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Discrimination and Harassment

NOTICE OF NONDISCRIMINATION/AFFIRMATIVE ACTION
Hampshire College reaffirms publicly its moral and legal commitment to a policy of equal opportunity in education and employment.

Hampshire College supports the efforts of secondary school officials and governing bodies to have their schools achieve regional accredited status to provide reliable assurance of the quality of the educational preparation of its applicants for admission.

Hampshire College does not discriminate on the basis of race, age, sex, sexual orientation, gender, gender identity, genetic information, religion, national origin, disability, or previous military service in the admission of students, administration of its educational policies, scholarships and loan programs, and athletics, and other administered programs and in employment. 

Hampshire College is an Affirmative Action/Equal Opportunity Employer. All applicable federal and state laws and guidelines are followed, including Title VI and VII of the Civil Rights Act of 1964; Executive Order 11246 of 1965, as amended by Executive Order 11357 of 1967; Title IX of the Educational Amendments Act of 1972; Section 504 of the Rehabilitation Act of 1973, as amended; and the Americans with Disabilities Act of 1990.

Discrimination and harassment on the basis of race, age, color, national origin, religion, sex (including sex stereotyping), sexual orientation, gender identity and expression, disability, genetic information, transgender status, or military service (henceforth, the “Protected Factors”) is in conflict with the mission of the College and is strictly prohibited by its Policy. Hampshire College is strongly committed to building an inclusive environment and will not tolerate any actions of any individual that violate this Policy.

Discrimination and harassment in many instances violate Massachusetts statutes and federal laws as well, including Title IX of the Education Amendments of 1972 and Title VII of the 1964 Civil Rights Act, Section 504 of the Rehabilitation Act of 1973, and the Americans with Disabilities Act.
 
Antidiscrimination & Harassment Policy
Discrimination and harassment are understood to comprise any one or more of the following actions and courses of conduct between persons:
  • Physically assaulting, or threatening to assault, any person because of the Protected Factors.
  • Causing any person to have reason to believe that by virtue of the Protected Factors or membership in one or more of the aforementioned groups they will be prevented from pursuing a chosen activity.
  • Making written or oral statements designed to produce in members of the aforementioned groups fear for their physical safety or fear that freedom of movement or expression would be restricted; or making written or oral statements that can reasonably be supposed to have this effect. Threatening language is expressly prohibited.
  • Directing at an individual or person, present or absent, language that grossly offends or insults such individual or groups on the basis of the Protected Factors.
  • Denying academic, social, recreational, housing, employment, health service, or other College opportunity or service on the basis of the Protected Factors, or any action or statement that might lead any member of any such group to reasonably expect that access to such opportunities or services might be denied to them on such a basis.
  • Retaliating against any person who is participating in any complaint involving discrimination or harassment.
  • Using different standards of evaluation for academic work, suitability for employment or promotion, or job performance because of the Protected Factors.
  • Any similar actions designed to degrade, insult, threaten, or harm one or more members of the aforementioned groups, or which can reasonably be expected to have these effects.
With regard to language used in classrooms and other teaching/learning contexts, at the same time that we stress that unreasonable constraints on either scholarship, academic freedom (of teachers and learners), and creative work would be chilling in an academic environment, individuals weighing the use of offensive language for an ostensible educational or creative purpose should proceed with care.
 
The chief diversity officer has been designated to serve as the College’s Title IX Coordinator.  A team staff members have been designated to serve as Title IX Deputy Coordinators. These team members include the senior associate dean of students for residence life, the director for student conduct, rights and responsibilities, the associate vice president for human resources,  the assistant director for human resources, and an OPRA coach and instructor Whenever a member of the community (student, staff, or faculty) believes their rights as defined above have been violated, said person is encouraged to contact the Title IX Coordinator or Title IX Deputy Coordinators, below, to discuss their options under this policy and College procedures. Complaints involving alleged violations of this policy shall be submitted to the Title IX Coordinator or, for complaints by Hampshire College students involving conduct or actions of other Hampshire College students, to the Title IX Deputy Coordinators as described in this policy. The Title IX Deputy Coordinators shall keep the Title IX Coordinator informed of complaints submitted to the Title IX Deputy Coordinators and of the outcome of those complaints.
  • All complaints involving College faculty or staff conduct shall be submitted to the Title IX Deputy Coordinator, Shelly Ruocco, associate vice president for human resources; 413.559.5411 (sruocco@hampshire.edu).
  • Complaints by Hampshire College students involving conduct or actions of other Hampshire College students should be submitted to the Title IX Deputy Coordinator, Renee Freedman, senior associate dean of students for residence life; 413.559.5849 (rfreedman@hampshire.edu). Student complaints may also be submitted to the Title IX Coordinator, who will refer complaints to the appropriate Title IX Deputy Coordinator.
  • Complaints involving individuals who are not members of the College community shall be submitted to the Title IX Deputy Coordinator, Shelly Ruocco, associate vice president for human resources; 413.559.5411 (sruocco@hampshire.edu).
In cases involving complaints under this policy that also include alleged violations of the sexual offenses policy that are submitted either under this policy or under the Sexual Offenses Policy, the Title IX Coordinator and Title IX Deputy Coordinators shall confer and determine the appropriate process.
 
