Questions or comments? Contact the dean of students office at deanofstudents@hampshire.edu.
Hampshire College (the “College”) is committed to maintaining a safe and non-discriminatory learning, living, and working environment for all members of the College community. The College prohibits Sexual Assault, Relationship Violence, Stalking, Sexual or Gender-Based Harassment, Complicity, and Retaliation (“Sexual Misconduct Violations”), as set forth in the Sexual Misconduct, Relationship Violence, and Stalking Policy (the “Policy”). This Appendix provides resources for counseling, support, and reporting (“Resources”) and sets forth the College’s procedures for reporting, investigating, and resolving violations of the Policy where an incident involving a student as a respondent is reported to Hampshire College (“Procedures”). These Resources and Procedures should be read in the context of the Policy and capitalized terms used in this document are defined in the Policy.
A. Emergency Medical, Law Enforcement, and Crisis-Response Resources
Each of these facilities has access to Sexual Assault Nurse Examiners (also known as “SANE Nurse”). SANE Nurses can assess injuries related to physical trauma; evaluate for sexually-transmitted infections and possible pregnancy; provide medical care (including medications to prevent infections and pregnancy); and can, within the first 72 hours after a sexual assault, administer a “forensic sexual assault examination.” During the forensic exam, the SANE Nurse documents and collects evidence of sexual contact and/or physical trauma (including injuries to the body and genitals), trace evidence, biological fluids, and identifiable DNA. When there is reason to believe that an assault may have been facilitated by the use of drugs or alcohol, the forensic exam may also include the collection of urine and blood samples for toxicology testing. A patient who requests a SANE exam is not required to report the incident to law enforcement or the College in order to receive medical attention or a forensic exam. Patients may have a support person of their choosing present throughout the forensic exam. Students may access follow-up care at Hampshire College Health Services, or through any appropriate health care provider outside of the College. Employees may access follow-up care through any appropriate health care provider of their choice.
B. Legal Resources
There are several resources that may help Students and Employees explore and understand their legal rights and options – both criminal and civil – following a Sexual Misconduct Violation.
The Northwestern District Attorney’s Office Domestic Violence and Sexual Assault Unit works closely with police departments, courts and social service agencies to address the serious problem of domestic violence and sexual assault through prosecution of the offenders and the development of strategies for prevention and intervention for the victims. If you are the victim of abuse and you notify the District Attorney’s office, they may file charges against the Respondent. You will be assigned a victim witness advocate to keep you informed of court proceedings. You have the right to be notified of the proceedings and to submit a victim impact statement to the court at sentencing.
Complainants and Respondents may consult with an attorney or use one as a supporter during the College Resolution process. The College does not provide or arrange for attorneys.
C. Interim Administrative Actions, Remedial and Protective Measures
The Title IX coordinator and deputy Title IX coordinators and the dean of students office staff can provide students with information, support, and assistance and can arrange for a broad range of remedial and protective measures. As outlined in the Policy, interim administrative actions [8], remedial and protective measures, which may be temporary or permanent, may include no contact directives, residence modifications, academic arrangements and support, work schedule or work location modifications, and other reasonable and appropriate measures. Complainants are entitled to receive information, assistance, and a broad range of support and remedial measures regardless of whether they choose to pursue criminal and/or College disciplinary resolution of a sexual misconduct violation. For more information about such measures, please see the Remedial and Protective Measures section of the Sexual Misconduct, Relationship Violence, and Stalking Policy or contact the College’s Title IX coordinator.
The College encourages anyone who experiences or becomes aware of a sexual misconduct violation to make an immediate report. There are multiple channels for reporting sexual misconduct violations. A complainant may choose to report a sexual misconduct violation to the College for resolution under these procedures, to law enforcement for potential criminal prosecution, to both, or to neither. Complainants may simultaneously pursue criminal and College disciplinary action. The College will support complainants in understanding and assessing their reporting options.
