Questions or comments? Contact the dean of students office at deanofstudents@hampshire.edu.
HAMPSHIRE HISTORY
In the early years of Hampshire College, each of the four housing areas determined their own policies and procedures. In 1972, community council (composed of 8 students, 4 faculty, and 2 staff) began work to establish a student Code of Rights that would apply to all students. On May 17, 1973 the community council approved the first guidelines for community living, the "Code of Rights;" over time this document was reviewed and revised and the community council approved the second set of guidelines for community living, the "Bill of Rights." Finally on March 11, 1976, the community council affirmed the "Norms for Community Living" that the College continues to use today as guiding principles for review of all reported violations of policy.
The Code of Conduct section was later added as the student conduct process evolved, and serves to strengthen the College’s expectation that these are the standards, along with the associated policies, to which all Hampshire College students and employees are responsible for and expected to uphold. In August of 2023, the Code of Conduct was changed to the Standards for Student Accountability to better reflect the College's commitment to holding students accountable through an approach that promotes care and support, education and dialogue, and transformative experiences and interactions. While the Standards of Student Accountability are specific to students, the Norms for Community Living apply to all Hampshire College community members.
STANDARDS FOR STUDENT ACCOUNTABILITY
Hampshire College expects all students to demonstrate responsible citizenship. Hampshire College students, whether or not they are on campus or enrolled as a degree candidate, are expected and responsible for adhering to all college policies and community standards, including, but not limited to the Standards for Student Accountability, Norms for Community Living, and Ethics of Scholarship. The College considers an individual to be a student when an offer of admission has been extended and thereafter as long as the student has a continuing educational interest in the College. Guests of Hampshire students and students from other colleges who are enrolled in Hampshire College courses are required to comply with these policies while on the Hampshire College campus and while off campus when participating in Hampshire College programs, activities, and events.
All rules, regulations, and laws of the Town of Amherst, the Commonwealth of Massachusetts, and the United States of America apply on the campus and are considered part of College policies. The Town of Amherst and Commonwealth of Massachusetts laws include, but are not limited to, regulations on indoor and outdoor smoking, open container laws (for alcoholic beverages), public nudity restrictions (including public urination), bans on drug use and paraphernalia, and limitations on weapons possession.
Town of Amherst General Bylaws: https://www.amherstma.gov/207/General-Bylaws-Government-Act [1]
Commonwealth of Massachusetts General Laws: https://malegislature.gov/Laws/GeneralLaws/ [2]
The Dean of Students Office reserves the right to change and/or modify policies, processes, procedures, and community standards without advance notice. Students and employees will be notified of any modifications or changes by email notification and/or posting in the Daily Digest.
NORMS FOR COMMUNITY LIVING
Charge and Membership
Members of the Hampshire College community have a common concern for each individual person and their personal development. Each member of the community has certain rights that afford personal protection and insure the College’s commitment to learning and the advancement of knowledge through free inquiry will not be interfered with. No member of this community shall violate the rights of any other member, as represented by the norms described in this document.
All persons affiliated with Hampshire College are considered members of the Hampshire community and are expected to abide by the Norms for Community Living and Policies while they are on or off the Hampshire College campus.
Right of Assembly
All members of the Hampshire community have a right to assemble peaceably and petition for the redress of their grievances.
Right of Freedom of Communication of Ideas
All members of the Hampshire community have the right to freely express their ideas provided that the method of expression does not violate any other rights affirmed by this document, the Standards for Student Accountability, and policies in the Hampshire College Student Handbook and Resource Guide. Any member of the College has the right to publish and distribute without interference. However, while such members may not be subject to prior restraint, they shall be held accountable for any erroneous, malicious, or defamatory statements that violate any community standards and other rights affirmed by this document, the Standards for Student Accountability, and policies in the Hampshire College Student Handbook and Resource Guide.
Right of Integrity
Every member of the Hampshire community is entitled to the Right of Integrity. The Right of Integrity is composed of three parts:
Right of Personal Security
Every member of the Hampshire community has the right to reasonable security from threat or physical abuse or mental anguish by any other person or device or substance controlled by any other person.
Building and Roof Access
Students may not access buildings after closing hours (hours vary per building). Should a student have permission to access a building after closing hours, campus safety & wellbeing should be contacted to grant access. Students are not permitted on roofs except as necessary for emergency evacuation.
Summer Access to Campus Facilities and Grounds
Students may visit campus offices during summer business hours following the office’s procedures for appointments or drop-ins. Students wishing to access academic spaces at any time during the summer need permission of the faculty overseeing their work. Students wanting access to other campus facilities at any time, or campus grounds outside of business hours need authorization from the appropriate office or department in advance. Offices granting access should notify campus safety and wellbeing [4]that permission has been granted for the student, including the approved date(s) and time(s) for which access has been approved. Hampshire does not provide guaranteed housing for students over the summer as residences are closed.
Hampshire College students may not have access to the following services during the summer: media services, TV studio and editing facilities, Dining Services, Health & Counseling Services, student activities, and more.
Access to Five College Physical and Recreational Facilities
Physical and recreational facilities at each of the Five Colleges are available year-round to Five College students only if they are registered in a physical education class at that college. These classes will be arranged through administrators of each program and limited to class time only. Arrangements for fee-funded courses and use of special facilities such as ice rinks, swimming pools, stables, and tennis courts will be made through the proper authorities at each school, and the rules and regulations for use will be determined by the host school.
Camping
Camping on Hampshire College property is not allowed without the express written permission of the assistant director of campus safety and wellbeing [4]. Those allowed to camp on College property must have proper working knowledge of, and training from, the Hampshire College Environmental Health and Safety Director. Individuals are responsible for providing all necessary fire and personal safety equipment that may be required by the College.
Chalking Policy
Chalking is permitted on any outside ground surface that is exposed to the elements (i.e. horizontal walking surfaces that rain and snow fall on). Chalking is prohibited inside campus buildings and outside on non-ground surfaces including, but not limited to, walls and windows of campus buildings, signs, trees, poles, and other structures.
Postering Policy
Posters are permitted only on bulletin boards not designated for other purposes. Students are encouraged to use the bulletin boards under the walkway along the west wall of Franklin Patterson Hall and the north wall of the Harold F. Johnson Library Center, underneath the bridge, and in the RW Kern Center vestibule. Posters placed anywhere but upon designated bulletin boards may be removed regardless of content. Students are expected to remove posters after an advertised event has taken place. Posters that do not pertain to an event that occurs on a specific date will be removed on the last working day of each month. The College reserves the right to remove any posters that are not related to college sponsored activities or events.
Project Review
Student projects that may impact the physical campus, pose a health, safety or environmental hazard, or otherwise increase the College’s institutional risk require review and approval by applicable campus offices. Please visit the student project approval [5] HampEngage page to view the updated online project review process. Examples of projects requiring approval: installations of art or other structures on campus (other than gallery approved exhibits), creating new garden space, and performances in other than regular theater spaces.
Removal
Installations, art works, posters, writings, and other projects that have not been approved through the student project approval [5] process may be removed by the College at any time.
Campus Safety & Wellbeing staff are authorized to give oral and written notices of trespass warnings to individuals based on their authority granted by the Trustees of the College and Massachusetts General Laws, Chapter 266, Section 120 to control the safety of students, faculty/staff, and visitors upon the property owned by or under the control of Hampshire College. Violation of this order will result in criminal prosecution up to and including arrest.
Campus Safety & Wellbeing staff or other College employees may ask community members or visitors for identification. Failure to comply with such a request may result in removal from the Hampshire College campus and/or trespass for non-students. Students are required to carry their Hampshire College ID cards with them at all times.
In Massachusetts the drinking and marijuana use age is 21. Though marijuana has been legalized, marijuana is not permitted at any educational institution that receives federal funding, including Hampshire College. Hampshire is committed to providing support and assistance to students struggling with issues related to alcohol or other drug use. Students who come forward to actively seek help when they are concerned about their own use or that of their friends and/or acquaintances may qualify to earn Alcohol & Other Drug Amnesty [6] or educational and restorative accountability measures if found responsible for a violation. Students will still be expected to work with the College to develop a plan to address these issues, and to take responsibility for any negative impact their behaviors have had on others or the environment (e.g., property damage, noise complaints, medical transports). Students are not absolved of responsibility for violations of community standards committed under the influence of alcohol or other drugs. Both on- and off-campus support and informational resources are available for students seeking help for substance use issues, and a listing of these resources can be found at www.hampshire.edu/slresources [7].
Within the Alcohol and the Other Drug Policy, you will find guiding information about violations of policies as well as the range of outcomes for single and recurrent violations.
In determining appropriate accountability measures, the College is committed to providing consistency to students in violation of similar policies, while recognizing the circumstance and impact varies greatly for individual students. All outcomes and sanctions are guided by principles found in our Norms for Community Living and Standards for Student Accountability:
Students that violate policies, such as possession of alcohol underage, possession of drug paraphernalia, or possessing an open container in a public space will be expected to meet with a staff member in the Dean of Students Office of Residence Life, and if found responsible will likely be connected and referred to an on-campus office (i.e., Preveniton & Education, Health & Counseling Services, etc.), community resource, or program and workshop as part of the educational and accountability process.
Students who have more severe policy violations, repeat violations, and/or those with a greater impact on the community will also be eligible for alcohol and other drug circles, additional individualized educational sanctions, participation in our BASICS program, and may also receive a Deferred Status A [8]ccountability Measure.
Students transported to the hospital for alcohol and other drug overuse/abuse may qualify for alcohol and other drug amnesty. In order to earn amnesty, the student must meet with an administrator, as requested by the administrator, for a brief Intervention meeting and successfully complete the BASICS program. Students who are of legal age to consume alcohol and are transported for overuse/abuse may also qualify for alcohol and other drug amnesty.
Continued violations of policy including those that cause significant concern for community members will require additional meetings with College administrators, and if found responsible will result in additional General Sanctions [9], Housing Sanctions [10] and/or Disciplinary Status Sanctions [11].
Administrative hearing officers have the right to deviate from these sanctioning guidelines if after meeting with a student a different path would be more beneficial to the student’s growth and success. Sanction definitions specific to alcohol and other drugs can be found here [12].
Hampshire College’s alcohol policy is guided by and abides by laws regarding such matters in the Commonwealth of Massachusetts and the town of Amherst. The acquisition, possession, transportation, consumption, and distribution of alcoholic beverages is governed by statute and regulation. For the full text of the law, please see chapter 138 of the Massachusetts General Laws [13].
The following outlines the policy including application of the policy for students who are of a legal drinking age:
Events with Alcohol
A person, group, or organization may not sell alcoholic beverages, or charge admission to an event where alcoholic beverages are served, unless a license is obtained from the local licensing authority, the Amherst Board of Selectmen [15].
For more information on sponsoring an event with alcohol on campus please visit student engagement [16]or speak with a residence life coordinator to discuss registering an event with alcohol in a student residence [17].
Students who seek and/or receive medical assistance for themselves or someone else for alcohol and other drug use will neither be subject to community standards nor notation on their educational record for the sole violation of using or possessing a substance. Alcohol and other drug amnesty is not automatic; the criteria that must be met to receive amnesty are outlined below.
The dean of student's office is committed to providing support and assistance to students who experience negative consequences related to substance use. In cases of alcohol and other drug overuse, the primary concern is for the health and safety of the individual(s) involved.
The goal of the alcohol and other drug amnesty policy, which encompasses both medical amnesty and bystander amnesty, is to decrease the risk that a student will hesitate to seek help in an alcohol and other drug-related emergency. Alcohol and other drug amnesty policies are common on college campuses and are intended to encourage safety and responsibility throughout the community. These policies promote education and/or treatment instead of punishment for individuals who receive emergency medical attention or seek medical attention for others in order to reduce the risk of future occurrences.
Individuals who need medical assistance for themselves or others are strongly encouraged to call campus safety & wellbeing (x5424 from an on campus phone or 413.559.5424 from a cell phone).
Please note that students granted alcohol and other drug amnesty will not be exempt from sanctions resulting from other policy violations committed while under the influence of alcohol or other drugs. Students will be expected to take responsibility for any negative impact their behaviors had on others or the environment (e.g., property damage).
How to Receive Medical Amnesty
Medical amnesty is not automatic and is earned only once a student has completed the following:
Failure to complete any of the steps listed above will be grounds for a community standards review either through informal or formal resolution methods.
Students may be granted medical amnesty only once during their enrollment as a Hampshire College student, because repeated community standards violations compromise not only one’s personal health and safety, but also that of the community. Students who require medical assistance due to alcohol or other drug overuse more than once may be subject to accountability measures, such as, but not limited to deferred accountability statuses, warning, administrative notice, and/or additional educational/wellness accountability measures.
How to Receive Bystander Amnesty
Bystanders who seek medical assistance on behalf of others will neither be subject to accountability measures nor notation on their educational record for the sole violation of using or possessing a substance themselves, including bystanders who are also assisting the person in need of medical attention, not solely the person placing the call for help. Bystander amnesty is not automatic and is earned only once a student has completed the following:
*This is not a community standards review or administrative/CSRB hearing; however, failure to attend and participate in the meeting will be grounds for a community standards review.
There is no limit to the number of times a student can receive bystander amnesty, because Hampshire College strives to create a community in which students are willing and expected to seek help for others in need.
The unlawful manufacture, dispensing, possession, or use of a controlled substance on the Hampshire College campus or as part of any College activity or business off the College premises is prohibited. This includes the unlawful or unauthorized use of prescription and over-the-counter drugs. If a student is found responsible for violation of this policy sanctions up to and including expulsion and referral for prosecution may result as deemed appropriate by the dean of students office/office of community standards and student accountability following review through the community standards process. [18] Minor violations of policy are likely to result in a community standards review and an assigned accountability and community restoration plan.
Local, state, and federal laws make illegal use of drugs and alcohol a serious crime. Conviction can lead to imprisonment, fines, assigned community service, and loss of federal financial aid funds. A felony conviction for such an offense can prevent you from entering many fields of employment or professions. Massachusetts has criminal penalties for use of controlled substances, or drugs, with penalties varying with the type of drug. In general, narcotics, addictive drugs, and drugs with high potential for abuse have heavier penalties.
In addition, it is illegal under Massachusetts State law to be in a place where heroin is kept and to be in the company of a person known to possess heroin.
The College is subject to federal laws, including the Drug Free Schools and Communities Act and the Drug Free Workplace Act, that require recipients of federal funds to prohibit the use, possession and cultivation of marijuana at educational institutions, regardless of state law. These regulations apply to all members of the campus community.
Drug paraphernalia is defined under Massachusetts State Law [19] as, items “one reasonably should know, that it will be used to plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, test, analyze, pack, repack, store, contain, conceal, ingest, inhale, or otherwise introduce into the human body a controlled substance.”
Persons convicted of drug possession under state or federal laws are ineligible for federal student grants and loans for up to one year after the first conviction, five years after the second; the penalty for distributing drugs is loss of benefits for five years after the first conviction, ten years after the second, and permanently after the third.
Statement on Medical and Adult Use of Marijuana
Hampshire College receives federal funding through Title IV in the form of student financial aid (grants, loans, and work-study programs) and through federal research grants. As a condition of accepting this money, Hampshire is required to certify that it complies with the Drug-Free Schools and Communities Act (DFSCA) (20 U.S.C. 1011i; 34 C.F.R. part 86). The federal government regulates drugs through the Controlled Substances Act (CSA), which does not recognize the difference between medical and adult use of marijuana. Thus, to comply with the Federal Drug Free School and Communities Act and avoid losing federal funding, Hampshire College prohibits all marijuana use, including medical marijuana, and students may be sanctioned for its use.
Therefore, marijuana prescribed for medical purposes or obtained legally is prohibited at Hampshire College even though Massachusetts state law permits its use. Students who have a documented disability may apply for accommodations, including a waiver of the campus residency requirement, through the housing-based accommodation request process. As with any housing accommodation request, the College will engage in an interactive process to determine reasonable accommodations for the disability. Accommodations may be given that support a student's on-campus residency requirement or waive the residency requirement. Please consult with the Accessibility Resources and Services [20] office for accommodation request processes.
Bullying is the repeated use by one or more people of a written, verbal or electronic (cyber bullying) expression or a physical act or gesture or any combination thereof, directed at a another person that: (i) causes physical or emotional harm to another person or damage to the person's property; (ii) places the person in reasonable fear of harm to self or of damage to personal property; (iii) creates a hostile environment at the College for the person; (iv) infringes on the rights of the person at the College; or (v) materially and substantially disrupts the education process or the orderly operation of the College.
Any bullying and/or cyber-bullying related to sex and/or gender will be reviewed in accordance with the procedures set forth in the sexual misconduct, relationship violence, and stalking policy [21].
All students have the right to an educational environment that is supportive of the learning process. Behavior that causes substantial disruption of College operations including obstruction of teaching, research, administration, events, activities, or other authorized non-College activities which occur on campus is prohibited. Reported disruptive incidents are subject to referral for review under the formal conduct process. Behaviors that may be a violation of the Code of Conduct include, but are not limited to:
[1]Hampshire College recognizes that certain life threatening behavior (e.g. suicide threats, gestures or attempts; eating disorders; substance abuse; threats, gestures or attempts to harm others) are signs of personal distress. The College is committed to helping students reduce whatever stress factors are precipitating life-threatening behavior by providing support and/or referral through use of appropriate resources. However, since it is critically important to maintain civility and respect for all members of the College community, it is recognized that referral to the Formal Conduct Process must occur when such behavior is considered by the College to be disruptive and unacceptable in the academic and/or social/ living environments. Students will always be afforded the opportunity to engage with resources and work with the Dean of Students Office to establish clear expectations for future behavior.
Hampshire College prohibits discrimination on the basis of race, color, religion, creed, sex, age, marital status, national origin, mental or physical disability, political belief or affiliation, veteran status, sexual orientation, gender, gender identity, gender expression, genetic information and any other class of individuals protected from discrimination under state or federal law in any of its educational programs and activities, in employment and application for employment, and in admission and application of admission as required by Title IX of the Education Amendments of 1972 and its implementing regulations (34 C.F.R. Part 106.9), the Americans with Disabilities Act of 1990, as amended, Section 504 of the Rehabilitation Act of 1973, Title VI and VII of the Civil Rights Act of 1964, the Age Discrimination Act of 1975, and Executive Order 11246 of 1965, as amended by Executive Order 11357 of 1967, and other federal and state laws that prohibit discrimination. Hampshire College prohibits harassment of students, employees and third parties, including racial harassment, sexual harassment, and gender-based harassment. Hampshire College also prohibits retaliation for filing good faith complaints of discrimination or harassment.
Hampshire College has designated a Title IX coordinator for purposes of Title IX compliance:
Amy Fabiano
Interim Title IX Coordinator
508.926.3395
afSA@hampshire.edu [22]
Inquiries about Title IX or the College’s sexual misconduct, relationship violence, and stalking policy can be directed to the Title IX coordinator or to the U.S. Department of Education, Office for Civil Rights.
Complaints and inquiries regarding all other forms of discrimination and harassment involving students can be directed to:
Sheila Lloyd, Ph.D.
Senior Vice President for Justice, Equity, and Antiracism
srlPR@hampshire.edu [23]
Complaints and inquiries regarding all other forms of discrimination and harassment involving employees or third party vendors can be directed to:
Kris Gagne
Interim Director of Human Resources
413.559.5605
kgHR@hampshire.edu [24]
Complaints and inquiries of discrimination, harassment, and retaliation regarding federal laws may be directed to:
U.S. Department of Education
Office for Civil Rights
5 Post Office Square, 8th floor
Boston, MA 02109-3921
617.289.0111
TTY: 800.877.8339
U.S. Equal Employment Opportunity
John F. Kennedy Federal Building
475 Government Center
Boston, MA 02203
800.669.4000
TTY: 800.669.6820
Complaints and inquiries of discrimination, harassment, and retaliation regarding state laws may be directed to:
Massachusetts Commission Against Discrimination
436 Dwight Street
Room 220
Springfield, MA 01103
413.739.2145
It is a violation of College policy to retaliate in any way against an individual or a group because the individual or group made a good faith report concerning a violation of this policy, was the subject of a report, or otherwise participated in the College’s investigation of such a report. Retaliation includes threatening, intimidating, harassing or any other conduct that would discourage a reasonable person from engaging in activity protected under this policy. Any individual who believes they have been the subject of retaliation should immediately report their concerns to the chief diversity officer. The College will take immediate and appropriate action to any report of retaliation and may pursue disciplinary action as appropriate.
Harassment, Other Forms of Discrimination, and Retaliation
Discrimination
Discrimination is the adverse treatment of any individual based on the protected class or category to whom they belong, rather than on the basis of their individual merit. The protected categories include race, color, age, sex, sexual orientation, gender, gender identity and gender expression, genetic information, religion, national origin, disability, veteran/military status or any other characteristic under applicable federal or state law.
In employment, discrimination or harassment may begin with adverse actions that may include using different standards of evaluation for employment, promotion or job performance on the basis of protected categories; denying an employee’s request for reasonable accommodations; denying employment opportunity or terminating on the basis of protected categories; retaliation against an employee participating in an investigation of discrimination and harassment.
For students discrimination and harassment may begin with differential treatment in their education program or activity on the basis of their protected category. This may include using different standards to evaluate academic performance on the basis of the protected category; denying academic, social, recreational, health services and housing on the basis of the protected category; retaliation against a student participating in an investigation of discrimination and harassment.
Harassment is unwelcome conduct directed toward a person based on one or more protected categories or statuses of that person, when either of these conditions are met:
(1) Submission to or rejection of such conduct is either an explicit or implicit term or
condition of an individual’s academic standing, evaluation of academic
work or advancement in an academic program, or employment, is used as the basis for College
decisions affecting the individual (often referred to as “quid pro quo” or “this for that”
harassment—this type of harassment is governed by the sexual misconduct, relationship violence, and stalking policy).
