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XI. Historical Complaints of Sexual Misconduct

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.