A. Reporting to the College
Any person may report sex discrimination, including sexual harassment (whether or not the person reporting is the person alleged to be the victim of conduct that could constitute sex discrimination or sexual harassment), in person, by mail, by telephone, or by electronic mail, using the contact information listed for the Title IX coordinator, or by any other means that results in the Title IX coordinator receiving the person’s verbal or written report. Please go to the Interim Title IX Grievanc Policy, Reporting Sexual Harassment page [9] for details.
B. Reporting to the Police
A complainant has the right to notify police or decline to notify police. Anyone may contact the police directly (see Section II.A.2., above). Alternatively, College community members may seek assistance in notifying police from the dean of students. The dean of students office can assist in setting up an initial meeting with police and can accompany students to that meeting. Filing a police report does not obligate an individual to participate in any subsequent criminal proceedings. A complainant who wishes to pursue criminal action in addition to, or instead of, making a report under these procedures should contact law enforcement directly:
C. Preservation of Evidence
The College recognizes that making the decision to report a sexual misconduct violation often takes time. Nevertheless, pending the decision to report, a complainant is strongly encouraged to take immediate steps to preserve all evidence that might support a future report of a sexual misconduct violation, a protective order, or an investigation by the police, by the College, or both. Such evidence may include:
Electronic and photographic evidence may be lost through the upgrade or replacement of equipment (including smartphones), software and/or accounts or may simply be lost to the passage of time or damage to devices.
D. Seeking a Protective Order
Where a sexual misconduct violation is reported to the police, it may be possible to obtain a court-ordered Protective Order [10]. These Protective Orders [10]may be issued if the judge or magistrate believes that there is an immediate threat to health or safety.
“Protective Orders [10]” are separate and distinct from “No-Contact Directives” (described in Section VII.A. of the Policy). Protective Orders may be obtained only from a court of law and are enforceable anywhere in the United States; their violation may result in criminal charges.
In contrast, No-Contact Directives may be obtained from the Title IX coordinator and are enforceable through the College. The Title IX coordinator or deputy Title IX coordinators can explain the process for seeking a Protective Order and can escort a complainant to the appropriate office in order to initiate a petition seeking a Protective Order.
When a complainant or witness reports a sexual misconduct violation, the College will take immediate and appropriate steps to investigate or otherwise determine what happened and work to resolve the matter promptly and equitably. The first step in this process is called an initial assessment.
A. Initial Assessment
Upon receipt of a report, the Title IX coordinator or deputy Title IX coordinator will conduct an initial assessment. As part of the initial assessment, the Title IX coordinator or deputy Title IX coordinator will:
Typically, the College will seek to complete an initial assessment within five (5) business days. There may be circumstances, however, where the initial assessment takes longer based on the availability of the complainant or other necessary information, a complainant’s request to maintain privacy or not seek disciplinary action, or other factors outside of the College’s control. The College understands that a complainant may engage in delayed decision-making, which may impact the timing of the conclusion of the initial assessment.
B. Requests to Maintain Privacy, Not Seek Disciplinary Action and/or Request Not to Participate in the Investigation
Where a complainant requests that personally identifying information not be shared with the respondent, that no investigation into a particular incident be conducted and/or that no disciplinary action taken, the College will balance that request against the College’s obligation to provide a safe, non-discriminatory learning, living and working environment for all community members, including the complainant. This request may occur at any point after the report is made.
The Title IX coordinator or deputy Title IX coordinator will evaluate the complainant’s request. When considering whether to honor a complainant’s request that no personally identifying information be shared with the Respondent or that no Investigation or disciplinary action be pursued, the College will consider the totality of the circumstances, including:
Where possible based on the facts and circumstances, the College will seek action consistent with the complainant’s request to maintain privacy and/or not conduct further Investigation or disciplinary action. If the College is able to honor the request, the College’s ability to meaningfully investigate and respond to a report may be limited. The College may only be able to respond in more general ways, such as providing targeted training or prevention programs or offering reasonably available remedial measures to the complainant.