(2) The conduct is severe, persistent or pervasive that it interferes with an individual’s academic performance, participation in College programs or activities, employment and creates a working, learning, program or activity environment that a reasonable person would find intimidating, hostile or offensive.
Examples of such conduct include:
Retaliation
It is a violation of College policy to retaliate in any way against an individual or a group because the individual or group made a good faith report concerning a violation of this policy, was the subject of a report, or otherwise participated in the College’s investigation of such a report. Retaliation includes threatening, intimidating, harassing or any other conduct that would discourage a reasonable person from engaging in activity protected under this policy. Any individual who believes they have been the subject of retaliation should immediately report their concerns to the Senior Vice President for Justice, Equity, and Antiracism. The College will take immediate and appropriate action to any report of retaliation and may pursue disciplinary action as appropriate.
Please refer to the grievance policy in this handbook for guidance on how to report allegations of discrimination or harassment. Please note that the grievance policy in this manual does not address sexual assault, sexual exploitation, relationship violence, stalking, or sexual or gender-based harassment. Those categories of prohibited conduct are governed by the College’s Title IX grievance policy [25]or sexual misconduct, relationship violence and stalking policy, which also establishes separate procedures that outline how the College assesses, investigates and resolves reports of such prohibited conduct against student respondents (Appendix A) and employee respondents (Appendix B) [21]. See https://www.hampshire.edu/offices/title-ix [26]
For student-on-student discrimination or harassment allegations, students should contact any of the following resources:
Reporting Resources
|
||
Resource |
Phone/Location |
Types of Support |
Zauyah Waite, Ph.D Vice President of Student Affairs and Dean of Students zwSA@hampshire.edu [28]
Shawn McQuillan-Krepps, Ed.D. Senior Director of Student Affairs - Student Retention & Success
Tasia Clemons
Director of Student Affairs - Student Retention & Success |
413.559.5412/Merrill Student Life Center - 2nd Floor |
The dean of students office and the division of student affairs provide programming, resources, and an array of services to help facilitate student development and student success; support and cultivate a rich learning environment; and encourage community building at Hampshire College. The staff in the dean of students office is available to meet with students to provide individual guidance or support, as well.
|
Title IX Coordinator & Deputy Coordinators [31] Amy Fabiano Amanda Surgen Carolyn Strycharz Patrick Rojas
|
508.926.3395 (Remote)
413.559.5754/RCC - 1st Floor
413.559.5746/Merrill Student Life Center - 2nd Floor
413.559.6689/Dakin Student Life Center - 2nd Floor |
The Title IX Coordinator is responsible for monitoring compliance with Title IX; ensuring appropriate education, training, and resollution of all reports under this policy; and ensuring appropriate actions to eliminated sexual misconduct violations, prevent their recurrence, and remedy their effects. The Title IX coordinator is available to meet with any student, employee, or third party to discuss this policy or the procedures.
The College has also designated Deputy Title IX Coordinators who may assist the Title IX Coordinator in the discharge of responsibilities. |
Justice, Equity and Antiracism Division [35] Sheila Lloyd William Syldor-Severino Teal Van Dyck
|
413.559.5379, Cole Science Center
|
The Office for Justice, Equity and Antiracism is responsible for the general advancement of diversity in the life of the College. This includes racial, ethnic, gender, disability, and class diversity, as well as diversity based on sexual orientation. The primary mission is to safeguard campus wellbeing as it relates to diversity issues. Responsibilities include serving as an information clearinghouse for the whole community with regards to resources and opportunities related to diversity; sponsoring and organizing academic and cultural activities around these same topics; and supporting the work of the faculty on curricular and pedagogical innovations that advance the representation of traditionally marginalized or underrepresented groups in the academic program. The office also assists with the creation of opportunities for students to engage such issues in settings inside and outside the United States, including field studies, study abroad programs, and internships. |
Confidential Reporting and Counseling
|
||
Resource |
Phone/Location |
Types of Support |
Health and counseling services [39]
|
413.559.5458. Located near the Red Barn.
|
For medical attention MWF 8:30 a.m.-5:00 p.m. and TTh 8:30 a.m.-5:30 p.m. when classes are in session. For mental health counseling appointments MWF 8:30 a.m.-5:00 p.m. and TTh 8:30 a.m.-5:30 p.m when classes are in session.
|
Spiritual life |
413.559.5415. Enfield - Spiritual Life Center. |
For spiritually-based support. |
For allegations related to the College’s sexual misconduct, relationship violence and stalking policy you may contact the resources and support for students: https://www.hampshire.edu/student-life/sexual-respect-and-title-ix [41]
In any organization, occasionally there will be conflicts and misunderstandings that require clarification or resolution. Hampshire College believes that the best way to resolve problems is to address them fully and fairly. To that end, students are encouraged to immediately discuss any problem or perceived unfair treatment with a representative of the dean of students office. However, if such informal methods do not resolve the problem, the grievance procedure below is available. The College is committed to working with students to resolve disputes or grievances.
A. Applicability of this Policy
The issues which may be addressed through this grievance procedure are the interpretation and application of this policy provisions. More specifically, this procedure does not address sexual assault, sexual exploitation, relationship violence, stalking, or sexual or gender-based harassment. Those categories of prohibited conduct are governed by the College’s sexual misconduct, relationship violence and stalking policy, which establishes separate procedures that outline how the College assesses, investigates and resolves reports of such prohibited conduct against student respondents (Appendix A) and employee respondents (Appendix B). See https://www.hampshire.edu/offices/title-ix [26]
Grievances related to academic freedom and faculty reappointment and promotions are not subject to this grievance procedure. They are governed by the Faculty Handbook [42].
B. Procedures
Submitting a written grievance:
If after speaking with a representative from the dean of students office, you believe your complaint or concern was not adequately addressed, you may begin the grievance procedure by submitting a written statement of grievance to the senior vice president for justice, equity, and antiracism. Such submissions should be undertaken in a reasonable timeframe, generally no later than thirty (30) days following the circumstance giving rise to your grievance. The senior vice president may participate in the investigation.
If the grievance includes allegations of sexual assault, sexual exploitation, relationship violence, stalking, or sexual or gender-based harassment, it will be referred to the Title IX coordinator, pursuant to the sexual misconduct, relationship violence and stalking policy. See https://www.hampshire.edu/offices/title-ix [26]
Any grievances submitted after thirty (30) days should contain an explanation for the delay in filing, and will be reviewed to determine whether they are timely.
The grievance statement should include your name and contact information, the nature of the grievance including a detailed account of the grievance, information about whom you discussed the issue with, why you do not believe that is an appropriate response, and a suggested resolution.
If upon review of this written grievance, the senior vice president believes there is a way to resolve the problem, they will reach out to you and attempt to resolve the matter.
The senior vice president will review the grievance statement and endeavor to provide a written response within a reasonable amount of time. If necessary, the senior vice president may assign another administrator or external party to conduct an investigation into the matter and may discuss the problem with you and all parties involved including witnesses. The senior vice president has the discretion to refer these matters to a student conduct process for instances where a grievance is filed against another student. The student conduct process is detailed in the conduct meeting and hearing [43] section in the Student Handbook. (For employee respondents, the procedures outlined in the employee handbook will be applied).
If you wish to appeal the outcome of the grievance procedure, you may ask that the statement be sent to a vice president, or their designee, for review and response. For purposes of this provision, the vice presidents of the College are the vice president for academic affairs and dean of faculty, the vice president for finance and administration, and the vice president for student affairs and dean of students.
The vice president or their designee will review the grievance and attempt to resolve the situation. The vice president or their designee may conduct a further investigation and schedule a meeting between you and any relevant individuals. The decision of the vice president or their designee is final and not subject to appeal.
C. Sanctions
If a student is found responsible for a violation of College policy through this grievance process the College will take such action as is appropriate under the circumstances. Information about student sanctions can be found in the Student Handbook sanctions [44] section. This list is not an exhaustive list and any sanction or combination of sanctions may be imposed.
If an employee is found responsible for a violation of College policy through this grievance process, the College will take such action as is appropriate under the circumstances. Information about employee sanctions can be found in the employee handbook section. This list is not an exhaustive list and any sanction or combination of sanctions may be imposed.
D. Additional Information
This policy does not limit the College’s authority to discipline or take remedial action for conduct that is unacceptable, regardless of whether that conduct satisfies the definitions of discrimination and harassment above.
This is an internal process, and while a student may seek legal advice, their counsel may not actively participate in the process.
The College understands that these matters can be extremely sensitive and will protect
privacy but reserves the right to share information with individuals who may have a need to know in order to ensure compliance with this policy.
Hampshire College will not tolerate retaliation against any individual who seeks assistance with a problem or avails themselves of this process.
Students are required to comply with all requests or instructions by a College employee who is carrying out the assigned duties of their position. This includes but is not limited to:
Fire Alarms
When a building fire alarm activates on campus, residents must leave the building immediately and remain at the designated gathering point until their presence is recorded. Both campus safety and wellbeing [14] assistants and the Amherst Fire Department [45] respond. Students who are found responsible for failure to leave a campus building when a fire alarm is activated is a violation of policy. No one may enter the building until the fire department determines that it is safe to return. Campus safety and wellbeing [14] may open and enter locked rooms to ensure that no one is inside and to check for the source or cause of the fire alarm.
Campus safety and wellbeing and residence life staff conduct fire drills at least one time per semester in each residence area. All occupants of a residence hall must leave the building immediately any time the alarm sounds. These drills are not announced and staff may enter each apartment, hallway, and room to ensure compliance with proper evacuation procedures. If staff discover fire safety or other violations, students will be contacted by an administrator regarding the violation(s) and any prohibited items will be confiscated.
If a fire alarm activates and an individual knows the cause, this individual is required to call campus safety and wellbeing [14] from a safe location and explain what happened. If the fire alarm is activated inadvertently (cooking smoke, shower steam, etc.), the individual responsible must be available to talk to campus safety and wellbeing [14] and the fire department [45].
Tampering with Fire Safety Equipment
Fire extinguishers and fire detection and alarm systems are in place to protect the community. Tampering with fire safety devices is a serious violation and is prohibited. This includes, but is not limited to:
Tampering with fire safety equipment will result in the following sanctions:
When responsible individuals cannot be identified, all residents of that particular area may be found responsible.
Open Fires
Open fires (inside or outside) are prohibited anywhere on campus or College property, including fire pits, woods, and fields unless prior written approval is granted by the director of campus safety and wellbeing [14] and the town fire department [45]. Please contact residence life and student engagement staff for safety information and expectations for registering to use the enfield fire pit at 413.559.5453.
Use of grills (charcoal and gas) is not permitted inside, on balconies, or exterior stairwells. Charcoal and gas barbecues are permitted on the grounds, but must take place at least 25 feet (7.62 meters) from buildings. Propane gas containers must be stored outside, at least 3 feet (0.915 meters) away from building openings such as doors, windows, dryer vents and air intakes. Barbecue grills must not be left unattended and must be totally extinguished before leaving. The College may confiscate any barbecue grill that is used inappropriately and any container of propane gas or other flammable liquid without notice.
Other open burning, including sage and other cleansing rituals, are not permitted in residence halls without the explicit written permission of the dean of students.
Additional Fire Safety Regulations
The College may confiscate any fire safety hazard, including but not limited to prohibited items listed below, from any place, including student rooms and lockers, at any time, with or without notice. The College has no obligation to identify the owner of confiscated property, notify the owner of any confiscation, or reimburse the owner of confiscated property for any loss or damage to said property.
Prohibited Items
(Visit the prohibited items [46] section for a full list of items prohibited in addition to fire safety prohibited items.)
Toaster ovens may be used only in kitchens or lounges. Small microwaves and hot pots with auto shut off are permitted in student rooms. Appliances must be kept clean at all times and unplugged when not in use.
Pursuant with Massachusetts General Law, Chapter 269, Sections 17, 18, and 19 (below), the College prohibits hazing. Hazing is defined as any action or situation that recklessly or intentionally endangers the mental or physical health or safety of a student for the purpose of initiation or admission into or affiliation with any organization operating under sanction of a college. Hazing shall include, but not be limited to, any brutality of a physical nature, such as whipping, beating, branding, forced calisthenics, exposure to the elements, forced consumption of food, liquor, drugs, or other substance, or any other forced physical activity, that could adversely affect the physical health or safety of the individual. Hazing shall also include any activity that could subject the individual to extreme mental stress, such as sleep deprivation, forced exclusion from social contact, forced conduct that could result in extreme embarrassment, or any other forced activity that adversely affects the mental health or dignity of the individual. Any of these activities upon which the initiation or admission into, or affiliation with, a college organization is directly or indirectly conditioned shall be presumed to be a forced activity, the willingness of an individual to participate in such activity notwithstanding.
Some ways to tell if an activity is hazing:
Remember: what may seem like harmless "fun" to you may be deeply humiliating to another person.
Any activity organized by a student group or members of a student group that involves a member in practices that are injurious or potentially injurious to an individual’s physical, emotional, or psychological wellbeing (as determined at the sole discretion of the College) shall be cause for disciplinary action [47]. It shall not matter whether such practices were mandatory or voluntarily entered into by any of the student group members in question, including new and initiated members.
Massachusetts General Law, Chapter 269, Sections 17, 18, and 19
Section 17. Whoever is a principal organizer or participant in the crime of hazing, as defined herein, shall be punished by a fine of not more than three thousand dollars or by imprisonment in a house of correction for not more than one year, or both such fine and imprisonment.
The term “hazing” as used in this section and in sections eighteen and nineteen, shall mean any conduct or method of initiation into any student organization, whether on public or private property, which willfully or recklessly endangers the physical or mental health of any student or other person. Such conduct shall include whipping, beating, branding, forced calisthenics, exposure to the weather, forced consumption of any food, liquor, beverage, drug or other substance, or any other brutal treatment or forced physical activity which is likely to adversely affect the physical health or safety of any such student or other person, or which subjects such student or other person to extreme mental stress, including extended deprivation of sleep or rest or extended isolation.
Notwithstanding any other provisions of this section to the contrary, consent shall not be available as a defense to any prosecution under this action.
Section 18. Whoever knows that another person is the victim of hazing as defined in section seventeen and is at the scene of such crime shall, to the extent that such person can do so without danger or peril to himself or others, report such crime to an appropriate law enforcement official as soon as reasonably practicable. Whoever fails to report such crime shall be punished by a fine of not more than one thousand dollars.
Section 19. Each institution of secondary education and each public and private institution of post secondary education shall issue to every student group, student team or student organization which is part of such institution or is recognized by the institution or permitted by the institution to use its name or facilities or is known by the institution to exist as an unaffiliated student group, student team or student organization, a copy of this section and sections seventeen and eighteen; provided, however, that an institution’s compliance with this section’s requirements that an institution issue copies of this section and sections seventeen and eighteen to unaffiliated student groups, teams or organizations shall not constitute evidence of the institution’s recognition or endorsement of said unaffiliated student groups, teams or organizations.
Each such group, team or organization shall distribute a copy of this section and sections seventeen and eighteen to each of its members, plebes, pledges or applicants for membership. It shall be the duty of each such group, team or organization, acting through its designated officer, to deliver annually, to the institution an attested acknowledgement stating that such group, team or organization has received a copy of this section and said sections seventeen and eighteen, that each of its members, plebes, pledges, or applicants has received a copy of sections seventeen and eighteen, and that such group, team or organization understands and agrees to comply with the provisions of this section and sections seventeen and eighteen.
Each institution of secondary education and each public or private institution of post secondary education shall, at least annually, before or at the start of enrollment, deliver to each person who enrolls as a full time student in such institution a copy of this section and sections seventeen and eighteen.
Each institution of secondary education and each public or private institution of post secondary education shall file, at least annually, a report with the board of higher education and in the case of secondary institutions, the board of education, certifying that such institution has complied with its responsibility to inform student groups, teams or organizations and to notify each full time student enrolled by it of the provisions of this section and sections seventeen and eighteen and also certifying that said institution has adopted a disciplinary policy with regard to the organizers and participants of hazing, and that such policy has been set forth with appropriate emphasis in the student handbook or similar means of communicating the institution’s policies to its students. The board of higher education and, in the case of secondary institutions, the board of education shall promulgate regulations governing the content and frequency of such reports, and shall forthwith report to the attorney general any such institution which fails to make such report.
All campus space must be used only for its intended purpose unless appropriate permissions are obtained. Any use of a space that creates a hazard is prohibited. Students are required to comply with all health and safety policies, procedures, corrective actions or instructions by college personnel. This includes but is not limited to:
All community members shall maintain their areas (including residences and common spaces) in a clean and orderly condition in consideration of others’ use of the space and in accordance with health and fire codes. Rooms, lounges, and offices must be cared for in a manner that maintains their condition for future use.
Specific information on fire safety policies [48] and upkeep of residence hall rooms [49] can be found by clicking the associated links.
Pet Policy
Pets and other animals, with the exception of service animals and emotional support animals [50] approved in accordance with the College’s policy for disability disclosure and accommodation [51], are prohibited in all residence buildings. Residents are also prohibited from keeping or providing for animals on College property. Visiting animals are not permitted in any campus facility and must be under the control of the owner (i.e. on a leash or harness) at all times. Hosts are responsible for cleaning up after any visiting animals. Visiting is defined as temporary, short term (less than one (1) day), and occasional (no more than three (3) times per semester) and not overnight. This differs from the policy for human guests [52].
Violation of the pet policy or any relevant animal policies will result in immediate removal of the animal from campus. Students will bear any associated cost to the College or any of its employees or agents, whether because of damage to property owned by the College [53] or others, or because of any claim brought against the College by any person because of injury, illness, or other reason as a result of the student having brought an animal onto campus, regardless of whether the animal is in violation of policy.
DEFINITIONS
Pet: A pet is an animal kept for ordinary use and companionship. A pet is not considered a service or emotional support animal and is not allowed in campus residences, buildings, and other facilities.
Hampshire College is committed to creating a welcoming environment through the use of commonly accepted guidelines and procedures that allow animals to be on-campus for specific purposes. These purposes include reasonable accommodations for employees, students, and visitors with disabilities in compliance with applicable Massachusetts state and federal laws. In accordance with the Americans with Disabilities Act of 1990, as amended [54] and related laws, rules and regulations, including the Fair Housing Act [55], Hampshire College will reasonably accommodate requests for service animals and emotional support animals to reside with their owner/handler in College provided housing.
Disability: Defined as a physical or mental condition or impairment that is medically recognizable and diagnosable, and substantially limits one or more of an individual’s major life activities. These limitations may include performing manual tasks, walking, seeing, hearing, speaking, breathing, working, and learning. An individual is substantially limited in major life activities if they are unable to perform the activity, or is significantly restricted as to the manner in which they can perform that activity when compared to the average person. Acceptable documentation of a disability will be from either a licensed medical or mental health provider and must verify the disability and describe the need for a service or emotional support animal.
Service Animal Access
Service Animal: Any dog* that is individually trained to do work or perform tasks for the benefit of an individual with a disability, including a physical, sensory, psychiatric, intellectual, or other mental disability. Other species of animals, whether wild or domestic, trained or untrained, are not service animals for the purposes of this definition, however the College will consider other animal species on a case-by-case basis in accordance with Federal regulations. The tasks performed by a service animal must be directly related to the individual's disability.
*Dogs are specified due to the unreasonable nature of providing any larger animals (such as miniature ponies) access, care, and use on a college campus. Therefore we focus on dogs in the context of service animals at Hampshire College and commensurate language is used throughout our materials. Any need for consideration of exceptions will be made on a case-by-case basis.
Examples of work or tasks include, but are not limited to, assisting individuals who are blind or have low vision with navigation and other tasks, alerting individuals who are deaf or hard of hearing to the presence of people or sounds, providing non-violent protection or rescue work, pulling a wheelchair, assisting an individual during a seizure, alerting individuals to the presence of allergens, retrieving items such as medicine or the telephone, providing physical support and assistance with balance and stability to individuals with mobility disabilities, and helping persons with psychiatric and neurological disabilities by preventing or interrupting impulsive or destructive behaviors.
Students requiring use of a service animal as a means of access may utilize their service animal as needed throughout campus. It is important that, if a student resides on campus that they connect with the office of accessibility resources and services (OARS) [56] to ensure they are placed in a residence which does not conflict with their disability. In order to maintain equal access for other residents, it is also important the the presence of an animal does not conflict with the disabilities of others. [57] If this is the case, either or both parties should engage in the grievance process for disability-related access [58].
Service Dogs in Training: These animals are considered to have the same public accommodation rights as service animals. However, service dogs in training are expected to behave to the same level of expectation as a trained service animal and must abide by the expectations for animals on campus [59]
It is highly recommended that students partner with a reputable training organization to facilitate animal training and ensure that an animal is ready to meet behavioral expectations.
Emotional Support Animals (ESA): Animals that provide assistance and/or emotional support to its owner by its very presence but are not trained to perform specific tasks in response to the disability. These animals (not limited to dogs) do not meet the ADA definition of a Service Animal, but may qualify under the Fair Housing Act [55] and Hampshire College’s Policy on emotional support animals.
Because emotional support animals are not required to perform a specific task for a student and do not need to be with the student at all times, they are only permitted in the student’s residence. As such they are considered a housing-based accommodation and requests for emotional support animals are handled as any other request for housing-based accommodation [20].
Students with a disability may apply to have an emotional support animal as a reasonable accommodation in housing facilities that otherwise impose restrictions or prohibitions on animals. Students requesting an emotional support animal as a reasonable accommodation must register with the office of accessibility resources and services [60] (OARS) and pursue the disability disclosure and accommodation request process [61].
