Intake and Notice to Respondent
During intake, you give the TIX Coordinator information about what happened. The TIX Coordinator will assess and determine what policy could apply. The Coordinator will explain the alternative resolution process if applicable based on the information shared. In cross-campus cases* you may meet with the Title IX Coordinator from the respondent’s college. The Coordinators will explain how to file a formal complaint. Depending on which policy applies, CMC Civil Rights Policy or the TCC Title IX Sexual Harassment Policy, the respondent will be notified of the formal complaint. The Coordinator will give the respondent formal written notice of the claims. During the intake phase, the Coordinator will coordinate with both parties to ensure supportive measures are put in place.
Investigation & Investigation Report
The parties have a right to a fair and reasonable investigation. In this step, an investigator gathers the facts. Every case and investigation is different. An investigation almost always involves at least one, or more interviews with the parties. The parties have the right to identify other witnesses and the investigators will determine which witnesses will be interviewed. If applicable, the investigator also collects documentary evidence such as texts, emails, and social media messages. The investigator then writes the preliminary investigation report and shares it with the parties. At that time, the parties can review and submit additional questions, provide any addition documentary evidence, and provide additional witnesses that might have relevant information. The Investigator will follow up with the parties’ request and then complete and release the final investigation report.
After the investigation is over, there is a decision-making step. There may be a hearing where the parties and witnesses will be questioned by the decision maker*. The parties have the right to an advisor* throughout the investigation process. Depend- ing on the applicable policy, the advisor may be able to ask questions of parties and witnesses. The parties will not be in the same room during the hearing. The decision-making standard is “preponderance of the evidence” or whether it is more likely than not that the respondent’s conduct constitutes a policy violation.
Based on the determination from the hearing, a party may have the right to appeal the results, such as a significant procedural error, new evidence that was not reasonably available during the investigation, or investigator or decision maker bias.
If the respondent is found responsible, a sanction will be imposed. Available sanctions include educational conditions, counseling, or other behavioral requirements, probations, suspension, or expulsion.
Project Sister Family Services (PSFS)
Navigating the law enforcement reporting process can be complicated. Claremont McKenna College strongly recommends that students interested in exploring this option contact PSFS. PSFS will explain and help guide you through process, including whether evidence preservation is an option. An Advocate at PSFS may help you obtain a criminal restraining order if needed.
Dean on Call
If you want assistance from the College, contact Campus Safety and ask to speak to the Dean-on-Call
Preserving Evidence of a Sexual Assault
The primary method of preserving physical evidence is the SART exam, a forensic examination performed after a sexual assault. The main purpose of a SART exam is to collect evidence that could help in an ongoing or later criminal investigation/prosecution. However, the SART nurse may provide medication to prevent pregnancy or certain sexual transmitted infections.
Obtaining an SART exam
Should be done as soon as possible as it is time sensitive. Generally evidence can be collected only up to 96 hours after the incident. Medication to prevent certain sexually transmitted diseases may be given up to 72 hours after a sexual assault.
Arranging an exam
Call Project Sister Family Services’ 24/7/365 hotline at (909) 626-4357. PSFS will explain the process, arrange for exam, and provide a confidential sexual assault counsel- or and support person to attend exam. This process ensures the exam is free. Trying to arrange the exam yourself could mean it gets billed to your insurance.
Preserving evidence before an exam
If possible, try not to bathe, brush teeth, eat, or drink (don’t worry if you’ve already done so). Put clothes worn during incident (and any other evidence, such as sheets) in clean paper bag (plastic can destroy evidence). If you think you were drugged, urinate in cup ASAP and write down the date/time of urination.
Pursuing a criminal prosecution after an SART exam
Federal law guarantees a free forensic medical exam even if you end up choosing not to report to or cooperate with law enforcement. If you are not ready to report, law enforcement will hold your evidence indefinitely should you decide to move forward with the criminal justice process.
Cross Campus Cases
In some cases, the Claremont McKenna student has experienced sexual assault, dating violence, stalking, or sexual harassment, the accused student goes to one of the other schools in the consortium. If you decide to make formal complaint against the person at the other school, this is called a cross-campus case. The Claremont Colleges Title IX Sexual Harass- ment Policy or the policy of the home college of the respondent would apply to the matter.
Sometimes a complainant wants to take formal action against the respondent but does not want to go through all of the steps listed here. If an “alternative resolution” is of interest to you, please let the Coordinator know. The Coordinator will assess whether the case could be resolved this way and talk to you about your goals. Note that this option is only available if both parties agree to participate.
An investigator is the person designated by the Title IX Coordinator to investigate the complaint. This person can be internal or external and is trained annually about issues relating to sexual harassment and misconduct.
Both parties have the right to an advisor of their choosing a present during meetings and hearings relating to the claim. Legal counsel is permitted to serve in the role of an Advisor but must adhere to the same limitations as any other Advisor. As a general matter, the advisor should not be a witness in the case. If the party does not have an advisor the College can provide one for the hearing.
Is designated by the Title IX Coordinator to conduct a reasonable, impartial, and prompt adjudication meeting of the complaint. This person can be internal or external and is trained annually about issues relating to sexual harassment and misconduct.