At any time, the complainant who has initially requested to maintain privacy or declined to participate in an Investigation may choose to pursue alternative or formal resolution where available. The College may also reopen and pursue a report where new or additional information becomes available.
There are times when the College may not be able to honor a complainant’s request in order to provide a safe, non-discriminatory environment for the College community. Where the balance of factors requires that further investigation be conducted, that disciplinary action be taken, or that the identity of the complainant be disclosed, the College will inform the complainant of its intent to investigate prior to commencing the investigation and/or of its intent to disclose the identity of the complainant. In such cases, the College will make reasonable efforts to protect the privacy of the complainant consistent with the needs of the Investigation and resolution of the matter, and will, to the extent possible, only share information with people responsible for handling the College’s response; however an investigation normally involves speaking with the respondent and others who may have relevant information about the incident and disclosing the identity of the complainant may be necessary in those conversations.
The College will take ongoing steps to protect the complainant from retaliation or harm and assist the complainant in accessing support and safety services regardless of their level of participation or engagement with these procedures.
Because the College is under a continuing obligation to address sexual and gender-based harassment and violence campus-wide, reports of sexual misconduct violations (including reports that do not include personally-identifiable information) will also prompt the College to consider broader remedial action, such as increased monitoring, supervision or security at locations where the reported sexual violence occurred; increasing education and prevention efforts, including to targeted population groups; conducting climate assessments/victimization surveys; and/or revisiting its policies and practices.
C. Determination after Assessment
These procedures offer two forms of resolution for reports of sexual misconduct violations: (1) formal resolution, which involves investigation, and review and sanction (if applicable) by an adjudicator as described below; and (2) alternative resolution as described below, which includes a variety of informal options for resolving reports.
After the initial assessment, the Title IX coordinator will determine whether the circumstances warrant proceeding to an investigation. The Title IX coordinator may consult with other College administrators or legal counsel. The determination as to how to proceed will be communicated to the complainant in writing. Depending on the circumstances and requested resolution, the Respondent may or may not be notified of the report or resolution. A respondent will be notified when the College takes action that would impact a Respondent, such as protective measures that restrict the respondent’s movement on campus, the initiation of an Investigation, or the decision to seek to involve the respondent in alternative resolution, investigation, or other disciplinary process. Notice to the respondent will include a written explanation of all available resources and options. The respondent will also be offered the opportunity to meet to discuss those resources and options. The College will also provide the respondent an opportunity to respond to such actions.
Following this initial assessment, during an Investigation, or at any point in the disciplinary process, Hampshire College may seek an alternative resolution that, as appropriate, endeavors to prevent future sexual misconduct violations and addresses their effects without conducting or concluding, as applicable, a formal disciplinary process against a respondent. Alternatively, if appropriate, the College may pursue an Investigation and disciplinary process.
Formal Resolution is commenced when:
A. Investigation
Whenever Formal Resolution is commenced, Investigation will proceed as follows:
B. Hearing
The Hearing and Appeal process consists of: (1) Pre-Hearing Steps; (2) a Hearing; and (3) a Determination of Violation and Sanctions.
1. Pre-Hearing Steps
2. Hearing
3. Determination of Violation and Sanctions; Notice of Outcome
At the conclusion of the hearing, the Adjudicator will determine whether there is sufficient information, by a preponderance of the evidence, to support a finding of responsibility for a violation of the Policy. After consulting with the Senior Director or their designee, the Adjudicator will (1) determine if there is a violation and (2) if so, the Adjudicator will determine the appropriate sanction(s). Prior to making their decision final the Adjudicator’s determinations of responsibility and sanctions may be reviewed by the Title IX Coordinator and/or a Deputy Coordinator to advise the Adjudicator with regard to consistency and proportionality in sanctions and sufficient action to eliminate the Sexual Misconduct Violation, prevent its recurrence and remedy its effects.