Students may submit a request for accommodation at any time. However, if approved for an emotional support animal, students will not be permitted to bring the animal to campus until the beginning of the following academic semester.
In order to qualify for such an accommodation, the emotional support animal must be necessary to afford the individual an equal opportunity to use and enjoy a dwelling or to participate in the housing service or program and there must be a relationship between the individual’s disability and the assistance the animal provides, documented by a medical professional competent to address the need for the accommodation and the requirement of the specific accommodation requested.
Students going through the request process should note that all emotional support animals must be spayed or neutered. In addition, all animals must be housebroken or live within a contained habitat, and may not weigh more than 88 pounds. Exceptions will be considered on a case-by-case basis.
Students whose requests are approved will be permitted to have one emotional support animal.
It is highly recommended that emotional support animal handlers pursue relevant training, such as "good citizen training" for dogs, to ensure their animal meets behavioral expectations.
RESOURCES
This policy provides the guidelines and requirements with respect to use of emotional support animals (ESA) and service animals, and applies to any emotional support animal, service animal, or service animal in training whose user or handler is a Hampshire College student residing in College-owned housing and/or attending classes and other campus facilities. It also applies to any handler of a service animal or therapy animal (specifically trained for use by a mental health professional) participating in a College program or who is on the College’s campus (including students, employees and third parties) for any amount of time for any reason (please refer to expectations for visiting on the "Animals on Campus" section of the handbook [65]).
Emotional support animals and service animals that are approved and/or verified through the College’s housing accommodations process [20] will be permitted to reside with their owner in the student’s private room. These animals are also permitted in other areas of the student’s residence as long as the animal is under the direct physical control of the student at all times. “Residence” is defined as the specific apartment unit (“mod”) or residence hall to which the student is assigned.
Emotional support animals are not permitted in any other indoor, College-owned spaces or facilities. Any animal shall have a harness, leash, or other tether at all times while outside of the student’s private room.
Service animals are permitted to accompany their handler in any environment the handler needs to access to perform the necessary tasks for which they are trained, relative to the handler’s disability.
Behavioral Expectations for Animals on Campus
Please refer to the section titled "Resolution of Conflict and Appeals for Service or Emotional Support Animals [57]" for more information about unacceptable animal behaviors and consequences.
Public Etiquette for Other Students/Staff/Faculty/Administrators on Campus
Service animals and emotional support animals are not pets. Accordingly, the College asks that students and their visitors adhere to the following good practices when interacting with service animals and emotional support animals.
Individuals should NOT:
Emergency Situations
Appropriate facilities and campus safety & wellbeing staff are notified of residences with animal inhabitants in case of need for entry for repair or emergency. In the event of an emergency, on campus personnel designated to respond are expected to recognize assistance animals and their role in communicating their partners' need for assistance.
The handler and/or animal may be confused or disoriented in a stressful situation due to smoke, sirens, wind noise or by shaking and moving ground. The response personnel should be aware that animals may be protective in their confusion and should not be considered harmful. The responders should make every effort to keep the animal with its partner.
The handler should make every effort to control the animal during an emergency situation and be prepared to muzzle or restrain the animal as needed. Students who are with emotional support animals or service animals regularly on campus are encouraged to develop an individual evacuation plan with the College. Students interested in creating such a plan should contact the housing operations office and office of accessibility resources and services.
An animal's handler is solely responsible for ensuring the safety and proper care of their animal at all times.
Disclosure Requirements and Expectations
Proactive Disclosure: Students are required to provide relevant documentation and communicate the presence of an animal to the housing operations office and office of accessibility resources and services before the start of a given semester in accord with the deadlines indicated on the timelines for housing accommodations. [20]
In order to avoid conflict with others' disabilities, animal handlers must disclose the intended presence of an animal in classrooms and offices, in a timely and reasonable manner, to any potentially affected parties, including faculty, advisors, any other staff or Hampshire Community member whose space they may need to access with the animal. If such a conflict arises, both parties should pursue the process for conflict and appeals for service or emotional support animals. [57]
The housing operations office will notify mod or floor-mates of the expected presence of an animal in the living space in the up-coming semester and will work with any individuals who are affected to accommodate their needs separately from those of the animal handler.
Service Animals: We encourage, but do not require, students to make their own disabilities known to the College should they require a service animal accompany them in academic classes, activities, or services on campus.
However, if a student plans to have their service animal live with them in residence, we require that they provide adequate and reasonable notice to the College. Notice to the College is used to ensure the appropriate housing placement is made and that the animal meets the documentation requirements listed below. Students should provide notice to the College by contacting the office of accessibility resources and services [56] (OARS).
Emotional Support Animals (ESA): Any student requesting to have an emotional support animal as a formal accommodation, must pursue the disability disclosure and accommodation request process [61] and be approved for an emotional support animal as a reasonable accommodation.
All persons with service animals or emotional support animals are expected to adhere to the expectations for animals on campus [59] and ensure that their animals act and respond appropriately at all times while in public.
Documentation Requirements
The student must provide the following documentation to the office of accessibility resources and services prior to the approval of accommodation request and prior to the arrival of the animal on campus, and then annually or as requested by a College official:
Animal Identification
Designation: Service animals (including trainees) shall be reasonably identified to the community by harness or service animal vest or other gear when not in a private or student residence. If there is no identification, College staff may ask if the animal is a working service animal. It is strongly encouraged that all emotional support animals also be identified as such in a reasonable manner by use of vest or other clear signage and gear when outside of the handler's residence. Again, emotional support animals are not permitted to enter any buildings or facilities other than the student's residence.
Control Requirements
The animal may not pose a risk of health or safety to others and may not create unreasonable interference for others.
An emotional support or service animal shall have a harness, leash, or other tether at all times while outside of the student’s private room. If the student is unable to use a harness, leash, or other tether because of a disability, or because the use of such a restraint would interfere with the animal's safe, effective performance of work or tasks (service animals only), the animal must be under the handler's control (e.g., voice control, signals, or other effective means).
Animal Waste
Animal users/handlers are responsible for cleaning up their animal’s waste. Waste must be properly disposed of. Persons with disabilities who physically cannot clean up after their own animal will not be required to do so; however these individuals should take their animal to designated relief areas. Relief areas are not designated publicly and will be designated on an individual basis with the collaboration of the housing operations office (HOO) and the College grounds personnel. If an animal relieves itself in non-designated areas, these individuals should request assistance with cleaning up.
Care of Animal
Students are expected to maintain flea, tick, and odor control. Animals must be regularly groomed as appropriate. All animals are expected to be up to date with required vaccinations, licenses, and maintain a regular schedule of veterinary care.
Financial Responsibility
Students who have an animal on campus are financially responsible for property damage [53] caused by the animal including, but not limited to, cost of repairs, replacement or cleaning of facilities or furnishings and any bodily injury or personal injury caused to other persons by the animal.
Restricted Areas
The College may restrict the use of emotional support animals in certain residential locations.
The College may prohibit the use of service animals in certain locations due to health or safety hazards, where service animals may be endangered, or where their use may compromise the integrity of research or fundamentally alter the nature of a program or activity. The safety of locations will be individually considered by the director of the office of accessibility resources and services (OARS), the laboratory director or professor, and the College risk management team. If a location is determined to be unsafe, reasonable accommodations will be provided to ensure the individual equal access to the activity.
Exceptions to restricted areas may be granted on a case-by-case basis by contacting OARS. In making its decision, OARS will consult with the appropriate department and/or laboratory representative regarding the nature of the restricted area and any ongoing research.
Conflicting Disabilities
Students who have asthma, allergies, or other medical conditions affected by the presence of animals are asked to contact the office of accessibility resources and services [56] (OARS) to pursue the formal disclosure process [61] for equitable consideration of individual need for accommodation and resolution of any conflict that may arise. Faculty and staff should pursue the HR disclosure process [66]. The person impacted by the presence of the animal must provide verifiable medical documentation to support their claim. The needs of both persons will be considered in resolving the issue in the most equitable way possible, given the timeframe and other extenuating circumstances of the individual case.
Animal handlers are strongly encouraged to be proactive in disclosing their need for the presence of an animal in line with expectations outlined in the student responsibility policy for animal handlers [67].
Removal of an Emotional Support or Service Animal from College Facilities or Programs
An animal that is determined to be out of control may be excluded from a College program or facility. This may include, but is not limited to:
Reported behavior will be treated on an individual basis through the dean of students office [68] with support or input as appropriate from the housing operations office, dean of students office, campus police, office of accessibility resources and services or other offices. If the animal poses a threat to the safety of others, campus police will be part of a collaborative team to determine the outcome of the behavior. Consequences may include, but are not limited to, muzzling a barking dog, required training for the animal and student, or exclusion of the animal from College facilities entirely.
If the student or any other person brings an animal to areas of campus where the animal is not permitted* (see student responsibilities [67] policy), the College/any employee may require that the animal be removed from the facility or area and returned to the student’s room. Failure to comply with this request may result in permanent removal of the animal from the College.
*It is strongly encouraged that any student with a service animal designates that animal as such when in any public setting to avoid confusion or misunderstanding on the part of other community members. Even with such designation, service animals may be asked to be removed from a facility if they do not adhere to behavioral expectations outlined below.
In the event that an animal is excluded from College facilities or programs in accordance with applicable FHA regulations and the student wishes to bring a new animal to campus, the student must comply with all documentation requirements for the new animal.
If an animal handler exhibits irresponsible behavior and does not abide expectations for student responsibility [67], they may not be allowed to have another animal for a determined time and/or may be expected to demonstrate completion of handler training. If such an occasion arises, the student is encouraged to work with relevant support services on campus to seek alternative means of accessibility and/or accommodation support in the absence of an animal.
Grievance and Appeals
Prior to filing a grievance, a complaint may be brought to the director of Accessibility Resources and Services/Section 504 Coordinator for informal resolution.
Any student dissatisfied with a decision concerning the use of an animal on campus shall be entitled to bring a grievance under the grievance procedures [69] for students. Any claims of discrimination on the basis of a disability or failure to provide reasonable accommodations regarding the use of a service animal on campus may be brought pursuant to the College’s grievance policies [58].
Physically endangering behavior is acting in a manner that exerts control over another person through the use of physical force and/or puts the greater community in physical danger.
Actions that endanger any person’s physical well-being are unacceptable. These actions include but are not limited to:
All campus spaces must be used only for their intended purpose unless appropriate permissions are obtained. Any use of a space that creates a hazard for the user or other occupants of the building is prohibited. No student is allowed on the roof of any building on campus, except in those instances when it is a secondary egress route in the event of a fire. No student is allowed to scale the exterior of any building on campus.
Campus safety and wellbeing [14] should be contacted regarding any physically endangering behavior.
Physically endangering behavior may result in immediate suspension and other sanctions up to and including removal from the College.
Political and Campaign Activities Policy
Hampshire College has a longstanding tradition of free and open inquiry, and values and protects the freedom of students, faculty, and staff to express political views, to exercise their right to vote, and to participate in the electoral process. At the same time, to retain our status as a tax-exempt organization under Section 501(c)(3) of the federal Internal Revenue Code, the College must not directly or indirectly participate or intervene in any political campaign on behalf of or in opposition to any candidate for public office. The prohibition applies to all campaigns including campaigns at the federal, state and local level. Violation of this prohibition may result in denial or revocation of tax-exempt status and the imposition of certain excise taxes.
Faculty, students, and staff taking political positions for themselves or groups with which they are associated should clearly indicate, by words and actions, that their positions are not those of the College and are not being taken in an official capacity on the College’s behalf. Because this may restrict certain uses of institutional resources as well as prohibit certain types of statements made on behalf of the College, here is a set of guidelines for Hampshire College community members. This is not intended to be an exhaustive description of every possible scenario in which the political campaign intervention issue may arise, so if you have any questions about these or other situations, please contact the President’s Office. In addition, students and student groups planning political or campaign activities should discuss their plans with Student Engagement [16] and the Dean of Students Office [68].
Members of the Hampshire College community may not:
Notification of Jury Duty Law
According to the Office of the Jury Commissioner of the Commonwealth [72]of Massachusetts [72], “Every U.S. Citizen 18 years of age or older who is a Massachusetts resident or an inhabitant for more than 50% of the time is eligible to serve as a juror. If you are a resident of another state but a student at a Massachusetts college, you are an inhabitant for more than 50% of the year and, therefore, eligible to serve as a juror in Massachusetts.” There are no student exemptions from jury duty.
Students should read carefully all materials they receive with their summons to service, which contain helpful information about confirming, postponing, rescheduling, or relocating service, and address many of the most frequently asked questions. Jury duty is an important legal obligation, and those who fail to respond are subject to criminal prosecution. Students who miss class in order to fulfill their jury service requirement should notify each of their instructors of the summons and make arrangements to complete any missed work.
If you have any questions about jury duty, including confirming, postponing, rescheduling, or limiting your service, contact the Office [72]of the Jury Commissioner [72] (1.800.THE.JURY/1.800.843.5879).
Voter Registration
As a part of the Higher Education Amendment, Hampshire College must provide you with the opportunity to register to vote. You may request a [73]mail-in voter registration form [73] online. The Massachusetts form can be used only to register to vote in Massachusetts.
Out-of-state students who want to vote in their home state must use either a mail-in form supplied by an election official in the home state or the federal mail-in affidavit of voter registration. Affidavits may be obtained by writing or calling the Massachusetts Elections Division [74], Room 1705, McCormack Building, One Ashburton Place, Boston, MA 02108; 617.727.2828 or 800.462.8683.
A number of items are prohibited in the Hampshire College buildings. These prohibitions are in place to support the health and safety needs of all community members. Some of the prohibited items are specific to students living in the residences. This listing is not all-inclusive of specific items, but gives a comprehensive description of types of items not permitted and does include some specifics to guide student understanding of prohibited items.
An additional list of fire safety prohibited items can be found at the end of the fire safety policy [75].
Students are prohibited from introducing, possessing, using, buying, selling, carrying, or displaying any weapon or replica. Weapons are defined as any device or substance that is designed, used, or likely to be used to cause bodily harm, or property damage.
Firearms are prohibited and defined as any gun, rifle, pistol, handgun or device designed to fire bullets, BBs, pellets, or shots (including paint balls), or other projectiles, regardless of the propellant used.
Other weapons include but are not limited to, mace, pepper spray, taser, stun guns, knives with fixed blades, switchblades, spring-loaded knives, pocket knives with blades longer than 4 inches, kitchen utensils not used for their intended purpose, martial arts weapons, bow and arrows of any type, swords, brass knuckles, sling shots, explosives, or incendiary devices such as firecrackers are strictly prohibited on campus.
All “prop” weapons used in plays, the theater, etc., must be registered and stored at campus safety. The policy also covers any other items deemed by campus safety and wellbeing [14] to be dangerous, including hazardous chemical or biological material of any sort. Also included are displays/collections of the above-named items, ornamental weapons and ornamental ammunition. Any prohibited items are subject to confiscation and permanent forfeiture without any expectation of return or reimbursement. Violators will be subject to criminal prosecution and sanctions up to and including removal from the College.
Quiet Hours
Campus-wide quiet hours begin at 11:00 p.m. Sunday to Thursday and at 2:00 a.m. Friday and Saturday and are in effect until 7:30 a.m. each day. Noise that infringes on a person’s working environment at any time cannot be tolerated.
Noise
Members of the Hampshire community have the right to a quiet environment. Unlike areas surrounding other buildings, noise made outside of residence halls can interfere with the ability to sleep, study, or socialize. The same expectations regarding courtesy that apply inside residence halls also apply to the area surrounding them. The use of amplified instruments, DJ equipment, and drums in the residences, indoor or outdoors, and the placing of stereo speakers in windows facing outward are prohibited.
Since our founding, Hampshire College has been envisioned as a residential learning community. This has meant that not only does Hampshire strive to provide safe, secure, and comfortable living areas for students, but we also strive to provide a dynamic, intellectual environment outside the classroom. The residence life system encourages students to assume community responsibility and to respect the diverse backgrounds and lifestyles of our community members by providing opportunities for residents to learn about differences and to intentionally create a community that embraces those differences.
For more information about the student and professional staff who work and live in the residence halls, visit the residence life website. [76]
The following policies and associated subsections outline residence life and housing policies. If you have additional questions about these policies, please contact your residence life coordinator or another member of the residence life staff [77].
Residential License
Every student must complete a housing form which includes the College’s residential license.
Room Selection
Residence life staff will communicate each year’s continuing room selection process to eligible students. All mods must be filled at the time of selection. Any vacancies in mods (or residence hall double rooms, if applicable) must be filled by the assigned residents or residence life staff will administratively fill the vacancies.
Health & Safety
Residence life staff and/or health and safety staff may enter common spaces and rooms as needed, and at least once during each term, to conduct fire, health, and safety inspections. Residence life staff also enter each room, as part of the December shut-down process, to check the heat and make certain windows and doors are secure. Students are required to comply with the required corrective action of all fire, health and safety inspections carried out by college personnel.
All campus spaces must be used only for their intended purpose unless appropriate permissions are obtained. Any use of a space that creates a hazard for the user or other occupants of the building is prohibited. No resident is allowed on the roof of any building on campus, except in those instances when it is a secondary egress route in the event of a fire. Additionally, no resident is allowed to scale the exterior of any building on campus.
Liability
Hampshire College assumes no responsibility or liability, directly or indirectly, for damage, loss, or destruction of any personal property by fire, water, theft, etc. Students are strongly encouraged to carry personal insurance to cover their belongings (see student insurance [78]). It is the responsibility of each student to safeguard their personal belongings and keep bedroom and apartment doors locked. Most property crimes on campus are crimes of opportunity. The simple step of keeping doors locked provides enormous protection. [4]Campus safety and wellbeing [14] has electric engravers available for loan. It is a good practice to engrave valuable items with some identifying marks. Marking of personal property will help in identifying the rightful owner of recovered property.
Room Changes
Although students are expected to live in the same room for an entire academic year, there are sometimes extenuating circumstances that may warrant a move. Students who experience difficulties in their residence should consult their resident assistant or residence life coordinator to discuss how they can improve and tolerate their current environment. Students who feel their current living situation is untenable can meet with their residence life coordinator to discuss these circumstances. All requests for room changes are reviewed, and ultimately approved or denied, by the residence life professional staff.
An administrative move may be determined as necessary by a member of the residence life staff or the dean of students office. In such cases, these staff reserve the right to move students to any vacancy on campus.
Students are expected to remove all personal belongings from their assigned room and associated common areas within 48 hours of notice of a change in room assignment due to relocation to another residential space or leaving the College. Residence life staff will communicate specific moving instructions and timelines in writing via Hampshire College email. All items remaining in student rooms and associated common areas at the end of their contract period or when the student leaves an assigned space will be considered abandoned and will be disposed of or donated to local charitable organizations by the College.
The College assumes no liability for the loss or damage of students’ personal property if property has been abandoned.
Room Damages
Damage to student rooms and/or damage to or removal of furnishings or equipment, beyond ordinary wear and tear, will be charged to the last known student occupant(s) of that room. This will include, without limitation, material and labor costs for replacing missing furniture, screens, window stops, heater covers, draperies, other safety devices, stoves or any other equipment that is part of the room or mod. Damages to the public areas of a residence hall or mod will be charged to all residents of the smallest applicable area of the hall or mod, the total being divided equally. Group charges may include costs for replacing missing furniture and other furnishings that cannot be attributed to specific individuals. Assessments for damages are made as students move and at the end of the academic year. Disablement or removal of safety devices may result in personal liability for harm that may arise from such acts.
Under no circumstances are students permitted to paint their rooms or common areas. Failure to abide by this rule will result in charges for paint and labor to restore the room or common area to its original condition.
Furnishings and Furniture
Room decorations are permitted, provided they do not exceed 40 percent of any wall and they must not be hung on ceilings, sprinkler pipes, over smoke detectors, or near any source of heat. Any method of affixing decorations that puts holes in or mars walls, woodwork, doors, or furnishings is prohibited.
No decorations are allowed in hallways or stairwells with the exception of existing student room bulletin boards.
Students bringing hotpots and/or microwave ovens should keep them unplugged when not in use.
All College furnishings and fixtures must remain in student rooms and common spaces at all times.
Items furnished by the College in public and common areas may not be moved from those spots. If such items are found in student rooms, it will be treated as theft of College property.
Students may supplement College-owned furniture in common spaces with their own additions. However, the College is not responsible for damage or theft of non-College furnishings. It is the student’s responsibility to remove all non-College furnishings upon departure and summer shutdown. Furniture that remains in rooms and common spaces at the end of the academic year may be disposed of by the College in accordance with the abandoned property policy [79].
All screens must be left in place, attached to the windows. Students are billed for detached, missing or damaged screens.
Vandalism of College-provided phones will result in all hall or apartment/mod residents bearing the cost of repairs or replacement.
Bed Risers
You are able to adjust your bed height. Additionally, only under certain conditions, you may use a bed riser to create additional under bed storage. Bed risers are not recommended; however, in order for bed risers to be used, the following criteria must be followed:
· Bed risers must be made of high-density polyethylene that holds 1,200 pounds.
· The bed cannot be raised more than 6 inches.
· The bed must be sturdy and must not wobble.
· Bed risers made out of plastic, cinder block, or PVC pipe are prohibited.
While Hampshire College is primarily a residential college, some years we are unable to house all students on campus. During those times, all first- and second-year students are guaranteed on-campus housing, if they desire. A process of students voluntarily requesting off-campus will be implemented in an attempt to meet the College’s housing needs.
In years when a housing shortage is not predicted, students will be required to live on campus.
