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II. To Whom This Policy Applies

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.