Resolution Agreement

• In April 2024, the U.S. Department of Education’s Office for Civil Rights (OCR) received a complaint against Pomona, which alleged Title VI (shared ancestry) violations.
• The complaint was filed by Brandeis Center and the Anti-Defamation League (ADL) on behalf of several Jewish students who described experiences of antisemitism on our campus.
• In early 2025, the College entered into a voluntary mediation process with the Brandeis Center and the ADL in pursuit of a settlement that could protect two core ideals:
• The ability of all students, including Jewish and Israeli students, to participate in College-sponsored programs and activities free from discrimination and harassment.
• The fundamental values of free speech, academic freedom and open inquiry.
• The resulting Agreement goes a long way toward meeting the needs of the campus community.

The government’s only role, through the OCR, was to facilitate mediation between Pomona College and the ADL and Brandeis Center. It has not imposed any conditions on Pomona and will not be monitoring this Agreement.

Even before the ADL and Brandeis Center filed this complaint in April 2024, the College undertook several voluntary, self-initiated steps to address complaints of antisemitism, including adding shared ancestry as a category in the College’s harassment policies and updating time, place and manner policies to be consistent with Pomona’s educational mission. 

Under this Agreement, the College has agreed to take the following steps to better address future antisemitic incidents, including:

• Amend and update current ID policy provisions relevant to masking/concealment to clarify compliance requirements;
• Mandate annual Title VI training for all students, faculty and staff;
• Appoint an individual (a Civil Rights and Title VI Coordinator) who will coordinate all aspects of Title VI campus harassment or discrimination, including antisemitism and Islamophobia based on shared ancestry, ethnicity or national origin.
• Consideration of the International Holocaust Remembrance Alliance (IHRA) definition of antisemitism, as per guidance first introduced by the Biden administration in May 2023, when investigating complaints of alleged antisemitic harassment.

This Agreement continues the College’s long tradition of protecting legitimate protest and free expression, including the peaceful, non-disruptive criticism of governmental policies both here and abroad.

In reaching this Agreement, Pomona reaffirms its commitment to California’s Leonard Law, which extends First Amendment protections to students at private colleges and universities, just as the First Amendment guarantees students at public institutions. Because of this law, the College could not—and did not—agree to anything that would infringe on First Amendment protections.

The College has committed to implementing the Agreement in spring 2026, and it will remain in place through spring 2028.

The provisions of this Agreement are intended to seed a culture of tolerance and understanding. While the bulk of provisions expire after the spring semester of 2028, the College believes that the Office of the Title VI Coordinator position (like that of Title IX) is an important resource with value extending beyond the four corners of this Agreement. Similarly, we believe that as an educational and investigatory tool, the IHRA definition—and its contemporary examples—when understood in the context of the guidance introduced by the Biden administration in May 2023, supports the mission of the Title VI office, and shall be useful past the limits of this Agreement.

• The U.S. federal government first adopted the IHRA working definition of antisemitism under the Biden administration in May 2023.
• As set forth in the Agreement, and consistent with federal guidance since May 2023, we have agreed, when reviewing complaints of alleged antisemitic harassment, to consider the IHRA definition, including its contemporary examples, “where useful as ‘evidence of discriminatory intent,’” and without diminishing or infringing any right protected under the Constitution and/or the laws of the United States and California.
• Bottom line: this is not about chilling speech. It’s about curbing harassment.

The College’s Non-Discrimination Policy is a key part of how we follow federal laws against discrimination, including Title VI of the Civil Rights Act of 1964. While we have not amended the College’s Non-Discrimination Policy, in the context of complaint investigations, we have agreed, in line with guidance first put in place by the U.S. Department of Education’s Office for Civil Rights (OCR) in May 2023, to consider the IHRA definition when determining whether conduct is antisemitic, and to use the IHRA contemporary examples when helpful to show discriminatory intent.