Students meeting the following criteria are exempt from living in college housing if they apply and are approved:
Students who are granted off-campus status will retain that status for the remainder of their time at the College. Students who wish to return to campus housing must contact Residence Life. The number of vacant rooms and the timing of the request will have an impact on how quickly students may be returned to campus housing. Every effort will be made to expedite the request. For emergency purposes, all off-campus students are required to provide the College with their current local address and telephone number each semester. This information is made available to Hampshire staff and faculty.
Disability-related Accommodation
Students seeking off campus housing status as an accommodation due to psychological, physical, or learning disabilities, who do not otherwise qualify for release through the general process, may request a release from the on-campus requirement as an accommodation through the housing-based accommodation request process [20].
Students who wish to return to campus housing and would be in need of an on campus housing based accommodation should also pursue the housing-based accommodation request process [20] once they have been in contact with the Residence Life staff to begin the return process.
All students must vacate their rooms by the end of Hampshire’s advising/progress review period at the end of fall semester. In the spring semester non-graduating students must vacate their rooms at the end of the advising/progress review period; graduating students must vacate their rooms by noon on the day after commencement.
All residence areas are closed during the winter break and occupancy is prohibited. Facilities and grounds and residence life staff will enter each room during this period to turn down heat, monitor fire safety [48] compliance, and secure all areas.
Failing to leave by the designated departure time may result in referral to the formal conduct process [18] and a resulting sanction including but not limited to a significant fine, commensurate with the amount of time a student has been on campus when they should not have been.
Proper Upkeep—Student Responsibilities
Students are responsible for the cleanliness of their own rooms and for their common spaces. In the residence halls, the common areas are the lounges and bathrooms, and in the apartments/mods they are kitchens (including the insides of stoves and refrigerators), living rooms, and bathrooms. Students may not store personal items in residence hall lounges and kitchens.
The cleanliness of all areas must meet the standards of fire and safety codes. Residence hall residents are responsible for bringing trash and recycling from rooms to the large bins in the lounges. Apartment/mod residents are responsible for bringing trash and recycling to the dumpsters. As recycling is the law in Amherst, all members of the community must comply. Recyclable materials must be clean before they are deposited in the recycling bins. Residents are responsible for bringing compost to public collection areas.
Students living in apartments/mods are responsible for providing their own cleaning materials and equipment. Residents in all areas may borrow vacuum cleaners from their area offices. residence life staff conduct full health and safety inspections of each student’s room and common areas at least one time during each semester. Violations are cited and students are required to correct them in a timely way. Failure to do so could result in sanctions [47], up to and including housing relocation and removal from campus housing.
A social event on the Hampshire College campus is considered to be any gathering at which more than 15 people are in attendance. All social events in the residences, regardless of whether or not there are alcoholic beverages being served, must submit an authorized social event registration form [81] at least 24 hours prior to the event from the residence life coordinator of the residence. Prior to submitting the registration form [81], those hosting the event must meet with the residence life coordinator to understand their responsibilities and what procedures to follow as event hosts. Hosts may also be required to attend an educational workshop prior to hosting social events. The meeting and workshop ensures that students understand all policies and safety resources that are in place. Students hosting parties without registration or after being denied registration will be in violation of the policy.
Social event registration forms require the sponsorship of two residents of the hall or mod where the event is taking place. These individuals must be willing to take responsibility for the event by taking part in the discussion with the residence life coordinator prior to the signing of the event registration form and by ensuring that all Communtiy Standards [82] and laws are adhered to during the event. If alcoholic beverages are being served during the event, both signers of the registration form must be 21 years of age or older. Those serving alcohol are required to check identification. Events will not be authorized if excessive alcohol is being served or if there is a lack of adequate alternative nonalcoholic beverage and food offered. For more information about hosting events with alcohol, please see the alcohol policy [83].
Social Event registration forms [81] will be authorized only for a single hall or mod to host an event. Attendance at events within and around the living areas is limited due to fire safety [48] concerns. Larger events should take place outside the residences (contact student engagement [16] for assistance coordinating events outside the residences). Noise generated by the event must not be so loud as to disturb neighboring residents. Only one event registration form will be authorized in each residence area on a single night. Social events in the residences will not be authorized to take place during or around the time of large-scale campus events or during the time of College quiet hours [84]. Therefore, events in the residences will only be authorized for Friday and Saturday nights unless deemed appropriate by the residence life coordinator. They will not be authorized to take place during the College’s exam period or the exam periods of any of the other Five Colleges, during break periods (October break, Thanksgiving break, or spring break), during any time of the Halloween weekend, during Spring Jam, or during the weekend of graduation. A residence life coordinator may refuse to authorize events during other large-scale campus events. A residence life coordinator may also refuse to authorize events at their discretion.
For the safety of other students and the integrity of our facilities, residents may not engage in any sporting and recreation activities within the residence hall and mod rooms, lobbies, lounges, hallways or other common areas. Sporting and recreation related activities include but are not limited to the following: rollerblading, frisbee, hockey, golf, bowling, as well as the use of skateboards, scooters, bicycles, hover boards and other motorized vehicles of any kind.
Hampshire College does not provide on campus storage during the academic year or between academic years (over the summer). There is limited space provided for international students to store some items over the summer; the College assumes no liability for those items and students use the storage spaces at their own risk for theft, water or fire damage, or any other type of loss.
Bicycles may not be stored on campus during the summer vacation period. See the bicycle policy [85] for additional information.
Use of Student Rooms
Only registered Hampshire College students may live on campus. Housing is contingent upon a student’s maintaining an active student enrollment status. The only persons who may reside in a room are those assigned by the College. Residents may not invite or permit any other person to reside in their assigned room or in any other area of a residence hall.
Student rooms are to be utilized as bedrooms and/or study space. The use of bedrooms for other purposes is prohibited.
Subletting
Subletting of a student room to any other person not officially assigned to that room is prohibited.
Right of Entry
Students’ right to privacy in their bedrooms is respected by the College to the extent practical. In most instances, the College is able to give students advance notice of a need to enter student rooms. A submitted work order acts as permission for facilities and grounds personnel to enter a student’s room for the purpose of making the requested repair(s). By requesting maintenance service within a student's assigned room or anywhere in their apartment/mod, a student implicitly authorizes a facilities and grounds worker to enter their room, bedroom or apartment/mod to perform the service that you have requested.
Other appropriate College employees may enter student rooms under the following conditions:
Access to a student room cannot be given to another student without the explicit permission of the occupant of the room. Students will be granted access to another's room for a finite period of time in order to accomplish a specific task. Permission may be granted in writing via an email from the occupant's Hampshire College email account sent to housing@hampshire.edu [86]. Permission may also be given via phone to a member of the residence life and student engagement staff.
Key-Card Access Policy for the Residences
All exterior doors to buildings equipped with card readers will be locked at all times. All students living in a building equipped with card access will have 24-hour key-card access to the building in which they live. Tampering with the operations of doors, windows or card readers may result in referral to the formal conduct process [18] that could result in sanctions including but not limited to restitution of damages and removal from campus housing.
The College, at the discretion of the dean of students office, has the right to make changes, or to restrict an individual student’s access settings on their card. For more information, about your student ID card, visit the OneCard office website [87] or contact the OneCard office at onecard@hampshire.edu [88].
Keys and Lockouts
Any duplication of College keys is strictly prohibited. Replacements for lost keys must be obtained from the residence life [80] staff during working hours. If a key to a student room is lost, the lock on the door is automatically changed and two new keys are made. In the apartments/mods, if an entry key is lost, the lock is changed and replacement keys issued to all residents of that apartment/mod. When a lounge key is lost, a new key to the lounge is issued to the resident.
Students are charged $5.00 for each key replaced, $60.00 for each bedroom re-core, and $100.00 for each apartment/mod entry recore, (this includes key replacements for all apartment/mod residents. Replacements for lost key cards (in applicable residence areas) must be obtained from the OneCard office [87], located in the Dakin Student Life Center. Lost cards will be immediately deactivated and a new card issued to the student for a fee.
If a room key is not returned within 48 hours after occupancy is concluded, the lock must be changed. Students will be charged for replacement lock core and keys, as above.
Key cards (in applicable residence areas) will be automatically deactivated immediately after occupancy is concluded, and will be reactivated if and when new occupancy begins.
In the case in which keys and/or a key card are lost, access to a student’s room can be obtained by calling campus safety and wellbeing [14] (x5424 from an on campus phone or 413.559.5424).
It is strongly advised that a student vacating a residence hall or apartment/mod for any reason—including but not limited to withdrawal from the College, moving to a different residence hall or apartment/mod, or vacating their room at the end of a semester—have the room formally checked by a member of the residence life staff. Keys must be returned by the date a student officially changes their enrollment status or becomes less than fully enrolled (NOTE: some deadlines result in specific refunds) or within 48 hours of receiving keys to a new room. For specific information on vacating rooms at the end of the academic year, see the residence closing policy [89].
Students who go on medical leave [90] must vacate their on campus rooms within 48 hours after the date on which the leave is granted, as approved by health and counseling services [91] or student affairs [92] personnel. All residential keys must be returned to the office of residence life and student engagement [80] upon a student’s departure. Failure to comply with this policy may result in additional charges commensurate with the amount of time a student has taken to vacate their room or to make arrangements with the housing operations office to have articles removed.
Students may invite guests into their residence permitted they will accompany them at all times, it is agreed upon by modmates, and it is allowed for in their modmate agreement. Students are permitted to have overnight guests in their residence as long as the host is on campus during that time. Hosts must register their guests [93], indicating the length of the visit, which may never exceed one (1) week at a time or more than fifteen (15) days cumulatively in a semester, even if the guest has had more than one host. Students are allowed to have a maximum of one overnight guest on campus at a time. Guests’ vehicles must be registered with campus safety and wellbeing [14] as specified in the parking policy [94].
All visitors and overnight guests are expected to abide by Hampshire College’s Norms for Community Living, this includes not bringing an animal into the residence unless it is a registered service animal. Responsibility for the behavior and safety of guests lies with the host. Any damage caused by a visitor/guest, whether or not they have been registered, will be the responsibility of the host. Any visitor/guest whose behavior is disruptive will be required to leave campus.
Overnight guests are not permitted over winter and summer intersessions unless specified in the application process for those requesting and approved to stay during that period.
Retaliation means any adverse action taken against an individual for making a good faith report of a violation of policy or participating in any investigation or proceeding as a part of the student conduct process. Retaliation includes threatening, intimidating, harassing or any other conduct that would discourage a reasonable person from engaging in activity protected by the Hampshire College Student Handbook. Retaliation may be present even where there is a finding of “no responsibility” on a reported violation of policy. Retaliation does not include good faith actions lawfully pursued in a legal process outside of the formal student conduct process.
The Hampshire College Sexual Misconduct, Relationship Violence, & Stalking Policy applies to all students, employees, and third parties of Hampshire College. Hampshire College remains committed to addressing any violations of its policies, even those not meeting the narrow standards defined under the Title IX Final Rule. This policy defines certain behavior as a violation of campus policy. To the extent that alleged misconduct falls outside the Title IX Grievance Policy, or misconduct falling outside the Title IX Grievance Policy is discovered in the course of investigating covered Title IX misconduct, the institution retains authority to investigate and adjudicate the allegations under these policies and procedures.
Effective: Academic year 2020/2021
All Hampshire College (“the College”) community members have the right to personal and sexual safety, respect, integrity, and freedom of expression, as long as such expression does not cause harm to others. The College seeks to maintain a safe learning, living, and working environment. To that end, the College and this policy prohibit Sexual Misconduct, an umbrella term that encompasses a broad range of behavior including Sexual Assault, Sexual Exploitation, and Sexual or Gender-Based Harassment; Relationship Violence (also known as Dating Violence, Domestic Violence or Intimate Partner Violence); Stalking; Complicity; and Retaliation against an individual for making a good faith report of conduct prohibited under this policy (collectively, “Sexual Misconduct Violations”). These forms of Sexual Misconduct Violations are unlawful, undermine the character and purpose of the College, and will not be tolerated. These forms of Sexual Misconduct Violations are a subset of the behaviors prohibited for students under the Hampshire College Student Handbook and for employees under the Employee Policy Manual and the Faculty Handbook.
This policy has been developed to reaffirm these principles and to provide recourse for those individuals whose rights have been violated. This policy is intended to define community expectations and to establish a mechanism for responding when those expectations have been violated. Violations of this policy will be addressed by the accompanying procedures in Appendices A (Resource Guide and Procedures for Reports against Students) and B (Resource Guide and Procedures for Reports Against Employees).
Hampshire College adopts this policy with a commitment to: (1) eliminating, preventing, and addressing the effects of Sexual Misconduct Violations; (2) fostering a community of trust in which Sexual Misconduct Violations are not tolerated; (3) cultivating a climate where all individuals are well-informed and supported in reporting Sexual Misconduct Violations; (4) providing a fair and impartial process for all parties, and (5) identifying the standards by which violations of this policy will be evaluated and disciplinary action may be imposed. This policy defines Sexual Misconduct Violations; outlines available resources and reporting options available to students and employees; and references the applicable investigative and disciplinary procedures (Appendices A and B). Hampshire College will take prompt and equitable action to eliminate Sexual Misconduct Violations, prevent their recurrence and address their effects. The College also conducts prevention, awareness, and training programs for students and employees to facilitate the goals of this policy.
Hampshire College does not discriminate on the basis of race, age, sex, sexual orientation, gender, gender identity, gender expression, genetic information, religion, national origin, disability, previous military service or any other protected category in the admission of students, employment, access or treatment in its programs and activities or the administration of its educational and employment policies. Discrimination or harassment on the basis of these factors is in direct conflict with the mission of the College and strictly prohibited.
This policy is designed to comply with applicable legal requirements including Title IX of the Education Amendments of 1972 (“Title IX”); relevant provisions of the Violence Against Women Reauthorization Act of 2013 (“VAWA”); Title VII of the Civil Rights Act of 1964 (“Title VII”); the Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act (“Clery Act”); and, the laws of the Commonwealth of Massachusetts.
Other forms of discrimination, including discrimination based on race, religion, and disability, as well as any other form of sex-based discrimination not covered by this policy, are addressed by: (1) the Non-Discrimination and Anti-Harassment Policy for Employees, (2) the Faculty Handbook, and (3) the Non-Discrimination and Anti-Harassment Policy for Students. This policy supersedes any conflicting provision contained in those policies. Where Sexual Misconduct Violations violate this policy and also violate any other College policies, the College’s response will be governed by the procedures referenced in this policy and explained in its Appendices A and B, provided that this does not cause undue delay in prompt resolution of a report under this policy. For questions about which policy applies in a specific instance, please contact Hampshire College’s Title IX coordinator, Zauyah Waite at 413.559.5412.
This policy applies to Hampshire College students who are enrolled for credit- or non-credit-bearing coursework at Hampshire College (“Students”); Hampshire College employees working at Hampshire College, including all full-time and part-time faculty, staff, and administrators (including adjuncts and casuals) (“Employees”); and contractors, vendors, visitors, guests, or other third parties (“Third Parties”). This policy also applies to Five College Interchange Students (non-Hampshire students taking courses at Hampshire College through the Five College Interchange) and Five College Shared Employees who work at Hampshire College. For the purposes of this policy, reports against Five College Interchange Student Respondents will be resolved by the applicable grievance procedures of the institution where the Respondent is enrolled (the home institution). Five College Shared Employees Respondents are typically treated as Employees, although the nature of their contractual relationship with the College may vary. This policy pertains to Sexual Misconduct Violations committed by Students, Employees, and Third Parties when:
(1) the conduct occurs on Hampshire College premises or other property owned or controlled by the College;
(2) the conduct occurs in the context of a Hampshire College employment or education program or activity, regardless of location, including, but not limited to Hampshire-sponsored study abroad, research, on-line or internship programs; or
(3) the conduct occurs outside the context of a Hampshire employment or education program or activity, but has continuing adverse effects on or creates a hostile environment for Students, Employees, or Third Parties while on College premises or other property owned or controlled by the College, or in any College employment or education program or activity.
This policy applies to conduct committed by a Hampshire College Student or Employee that occurs on the premises or property of a Five Colleges Campus. In addition, the policy and procedures of the Five Colleges Campus where the conduct is reported to have occurred may also apply.
This policy applies to all Sexual Misconduct Violations occurring on or after the effective date of this policy. Where the date of the Sexual Misconduct Violation precedes the effective date of this policy, the definitions of misconduct in existence at the time of the alleged incident(s) will be used. The procedures under this policy, as set forth in Appendices A and B, however, will be used to investigate and resolve all reports made on or after the effective date of this policy, regardless of when the incident(s) occurred.
The specific procedures for reporting, investigating and resolving Sexual Misconduct Violations are based upon the nature of the Respondent’s relationship to the College (Student, Employee, or Third Party). Each set of procedures is guided by principles of fairness and respect for a Complainant and a Respondent. “Complainant” means the individual who presents as the victim1 of any Sexual Misconduct Violation under this policy, regardless of whether that person makes a report or seeks action under this policy. “Respondent” means the individual who has been accused of violating this policy.
1We recognize that many individuals may choose to self-identify as a survivor rather than a victim or Complainant. The choice of language for any individual is a personal choice and will be respected by the College. In this policy, however, the College uses the terms Complainant and Respondent to assure consistency throughout this policy and with other policies.
The procedures outlined in Appendix A [95](for reports against Hampshire College students) and Appendix B [96] (for reports against Hampshire College employees) provide for prompt and equitable response to reports of Sexual Misconduct Violations. The procedures designate specific timeframes for major stages of the process and provide for thorough and impartial investigations that afford all parties notice, an opportunity to present witnesses and evidence for consideration by the investigator, and the opportunity to view the information that will be used in determining whether a policy violation has occurred. The College applies the preponderance of the evidence standard when determining whether this policy has been violated. “Preponderance of the Evidence” means that it is more likely than not that a policy violation occurred. A Respondent has the right to be presumed not responsible until proven responsible by the preponderance of the evidence.
A. WHERE THE RESPONDENT IS A HAMPSHIRE STUDENT
The procedures for responding to reports of Sexual Misconduct Violations committed by Students are detailed in “Appendix A: Resource Guide and Procedures for Reports Against Hampshire College Students. [95]”
If the Respondent is a Hampshire Student who is reported to have committed a Sexual Misconduct Violation on another Five Colleges campus, the Respondent will be subject to the procedures set forth in Appendix A. The Respondent may also be subject to the policies and procedures of the Five Colleges Campus where the incident is reported to have occurred.
B. WHERE THE RESPONDENT IS A HAMPSHIRE EMPLOYEE
The procedures for responding to reports of Sexual Misconduct Violations committed by Employees are detailed in “Appendix B: Resource Guide and Procedures for Reports Against Hampshire College Employees. [96]”
If the Respondent is a Hampshire Employee who is reported to have committed a Sexual Misconduct Violation on another Five Colleges Campus, the Respondent will be subject to the procedures under Appendix B. The Respondent may also be subject to the policies of the Five Colleges Campus where the incident is reported to have occurred and/or the Five Colleges, Incorporated policies or procedures.
C. WHERE THE RESPONDENT IS BOTH A HAMPSHIRE STUDENT AND EMPLOYEE
Where a Respondent is both a Hampshire Student and Employee, the Student-Respondent procedures (Appendix A) will apply if (a) the Student’s primary status is an enrolled student, and (b) the Student is not enrolled as a benefit of their own employment at Hampshire College. Where there is a question as to the predominant role of the Respondent, as either a Hampshire Student or Employee, the College’s Title IX Coordinator will determine which of the procedures applies based on the facts and circumstances (such as which role predominates in the context of the Sexual Misconduct Violation). Further, where a Respondent is both a Student and an Employee, the Respondent may be subject to any of the sanctions applicable to Students or Employees.
D. WHERE THE RESPONDENT IS A FIVE COLLEGE INTERCHANGE STUDENT OR FIVE COLLEGE SHARED EMPLOYEE
Five College interchange students and shared employees who take classes or work on Hampshire’s campus are subject to the provisions of this Policy, as well as the applicable policies of their home institution.
If the Respondent is a Five College interchange student enrolled in a course at Hampshire and the conduct is reported to have occurred at Hampshire College, the grievance procedures of the Respondent’s home institution will apply. In addition, the Respondent may also be subject to further action under this policy. While the College’s disciplinary authority over a Five College interchange student may be limited, the College may remove the Five College interchange student from the course or prohibit their presence on campus (no trespass).
If the Respondent is a Five College shared employee working at Hampshire College and the conduct is reported to have occurred at Hampshire College, the procedures under Appendix B [96] will typically apply. Depending on the nature of the contractual relationship the College maintains with the Respondent, the College’s ability to impose disciplinary action may be limited. As part of the Initial Assessment, the Title IX Coordinator will determine the appropriate manner of resolution consistent with the College’s commitment to a prompt and equitable process consistent with federal and state law, which may include proceeding under Appendix B of this policy or treating the Respondent as a Third Party based on the contractual nature of the relationship between the Five Colleges shared employee and the College. For conduct occurring on another Five Colleges campus, the procedures for investigating and resolving Sexual Misconduct Violations at that campus or the Respondent's home institution (if not Hampshire College) may also apply. The home institution for a Five College shared employee is the institution responsible for processing payroll for the Employee.
A Complainant may report Sexual Misconduct Violations by a Five College interchange student or Five College shared employee to Hampshire’s Title IX Coordinator. In response to a report against a Five College interchange student or shared employee for such conduct that reportedly occurred at Hampshire, the Title IX Coordinator will:
While the College does not have the authority to enforce remedial or protective measures or sanctions on another campus, the College will take prompt and effective action to protect the Hampshire community from Sexual Misconduct Violations, remedy their effects, and prevent their recurrence, which may include limiting or prohibiting a Respondent’s access to the College’s living, learning or working environments.
