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 or Appendix B, 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 office (“DOSO”) 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 DOSO 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. DOSO 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:
- Imposition of a no-contact directive against an employee or student (i.e., an order directing one or both of the parties to refrain from contacting the other, directly or through proxies);
- Arranging access to counseling services and assistance in setting up initial appointments for students, or providing contact information for available counseling services for employees;
- Arranging access to medical services and assistance in setting up initial appointments for students, or providing contact information for available medical services for employees;
- Assistance in seeking academic assistance or modifications;
- Assistance in modifying College housing arrangements, including immediate temporary relocation to safe living quarters and/or permanent reassignment of College residence halls;
- Assistance in modifying College employment arrangements, including changes in work schedules, job assignments, or work locations;
- Changing an employee’s phone number at work;
- Assistance in enforcement of protective orders in an employee’s work environment;
- Arranging a meeting with police to discuss or report a sexual misconduct violation;
- Arranging a meeting with police to discuss safety planning; and
- Any other measures that may be arranged by the College (to the extent reasonably available) to ensure the safety and well-being of a student or employee who has been affected by a sexual misconduct violation.
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 DOSO 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.
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.
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:
- Greg Narleski, Title IX coordinator, email@example.com, 413.559.6205
- Amanda Surgen, deputy Title IX coordinator, firstname.lastname@example.org, 413.559.5754
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:
- 911 (for emergencies)
- Town of Amherst Police 413.259.3000 (for non-emergencies)
- Hampshire College Campus Police 413.559.5424 (for non-emergencies)
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.