1. What is the difference between a report and a complaint?
A report does not automatically initiate a formal investigation process. When the Title IX Coordinator receives a report, they reach out to the individual reported to have experienced sexual harassment or misconduct and ask to meet with them. However, no one is required to meet with the Title IX Office. When someone chooses to meet with the Title IX Office, they are in control of how much information they feel comfortable sharing, and they can always ask general or hypothetical questions.
If an individual wishes to initiate a formal grievance process, they will make a complaint. A complaint is an oral or written request for a formal investigation. At the Claremont Colleges, there are two types of grievance processes related to incidents of sexual misconduct: the Claremont Colleges Title IX Grievance Process and the grievance process outlined in an individual institution’s policy (for Scripps respondents, the Scripps College Discrimination and Harassment Policies and Grievance Procedures). The Claremont Colleges have jointly implemented the Title IX Sexual Misconduct and Sex-Based Harassment Policy, covering a wide range of prohibited conduct by members of the TCC community. Incidents that fall outside the scope of the TCC policy are addressed under the applicable policy at the respondent’s home institution.
Regardless of which policy applies, the Scripps Title IX Coordinator serves as the primary point of contact for Scripps community members.
2. Does information about a complaint remain confidential?
The confidentiality of all parties to a complaint of sexual misconduct must be respected, insofar as it does not interfere with the College’s obligation to fully address allegations of sexual harassment or misconduct. Where confidentiality is not strictly kept, it will still be tightly controlled on a need-to-know basis. Dissemination of information and/or written materials to persons not involved in the complaint procedure is not permitted. Violations of the privacy of the Complainant or the Respondent may lead to disciplinary action by the College. In all complaints of sexual misconduct, all parties will be informed of the outcome. Certain College administrators may be informed of the outcome within the bounds of student privacy (e.g., the President, Dean of Students, Director of Campus Safety, Title IX Coordinator). If there is a report of alleged sexual misconduct to the College and there is evidence that a felony has occurred, local police will be notified if the Complainant consents. This does not mean charges will be automatically filed or that a Complainant must speak with the police. The College also must statistically report the occurrence on campus of major violent crimes, including certain sex offenses, in an annual report of campus crime statistics. This statistical report does not include personally identifiable information.
3. Will I have to pay for counseling/or medical care?
Students can access Monsour Counseling and Psychological Services for one-one-one counseling, and Monsour also hosts a support group for survivors of sexual assault. In addition, counseling is provided for free by a certified sexual assault counselor at the EmPOWER Center. Pregnancy, STI testing, and counseling is available at Student Health Services, and lab fees may apply. Emergency contraception is available for $20 at Student Health Services. If you are accessing community and non-institutional services, payment for these services may be covered by your health insurance plan; please check your coverage. If you have elected coverage under the Claremont College’s Student Health Insurance Plan (“SHIP”), payment for these services may also be covered under this insurance plan.
4. Will my parents or guardian be notified?
Unless you are under 18, no, not unless you tell them. Whether you are the Complainant or the Respondent, the College’s primary relationship is to you, and not to your parent or guardian. However, we strongly encourage you to communicate with your support network when you are in distress, whether for medical, behavioral, or academic reasons. We will contact a student’s parents or guardian if we believe your health or safety is at risk or if your status at the College is at risk (due to residential or College suspension or expulsion). In addition, College officials may speak with your parents or guardian directly at your request.
5. Do I have to name the alleged perpetrator?
Yes, if you want to pursue the matter through a formal grievance process. No, if you choose to respond informally and do not make a complaint. Complainants should be aware that not identifying the alleged perpetrator may limit the College’s ability to respond comprehensively. If you do not know the name of your alleged perpetrator, the Title IX Coordinator may take steps to help you identify them.
6. Will the alleged perpetrator know my identity?
Yes, if you make a complaint, initiating a formal grievance process. Sexual harassment and misconduct are serious offenses, and the Respondent has the right to know the identity of the complainant/alleged victim.