Information about the Title IX processes and Title IX Coordinators at the other Five College consortium institutions can be found at the following websites:
E. WHERE THE RESPONDENT IS A THIRD PARTY
The College’s ability to take appropriate corrective action against a Third Party will be determined by the nature of the relationship of the Third Party to the College. Based on the role of the Third Party, the College may have limited authority to discipline the Respondent. However, the College will take appropriate steps to investigate and respond to the conduct consistent with the authority granted by the College’s jurisdiction over the Respondent.
In all cases, the Title IX Coordinator will determine the appropriate manner of resolution consistent with the College’s commitment to a prompt and equitable process consistent with federal and state law and this policy. The College will ensure that any process used to respond to a report of misconduct against a Third Party will take appropriate steps to eliminate the conduct, prevent its recurrence, and remedy its effects.
A Student or Employee determined by Hampshire College to have committed a violation of this policy is subject to disciplinary action, up to and including separation from Hampshire College. Five College interchange students and employees and third parties who violate this policy may have their relationship with the College terminated and/or their privilege of being on College premises withdrawn.
Hampshire College is committed to protecting the privacy of the parties involved in a report under this policy, and will respect the wishes of the Complainant to the extent possible without impeding its investigation and/or its ability to end harassment and eliminate a hostile environment. The College is also committed to providing assistance to help Complainants make informed choices. All parties have the right to decline to participate in the College’s investigation and hearing processes at any time, with the understanding that the College will only be able to take action on the information available through the exercise of reasonable care. It is expected that any materials and information prepared or obtained under the investigation process will be shared with those parties who have a legitimate need to know consistent with law and policy. Disclosure of such information may also be made necessary if permissible by law and the Title IX Coordinator determines in their judgment that disclosure is necessary for the safety and well-being of the Hampshire College community.
A. DISTINCTION BETWEEN PRIVACY AND CONFIDENTIALITY
Privacy and confidentiality have distinct meanings under this policy.
Privacy: Privacy generally means that information related to a report of misconduct will be shared with a limited circle of individuals who “need to know” in order to assist in the active review, investigation, resolution of the report, and related issues. All Hampshire College employees who are involved in Hampshire’s Title IX response receive specific training and guidance about safeguarding private information in accordance with applicable laws.
The privacy of Student education records will be protected in accordance with the Family Educational Rights and Privacy Act (FERPA). The privacy of an individual’s medical and related records generally are protected in the United States by the Health Insurance Portability and Accountability Act (HIPAA), excepting health records protected by FERPA.
Confidentiality: Confidentiality exists in the context of laws that protect certain relationships, including with medical and clinical care providers (and those who provide administrative services related to the provision of medical and clinical care), mental health providers, counselors, and ordained clergy, all of whom may engage in confidential communications under Massachusetts law. The college has designated individuals who have the ability to have privileged communications as “Confidential Employees.” When information is shared by an individual with a Confidential Employee or a community professional with the same legal protections, the Confidential Employee cannot reveal the information to any third party except when an applicable law or a court order requires or permits disclosure of such information. For example, information may be disclosed when: (i) the individual gives written consent for its disclosure; (ii) there is an imminent threat of the individual causing serious harm to self or others; (iii) the information concerns conduct involving suspected abuse or neglect of a minor under the age of 18 [101], which must be reported to the Massachusetts Department of Children and Families’ Child Protection Hotline at 1-800-792-5200 or (iv) as otherwise required or permitted by law or court order, including reporting felony crimes to State Police.
B. EMPLOYEE RESPONSIBILITY TO REPORT DISCLOSURES OF INFORMATION ABOUT SEXUAL MISCONDUCT VIOLATIONS
It is important to understand the different responsibilities of Hampshire College Employees. Every Hampshire College Employee is designated as a “Responsible Employee”, a “Confidential Employee” or a “Private Employee.”
A “Responsible Employee” is any Employee who is not a Confidential or Private Employee. A Responsible Employee is required to immediately report to the College’s Title IX Coordinator all relevant details (obtained directly or indirectly) about Sexual Misconduct Violations that involve a College Student or Employee as a Complainant or Respondent, including dates, times, locations, and names of parties and witnesses. Responsible Employees include Resident Advisors, Teaching Assistants, EMTs, and all other student-employees when disclosures are made to any of them in their capacities as employees. If a Complainant requests (a) that personally-identifying information not be shared with the Respondent, (b) that no investigation be pursued, and/or (c) that no disciplinary action be taken, the College will seek to honor this request unless there is a health or safety risk to the Complainant or to any member of the College community. Section VII.A. of the Policy provides additional information about remedial and protective measures.
Responsible Employees are not required to report information disclosed (1) at public awareness events (e.g., “survivor speak-outs”, candlelight vigils, protests, or other public forums in which students may disclose Sexual Misconduct Violations; collectively “Public Awareness Events”; or (2) during an individual’s participation as a subject in an Institutional Review Board-approved human subjects research protocol (“IRB Research”). The College may provide information about Title IX rights and about available College and community resources and support at Public Awareness Events, however, and Institutional Review Boards may, in appropriate cases, require researchers to provide such information to all subjects of IRB research.
A “Confidential Employee” is (1) any Employee who is a licensed medical, clinical, or mental-health professional (e.g. physicians, nurses, physician’s assistants, psychologists, psychiatrists, professional counselors and social workers, and those performing services under their supervision), when acting in that professional role in the provision of services of a patient who is a Student; and (2) any Employee providing administrative, operational and/or related support for such health care providers in their performance of such services. A Confidential Employee will not disclose information about Sexual Misconduct Violations to the College’s Title IX Coordinator without the individual’s permission (subject to the exceptions set forth in the Confidentiality section of this policy).
Private Employees: Are a small subsection of Responsible Employees who have the ability to receive reports and share information with the Title IX Coordinator in a manner that preserves the anonymity of the Complainant. In order to foster increased reporting, Hampshire has designated these individuals as reporting options. In turn, these resources are permitted to share the report with the Title IX Coordinator in a manner that initially excludes personally identifiable information about the Complainant or witness. In the event that the resource and/or the Title IX Coordinator determine that the reported conduct poses a potential threat to the health or safety of any campus community member, the resource may be required to share personally identifiable information. This manner of reporting may help inform the Title IX Coordinator of the general extent and nature of sexual violence on and off campus so the Coordinator can track patterns, evaluate the scope of the problem, and formulate appropriate campus-wide responses. Without the sharing of personally-identifiable information, however, the Title IX Coordinator’s ability to respond may be limited. In addition, unlike Confidential Employees, who have statutorily-protected legal confidentiality, records maintained by these resources may be subject to release by court order, search warrant or subpoena.
Clery Act Reporting: Pursuant to the Clery Act, Hampshire College includes statistics about certain offenses in its daily crime log and annual security report and provides those statistics to the United States Department of Education, but does so in a manner that does not include any identifying information about persons involved in an incident. The College will also assess a report of misconduct for the need to issue a timely warning under the Clery Act. If a report of misconduct discloses a serious and continuing threat to the campus community, where timely notice must be given to protect the health or safety of the community, the College is required to issue a timely notification to the community under the Clery Act. The timely warning will not provide any identifying information about the Complainant.
The College offers a wide range of resources to provide students and employees with support and guidance in response to Sexual Misconduct Violations. For comprehensive information on accessing College and community resources, including emergency and on-going assistance; health, mental health, and victim-advocacy services, options for reporting Sexual Misconduct Violations to the College and/or law enforcement; and available support with academics, housing, and employment, please refer to Appendix A [95] or Appendix B [96], both of which include resources for Students and Employees. A complainant may also speak with the Title IX coordinator for specific assistance in identifying reporting options and resources at the complainant’s home institution. In addition, third parties should contact the Title IX coordinator to discuss available College and/or community resources and reasonably available assistance.
A. REMEDIAL AND PROTECTIVE MEASURES
The College will take and/or make available reasonable and appropriate measures to provide support and guidance throughout the initiation, investigation, and resolution of a reported sexual misconduct violation. The College will offer reasonable and appropriate measures to protect a complainant and facilitate the complainant’s continued access to College employment or education programs and activities. These measures may be both remedial (designed to address a complainant’s safety and well-being and continued access to educational opportunities) or protective (involving action against a respondent). Remedial measures are available regardless of whether a complainant pursues a complaint or investigation under this policy. Hampshire College will maintain the privacy of any remedial or protective measures provided under this policy to the extent practicable and will promptly address any violation of the protective measures. The Title IX coordinator has the discretion to impose and/or modify any interim measure based on all available information, and is available to meet with a complainant or respondent to address any concerns about the provision of interim measures.
The College will assist Five College complainants to the extent reasonably practicable and will coordinate efforts with the Title IX coordinator at the complainant’s home institution to assure resources and support are provided to the complainant. For example, the College can accompany the complainant to a meeting with the Title IX coordinator at another Five Colleges campus or to a court hearing, and can offer resources, support, and remedial or protective measures available on Hampshire College’s campus. The College does not have the authority or ability to enforce remedial and protective measures or sanctions on other campuses.
For information, support, assistance, and the arrangement of a broad range of remedial and protective measures, contact the Title IX coordinator or deputy Title IX coordinators. Students may also contact the the dean of students (“DOS”) office in the Merrill student life center, second floor 413.559.5412, and employees may also contact the office of human resources in Blair Hall 413.559.5411. The Title IX coordinator, deputy Title IX coordinators, and DOS employees have received training for this purpose and will assist students or employees in determining whether certain forms of support, remedial and/or protective measures may be beneficial and appropriate. DOS office and human resources employees are responsible employees and are therefore required to report information disclosed to them about sexual misconduct violations to the College’s Title IX coordinator.
The availability of remedial and protective measures will be determined by the specific circumstances of each case. The College will consider a number of factors in determining which measures to take, including the needs of the student or employee seeking remedial and/or protective measures; the severity or pervasiveness of the alleged sexual misconduct violation; any continuing effects on the complainant; whether the complainant and the respondent share the same residence hall, academic course(s), job location(s); whether the complainant and/or the respondent are Five College interchange students or shared employees; and whether other judicial measures have been taken to protect the complainant (e.g., protective orders). When implementing such measures, the College will seek to minimize the burden on the complainant. For example, if the complainant and the respondent share the same class or residence hall, the College will not, as a matter of course, remove the complainant from the class or residence hall while allowing the respondent to remain, without carefully considering all options and circumstances.
Remedial and protective measures may be temporary or permanent and may be modified by the College as circumstances change. Examples of such measures include:
In some cases, a student may choose to seek a leave of absence or a reduced course load; these actions may, in turn, impact a student’s immigration, visa and/or financial aid status. In such cases, the Title IX coordinator, deputy Title IX coordinators, or DOS staff will connect students with the applicable College department or unit so that they may obtain relevant information and assistance. If informed of a report, the Title IX coordinator or deputy Title IX coordinators will ensure students receive written notification of all their rights and options, regardless of whether a student chooses to report a sexual misconduct violation to the College or to the police.
In some cases, an employee may choose to seek leave to make arrangements or meet other legal obligations. The College will endeavor to approve reasonable leave for employees who have experienced a sexual misconduct violation to seek assistance or make arrangements related to the incident. Employees should direct any such requests for leave to their supervisor or, in the case of faculty, to their school dean. Employees and/or supervisors and deans should direct any questions or concerns related to such requests to human resources.
The College will provide reasonable remedial and protective measures to third parties as appropriate and available, taking into account the role of the third party and the nature of any contractual relationship with the College.
B. CONFIDENTIAL RESOURCES
Consistent with the definition of confidentiality and designation of confidential employees, there are a number of resources within the College and local community where students and employees can obtain confidential, trauma-informed counseling and support:
Students may contact Hampshire College Health and Counseling Services 413.559.5458, Cooley Dickinson Hospital 413.582.2000, the Center for Women and Community at the University of Massachusetts 888.337.0800, and Hampshire College Spiritual Life Professional Staff 413. 559.5282. For a complete list of Hampshire College and community-based confidential resources for students, see Appendix A [104].
Employees may contact Cooley Dickinson Hospital 413.582.2000, the Center for Women and Community at University of Massachusetts 888.337.0800, or the Employee Assistance Program (EAP) offered through E4Health 800.828.6025. For a complete list of Hampshire College and community-based confidential resources for employees, see Appendix B [105].
C. REPORTING
There are multiple channels for reporting sexual misconduct violations or potential criminal conduct. A complainant may choose to report to the College, to law enforcement, to both, or to neither. Complainants may simultaneously pursue criminal and College disciplinary action.
Reporting to the College
Anyone who becomes aware of a Sexual Misconduct Violation should immediately report the incident by contacting one of the following Reporting Options:
There is no time limit on reporting violations of this policy, although the College’s ability to respond may diminish over time, as evidence may erode, memories fade, and respondents may no longer be affiliated with the College. If the respondent is no longer a student or employee, the College will provide reasonably appropriate remedial measures, assist the complainant in identifying external reporting options, and take reasonable steps to eliminate sexual misconduct violations, prevent their recurrence, and remedy their effects.
In order to foster increased reporting of sexual misconduct violations, the College will not pursue disciplinary action against complainants or witnesses for personal consumption of alcohol or other drugs in violation of College policy where this information is disclosed in connection with a good faith report or investigation of a sexual misconduct violation and it does not otherwise threaten the health or safety of any individual.
Obligation to Provide Truthful Information: All College community members are expected to provide truthful information in any report or proceeding under this policy. Submitting a false report or providing false or misleading information in bad faith or with a view to personal gain is prohibited and subject to disciplinary sanction. This provision does not apply to reports made or information provided in good faith, even if the facts alleged in the report are determined not to be accurate.
Reporting to Law Enforcement
A complainant has the right to notify or decline to notify law enforcement. A complainant who wishes to pursue criminal action in addition to, or instead of, making a report to the College is strongly encouraged to immediately contact law enforcement directly:
Police have unique legal authority, including the power to seek and execute search warrants, collect forensic evidence, make arrests, and assist in seeking civil protective orders. The College will offer support and transportation to any Complainant seeking assistance in notifying law enforcement. Under limited circumstances posing a threat to health or safety of any College community member, the College may independently notify law enforcement.
Consent is:
Consent cannot be obtained by Force. Force includes 1. the use of physical violence, 2. threats, 3. intimidation, and/or 4. coercion.
Consent cannot be gained by taking advantage of the incapacitation of another, where the person initiating sexual activity knew or reasonably should have known that the other was incapacitated. Incapacitation means that a person lacks the ability to make informed, rational judgments about whether or not to engage in sexual activity.
A person who is incapacitated is unable, temporarily or permanently, to give Consent because of mental or physical helplessness, sleep, unconsciousness, or lack of awareness that sexual activity is taking place. Mentally helpless means a person is incapable of appraising or controlling one’s own conduct. Physically helpless means a person is physically unable to communicate willingness or unwillingness to an act. A person may be incapacitated as a result of the consumption of alcohol or other drugs, even where voluntary, or due to a temporary or permanent physical or mental health condition.
The College offers the following guidance on Consent and assessing Incapacitation:
A person who wants to engage in a specific sexual activity is responsible for obtaining Consent for that activity. Lack of protest, lack of resistance, and silence and/or passivity do not constitute Consent. Relying solely on non-verbal communication before or during sexual activity can lead to misunderstanding and may result in a violation of this policy. It is important to not make assumptions about whether a potential partner is consenting. In order to avoid confusion or ambiguity, participants are encouraged to talk with one another before engaging in sexual activity. If confusion or ambiguity arises during sexual activity, participants should stop and clarify a mutual willingness to continue that activity.
Consent to one form of sexual activity does not, by itself, constitute Consent to another form of sexual activity. In addition, Consent to sexual activity on a prior occasion does not, by itself, constitute Consent to future sexual activity. In cases of prior or ongoing relationships, the manner and nature of prior communications between the parties and the context of the relationship may have a bearing on evaluating the presence of Consent, but any sexual activity must still be mutually agreed-upon.
Consent may be withdrawn at any time. An individual who seeks to withdraw Consent should communicate, through clear words or actions, a decision to cease the sexual activity. Once Consent is withdrawn, the sexual activity must cease immediately.
In evaluating Consent in cases of alleged incapacitation, the Colleges asks two questions:
If the answer to either of these questions is “YES,” Consent was absent and the conduct is likely a violation of this policy.
Incapacitation is an extreme form of intoxication. Incapacitation can also be caused by certain medical conditions. A person is not necessarily incapacitated merely as a result of ingesting alcohol or other drugs. The impact of alcohol and other drugs varies from person to person; each individual may have a different level of tolerance or metabolism. One is not expected to be a medical expert in assessing incapacitation. Instead, one must look for the common and obvious warning signs that show that a person may be incapacitated or approaching incapacitation. A person’s level of intoxication can change rapidly, and a person can reach incapacitation within a short time span. Although every individual may manifest signs of incapacitation differently, typical signs include slurred or incomprehensible speech, unsteady gait, combativeness, emotional volatility, vomiting, or incontinence. A person who is incapacitated may not be able to understand some or all of the following questions: “Do you know where you are?” “Do you know how you got here?” “Do you know what is happening?” “Do you know whom you are with?”
The introduction of alcohol or other drugs may create ambiguity for all involved as to whether Consent has been sought or given. If one has doubt about either party’s level of intoxication, the safe thing to do is to forego all sexual activity.
Being impaired by alcohol or other drugs is not a defense to any violation of this policy.
Conduct under this policy is prohibited regardless of the sexual orientation, gender, gender identity, or gender expression of the Complainant or Respondent. Sexual Misconduct Violations include the following specifically defined forms of behavior: Sexual Assault, Sexual Exploitation, Relationship Violence, Stalking, Sexual or Gender-Based Harassment, Complicity, and Retaliation.2
2 These forms of Sexual Misconduct Violations are a subset of the behaviors prohibited for students under the Norms for Community Living in the Student Handbook.
A. Sexual Assault 3
3 The College uses the term Sexual Assault to refer to a broad range of behavior. These behaviors may also meet the criteria for statutorily-defined terms in the penal code, including rape.
Sexual assault consists of 1. Sexual Contact and/or, 2. Sexual Intercourse that occurs without, 3. Consent.
1. Sexual contact is:
Sexual Contact includes (a) intentional touching of the breasts, buttocks, groin or genitals, whether clothed or unclothed, or intentionally touching another with any of these body parts; and (b) making another touch you or themselves with or on any of these body parts.
2. Sexual intercourse is:
Sexual Intercourse includes (a) vaginal penetration by a penis, object, tongue, or finger; (b) anal penetration by a penis, object, tongue, or finger; and (c) any contact, no matter how slight, between the mouth of one person and the genitalia of another person.
3. Consent is:
Please see section VIII for the complete definition of Consent [108].
B. Sexual Exploitation
Sexual Exploitation is purposely or knowingly doing any of the following:
C. Relationship Violence 4
4 Relationship Violence includes “dating violence” and “domestic violence” as defined by VAWA.
Relationship Violence, also referred to as Dating Violence, Domestic Violence or Intimate Partner Violence, includes any act of violence or threatened act of violence against a person who is, or has been involved in, a sexual, dating, domestic or other intimate relationship with that person. The College will evaluate the existence of an intimate relationship based upon the Complainant’s statement and taking into consideration the length of the relationship, the type of relationship, and the frequency of interaction between the persons involved in the relationship.
Relationship Violence can encompass a broad range of behavior, including, but not limited to, physical or sexual violence or emotional/psychological abuse and economic abuse in the form of threats, assault, property damage or other violence. Relationship Violence affects individuals of all genders, gender identities, gender expressions, and sexual orientation and does not discriminate by racial, social, or economic background. Relationship Violence may include any form of Sexual Misconduct Violation under this policy.
Physical violence is the intentional use of physical force with the potential for causing death, disability, injury, or harm. Physical violence includes, but is not limited to, scratching; pushing; shoving; throwing; grabbing; biting; choking; shaking; aggressive hair pulling; slapping; punching; hitting; burning; use of a weapon; and use of restraints or one’s body, size or strength against another person. Physical violence also includes coercing other people to commit any of the above acts.
Emotional/Psychological abuse involves a persistent pattern or prolonged climate of dominating or controlling behavior, often involving the use of verbal and non-verbal communication with the intent to harm another person mentally or emotionally, and/or to exert control over another person. Emotional/Psychological abuse can include expressive aggression (e.g., name-calling, humiliating); coercive control (e.g., limiting access to transportation, money, friends, and family; excessive monitoring of whereabouts); threats of physical or sexual violence, control of reproductive or sexual health (e.g., refusal to use birth control; coerced pregnancy termination); exploitation of perpetrator’s vulnerability; and presenting false information with intent of making them doubt their own memory or perception (e.g., mind games).
D. Stalking
Stalking occurs when a person engages in a course of conduct directed at a specific person under circumstances that would cause a reasonable person to fear bodily injury or experience substantial emotional distress.
Course of conduct means two or more acts including but not limited to unwelcome acts in which the stalker directly, indirectly, or through third parties, by any action, method, device, or means, follows, monitors, observes, surveils, threatens, or communicates to or about a person, or interferes with a person’s property. Substantial emotional distress means significant mental suffering or anguish.
Stalking includes “cyber-stalking,” a particular form of stalking in which a person uses electronic media such as the internet, social networks, blogs, cell phones, texts, or other similar devices or forms of contact.
Examples include but are not limited to:
E. Sexual or Gender-Based Harassment
Sexual Harassment is any unwelcome sexual advance, request for sexual favors, or other unwanted conduct of a sexual nature, whether verbal, non-verbal, graphic, physical, or otherwise, when one or more of the following conditions outlined in (1) and/or (2), below, are present.