Informal Processes
Engaging in any informal process will not impair a person’s right to access other resources inside and outside of Hampshire College. If at all possible, the complainant should bring notice of the problem directly to the person whose actions have been found objectionable. It is hoped that in discussing an issue or concern directly with another person, the parties will be able to reach a mutually satisfactory resolution. Individuals with complaints against an employee of the College are encouraged also to consider speaking to the employee’s immediate supervisor. (The Title IX Coordinator can be helpful in identifying who that person is; in the case of a faculty member, for these purposes it is considered to be the School dean.) If such direct communication either is not acceptable to the complainant or proves unsuccessful, the complainant may bring the complaint to the Title IX Deputy Coordinator for complaints involving students and to the Title IX Coordinator for all other complaints, who—normally within five working days of receiving the complaint—will notify the person being complained about, henceforth referred to as the respondent.
 
As part of this informal process, the Title IX Coordinator or the Title IX Deputy Coordinators, as applicable, or in either case their designee will meet with the complainant(s) and respondent(s) either together or separately. This meeting has, as its main goal, facilitating a resolution between the involved parties with the Coordinator or designee serving as mediator or facilitator. The period for conducting the meeting should not be protracted. The Title IX Coordinator (or Deputy Coordinators) or their designee will notify both parties of their recommendations for facilitating resolution within a reasonable time, normally no more than five business days.
 
Formal Process
Filing a Complaint
If the complainant chooses not to use the informal procedure or the informal procedure is not successful, the complainant can file a complaint with the Title IX Coordinator (or Title IX Deputy Coordinators for complaints by Hampshire College students involving conduct or actions of other Hampshire College students), or their designee[s]. The complaint is filed by submitting a written description of the circumstances that are the basis of the complaint to the applicable Title IX Coordinator (or their designee). The Title IX Coordinator or Title IX Deputy Coordinators receiving the complaint (or their designee) will make an initial determination, normally within five days, as to whether the complaint is actionable under this policy and requires investigation. If so, the Title IX Coordinator (or their designee) will inform the respondent of the existence of the complaint and provide them with a copy of the complaint. If the respondent chooses, they may provide a written response to the complaint within five days of receipt thereof. The Title IX Coordinator will forward the complaint and respondent’s response, if any, the following individuals:  
  • All complaints involving College faculty or staff conduct shall be submitted to the Title IX Deputy Coordinator, Shelly Ruocco, associate vice president for human resources; 413.559.5411  (sruocco@hampshire.edu).
  • Complaints by Hampshire College students involving conduct or actions of other Hampshire College students should be submitted to the Title IX Deputy Coordinator, Renee Freedman, senior associate dean of students for residence life; 413.559.5849 (rfreedman@hampshire.edu). Student complaints may also be submitted to the Title IX Coordinator, who will refer complaints to the appropriate Title IX Deputy Coordinators.
  • Complaints involving individuals who are not members of the College community shall be submitted to the Title IX Deputy Coordinator Shelly Ruocco, associate vice president for human resources; 413.559.5411 (sruocco@hampshire.edu).
The College will follow its established investigative, disciplinary, sanctioning, and appeals procedures as outlined in Non Satis Non Scire (for claims of violation of the Norms for Community Living and Policies), Faculty Handbook, and the Employee Policy Manual, as applicable. Such process may result in the imposition of discipline, up to and including suspension and termination (or expulsion, in the case of students).
 
Retaliation
Retaliating against any person who is participating in any complaint under this policy is strictly prohibited and may result in discipline or sanctions, including suspension or termination (or expulsion, if a student).
 
External Resources
Individuals who believe they have been subjected to discrimination and harassment may also contact the following resources outside of the College:
 
Employees and students may bring complaints to:
Massachusetts Commission Against Discrimination 
One Ashburton Place, Room 601 
Boston, MA 02108 
617.994.6000
 
John F. Kennedy Federal Building 
Government Center Room 475 
Boston, MA 02203-0506 
800.669.4000
 
Students may also bring complaints to:
United States Department of Education 
8th Floor 
5 Post Office Square 
Boston, MA 02109-3921 
617.289.0111