In determining the appropriate sanction(s), the Adjudicator will consider a number of factors, including:
The Adjudicator may also consider restorative outcomes that, taking into account the safety of the Hampshire College community as a whole, allow a Respondent to develop insight about their responsibility for the behavior, learn about the impact of the behavior on the Complainant and the community, and may impose a combination of sanctions.
The potential sanctions for a violation of the Policy, as set forth in the Outcomes and Sanctions set forth in Code of Conduct, could include: Deferred Sanction Statuses, Disciplinary Probation, Removal from Campus Housing, Housing Relocation, Housing Lottery Restriction, No Contact Order, Restitution, Suspension, and Expulsion. Any Student found responsible for Sexual Assault involving Sexual Intercourse will face a minimum sanction of suspension or expulsion.
Notification of Outcome: The Complainant and Respondent will be notified simultaneously in writing with an Outcome Letter (which may include email) within five (5) business days following the hearing. The Outcome Letter will set forth the violation(s) of the Policy for which the Respondent was found responsible or not responsible; the rationale for the finding; any sanction(s) imposed against the Respondent; and the rationale for any sanction(s) imposed. The Outcome Letter may also identify protective measures implemented with respect to the Respondent. The Outcome Letter will not disclose any remedial measures provided to the Complainant. In order to protect the privacy of the parties, the College will make reasonable efforts to maintain confidentiality of the Outcome Letter and materials related to the investigation, subject to release by court order, search warrant or subpoena.
C. Appeal
The Complainant or Respondent may appeal the determination by submitting a written appeal within five (5) business days of the date of the Outcome Letter to a senior administrator designated in the Outcome Letter. The designated senior administrator will have appropriate training and experience and will serve as an impartial decision-maker. The written appeal must include the specific grounds for the appeal and any information or argument in support of the appeal. Grounds for an appeal are limited to (1) a material procedural error that substantially impacted the outcome, (2) previously unavailable relevant evidence that could affect the outcome; and/or (3) the sanction being substantially disproportionate to the violation.
The senior administrator will make a determination based on the written record. Appeals are not intended to be a de novo review, i.e., they are not intended to be a review from the beginning. The senior administrator can: 1) affirm the findings, or 2) alter the findings only where there is clear error based on the stated appeal grounds. The senior administrator will make a final decision within ten (10) business days of receiving the appeal. This timeframe may be extended for good cause as necessary to ensure the integrity and completeness of the review. Any extension of the timeframe, and the reason for the extension, will be shared with the parties in writing.
D. Effect of a Pending Complaint on a Respondent
If the Respondent withdraws from Hampshire College after a report of a Sexual Misconduct Violation has been received, the College’s Appendix A Procedures will continue to apply to the extent necessary to ensure that the College has taken appropriate steps to eliminate, prevent and address any impacts of the reported conduct. The College will complete the Initial Assessment, and based on the circumstances, the College may move forward with Alternative Resolution or an Investigation and Formal Resolution, regardless of whether the Respondent chooses to participate in the process. In making the determination whether to pursue further action under these Procedures after a Respondent has withdrawn from the institution, the College will consider whether such action is necessary to eliminate, prevent or address any impacts of the reported conduct, or if those goals can be achieved through individual and community remedies or other College action.
When a Respondent withdraws after notice that a Sexual Misconduct Violation has been reported to the College, the Respondent’s transcript may reflect a withdrawal. The College may also withhold a Respondent’s Hampshire College degree and transcripts pending conclusion of the Formal Resolution procedures and pending the fulfillment of any deferred sanction statuses or disciplinary sanctions.
A Complainant may seek Alternative Resolution instead of an investigation and Formal Resolution. The Title IX Coordinator, however, has the discretion to determine whether the nature of the reported conduct is appropriate for Alternative Resolution, to determine the type of Alternative Resolution that may be appropriate in a specific case, and, pursuant to Section V of these Procedures, to refer a report for Formal Resolution at any time. Forms of Alternative Resolution that involve face-to-face meetings between the Complainant and the Respondent, such as mediation (even if voluntary), are not available in cases involving Sexual Assault.