Gender-Based Harassment includes harassment based on gender, sexual orientation, gender identity, or gender expression, which may include acts of aggression, intimidation, or hostility, whether verbal or non-verbal, graphic, physical, or otherwise, even if the acts do not involve conduct of a sexual nature, when the conditions outlined in (1) and/or (2), below, are present.
(1) Submission to or rejection of such conduct is either an explicit or implicit term or condition of an individual’s employment, academic standing, evaluation of academic work or advancement in an academic program, or is used as the basis for College decisions affecting the individual (often referred to as “quid pro quo” or “this for that” harassment);
(2) Such conduct creates a hostile environment. A “hostile environment” exists when the conduct has the purpose or effect of unreasonably interfering with an individual’s learning, working, or living environment, or limiting or depriving an individual of the ability to participate in or benefit from the College’s educational program and/or activities. Conduct must be deemed severe, pervasive, or persistent as to create an intimidating, threatening, abusive, hostile, humiliating or sexually offensive learning, working, or living environment under both an objective (a reasonable person’s view) and subjective (the Complainant’s view) standard.
In evaluating whether a hostile environment exists, the College will consider the totality of the known circumstances, including, but not limited to:
5 In making this evaluation, the College should carefully consider its obligation to protect and uphold academic freedom and freedom of speech. Title IX does not reach curriculum or in any way prohibit or abridge the use of particular textbooks or curricular materials. See 28 C.F.R. § 54.455; 34 C.F.R. § 106.42. Furthermore, OCR’s 2001 Guidance stated, “Title IX is intended to protect students from sex discrimination, not to regulate content of speech… [T]he offensiveness of a particular expression as perceived by some students, standing alone, is not a legally sufficient basis to establish a sexually hostile environment under Title IX.” Department of Education, Office for Civil Rights, Revised Sexual Harassment Guidance (2001) at 22. See also OCR Dear Colleague Letter on the First Amendment, July 28, 2003 (explaining that “OCR’s regulations should not be interpreted in ways that would lead to the suppression of protected speech on public or private campuses.”).
In addition, conduct does not have to be directed at a particular person to constitute Sexual or Gender-based Harassment.
Examples of conduct that may constitute Sexual or Gender-Based Harassment include but are not limited to:
Bullying is the repeated use by one or more people of a written, verbal or electronic expression or a physical act or gesture or any combination thereof, directed at a another person that: (i) causes physical or emotional harm to the victim or damage to the victim’s property; (ii) places the victim in reasonable fear of harm to self or of damage to personal property; (iii) creates a hostile environment at the College for the victim; (iv) infringes on the rights of the victim at the College; or (v) materially and substantially disrupts the education process or the orderly operation of the College.
Hazing is any conduct, including methods of initiation into student organizations, which willfully or recklessly endangers the physical or mental health of any person. Such conduct shall include whipping, beating, branding, forced calisthenics, exposure to the weather, forced consumption of any food, liquor, beverage, drug or other substance, or any other brutal treatment or forced physical activity which is likely to adversely affect the physical health or safety of any person, or which subjects the person to extreme mental stress, including extended deprivation of sleep or rest or extended isolation.
F. Complicity
Complicity is any act taken with the purpose of aiding, facilitating, promoting or encouraging the commission of a Sexual Misconduct Violation by another person.
G. Retaliation
It is a violation of College policy to retaliate in any way against an individual or a group because the individual or group made a good faith report concerning a violation of this Policy, was the subject of a report, or otherwise participated in the College’s investigation of such a report. Retaliation includes threatening, intimidating, harassing or any other conduct that would discourage a reasonable person from engaging in activity protected under this policy. Any individual who believes they have been the subject of relation should immediately report their concerns to the Title IX Coordinator. The College will take immediate and appropriate action to any report of retaliation and may pursue disciplinary action as appropriate. Retaliation may be present even where there is a finding of “no responsibility” on the allegations of a Sexual Misconduct Violation. Retaliation does not include good faith actions lawfully pursued in response to a report of a Sexual Misconduct Violation.
Behavior that violates this policy also may violate the laws of the local jurisdiction in which the incident occurred and subject a Respondent to criminal prosecution by the presiding authority.
Massachusetts General Laws describe prohibited Sex Offenses in chapters 265 and 272, and prohibited Stalking Offenses in Ch. 265 § 43 and Ch. 269 § 14A. Students and Employees studying, working, or engaging in other activities at locations outside of Massachusetts are governed by the applicable laws regarding sexual assault and other criminal offenses implicated by this policy. Behavior that violates this policy also may subject a Respondent to civil liability.
A. Prohibited Sexual or Romantic Relationships between Students and College or Third Parties Employees
B. Relationships Between Employees
In cases where a consensual sexual or romantic relationship exists between Employees who hold unequal positions of authority, it is important that the person in the position of greater authority does not exercise any supervisory or evaluative function over the other person in the relationship. Accordingly, if this dynamic exists, the Employees in the relationship shall notify Human Resources to evaluate the situation and ensure that alternate supervisory or evaluative arrangements are put in place. The College will protect Employee privacy but reserves the right to share information with individuals who may have a need to know about the relationship in order to make alternative supervisory arrangements in compliance with this policy.
All Hampshire College (“the College”) community members have the right to personal and sexual safety, respect, integrity, and freedom of expression, as long as such expression does not cause harm or infringe upon the rights of others. The College seeks to maintain a safe learning, living, and working environment. We want to assure that we are treating our entire community with respect. That includes listening and responding to community members who raise concerns about past sexual misconduct connected with the College even if we are limited in our ability to take direct action based on the passage of time or a lack of current authority over the individuals involved.
The College will document concerns and proceed according to the policy outlined below when it receives complaints from alumni or former employees (Complainant) related to incidents that happened while they were at the College, regardless of the length of time since the incident or whether the person whose actions are being reviewed (Respondent) is still affiliated with the College. Any College employee who receives such a complaint is required to immediately report to the College’s Title IX Coordinator all relevant details (obtained directly or indirectly) about Sexual Misconduct Violations that involve a College Student or Employee as a Complainant or Respondent, including dates, times, locations, and names of parties and witnesses, if any. The Title IX Coordinator will respond consistent with the following provisions.
The College will first consult with the Complainant to gather information about the reported conduct and ascertain what, if anything, the Complainant seeks in terms of a resolution. The College will also evaluate the status of the Respondent, if known, to determine whether the Respondent has any current affiliation with the College (e.g., current Employee, alumni, etc.), and if so, the nature of the College’s disciplinary authority over the Respondent, if any. The College will attempt to identify the policy relevant to the behavior that may have been in place at the time of the complaint. In addition, and especially in cases where the policy at the time of the complaint cannot be determined, the College will review the behavior in light of the Sexual Misconduct, Relationship Violence, and Stalking policy currently in effect. Consistent with the procedures set forth in that policy, the College will consider the Complainant’s stated wishes, the current status of the Respondent, and the goals of the policy to eliminate, prevent, and address the effects of Sexual Misconduct Violations, in evaluating how to proceed.
In some instances, the College may be able to move forward with an investigation and seek disciplinary action against a Respondent consistent with the procedures in the current policy. In other instances, where the College does not have disciplinary authority against a Respondent, the College will work with the Complainant to identify reasonably available and appropriate supports and external reporting options (such as local law enforcement or other relevant authorities). It is important to understand that the College’s ability to respond and take action may diminish over time, as memories may have faded or evidence may no longer be available. Nonetheless, in all instances, the College will seek to determine if there are alternative actions, consistent with a Complainant’s request, which may be necessary or appropriate to eliminate, prevent, address, or redress any continuing conduct or remedy past harms.
The Title IX Coordinator will inform the President and other designated administrators of any such complaints. The Title IX Coordinator and designated administrators will review the details of the complaint, the Complainant’s requested resolution, pertinent policies, and any additional facts obtained through a review process. Title IX Coordinator and designated administrators will provide the President with recommendations as to appropriate next steps. The President should then make a decision that takes into consideration each of the factors noted above.
The College is committed to the prevention of Sexual Misconduct, Relationship Violence, and Stalking through education and awareness programs. Incoming students and new employees receive primary education and prevention training as part of their orientation, and returning employees and students receive ongoing training and related programs.
The College has designated the Title IX coordinator and deputy Title IX coordinators with oversight of providing education, prevention and training programs as required by Title IX, Clery and VAWA, which is primarily conducted out of our Prevention & Education Office. The Prevention & Education Office supports the Hampshire community in addressing these educational needs through awareness building activities across campus and through a variety of educational opportunities to engage in dialogue and learning about sexual harm.
Resources and referrals are available within the office of Prevention & Education. This includes non-clinical confidential support for Title IX related areas; which can be accessed by reaching out to Jenny Kurtz at jmkSA@hampshire.edu [109].
The Hampshire College's campus safety and wellbeing [14] office is another resource that offers safety information including: locations of call boxes and 911 telephones, transportation services, programs and workshops offered by campus safety & wellbeing staff on sexual assault prevention, and general safety tips.
Examples of prevention and education programs for students include:
The College is committed to maintaining an education and employment environment free from harassment and discrimination and offers regular and ongoing education and awareness programs through the Prevention & Education Office. For more information, reach out to Jenny Kurtz at jmkSA@hampshire.edu [109].
Employee training on responsible reporting for sexual assault, relationship violence, and harassment, and College policies and procedures, is provided to new employees as part of their orientation and it is expected that continuing employees receive this training once a year. For more information on employee training, contact Jenny Kurtz, Director of Prevention & Education at jmkSA@hampshire.edu [109].
Non-Discrimination and Anti-Harassment Policy and Complaint Procedures for Students [110] located in the Student Handbook.
Non-Discrimination and Anti-Harassment Policy and Complaint Procedures for Employees [111] located in the Employee Policy Manual.
Faculty Handbook. [112]
Student Code of Conduct, Norms, and Policies. [113]
Hampshire College (the “College”) is committed to maintaining a safe and non-discriminatory learning, living, and working environment for all members of the College community. The College prohibits Sexual Assault, Relationship Violence, Stalking, Sexual or Gender-Based Harassment, Complicity, and Retaliation (“Sexual Misconduct Violations”), as set forth in the Sexual Misconduct, Relationship Violence, and Stalking Policy (the “Policy”). This Appendix provides resources for counseling, support, and reporting (“Resources”) and sets forth the College’s procedures for reporting, investigating, and resolving violations of the Policy where an incident involving a student as a respondent is reported to Hampshire College (“Procedures”). These Resources and Procedures should be read in the context of the Policy and capitalized terms used in this document are defined in the Policy.
A. Emergency Medical, Law Enforcement, and Crisis-Response Resources
Each of these facilities has access to Sexual Assault Nurse Examiners (also known as “SANE Nurse”). SANE Nurses can assess injuries related to physical trauma; evaluate for sexually-transmitted infections and possible pregnancy; provide medical care (including medications to prevent infections and pregnancy); and can, within the first 72 hours after a sexual assault, administer a “forensic sexual assault examination.” During the forensic exam, the SANE Nurse documents and collects evidence of sexual contact and/or physical trauma (including injuries to the body and genitals), trace evidence, biological fluids, and identifiable DNA. When there is reason to believe that an assault may have been facilitated by the use of drugs or alcohol, the forensic exam may also include the collection of urine and blood samples for toxicology testing. A patient who requests a SANE exam is not required to report the incident to law enforcement or the College in order to receive medical attention or a forensic exam. Patients may have a support person of their choosing present throughout the forensic exam. Students may access follow-up care at Hampshire College Health Services, or through any appropriate health care provider outside of the College. Employees may access follow-up care through any appropriate health care provider of their choice.
B. Legal Resources
There are several resources that may help Students and Employees explore and understand their legal rights and options – both criminal and civil – following a Sexual Misconduct Violation.
The Northwestern District Attorney’s Office Domestic Violence and Sexual Assault Unit works closely with police departments, courts and social service agencies to address the serious problem of domestic violence and sexual assault through prosecution of the offenders and the development of strategies for prevention and intervention for the victims. If you are the victim of abuse and you notify the District Attorney’s office, they may file charges against the Respondent. You will be assigned a victim witness advocate to keep you informed of court proceedings. You have the right to be notified of the proceedings and to submit a victim impact statement to the court at sentencing.
Complainants and Respondents may consult with an attorney or use one as a supporter during the College Resolution process. The College does not provide or arrange for attorneys.
C. Interim Administrative Actions, Remedial and Protective Measures
The Title IX coordinator and deputy Title IX coordinators and the dean of students office staff can provide students with information, support, and assistance and can arrange for a broad range of remedial and protective measures. As outlined in the Policy, interim administrative actions [121], remedial and protective measures, which may be temporary or permanent, may include no contact directives, residence modifications, academic arrangements and support, work schedule or work location modifications, and other reasonable and appropriate measures. Complainants are entitled to receive information, assistance, and a broad range of support and remedial measures regardless of whether they choose to pursue criminal and/or College disciplinary resolution of a sexual misconduct violation. For more information about such measures, please see the Remedial and Protective Measures section of the Sexual Misconduct, Relationship Violence, and Stalking Policy or contact the College’s Title IX coordinator.
The College encourages anyone who experiences or becomes aware of a sexual misconduct violation to make an immediate report. There are multiple channels for reporting sexual misconduct violations. A complainant may choose to report a sexual misconduct violation to the College for resolution under these procedures, to law enforcement for potential criminal prosecution, to both, or to neither. Complainants may simultaneously pursue criminal and College disciplinary action. The College will support complainants in understanding and assessing their reporting options.
A. Reporting to the College
Any person may report sex discrimination, including sexual harassment (whether or not the person reporting is the person alleged to be the victim of conduct that could constitute sex discrimination or sexual harassment), in person, by mail, by telephone, or by electronic mail, using the contact information listed for the Title IX coordinator, or by any other means that results in the Title IX coordinator receiving the person’s verbal or written report. Please go to the Interim Title IX Grievanc Policy, Reporting Sexual Harassment page [122] for details.
B. Reporting to the Police
A complainant has the right to notify police or decline to notify police. Anyone may contact the police directly (see Section II.A.2., above). Alternatively, College community members may seek assistance in notifying police from the dean of students. The dean of students office can assist in setting up an initial meeting with police and can accompany students to that meeting. Filing a police report does not obligate an individual to participate in any subsequent criminal proceedings. A complainant who wishes to pursue criminal action in addition to, or instead of, making a report under these procedures should contact law enforcement directly:
C. Preservation of Evidence
The College recognizes that making the decision to report a sexual misconduct violation often takes time. Nevertheless, pending the decision to report, a complainant is strongly encouraged to take immediate steps to preserve all evidence that might support a future report of a sexual misconduct violation, a protective order, or an investigation by the police, by the College, or both. Such evidence may include:
Electronic and photographic evidence may be lost through the upgrade or replacement of equipment (including smartphones), software and/or accounts or may simply be lost to the passage of time or damage to devices.
D. Seeking a Protective Order
Where a sexual misconduct violation is reported to the police, it may be possible to obtain a court-ordered Protective Order [123]. These Protective Orders [123]may be issued if the judge or magistrate believes that there is an immediate threat to health or safety.
“Protective Orders [123]” are separate and distinct from “No-Contact Directives” (described in Section VII.A. of the Policy). Protective Orders may be obtained only from a court of law and are enforceable anywhere in the United States; their violation may result in criminal charges.
In contrast, No-Contact Directives may be obtained from the Title IX coordinator and are enforceable through the College. The Title IX coordinator or deputy Title IX coordinators can explain the process for seeking a Protective Order and can escort a complainant to the appropriate office in order to initiate a petition seeking a Protective Order.
When a complainant or witness reports a sexual misconduct violation, the College will take immediate and appropriate steps to investigate or otherwise determine what happened and work to resolve the matter promptly and equitably. The first step in this process is called an initial assessment.
A. Initial Assessment
Upon receipt of a report, the Title IX coordinator or deputy Title IX coordinator will conduct an initial assessment. As part of the initial assessment, the Title IX coordinator or deputy Title IX coordinator will:
Typically, the College will seek to complete an initial assessment within five (5) business days. There may be circumstances, however, where the initial assessment takes longer based on the availability of the complainant or other necessary information, a complainant’s request to maintain privacy or not seek disciplinary action, or other factors outside of the College’s control. The College understands that a complainant may engage in delayed decision-making, which may impact the timing of the conclusion of the initial assessment.
B. Requests to Maintain Privacy, Not Seek Disciplinary Action and/or Request Not to Participate in the Investigation
Where a complainant requests that personally identifying information not be shared with the respondent, that no investigation into a particular incident be conducted and/or that no disciplinary action taken, the College will balance that request against the College’s obligation to provide a safe, non-discriminatory learning, living and working environment for all community members, including the complainant. This request may occur at any point after the report is made.
The Title IX coordinator or deputy Title IX coordinator will evaluate the complainant’s request. When considering whether to honor a complainant’s request that no personally identifying information be shared with the Respondent or that no Investigation or disciplinary action be pursued, the College will consider the totality of the circumstances, including:
Where possible based on the facts and circumstances, the College will seek action consistent with the complainant’s request to maintain privacy and/or not conduct further Investigation or disciplinary action. If the College is able to honor the request, the College’s ability to meaningfully investigate and respond to a report may be limited. The College may only be able to respond in more general ways, such as providing targeted training or prevention programs or offering reasonably available remedial measures to the complainant.
At any time, the complainant who has initially requested to maintain privacy or declined to participate in an Investigation may choose to pursue alternative or formal resolution where available. The College may also reopen and pursue a report where new or additional information becomes available.
There are times when the College may not be able to honor a complainant’s request in order to provide a safe, non-discriminatory environment for the College community. Where the balance of factors requires that further investigation be conducted, that disciplinary action be taken, or that the identity of the complainant be disclosed, the College will inform the complainant of its intent to investigate prior to commencing the investigation and/or of its intent to disclose the identity of the complainant. In such cases, the College will make reasonable efforts to protect the privacy of the complainant consistent with the needs of the Investigation and resolution of the matter, and will, to the extent possible, only share information with people responsible for handling the College’s response; however an investigation normally involves speaking with the respondent and others who may have relevant information about the incident and disclosing the identity of the complainant may be necessary in those conversations.
The College will take ongoing steps to protect the complainant from retaliation or harm and assist the complainant in accessing support and safety services regardless of their level of participation or engagement with these procedures.
Because the College is under a continuing obligation to address sexual and gender-based harassment and violence campus-wide, reports of sexual misconduct violations (including reports that do not include personally-identifiable information) will also prompt the College to consider broader remedial action, such as increased monitoring, supervision or security at locations where the reported sexual violence occurred; increasing education and prevention efforts, including to targeted population groups; conducting climate assessments/victimization surveys; and/or revisiting its policies and practices.
C. Determination after Assessment
These procedures offer two forms of resolution for reports of sexual misconduct violations: (1) formal resolution, which involves investigation, and review and sanction (if applicable) by an adjudicator as described below; and (2) alternative resolution as described below, which includes a variety of informal options for resolving reports.
After the initial assessment, the Title IX coordinator will determine whether the circumstances warrant proceeding to an investigation. The Title IX coordinator may consult with other College administrators or legal counsel. The determination as to how to proceed will be communicated to the complainant in writing. Depending on the circumstances and requested resolution, the Respondent may or may not be notified of the report or resolution. A respondent will be notified when the College takes action that would impact a Respondent, such as protective measures that restrict the respondent’s movement on campus, the initiation of an Investigation, or the decision to seek to involve the respondent in alternative resolution, investigation, or other disciplinary process. Notice to the respondent will include a written explanation of all available resources and options. The respondent will also be offered the opportunity to meet to discuss those resources and options. The College will also provide the respondent an opportunity to respond to such actions.
Following this initial assessment, during an Investigation, or at any point in the disciplinary process, Hampshire College may seek an alternative resolution that, as appropriate, endeavors to prevent future sexual misconduct violations and addresses their effects without conducting or concluding, as applicable, a formal disciplinary process against a respondent. Alternatively, if appropriate, the College may pursue an Investigation and disciplinary process.
Formal Resolution is commenced when:
A. Investigation
Whenever Formal Resolution is commenced, Investigation will proceed as follows:
B. Hearing
The Hearing and Appeal process consists of: (1) Pre-Hearing Steps; (2) a Hearing; and (3) a Determination of Violation and Sanctions.
1. Pre-Hearing Steps
2. Hearing
3. Determination of Violation and Sanctions; Notice of Outcome
At the conclusion of the hearing, the Adjudicator will determine whether there is sufficient information, by a preponderance of the evidence, to support a finding of responsibility for a violation of the Policy. After consulting with the Senior Director or their designee, the Adjudicator will (1) determine if there is a violation and (2) if so, the Adjudicator will determine the appropriate sanction(s). Prior to making their decision final the Adjudicator’s determinations of responsibility and sanctions may be reviewed by the Title IX Coordinator and/or a Deputy Coordinator to advise the Adjudicator with regard to consistency and proportionality in sanctions and sufficient action to eliminate the Sexual Misconduct Violation, prevent its recurrence and remedy its effects.
In determining the appropriate sanction(s), the Adjudicator will consider a number of factors, including:
The Adjudicator may also consider restorative outcomes that, taking into account the safety of the Hampshire College community as a whole, allow a Respondent to develop insight about their responsibility for the behavior, learn about the impact of the behavior on the Complainant and the community, and may impose a combination of sanctions.
The potential sanctions for a violation of the Policy, as set forth in the Outcomes and Sanctions set forth in Code of Conduct, could include: Deferred Sanction Statuses, Disciplinary Probation, Removal from Campus Housing, Housing Relocation, Housing Lottery Restriction, No Contact Order, Restitution, Suspension, and Expulsion. Any Student found responsible for Sexual Assault involving Sexual Intercourse will face a minimum sanction of suspension or expulsion.
