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 (for reports against Hampshire College students) and Appendix B (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.”
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.”
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 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:
- Conduct an initial assessment (typically within five (5) business days), offer appropriate remedial measures to the Complainant, and consider whether protective measures should be imposed against a Respondent, including removing a Respondent from class, work, or issuing a no trespass order prohibiting their return to Hampshire;
- Promptly notify the Title IX Coordinator at the Respondent’s home institution of the report (typically within five (5) business days). The determination whether to move forward with an investigation and resolution, including disciplinary action will be made by the Respondent’s home institution;
- Provide the Complainant with a copy of the applicable policies and procedures at the Respondent’s home institution;
- Support the Complainant in navigating the policy and resolution procedures of the Respondent’s home institution. For example, the College can accompany the Complainant to a meeting with the home institution’s Title IX Coordinator or to a court hearing, and can offer resources, support, and remedial or protective measures available on Hampshire College’s campus.
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:
- Amherst College, Title IX Coordinator
- Mount Holyoke College, Title IX Coordinator
- Smith College, Title IX Coordinator
- University of Massachusetts Amherst, Title IX Coordinator
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.
- The Title IX Coordinator will evaluate the nature of the Respondent’s relationship with the College to determine the extent to which the College has disciplinary authority or control over the Respondent. The Title IX Coordinator will seek to make this determination within five (5) business days.
- If the College has disciplinary authority over the Respondent, the procedures in Appendix B may apply, although they may be modified as necessary (based on the nature of the contractual relationship) with written notice to the Complainant and Respondent.
- If the College has no disciplinary authority over the Respondent, the College may take other action under this Policy. For example, the College may take steps to investigate the conduct to inform the appropriate response. Those investigative steps may vary depending on the nature of the conduct, the College’s relationship with the Respondent, and the steps necessary to effectively address the conduct. Investigative steps may include interviewing the parties and witnesses, when available, and a review of other relevant information. Where there is a sufficient factual basis, a Third Party who is accused of violating this Policy may be permanently barred from the College or subject to other restrictions for failing to comply with this policy. The College will notify the Complainant about any actions taken by the College. In addition, the College may provide appropriate remedial measures to a Complainant and help to identify external reporting options that may have enforcement authority 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.