7. What do I do if I am accused of sexual misconduct?
DO NOT contact the Complainant. You may want to speak with someone in the campus community or elsewhere who can act as your support person/advisor. The Title IX Coordinator can explain the College’s grievance procedures for addressing sexual harassment and misconduct complaints and can discuss support options with you. For example, you may also want to seek confidential counseling through the counseling center or seek support through off campus services in the community. Respondents and Complainants are both entitled to equal support and resources through the Title IX Office.
8. What about legal advice?
If you are a party in a college proceeding, you are entitled to an advisor of your choosing, including an attorney. However, should you elect to have an attorney advisor, that person is not permitted to intervene in the proceeding. Complainants do not need private legal counsel to pursue criminal prosecution because representation will be handled by the District Attorney’s office. However, you may want to retain an attorney if you are considering filing a civil action. Respondents may want to retain legal counsel given the potential for criminal and/or civil action.
9. What about changing residence hall rooms or other accommodations?
You may request a room change through the Title IX Coordinator, who will facilitate a room change with the Office of Residential Life where appropriate.
Other accommodations available might include:
- Assistance with or rescheduling an academic assignment (paper, exams, etc.);
- Assistance in requesting an incomplete in a class;
- Assistance with transferring class sections, if available;
- Temporary withdrawal;
- Assistance with alternative course completion options; or
- Other accommodations for safety as necessary.
10. What should I do about preserving evidence of a sexual assault?
Physical evidence of a criminal sexual assault must be collected from the alleged victim’s person within 96 hours, though evidence can often be obtained from towels, sheets, clothes, etc. for much longer periods of time. Scripps recommends that students interested in exploring evidence preservation contact Project Sister Family Services’ 24/7 hotline at 909-626-4357. PSFS will explain and help guide you through process, including whether evidence preservation is an option. Of course, if you want assistance from the College, contact Campus Safety at 909-607-2000 and ask to speak to the administrator on-call.
Even if you choose not to preserve evidence for the purpose of a criminal procedure, it is encouraged that you preserve evidence if you are considering initiating a formal grievance procedure through the College. Evidence can include physical items such as clothing, sheets, etc., as well as photographs, videos, communications (messages, social media posts, phone call logs), receipts, geolocation information, and more. If you are considering pursuing a formal grievance procedure, keep this potential evidence.
11. Will the Complainant be sanctioned when reporting sexual harassment or misconduct if they have illegally used drugs or alcohol?
No. The severity of the infraction will determine the nature of the College’s response, but whenever possible the College will respond educationally rather than punitively to the illegal use of drugs and/or alcohol. The seriousness of sexual harassment and misconduct is a major concern and the College does not want any of the circumstances (e.g., drug or alcohol use) to inhibit the reporting of sexual misconduct.
12. Will the use of drugs or alcohol change the outcome of a sexual harassment or misconduct complaint?
The use of alcohol and/or drugs by either party will not diminish the Respondent’s responsibility. Use of alcohol and/or other drugs will never excuse a violation by a Respondent.
13. Will either party’s prior use of drugs and/or alcohol be a factor when reporting sexual harassment or misconduct?
Not unless there is a compelling reason to believe that prior use or abuse is relevant to the present complaint.
14. What should I do if I am uncertain about what happened?
If you believe that you have experienced sexual harassment or misconduct but are unsure of whether it was a violation of the College policies, you should contact the College’s Title IX Coordinator who can explain the policy and resolution options. If you would like to speak with someone in confidence to explore the incident, you may want to first speak with a counselor at Monsour Counseling and Psychological Services or the EmPOWER Center, a chaplain from the McAlister Center, the Director of the Queer Resource Center, or a rape crisis hotline. Scripps Advocates for Survivors of Sexual Assault are a trained student group who are available through a warm line to assist students who have experienced sexual assault or misconduct (909-214-2138).