Notification of Outcome: The Complainant and Respondent will be notified simultaneously in writing with an Outcome Letter (which may include email) within five (5) business days following the hearing. The Outcome Letter will set forth the violation(s) of the Policy for which the Respondent was found responsible or not responsible; the rationale for the finding; any sanction(s) imposed against the Respondent; and the rationale for any sanction(s) imposed. The Outcome Letter may also identify protective measures implemented with respect to the Respondent. The Outcome Letter will not disclose any remedial measures provided to the Complainant. In order to protect the privacy of the parties, the College will make reasonable efforts to maintain confidentiality of the Outcome Letter and materials related to the investigation, subject to release by court order, search warrant or subpoena.
C. Appeal
The Complainant or Respondent may appeal the determination by submitting a written appeal within five (5) business days of the date of the Outcome Letter to a senior administrator designated in the Outcome Letter. The designated senior administrator will have appropriate training and experience and will serve as an impartial decision-maker. The written appeal must include the specific grounds for the appeal and any information or argument in support of the appeal. Grounds for an appeal are limited to (1) a material procedural error that substantially impacted the outcome, (2) previously unavailable relevant evidence that could affect the outcome; and/or (3) the sanction being substantially disproportionate to the violation.
The senior administrator will make a determination based on the written record. Appeals are not intended to be a de novo review, i.e., they are not intended to be a review from the beginning. The senior administrator can: 1) affirm the findings, or 2) alter the findings only where there is clear error based on the stated appeal grounds. The senior administrator will make a final decision within ten (10) business days of receiving the appeal. This timeframe may be extended for good cause as necessary to ensure the integrity and completeness of the review. Any extension of the timeframe, and the reason for the extension, will be shared with the parties in writing.
D. Effect of a Pending Complaint on a Respondent
If the Respondent withdraws from Hampshire College after a report of a Sexual Misconduct Violation has been received, the College’s Appendix A Procedures will continue to apply to the extent necessary to ensure that the College has taken appropriate steps to eliminate, prevent and address any impacts of the reported conduct. The College will complete the Initial Assessment, and based on the circumstances, the College may move forward with Alternative Resolution or an Investigation and Formal Resolution, regardless of whether the Respondent chooses to participate in the process. In making the determination whether to pursue further action under these Procedures after a Respondent has withdrawn from the institution, the College will consider whether such action is necessary to eliminate, prevent or address any impacts of the reported conduct, or if those goals can be achieved through individual and community remedies or other College action.
When a Respondent withdraws after notice that a Sexual Misconduct Violation has been reported to the College, the Respondent’s transcript may reflect a withdrawal. The College may also withhold a Respondent’s Hampshire College degree and transcripts pending conclusion of the Formal Resolution procedures and pending the fulfillment of any deferred sanction statuses or disciplinary sanctions.
A Complainant may seek Alternative Resolution instead of an investigation and Formal Resolution. The Title IX Coordinator, however, has the discretion to determine whether the nature of the reported conduct is appropriate for Alternative Resolution, to determine the type of Alternative Resolution that may be appropriate in a specific case, and, pursuant to Section V of these Procedures, to refer a report for Formal Resolution at any time. Forms of Alternative Resolution that involve face-to-face meetings between the Complainant and the Respondent, such as mediation (even if voluntary), are not available in cases involving Sexual Assault.
Participation in Alternative Resolution (including any specific form of Alternative Resolution) is voluntary. The College will not compel a Complainant or Respondent to engage in Alternative Resolution, will not compel a Complainant to directly confront the Respondent, and will allow a Complainant or Respondent to withdraw from Alternative Resolution at any time. The College may decline the request for Alternative Resolution in any particular case and may stop an ongoing Alternative Resolution process at any time. Pursuing Alternative Resolution does not preclude later use of Formal Resolution if the Alternative Resolution fails to achieve a resolution acceptable to the parties and the College. Where the Complainant or the Respondent withdraws from Alternative Resolution or Alternative Resolution is otherwise terminated for any reason, any statements or disclosures made by the parties during the course of the Alternative Resolution may be considered in a subsequent investigation and Formal Resolution.
With any form of Alternative Resolution, each party has the right to choose and consult with a supporter. The supporter may be any person, including an attorney, who is not otherwise a party or witness to the reported incident(s). The parties may be accompanied by their respective supporters at any meeting or proceeding held as part of Alternative Resolution. While the supporters may provide support and advice to the parties at any meeting and/or proceeding, they may not speak on behalf of the parties, or in any manner disrupt, such meetings and/or proceedings.
Alternative Resolution may include:
Resolution with the Assistance of a Third Party: A Complainant may seek assistance in informally resolving a reported Sexual Misconduct Violation from the Title IX Coordinator, who can arrange to have a trained representative facilitate a meeting or meetings between the parties. The availability of this form of Alternative Resolution, and any resolution reached through such form of Alternative Resolution, is subject to the agreement of the Title IX Coordinator, the Complainant and the Respondent. This form of Alternative Resolution may not be used where the allegation involves Sexual Assault.
Interventions and Remedies: Alternative Resolution agreements may involve a host of interventions, remedial measures and remedies, such as actions designed to maximize the Complainant’s access to educational, extracurricular, and/or College employment activities; increased monitoring, supervision, and/or security at locations or activities where the Sexual Misconduct Violation occurred or is likely to reoccur; targeted or broad-based educational programming or training for relevant individuals or groups; academic and/or College housing modifications for Student Complainants; workplace modifications for Employee Complainants; one or more of the restorative remedies or other sanctions described in these Procedures; and/or any other remedial or protective measures that can be tailored to the involved individuals to achieve the goals of the Policy.
Any form of Alternative Resolution and any combination of interventions and remedies may be utilized. If an agreement acceptable to the College, the Complainant, and the Respondent is reached through Alternative Resolution, the terms of the agreement are implemented and the matter is resolved and closed. If an agreement is not reached, and the Title IX Coordinator determines that further action is necessary, or if a Respondent fails to comply with the terms of the Alternative Resolution, the matter may be referred for an investigation and Formal Resolution under these Procedures.
The Title IX Coordinator will maintain records of all reports and conduct referred for Alternative Resolution, which typically will be completed within forty-five (45) calendar days.
The College shall retain all records relating to reported Sexual Harassment Violations for a period of seven (7) years after the date the report was received, or for at least three (3) years after termination of employment, whichever is later.
1 In some instances, these procedures may be used to investigate and respond to reports against Third Party Respondents when the College has sufficient disciplinary authority over the Respondent. Based on the contractual relationship between the College and the Third Party Respondent, the College may modify these procedures as appropriate with written notice to the Complainant and Respondent.
Hampshire College (the “College”) is committed to maintaining a safe and non-discriminatory learning, living, and working environment for all members of the College community. The College prohibits Sexual Assault, Relationship Violence, Stalking, Sexual or Gender-Based Harassment, Complicity, and Retaliation (“Sexual Misconduct Violations”), as set forth in the Sexual Misconduct, Relationship Violence, and Stalking Policy (the “Policy”). This Appendix provides resources for counseling, support, and reporting (“Resources”) and sets forth the College’s procedures for reporting, investigating, and resolving violations of the Policy where an incident involving an Employee as a Respondent is reported to Hampshire College (“Procedures”). The procedures in Appendix B may also be used to investigate and resolve violations of Policy involving a Third Party as a Respondent, depending on the nature of the relationship of the Third Party to the College, as determined by the Title IX Coordinator (See Policy Section III.E.). These Resources and Procedures should be read in the context of the Policy and capitalized terms used in this document are defined in the Policy.
A. Emergency Medical, Law Enforcement, and Crisis-Response Resources
Medical Assistance: An individual who experiences sexual assault or any other form of interpersonal violence is strongly encouraged to seek immediate medical attention at one of these locations:
Each of these facilities has access to Sexual Assault Nurse Examiners (also known as “SANE Nurse”). SANE Nurses can assess injuries related to physical trauma; evaluate for sexually-transmitted infections and possible pregnancy; provide medical care (including medications to prevent infections and pregnancy); and can, within the first 72 hours after a sexual assault, administer a “forensic sexual assault examination.” During the forensic exam, the SANE Nurse documents and collects evidence of sexual contact and/or physical trauma (including injuries to the body and genitals), trace evidence, biological fluids, and identifiable DNA. When there is reason to believe that an assault may have been facilitated by the use of drugs or alcohol, the forensic exam may also include the collection of urine and blood samples for toxicology testing. A patient who requests a SANE exam is not required to report the incident to law enforcement or the College in order to receive medical attention or a forensic exam. Patients may have a support person of their choosing present throughout the forensic exam. Students may access follow-up care at Hampshire College Health Services, or through any appropriate health care provider outside of the College. Employees and Third Parties may access follow-up care through any appropriate health care provider of their choice.
Law Enforcement: All Hampshire community members have the right to report any Sexual Misconduct Violations that may constitute a crime to law enforcement (“Police”). Police have unique legal authority to seek and execute search warrants, to collect forensic evidence that may have been left at the scene or at other relevant locations, to obtain cell phone and electronic records, and to make an arrest when supported by probable cause to believe a crime has been committed. Police are also able to provide assistance in seeking Emergency Protective Orders (see below).
Crisis Resources (Support and Counseling): All Hampshire community members are urged to seek immediate emotional support after any Sexual Misconduct Violation. There are a number of resources and “hotlines” for crisis counseling, both at the College and in the local community. Some of these resources are able to maintain legally-protected confidentiality (see Section VI of the Policy). Crisis counselors can provide trauma-informed support and offer information about reporting options.
B. Legal Resources
There are several resources that may help Students and Employees explore and understand their legal rights and options – both criminal and civil – following a Sexual Misconduct Violation.
The Northwestern District Attorney’s Office Domestic Violence and Sexual Assault Unit works closely with police departments, courts and social service agencies to address the serious problem of domestic violence and sexual assault through prosecution of the offenders and the development of strategies for prevention and intervention for the victims. If you are the victim of abuse and you notify the District Attorney’s office, they may file charges against the Respondent. You will be assigned a victim witness advocate to keep you informed of court proceedings. You have the right to be notified of the proceedings and to submit a victim impact statement to the court at sentencing.
Complainants and Respondents may consult with an attorney or use one as a supporter during the College Resolution process. The College does not provide or arrange for attorneys.
C. Interim Administrative Actions, Remedial and Protective Measures
The Title IX coordinators and deputy Title IX coordinators can provide Employees with information, support, and assistance and can arrange for a broad range of remedial and protective measures. As outlined in the Policy, interim administrative actions [121] and protective measures, which may be temporary or permanent, may include no contact directives, residence modifications, academic arrangements and support, work schedule or work location modifications, and other reasonable and appropriate measures. Complainants are entitled to receive information, assistance, and a broad range of support and remedial measures regardless of whether they choose to pursue criminal and/or College disciplinary resolution of a Sexual Misconduct Violation. For more information about such measures, please see the Remedial and Protective Measures section of the Sexual Misconduct, Relationship Violence, and Stalking Policy or contact the College’s Title IX coordinator.
The College encourages anyone who experiences or becomes aware of a Sexual Misconduct Violation to make an immediate report. There are multiple channels for reporting a Sexual Misconduct Violation. A Complainant may choose to report a Sexual Misconduct Violation to the College for Resolution under these Procedures, to law enforcement for potential criminal prosecution, to both, or to neither. Complainants may simultaneously pursue criminal and College disciplinary action. The College will support Complainants in understanding and assessing their reporting options.
A. Reporting to the College
Any person may report sex discrimination, including sexual harassment (whether or not the person reporting is the person alleged to be the victim of conduct that could constitute sex discrimination or sexual harassment), in person, by mail, by telephone, or by electronic mail, using the contact information listed for the Title IX coordinator, or by any other means that results in the Title IX coordinator receiving the person’s verbal or written report. Please go to the Interim Title IX Grievanc Policy, Reporting Sexual Harassment page for details [122].
Employees should be aware that every employee, including supervisors, managers, and human resources professionals are “Responsible Employees” who are required to report to the Title IX Coordinator all relevant details about a Sexual Misconduct Violation. A Responsible Employee is any College Employee; this includes RAs, TAs, EMTs, and other student employees; who is not a Confidential Employee or Private Employee. This is discussed in detail in Section VI. B. of the Policy.
Upon receipt of a report of a Sexual Misconduct Violation, the College will conduct an initial assessment and take any immediate action that may be necessary to protect the health and safety of the Complainant and the College community, as described in the Procedures below.
The College also offers access to confidential resources for individuals who are unsure about whether to report a Sexual Misconduct Violation or are seeking counseling or other emotional support in addition to (or without) making a report to the College. Section II above identifies confidential resources, both at the College and in the Amherst community. Section VI of the Policy also provides information about confidential resources.
Although there is no time limit for reporting Sexual Misconduct Violations to the College, the College’s ability to respond may diminish over time, as evidence may erode, memories may fade, and Respondents may no longer be affiliated with the College. If the Respondent is no longer a Student or an Employee, the College will provide reasonably appropriate remedial measures, assist the Complainant in identifying external reporting options, and take other reasonable steps to respond under Title IX.
B. Reporting to the Police
A Complainant has the right to notify Police or decline to notify Police. Anyone may contact the Police directly (see Section II.A.2, above). Alternatively, College community members may seek assistance in notifying Police from HR. HR can assist in setting up an initial meeting with Police. Filing a Police report does not obligate an Employee to participate in any subsequent criminal proceedings. A Complainant who wishes to pursue criminal action in addition to, or instead of, making a report under these Procedures should contact law enforcement directly:
C. Preservation of Evidence
The College recognizes that making the decision to report a Sexual Misconduct Violation often takes time. Nevertheless, pending the decision to report, Employees are strongly encouraged to take immediate steps to preserve all evidence that might support a future report of a Sexual Misconduct Violation, a Protective Order, or an investigation by the Police, by the College, or both. Such evidence may include:
Electronic and photographic evidence may be lost through the upgrade or replacement of equipment (including smartphones), software and/or accounts or may simply be lost to the passage of time or damage to the device.
D. Seeking a Protective Order
Where a Sexual Misconduct Violation is reported to the Police, it may be possible to obtain a court-ordered Protective Order [126]. These Protective Orders may be issued if the judge or magistrate believes that there is an immediate threat to health or safety.
“Protective Orders [126]” are separate and distinct from “No-Contact Directives” (described in Section VII.A. of the Policy). Protective Orders may be obtained only from a court of law and are enforceable anywhere in the United States; their violation may result in criminal charges.
In contrast, No-Contact Directives may be obtained from the Title IX Coordinator and are enforceable through the College. The Title IX Coordinator or Deputy Coordinators can explain the process for seeking a Protective Order and can escort a Student or Employee to the appropriate office in order to initiate a petition seeking a Protective Order.
When a Complainant or witness reports a Sexual Misconduct Violation, the College will take immediate and appropriate steps to investigate or otherwise determine what happened and work to resolve the matter promptly and equitably. The first step in this process is called an initial assessment.
A. Initial Assessment
Upon receipt of a report, the Title IX coordinator or deputy Title IX coordinator will conduct an initial assessment. As part of the initial assessment, the Title IX coordinator or deputy Title IX coordinator will:
Typically, the College will seek to complete an initial assessment within five (5) business days. There may be circumstances, however, where the initial assessment takes longer based on the availability of the Complainant or other necessary information, a Complainant’s request to maintain privacy or not seek disciplinary action, or other factors outside of the College’s control. The College understands that a Complainant may engage in delayed decision-making, which may impact the timing of the conclusion of the initial assessment.
B. Requests to Maintain Privacy, Not Seek Disciplinary Action, and/or Requests Not to Participate in the Investigation
Where a Complainant requests that personally identifying information not be shared with the Respondent, that no investigation into a particular incident be conducted and/or that no disciplinary action taken, the College will balance that request against the College’s obligation to provide a safe, non-discriminatory learning, living and working environment for all community members, including the Complainant. This request may occur at any point after the report is made.
The Title IX coordinator or deputy Title IX coordinator will evaluate the Complainant’s request. When considering whether to honor a Complainant’s request that no personally identifying information be shared with the Respondent or that no Investigation or disciplinary action be pursued, the College will consider the totality of circumstances, including:
Where possible based on the facts and circumstances, the College will seek action consistent with the Complainant’s request to maintain privacy and/or not conduct further Investigation or disciplinary action. If the College is able to honor the request, the College’s ability to meaningfully investigate and respond to a report may be limited. The College may only be able to respond in more general ways such as providing targeted training or prevention programs or offering reasonably available remedial measures to the Complainant.
At any time, the Complainant who has initially requested to maintain privacy or declined to participate in an Investigation may choose to pursue Alternative or Formal Resolution where available. The College may also reopen and pursue a report where new or additional information becomes available.
There are times when the College may not be able to honor a Complainant’s request in order to provide a safe, non-discriminatory environment for the College community. Where the balance of factors requires that further investigation be conducted, that disciplinary action be taken, or that the identity of the Complainant be disclosed, the College will inform the Complainant of its intent to investigate prior to commencing the investigation and/or of its intent to disclose the identity of the Complainant. In such cases, the College will make reasonable efforts to protect the privacy of the Complainant consistent with the needs of the Investigation and resolution of the matter, and will, to the extent possible, only share information with people responsible for handling the College’s response; however an investigation normally involves speaking with the Respondent and others who may have relevant information about the incident and disclosing the identity of the Complainant may be necessary in those conversations.
The College will take ongoing steps to protect the Complainant from retaliation or harm and assist the Complainant in accessing support and safety services regardless of their level of participation or engagement with these Procedures.
Because the College is under a continuing obligation to address sexual and gender-based harassment and violence campus-wide, reports of Sexual Misconduct Violations (including reports that do not include personally-identifiable information) will also prompt the College to consider broader remedial action, such as increased monitoring, supervision or security at locations where the reported sexual violence occurred; increasing education and prevention efforts, including to targeted population groups; conducting climate assessments/victimization surveys; and/or revisiting its policies and practices.
C. Determination after Assessment
These Procedures offer two forms of resolution for reports of a Sexual Misconduct Violation: (1) Formal Resolution, which involves investigation, and review and sanction (if applicable) by an Adjudicator as described below; and (2) Alternative Resolution as described below, which includes a variety of informal options for resolving reports.
After the initial assessment, the Title IX coordinator will determine whether the circumstances warrant proceeding to an investigation. The Title IX coordinator may consult with human resources and legal counsel during the assessment. The determination as to how to proceed will be communicated to the Complainant in writing. Depending on the circumstances and requested resolution, the Respondent may or may not be notified of the report or resolution. A Respondent will be notified when the College takes action that would impact a Respondent, such as protective measures that restrict the Respondent’s movement on campus, the initiation of an Investigation, or the decision to seek to involve the Respondent in Alternative Resolution, Investigation, or other Disciplinary Process.
Notice to the Respondent will include a written explanation of all available resources and options. The Respondent will also be offered the opportunity to meet to discuss those resources and options. The College will also provide the Respondent an opportunity to respond to such actions.
Following the initial assessment, during an Investigation, or at any point in the Disciplinary Process, Hampshire College may seek an Alternative Resolution that, as appropriate, endeavors to prevent future Sexual Misconduct Violations and address their effects without conducting or concluding, as applicable, a formal Disciplinary Process against a Respondent. Alternatively, if appropriate, the College may pursue an Investigation and Disciplinary Process.
Formal Resolution is commenced when:
A. Investigation
Whenever Formal Resolution is commenced, Investigation will proceed as follows:
B. Determining Responsibility and Sanctions
C. Notice of Outcome
The Complainant and Respondent will be notified simultaneously in writing with an Outcome Letter (which may include email) from either the VPAA/DOF (for faculty Employees) or the VPFA (for non-faculty Employees) within five (5) business days following the decision. The Title IX Coordinator may also provide written notice to a Third Party Respondent, as appropriate. The Outcome Letter will set forth the violation(s) of the Policy for which the Respondent was found responsible or not responsible; the rationale for the finding; any sanction(s) imposed against the Respondent; and the rationale for any sanction(s) imposed. The Outcome Letter will not disclose any remedial measures provided to the Complainant. In order to protect the privacy of the parties, the College will make reasonable efforts to maintain confidentiality of the Outcome Letter and materials related to the investigation, subject to release by court order, search warrant or subpoena.
D. Appeal
The Complainant or Respondent may appeal the determination by submitting a written appeal within five (5) business days of the date of the Outcome Letter to a senior administrator designated in the Outcome Letter. The designated senior administrator will have appropriate training and experience and will serve as an impartial decision-maker. The written appeal must include the specific grounds for the appeal and any information or argument in support of the appeal. Grounds for an appeal are limited to (1) a material procedural error that substantially impacted the outcome, (2) previously unavailable relevant evidence that could affect the outcome, and/or (3) the sanction being substantially disproportionate to the violation.
The senior administrator will make a determination based on the written record. Appeals are not intended to be a de novo review, i.e., they are not intended to be a review from the beginning. The senior administrator can: 1) affirm the findings, or 2) alter the findings only where there is clear error based on the stated appeal grounds. The senior administrator will make a final decision within ten (10) business days of receiving the appeal. This timeframe may be extended for good cause as necessary to ensure the integrity and completeness of the review. Any extension of the timeframe, and the reason for the extension, will be shared with the parties in writing.
E. Effect of a Pending Complaint on an Employee or Third Party Respondent
If the Employee Respondent separates employment or Third Party Respondent changes the nature of their relationship with the College for any reason after a report of a Sexual Misconduct Violation has been received, the College’s Appendix B Procedures will continue to apply to the extent necessary to ensure that the College has taken appropriate steps to eliminate, prevent and address any impacts of the reported conduct. The College will complete the Initial Assessment, and based on the circumstances the College may move forward with Alternative Resolution or an Investigation and Formal Resolution, regardless of whether the Respondent chooses to participate in the process. In making the determination whether to pursue further action under these Procedures after a Respondent has separated from the institution, the College will consider whether such action is necessary to eliminate, prevent or address any impacts of the reported conduct, or if those goals can be achieved through individual and community remedies or other College action.
