In April of 2024, the Department of Education approved New Title IX rules, which are scheduled to take effect on August 1, 2024. Our firm is closely monitoring ongoing challenges to these new rules in court, and is working hard to provide you the most up-to-date information. Click here to learn about the current state of Title IX and how we can help if you are facing accusations.
Pomona College was established in 1887 in Claremont, California. The overall student enrollment has grown to more than 1,600. The College's leaders seek to maintain a community that consists of a “diverse group of faculty, staff, and classmates.” This goal is comparable to that of the U.S. Department of Education's Title IX initiative, which was implemented to combat sexual discrimination in all educational institutions.
Title IX Coordinator and Reporting Options
The Title IX Coordinator is located in the Campus Advocacy, Resources, Education and Support (CARES) Office at 113 Alexander Hall. There are several additional resources for reporting including a way to file a complaint anonymously.
Process of Initial Review
An Initial Review begins with the Title IX Coordinator entering discussions with the Complainant. Some of the matters discussed include procedures, interim measures, and available resources. Interim measures may be established for the personal safety of the parties and the community.
The Title IX Coordinator will attempt to discern whether sufficient evidence exists. An informal or alternative process of resolution may be pursued in some cases. One type of alternative process involves a third-party mediator that facilitates discussions between the parties. Cases involving sexual assault or other serious acts are not appropriate for informal remedies.
Role of a Title IX Advisor
Parties can select an advisor to serve in a support role. This individual may accompany the parties to hearings and other proceedings. The advisor should not be an individual with specific involvement in the case.
Hearing Details at Pomona College
When the investigation reveals that sufficient evidence exists, the parties will be summoned to a hearing that is held within two weeks. Hearings are conducted equitably and are facilitated by an External Adjudicator. Parties may be permitted to appear remotely.
The Complainant and Respondent are permitted to issue statements. Opposing parties are not permitted to directly question or “cross-examine” one another at hearings. Questions are to be submitted to the External Adjudicator who will determine relevance. A preponderance of the evidence standard is used for assessing allegations.
Considerations in Imposing Sanctions
If the allegations are proven, some of the factors that may be considered when imposing sanctions include:
- The extent of the “impact of the conduct” on the victim and the community
- Any prior history of violations that the Respondent has and the likelihood of future misconduct
- Sanctions that have been imposed for similar violations in the past
- Whether the violation involved violence
The Appeals Process
Either party may appeal the decision of the External Adjudicator within 10-days. The provisions state that the appeals process is generally concluded within 40 days. Appeals are decided by either the Vice President for Student Affairs or Dean of Students.
Those seeking to appeal an adverse ruling should be assisted by an attorney to ensure the appeal is compliant, concise, and effective. Appeals will only be considered if they assert that a procedural error occurred, that new critical evidence has emerged, or that the sanctions imposed are disproportionate to the severity of the violation.
Pomona College Title IX Attorney
The Lento Law Firm advocates for college and university students in Title IX matters. Feel free to contact the office today at (888) 535-3686 for more information.
