whenever possible in order to reduce the number of vehicles arriving on our campuses. Pitzer College faculty and staff receive regularly the Commuter Chronicle newsletter. Further information may be obtained from the Human Resources Director (ext. 78533).
K. CONFIDENTIALITY OF DOCUMENTS AND CORRESPONDENCE
1. Given the ease and speed with which copies, both paper and electronic, can be generated with new technologies, and the ease with which electronic documents can be scanned for information, the College reaffirms its existing policies on the confidentiality of sensitive items, including but not limited to personnel records and recommendations, student records and recommendations, and correspondence generated by faculty and staff. The number of technical and administrative staff with access to such materials should be kept to the minimum possible consistent with technical needs.
2. With respect to e-mail, the Director of Information Resources will be responsible for identifying those staff members with need for such access (likely to include at least one Computing staff member designated as Postmaster for each server or multi-user computer; the list of which staff member is postmaster on which system will be available from the Director of Information Resources.) With respect to student records, the Director of Admissions and the Registrar will determine which of their staff will have access to student records. With respect to faculty and staff personnel records, the Human Resources Director will control access.
3. Those staff members granted access must be briefed on the relevant laws (e.g., the Buckley Amendment regarding student records) concerning confidentiality.
4. The contents of electronic mail transmissions should be regarded as private communications. Computing will take all reasonable and prudent measures to secure electronic mail. Please note that electronic mail messages are not automatically encrypted when transmitted. It is possible for messages that leave the Pitzer campus to be intercepted. Computer users are responsible for taking reasonable and prudent measures to keep their own electronic files secure, including but not limited to, regular changing of passwords, use of non-obvious passwords, not writing passwords down, not giving passwords to other people, removing confidential information from the screen when a visitor enters the room, logging out of the system when leaving for some length of time, using a screen saver that requires a password to gain access to a computer left on, or not changing the access privileges to allow others to view their files.
5. Both paper and electronic documents of a confidential nature should be clearly labeled as confidential and treated as such.
6. Individuals who violate this policy will be subject to sanctions (according to the procedures in the Faculty Handbook for faculty, in the Staff Handbook for staff, and in the agreement(s) signed by students at the time of obtaining a computer user-name for students).
* In the event that a vice president is a respondent or complainant in a charge of sexual harassment, the Hearing Committee will present its report of determination and recommendations to the President. The Executive Committee of the Board will hear appeals. If the President is the respondent or complainant in a charge of sexual harassment, FEC will appoint a Hearing Committee. The Hearing Committee’s report will be directed to the Executive Committee of the Board, without the Chairperson of the Board being present. Appeals will be heard by the Chairperson of the Board.