Editor:

I am writing in response to Kevin Herms’ letter in the October 12, 2001 issue of TSL. I am one of the Associate Deans of the College and also serve as one of the Harassment and Discrimination Grievance Officers. One of my responsibilities as a Grievance Officer is to help educate our community about issues related to harassment and discrimination, including sexual harassment and assault.

In Mr. Herms’ letter, he questions the relationship between one such education effort, namely a workshop with the Judicial Council led by Dean Toni Clark, and the content of the Student Code. In the context of his reflections on that training session, he also asks about the source of the flyer "What You Should Know About Sexual Harassment and Sexual Assault." This flyer was sent from my office to the entire Pomona College community, as it has been each year since 1995 when it was first produced by Associate Dean, Professor Eleanor Brown. The purpose of this flyer is to focus attention on a set of problems, namely sexual harassment and sexual assault, that are very much with us on our campus. In the flyer, we define, in an accessible way, behaviors that might constitute sexual harassment or sexual assault, and briefly explore related issues, such as what constitutes consensual sex. We also provide some guidance for students, staff and faculty who might want to make a complaint, by suggesting ways to evaluate what has happened and by listing the names of the current Grievance Officers.

In his letter, Mr. Herms claims that "false statements" appear in the flyer. In particular, he claims that the definitions of sexual harassment and sexual assault and the criterion for meaningful consent given in the flyer do not correspond to those in the Student Code. The flyer is not meant to reiterate the language of the student code. Rather, it is meant to raise awareness of these vexing issues on our campus. Moreover, the wording of the flyer does, I think, conform to the spirit of the language in the Student Code. The definition of sexual harassment contained in the flyer lists some forms of potentially "unwelcome" sexual behavior. Although the Harassment and Discrimination Policy and Complaint Procedure in the Student Handbook does not list these particular behaviors, it certainly does emphasize "unwanted," "unwelcome" and "offensive" as criteria in determining whether behavior falls under the policy. Similarly, language in the flyer asserts that someone who is stoned or drunk cannot give "meaningful consent." Although the flyer does not use the word "incapacitated" as the criterion for determining absence of consent, as the Student Code does, the notion of "meaningful consent," in my mind, is simply a positive re-wording of this criterion. That is, we urge students to be aware of the willingness of one’s partner when asking about or in other ways indicating a desire for sex.

The members of the Judicial Council bear a great responsibility in their charge to implement the various provisions of the Student Code. Their responsibility is particularly acute when it comes to matters of sexual harassment and sexual assault because these are so disruptive to an environment of mutual respect. I applaud Mr. Herms for reflecting on his responsibility but also urge him and other members of Judicial Council to embrace the spirit of the Student Code and the efforts of the Harassment and Discrimination Committee.

Sincerely,

Patricia Smiley

Associate Dean of the College

Harassment and Discrimination

Grievance Officer