A Complainant may seek Alternative Resolution instead of an investigation and Formal Resolution. The Title IX Coordinator, however, has the discretion to determine whether the nature of the reported conduct is appropriate for Alternative Resolution, to determine the type of Alternative Resolution that may be appropriate in a specific case, and, pursuant to Section V of these Procedures, to refer a report for Formal Resolution at any time. Forms of Alternative Resolution that involve face-to-face meetings between the Complainant and the Respondent, such as mediation (even if voluntary), are not available (a) in cases involving Sexual Assault, and/or (b) where the Complainant is a Student and the Respondent is an Employee or Third Party in a position of authority over the Complainant.
Participation in Alternative Resolution (including any specific form of Alternative Resolution) is voluntary. The College will not compel a Complainant or Respondent to engage in Alternative Resolution, will not compel a Complainant to directly confront the Respondent, and will allow a Complainant or Respondent to withdraw from Alternative Resolution at any time. The College may decline the request for Alternative Resolution in any particular case and may stop an ongoing Alternative Resolution process at any time. Pursuing Alternative Resolution does not preclude later use of Formal Resolution if the Alternative Resolution fails to achieve a resolution acceptable to the parties and the College. Where the Complainant or the Respondent withdraws from Alternative Resolution or Alternative Resolution is otherwise terminated for any reason, any statements or disclosures made by the parties during the course of the Alternative Resolution may be considered in a subsequent investigation and Formal Resolution.
With any form of Alternative Resolution, each party has the right to choose and consult with a supporter. The supporter may be any person, including an attorney, who is not otherwise a party or witness to the reported incident(s). The parties may be accompanied by their respective supporters at any meeting or proceeding held as part of Alternative Resolution. While the supporters may provide support and advice to the parties at any meeting and/or proceeding, they may not speak on behalf of the parties, or in any manner disrupt such meetings and/or proceedings.
Alternative Resolution may include:
Resolution with the Assistance of a Third Party: A Complainant may seek assistance in informally resolving a reported Sexual Misconduct Violation from the Title IX Coordinator, who can arrange to have a trained representative facilitate a meeting or meetings between the parties. The availability of this form of Alternative Resolution, and any resolution reached through such form of Alternative Resolution, is subject to the agreement of the Title IX Coordinator, the Complainant and the Respondent. This form of Alternative Resolution may not be used where the allegation involves Sexual Assault.
Interventions and Remedies: Alternative Resolution agreements may involve a host of interventions, remedial measures and remedies, such as actions designed to maximize the Complainant’s access to educational, extracurricular, and/or College employment activities; increased monitoring, supervision, and/or security at locations or activities where the Sexual Misconduct Violation occurred or is likely to reoccur; targeted or broad-based educational programming or training for relevant individuals or groups; academic and/or College housing modifications for Student Complainants; workplace modifications for Employee Complainants; one or more of the restorative remedies or other sanctions described in these Procedures; and/or any other remedial or protective measures that can be tailored to the involved individuals to achieve the goals of the Policy.
Any form of Alternative Resolution and any combination of interventions and remedies may be utilized. If an agreement acceptable to the College, the Complainant, and the Respondent is reached through Alternative Resolution, the terms of the agreement are implemented and the matter is resolved and closed. If an agreement is not reached, and the Title IX Coordinator determines that further action is necessary, or if a Respondent fails to comply with the terms of the Alternative Resolution, the matter may be referred for an investigation and Formal Resolution under these Procedures.
The Title IX Coordinator will maintain records of all reports and conduct referred for Alternative Resolution, which typically will be completed within forty-five (45) calendar days.
The College shall retain all records relating to reported Sexual Harassment Violations for a period of seven (7) years after the date the report was received, or for at least three (3) years after termination of employment, whichever is later.
Smoking and fire safety regulations and precautions are very important and must be adhered to at all times. The cooperation of each individual is necessary for the safety of all.
The College publishes its fire safety statistics [127] in accordance with the Clery Act.
The Smoking and Fire Safety Policies pages provide an overview of safety regulations as well as guidelines for violations of these policies.
Smoking is restricted to designated smoking areas (DSA). [128]
Hampshire College has become smoke free with the exception of Designated Smoking Areas (DSAs) located outside our residences and the Red Barn. Smoking includes e-cigarettes, vaping, and any other smoke or vapor-producing products. This means that smoking will be permitted in Designated Smoking Areas (DSAs) only. [129]
What does smoke free mean?
It means the restriction of any combustible product that is producing smoke, including but not limited to, cigarettes (including hand-rolled), cigars, cigarillos or mini-cigars, pipes including improvised pipes, bongs, hookahs, e-cigarettes, vaporizers and other similar devices or products.
Smoking means carrying a lighted or inhaling a lighted product or the burning of any material to be inhaled including, but not limited to, cigarettes (including hand-rolled), cigars, cigarillos or mini-cigars, pipes including improvised pipes, bongs, hookahs, and other similar devices or products.
Reach & Compliance
This campus policy applies indoors, outdoors, to all property that is owned, operated, leased, occupied, or controlled by the College, including College owned vehicles. See Campus Map [130].
All College employees, students, visitors, guests, vendors, and contractors are required to comply with this policy, which shall remain in effect at all times, including in personal vehicles. Failure to comply with this policy may be cause for disciplinary action in accordance with Employee Handbook [131] or the Student Handbook’s Norms for Community Living and Policies [82]. Refusal to comply with the policy by visitors, guests, vendors, and contractors may be grounds for removal from campus.
Exceptions include, but are not limited to:
Students
The following actions will likely be taken for students found responsible for violations of the Campus Smoking Policy:
For residential communities (floors, mods, etc.) where smoking is occurring and individuals are not identified, community discussion circles may be required as well as other outcomes at the discretion of the residence life coordinator.
Conduct meeting administrators have the right to deviate from these sanctioning guidelines if after meeting with a student a different path would be more beneficial to the student’s or the community’s growth and success.
Employees
The following actions will be taken for employees found responsible for violations of the smoking policy:
Contractors and/or vendors
All contractors and/or vendors are obligated to follow the campus smoking policy. All contractors and/or vendors should defer to policies and procedures from their employer for holding employees accountable for workplace policy violations.
Am I allowed to have cigarettes on campus or in my living space?
Yes, you are allowed to be a smoker and possess smoking products. You can only smoke in the designated smoking areas.
What about personal motor vehicles? Can I smoke in my car?
No, while you (and your car) are on campus property, smoking is limited to designated smoking areas.
Who enforces the smoking policy?
We all do. As a community, it is our responsibility to hold each other accountable. If you see someone smoking on our campus, ask them to move to a designated smoking area and thank them for complying.
What do I say to someone who is smoking?
Gently and kindly remind them of our policy and that Hampshire restricts smoking to designated smoking areas around campus. Use the acronym “SMOKE” to remember how.
S is for Smile and introduce yourself
M is for Make the assumption the person just doesn’t know the policy
O is for Offer resources for smoking cessation if they are interested
K is for Kindly remind them of the policy
E is for Enforce the policy by asking them to move to a designated smoking area
Inspired by Portland Community College’s educational campaign. [134]
The conversation might look something like this:
Person 1: Hey, I’m [name], how are you today?
Person 2: Hey, I’m [name]. I’m good, how about you?
Person 1: Pretty good, thanks. So I noticed you are smoking and wasn’t sure if you knew Hampshire restricts smoking to designated areas. Can I show you to one?
Person 2: Oh whoops, I didn’t know that.
Person 1: No worries, thanks for being willing to move!
It might feel awkward to talk to someone else about smoking, but if you come to the conversation from a place of compassion and understanding, most people will comply.
In the unlikely event someone gets angry or refuses to move to a designated smoking area, just walk away and ask someone else, like a faculty or staff person to help you.
I’m interested in quitting; how can I get support or resources?
For College employees:
Resources are available via Blue Cross Blue Shield [135] and Employee Assistance Program [136].
For students:
Resources available via Health and Counseling Services [137] and the Wellness Center [138].
For all community members:
Apps to help include, Quit Now, Craving to Quit, Quit Guide, This is Quitting.
Social Media: #quittingsmoking; http://whatshouldwecallquitting.tumblr.com/ [140]
Websites:
http://smokefree.gov/build-your-quit-plan
[141]http://www.cdc.gov/tobacco/campaign/tips/quit-smoking/guide/index.html
[142]http://smokefree.gov/
[143]http://www.cancer.org/healthy/stayawayfromtobacco/guidetoquittingsmoking/guide-to-quitting-smoking-toc
[144]https://quitsmokingcommunity.org/
[145]https://www.quitnow.net/Program/
[146]http://quitworks.makesmokinghistory.org/
[147]http://makesmokinghistory.org/quit-now/ [148]
Quit Lines:
Text messaging: Text QUITNOW to 202-759-6436
A Hampshire College ID is necessary for use of the library facilities at Hampshire and the other colleges in the Five College consortium, and for entrance to some buildings, eating in the dining commons [150], and admission to the Robert Crown Center. Campus safety [4] assistants or other college employees may ask you to produce identification to verify that you are indeed a student at Hampshire College. Students must comply with such a request. Failure to comply is a violation of policy.
If you need to replace your student ID (OneCard), the replacement ID fee is $25.00.
Email onecard@hampshire.edu [88] for a replacement or for questions.
Hampshire College supports and encourages student entrepreneurship that meets legal and ethical expectations of the Norms for Community Living and Policies [113]. Fundamental expectations of this policy are:
The entrepreneurship program through the School for Interdisciplinary Arts was established to provide a structure for student-run businesses invested in through the Seed Fund. Those who wish to start or participate in a commercial venture through the entrepreneurship program either through the Seed Fund or an entrepreneurship course should consult with the program coordinator. Students establishing a campus-based venture not associated with the entrepreneurship program must consult with Five College risk management [151] before implementation of a business. All campus-based businesses must comply with the following provisions:
(a) Students who act as commercial agents, sell merchandise, or distribute goods or advertising on campus are prohibited from using College facilities or services, including residence hall rooms, campus telephone numbers, computing and/or network services or College postal facilities, for the purpose of commercial activities.
(b) Use of the Hampshire College name or insignia must be cleared in advance of such use in all instances by the chief creative officer (communications office).
(c) Use of the Hampshire College name, insignia and trademarks on products and merchandise requires prior approval and vendor licensing by the College. Information regarding Hampshire College product licensing and Hampshire's code of conduct for licensees is available through the chief creative officer (communications office).
(d) Students providing on-campus services may be required to enter into a contract with the College before commencing services.
Theft of College or personal property of others, defined as taking, carrying, leading or riding away of property from the possession or constructive possession of another is considered unacceptable behavior. This includes the moving or removal of furniture and other College property from their appropriate location in public places including student lounge spaces and outdoor areas.
For additional information about how these policies apply in the residence halls, see the residence life policies [152] section of this handbook.
Threatening and intimidating behaviors are words, actions, or implied threats that cause reasonable fear of injury to the health and safety of any person or property.
These actions include but are not limited to:
Campus safety and wellbeing [14] should be contacted regarding any threatening and/or intimidating behavior.
Threatening and intimidating behavior may result in immediate suspension and other sanctions up to and including removal from the College.
Maintaining and preserving the private property of individuals as well as the resources of the College (including its grounds, academic buildings, residences, furnishings, dining facilities, associated structures and infrastructure) are the responsibility of all members of the College community. College resources are provided to benefit the entire community, and must be maintained so that no one is denied their right to the proper resources. This right is possessed not only by those who are students now, but also by those who will be students in the future.
Damage, destruction, or defacement of College or personal property of others (due either to malice or to extreme carelessness) is unacceptable behavior. Some of this behavior may also be consider vandalism, defined as willfully or maliciously destroying, disfiguring, and/or defacing any public or private property, without the consent of the owner or College.
Students will be assessed the cost of any vandalism or damage, and that cost will be charged to the student’s College account.
Links
[1] https://www.amherstma.gov/207/General-Bylaws-Government-Act
[2] https://malegislature.gov/Laws/GeneralLaws/
[3] https://handbook.hampshire.edu/node/87
[4] http://www.hampshire.edu/studentlife/1831.htm
[5] https://engage.hampshire.edu/organization/spa
[6] https://handbook.hampshire.edu/node/121
[7] http://www.hampshire.edu/slresources
[8] https://handbook.hampshire.edu/node/236
[9] https://handbook.hampshire.edu/node/233
[10] https://handbook.hampshire.edu/node/235
[11] https://handbook.hampshire.edu/node/237
[12] https://handbook.hampshire.edu/node/234
[13] http://www.malegislature.gov/Laws/GeneralLaws/PartI/TitleXX/Chapter138
[14] https://www.hampshire.edu/student-life/campus-safety-and-wellbeing
[15] http://www.amherstma.gov/index.aspx?nid=174
[16] https://www.hampshire.edu/student-engagement
[17] https://handbook.hampshire.edu/node/103
[18] https://handbook.hampshire.edu/node/45
[19] https://malegislature.gov/Laws/GeneralLaws/PartI/TitleXV/Chapter94C/Section32I
[20] https://www.hampshire.edu/oars/housing-based-accommodations
[21] https://handbook.hampshire.edu/node/40
[22] mailto:afSA@hampshire.edu
[23] mailto:srlPR@hampshire.edu
[24] mailto:kgHR@hampshire.edu
[25] https://handbook.hampshire.edu/node/288
[26] https://www.hampshire.edu/offices/title-ix
[27] https://www.hampshire.edu/student-life/dean-of-students-office
[28] mailto:zwsa@hampshire.edu
[29] mailto:samkSA@hampshire.edu
[30] mailto:tcSA@hampshire.edu
[31] https://www.hampshire.edu/offices/dean-students-office/student-life-resources-and-support/sexual-respect-and-title-ix
[32] mailto:aksOP@hampshire.edu
[33] mailto:cstrycharz@hampshire.edu
[34] mailto:plrSA@hampshire.edu
[35] https://www.hampshire.edu/offices/office-president/office-justice-equity-and-antiracism
[36] mailto:wasSA@hampshire.edu
[37] mailto:tvdDO@hampshire.edu
[38] mailto:mlpAC@hampshire.edu
[39] https://www.hampshire.edu/health-services/health-and-counseling-services
[40] https://www.hampshire.edu/spiritual-life/spiritual-life
[41] https://www.hampshire.edu/student-life/sexual-respect-and-title-ix
[42] https://intranet.hampshire.edu/system/files/faculty-handbook.pdf
[43] https://handbook.hampshire.edu/node/232
[44] https://handbook.hampshire.edu/node/130
[45] http://amherstma.gov/index.aspx?nid=124
[46] https://handbook.hampshire.edu/node/64
[47] https://handbook.hampshire.edu/node/48
[48] https://handbook.hampshire.edu/node/53
[49] https://handbook.hampshire.edu/node/98
[50] https://handbook.hampshire.edu/node/146
[51] https://handbook.hampshire.edu/node/123
[52] https://handbook.hampshire.edu/node/241
[53] https://www.hampshire.edu/housing/general-charges-for-student-damages
[54] http://www.ada.gov/pubs/ada.htm
[55] http://portal.hud.gov/hudportal/HUD?src=/program_offices/fair_housing_equal_opp/FHLaws/yourrights
[56] https://www.hampshire.edu/oars/office-of-accessibility-resources-and-services
[57] https://handbook.hampshire.edu/node/196
[58] https://handbook.hampshire.edu/node/147
[59] https://handbook.hampshire.edu/node/182
[60] https://handbook.hampshire.edu/OARS.hampshire.edu
[61] https://www.hampshire.edu/oars/disability-disclosure-and-accommodation-request
[62] http://www.ada.gov/
[63] http://www.amherstma.gov/index.aspx?NID=398
[64] http://www.ada.gov/qasrvc.htm
[65] https://handbook.hampshire.edu/node/93
[66] https://www.hampshire.edu/sites/default/files/Americans%20with%20Disabilities%20Act%20Accom%20Request%20Form%20aeh-1.pdf
[67] https://handbook.hampshire.edu/node/195
[68] https://www.hampshire.edu/dean-students-office
[69] https://www.hampshire.edu/oars/grievance-procedures
[70] https://handbook.hampshire.edu/node/94
[71] https://handbook.hampshire.edu/node/67
[72] http://www.mass.gov/courts/court-info/jury-commissioner/
[73] http://www.state.ma.us/sec/ele/elestu/stuidx.htm
[74] http://www.sec.state.ma.us/ele/
[75] https://handbook.hampshire.edu/node/204
[76] http://www.hampshire.edu/studentlife/index_housing.htm
[77] https://www.hampshire.edu/housing/
[78] https://handbook.hampshire.edu/node/63
[79] https://handbook.hampshire.edu/node/239
[80] https://www.hampshire.edu/student-life/residence-life-and-housing
[81] https://forms.gle/vR5hSq4S6isaZrWL6
[82] https://handbook.hampshire.edu/node/3
[83] https://handbook.hampshire.edu/node/66
[84] https://handbook.hampshire.edu/node/52
[85] https://handbook.hampshire.edu/node/90
[86] mailto:housing@hampshire.edu
[87] http://www.hampshire.edu/computing/onecard.htm
[88] mailto:onecard@hampshire.edu
[89] https://handbook.hampshire.edu/node/244
[90] https://handbook.hampshire.edu/node/118
[91] http://www.hampshire.edu/studentlife/570.htm
[92] https://www.hampshire.edu/student-life/room-grow
[93] https://hampshire.co1.qualtrics.com/SE/?SID=SV_8vQxkd0s6ufLQ5T
[94] https://handbook.hampshire.edu/node/59
[95] https://handbook.hampshire.edu/node/249
[96] https://handbook.hampshire.edu/node/250
[97] https://www.amherst.edu/offices/title-ix
[98] https://www.mtholyoke.edu/risk/title-ix-compliance-mount-holyoke-college
[99] https://www.smith.edu/about-smith/title-ix
[100] http://www.umass.edu/titleix/
[101] https://www.mass.gov/files/documents/2016/07/qf/can-mandated-reporters-guide.pdf
[102] mailto:jkurtz@hampshire.edu
[103] https://www.hampshire.edu/rmgSA@hampshire.edu
[104] https://handbook.hampshire.edu/node/273
[105] https://handbook.hampshire.edu/node/261
[106] mailto:dwilliams@hampshire.edu
[107] mailto:asurgen@hampshire.edu
[108] https://handbook.hampshire.edu/node/274
[109] mailto:jmkSA@hampshire.edu
[110] https://handbook.hampshire.edu/node/39
[111] https://intranet.hampshire.edu/ifiles/hr-policy-manual-3-18.pdf
[112] https://intranet.hampshire.edu/system/files/faculty-handbook_0.pdf
[113] https://handbook.hampshire.edu/node/43
[114] https://rainn.org/
[115] https://www.hampshire.edu/housing/resident-advisors
[116] https://www.mtholyoke.edu/campuspolice/victim_assistance
[117] http://www.masslegalservices.org/FindLegalAid
[118] http://www.masslegalhelp.org/domestic-violence
[119] http://www.janedoe.org/find_help/mass_legal_help
[120] http://northwesternda.org/victim-witness-assistance-unit
[121] https://handbook.hampshire.edu/node/251
[122] https://handbook.hampshire.edu/node/291
[123] https://www.masslegalhelp.org/domestic-violence/wdwgfh/chapter6-209a-protective-orders
[124] https://handbook.hampshire.edu/node/208
[125] mailto:titleix@hampshire.edu
[126] http://www.masslegalhelp.org/domestic-violence/wdwgfh/chapter6-209a-protective-orders
[127] https://www.hampshire.edu/campus-police/crime-statistics-daily-log
[128] https://handbook.hampshire.edu/sites/default/files/handbookimages/smokefreemap.pdf
[129] https://www.hampshire.edu/sites/default/files/studentlife/files/smokefreemap1920a.pdf
[130] https://www.hampshire.edu/discover-hampshire/campus-map
[131] https://www.hampshire.edu/sites/default/files/shared_files/policy_manual.4.11.pdf
[132] mailto:deanofstudents@hampshire.edu
[133] mailto:rsfPP@hampshire.edu
[134] https://www.youtube.com/watch?v=ko3ZwXVYZX8
[135] https://home.bluecrossma.com/collateral/sites/g/files/csphws1571/files/acquiadam-assets/55-1082_Smoking_Cessation_Brochure.pdf
[136] https://www.hampshire.edu/employee-assistance-program
[137] https://www.hampshire.edu/student-life/health-and-counseling-services
[138] https://www.hampshire.edu/wellness/smoking-cessation
[139] mailto:well@hampshire.edu
[140] http://whatshouldwecallquitting.tumblr.com/
[141] http://smokefree.gov/build-your-quit-plan
[142] http://www.cdc.gov/tobacco/campaign/tips/quit-smoking/guide/index.html
[143] http://smokefree.gov/
[144] http://www.cancer.org/healthy/stayawayfromtobacco/guidetoquittingsmoking/guide-to-quitting-smoking-toc
[145] https://quitsmokingcommunity.org/
[146] https://www.quitnow.net/Program/
[147] http://quitworks.makesmokinghistory.org/
[148] http://makesmokinghistory.org/quit-now/
[149] http://www.emailmeform.com/builder/form/9z6o1fyMe65C6mL
[150] http://www.hampshire.edu/specialprograms/25278.htm
[151] https://studentprojects.hampshire.edu/?&SPJ_m=H&SPJ_id=
[152] https://handbook.hampshire.edu/node/100