While Jewish self-determination (often called “Zionism”) is not a separate protected category, many Jewish students experience anti-Zionism as an attack on their Jewish identity, ethnicity, religion or ancestry. For these students, anti-Zionism can feel like antisemitism. In line with its Title VI obligations, the College is committed to protecting students from targeted conduct that rises to harassment or discrimination—such as harassing speech based on protected status that is so persistent, repetitive, pervasive or severe that it substantially interferes with or materially limits a reasonable person’s ability to participate in or benefit from the College’s educational programs or activities.

Supporting free expression remains a core value at Pomona. Enforcing Title VI, Title IX and other protections against harassment and discrimination does not conflict with free speech rights. For example, it is not against College policy for someone to disagree with another person’s political views or criticize, even forcefully, a government, country or its leaders. California’s Leonard Law also means the College cannot punish students for speech that would otherwise be protected under the First Amendment—even when that speech is disturbing or deeply offensive.

• The College’s Non-Discrimination Policy, which was revised in December 2023 and is unchanged by this Agreement, provides protections for a broad range of categories, including those covered by Title VI of the Civil Rights Act of 1964, which covers, but is not limited to, race, color, national origin and shared ancestry or ethnic characteristics.
• Accordingly, the College’s protections from discrimination for students based on race, color or national origin extend to students who experience discrimination, including harassment, based on their actual or perceived: (i) shared ancestry or ethnic characteristics; or (ii) citizenship or residency in a country with a dominant religion or distinct religious identity.

• As noted in its policies, the College strives to provide a campus environment where all individuals can visit and study together comfortably and productively. The College provides training and programming to help students better understand these expectations.
• ​​​However, it is important to note that as critical as these policies are to student life, they depend in many circumstances upon students stepping forward to share concerns with administrators so that the College can review and address them.

The Agreement does not have any impact on the College’s established teaching and research standards. In reaching this Agreement, the College has prioritized institutional autonomy in every way possible, including with respect to academic freedom. The Principles of Academic Freedom established by the American Association of University Professors (AAUP) concerning pedagogical standards, which the College’s Faculty Handbook references, still apply.

No. The Agreement does not change how the College treats language in the classroom. This is not about chilling speech. It’s about curbing harassment.

• The masking policy will be updated to say that anyone on College property, inside a College building or attending a College event who is wearing a mask or face covering that hides most of their face must show ID or otherwise confirm their identity if asked by an authorized College official. Only authorized College officials will have the right to request identification.
• Ordinarily, identification will not be requested from individuals who are:
• Wearing a face covering as part of a religious or cultural observance or tradition.
• Engaging in professions, trades, employment or other activities and wearing protective masks deemed necessary for the physical safety of the wearer or other persons.
• Engaging in any theatrical production.
• Wearing costumes on holidays.
• Failure to comply with the requirements of this policy may result in the authorized College official referring the individual for disciplinary action, escalating the matter to campus safety or local law enforcement for further action, or taking other appropriate actions.

Yes. This policy does not ban masking. It only stipulates the College’s right to ask those who are masking to identify themselves in certain circumstances, as detailed above.

The annual training is still being developed and will likely be online. It will be required for all students, faculty and staff, which includes adjuncts, visiting scholars and part-time employees.

All students, faculty and staff are required to complete the annual training similar to training required for sexual harassment and Title IX. The College will enforce these training requirements in the same way as other mandatory training requirements on campus.

• The training is still under development, but we expect it to cover all forms of discrimination and harassment under Title VI including prohibited antisemitic harassment based on shared ancestry, ethnicity or national origin.
• We also expect the training to explain the College’s applicable policies and procedures; how to report harassment and steps the College will take in response to alleged harassment or discrimination; and provide information on how to access the College’s Non-Discrimination Policy and Discrimination and Harassment Investigation and Response Procedures.

The College is establishing a selection process that will be finalized this semester, and members will be announced in spring 2026. The Advisory Council will draw from students, faculty, staff and outside community stakeholders and will report to College leadership, including the Office of the President.

As it is meant to specifically help resolve issues raised in the OCR complaint, the Council will focus on Jewish life and antisemitism. Among other related expectations, the College expects the Council to help Pomona administrators create programming and activities to improve the campus climate for the benefit of all students, faculty and staff.