Participation in Alternative Resolution (including any specific form of Alternative Resolution) is voluntary. The College will not compel a Complainant or Respondent to engage in Alternative Resolution, will not compel a Complainant to directly confront the Respondent, and will allow a Complainant or Respondent to withdraw from Alternative Resolution at any time. The College may decline the request for Alternative Resolution in any particular case and may stop an ongoing Alternative Resolution process at any time. Pursuing Alternative Resolution does not preclude later use of Formal Resolution if the Alternative Resolution fails to achieve a resolution acceptable to the parties and the College. Where the Complainant or the Respondent withdraws from Alternative Resolution or Alternative Resolution is otherwise terminated for any reason, any statements or disclosures made by the parties during the course of the Alternative Resolution may be considered in a subsequent investigation and Formal Resolution.
With any form of Alternative Resolution, each party has the right to choose and consult with a supporter. The supporter may be any person, including an attorney, who is not otherwise a party or witness to the reported incident(s). The parties may be accompanied by their respective supporters at any meeting or proceeding held as part of Alternative Resolution. While the supporters may provide support and advice to the parties at any meeting and/or proceeding, they may not speak on behalf of the parties, or in any manner disrupt, such meetings and/or proceedings.
Alternative Resolution may include:
Resolution with the Assistance of a Third Party: A Complainant may seek assistance in informally resolving a reported Sexual Misconduct Violation from the Title IX Coordinator, who can arrange to have a trained representative facilitate a meeting or meetings between the parties. The availability of this form of Alternative Resolution, and any resolution reached through such form of Alternative Resolution, is subject to the agreement of the Title IX Coordinator, the Complainant and the Respondent. This form of Alternative Resolution may not be used where the allegation involves Sexual Assault.
Interventions and Remedies: Alternative Resolution agreements may involve a host of interventions, remedial measures and remedies, such as actions designed to maximize the Complainant’s access to educational, extracurricular, and/or College employment activities; increased monitoring, supervision, and/or security at locations or activities where the Sexual Misconduct Violation occurred or is likely to reoccur; targeted or broad-based educational programming or training for relevant individuals or groups; academic and/or College housing modifications for Student Complainants; workplace modifications for Employee Complainants; one or more of the restorative remedies or other sanctions described in these Procedures; and/or any other remedial or protective measures that can be tailored to the involved individuals to achieve the goals of the Policy.
Any form of Alternative Resolution and any combination of interventions and remedies may be utilized. If an agreement acceptable to the College, the Complainant, and the Respondent is reached through Alternative Resolution, the terms of the agreement are implemented and the matter is resolved and closed. If an agreement is not reached, and the Title IX Coordinator determines that further action is necessary, or if a Respondent fails to comply with the terms of the Alternative Resolution, the matter may be referred for an investigation and Formal Resolution under these Procedures.
The Title IX Coordinator will maintain records of all reports and conduct referred for Alternative Resolution, which typically will be completed within forty-five (45) calendar days.
The College shall retain all records relating to reported Sexual Harassment Violations for a period of seven (7) years after the date the report was received, or for at least three (3) years after termination of employment, whichever is later.
Links
[1] https://rainn.org/
[2] https://www.hampshire.edu/housing/resident-advisors
[3] https://www.mtholyoke.edu/campuspolice/victim_assistance
[4] http://www.masslegalservices.org/FindLegalAid
[5] http://www.masslegalhelp.org/domestic-violence
[6] http://www.janedoe.org/find_help/mass_legal_help
[7] http://northwesternda.org/victim-witness-assistance-unit
[8] https://handbook.hampshire.edu/node/251
[9] https://handbook.hampshire.edu/node/291
[10] https://www.masslegalhelp.org/domestic-violence/wdwgfh/chapter6-209a-protective-orders
[11] https://handbook.hampshire.edu/node/208