Questions or comments? Contact the dean of students office at deanofstudents@hampshire.edu.
The Hampshire College Sexual Misconduct, Relationship Violence, & Stalking Policy applies to all students, employees, and third parties of Hampshire College. Hampshire College remains committed to addressing any violations of its policies, even those not meeting the narrow standards defined under the Title IX Final Rule. This policy defines certain behavior as a violation of campus policy. To the extent that alleged misconduct falls outside the Title IX Grievance Policy, or misconduct falling outside the Title IX Grievance Policy is discovered in the course of investigating covered Title IX misconduct, the institution retains authority to investigate and adjudicate the allegations under these policies and procedures.
Effective: Academic year 2020/2021
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 to others. The College seeks to maintain a safe learning, living, and working environment. To that end, the College and this policy prohibit Sexual Misconduct, an umbrella term that encompasses a broad range of behavior including Sexual Assault, Sexual Exploitation, and Sexual or Gender-Based Harassment; Relationship Violence (also known as Dating Violence, Domestic Violence or Intimate Partner Violence); Stalking; Complicity; and Retaliation against an individual for making a good faith report of conduct prohibited under this policy (collectively, “Sexual Misconduct Violations”). These forms of Sexual Misconduct Violations are unlawful, undermine the character and purpose of the College, and will not be tolerated. These forms of Sexual Misconduct Violations are a subset of the behaviors prohibited for students under the Hampshire College Student Handbook and for employees under the Employee Policy Manual and the Faculty Handbook.
This policy has been developed to reaffirm these principles and to provide recourse for those individuals whose rights have been violated. This policy is intended to define community expectations and to establish a mechanism for responding when those expectations have been violated. Violations of this policy will be addressed by the accompanying procedures in Appendices A (Resource Guide and Procedures for Reports against Students) and B (Resource Guide and Procedures for Reports Against Employees).
Hampshire College adopts this policy with a commitment to: (1) eliminating, preventing, and addressing the effects of Sexual Misconduct Violations; (2) fostering a community of trust in which Sexual Misconduct Violations are not tolerated; (3) cultivating a climate where all individuals are well-informed and supported in reporting Sexual Misconduct Violations; (4) providing a fair and impartial process for all parties, and (5) identifying the standards by which violations of this policy will be evaluated and disciplinary action may be imposed. This policy defines Sexual Misconduct Violations; outlines available resources and reporting options available to students and employees; and references the applicable investigative and disciplinary procedures (Appendices A and B). Hampshire College will take prompt and equitable action to eliminate Sexual Misconduct Violations, prevent their recurrence and address their effects. The College also conducts prevention, awareness, and training programs for students and employees to facilitate the goals of this policy.
Hampshire College does not discriminate on the basis of race, age, sex, sexual orientation, gender, gender identity, gender expression, genetic information, religion, national origin, disability, previous military service or any other protected category in the admission of students, employment, access or treatment in its programs and activities or the administration of its educational and employment policies. Discrimination or harassment on the basis of these factors is in direct conflict with the mission of the College and strictly prohibited.
This policy is designed to comply with applicable legal requirements including Title IX of the Education Amendments of 1972 (“Title IX”); relevant provisions of the Violence Against Women Reauthorization Act of 2013 (“VAWA”); Title VII of the Civil Rights Act of 1964 (“Title VII”); the Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act (“Clery Act”); and, the laws of the Commonwealth of Massachusetts.
Other forms of discrimination, including discrimination based on race, religion, and disability, as well as any other form of sex-based discrimination not covered by this policy, are addressed by: (1) the Non-Discrimination and Anti-Harassment Policy for Employees, (2) the Faculty Handbook, and (3) the Non-Discrimination and Anti-Harassment Policy for Students. This policy supersedes any conflicting provision contained in those policies. Where Sexual Misconduct Violations violate this policy and also violate any other College policies, the College’s response will be governed by the procedures referenced in this policy and explained in its Appendices A and B, provided that this does not cause undue delay in prompt resolution of a report under this policy. For questions about which policy applies in a specific instance, please contact Hampshire College’s Title IX coordinator, Zauyah Waite at 413.559.5412.
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.
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 [1](for reports against Hampshire College students) and Appendix B [2] (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. [1]”
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. [2]”
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 [2] 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:
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:
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.
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.
A Student or Employee determined by Hampshire College to have committed a violation of this policy is subject to disciplinary action, up to and including separation from Hampshire College. Five College interchange students and employees and third parties who violate this policy may have their relationship with the College terminated and/or their privilege of being on College premises withdrawn.
Hampshire College is committed to protecting the privacy of the parties involved in a report under this policy, and will respect the wishes of the Complainant to the extent possible without impeding its investigation and/or its ability to end harassment and eliminate a hostile environment. The College is also committed to providing assistance to help Complainants make informed choices. All parties have the right to decline to participate in the College’s investigation and hearing processes at any time, with the understanding that the College will only be able to take action on the information available through the exercise of reasonable care. It is expected that any materials and information prepared or obtained under the investigation process will be shared with those parties who have a legitimate need to know consistent with law and policy. Disclosure of such information may also be made necessary if permissible by law and the Title IX Coordinator determines in their judgment that disclosure is necessary for the safety and well-being of the Hampshire College community.
A. DISTINCTION BETWEEN PRIVACY AND CONFIDENTIALITY
Privacy and confidentiality have distinct meanings under this policy.
Privacy: Privacy generally means that information related to a report of misconduct will be shared with a limited circle of individuals who “need to know” in order to assist in the active review, investigation, resolution of the report, and related issues. All Hampshire College employees who are involved in Hampshire’s Title IX response receive specific training and guidance about safeguarding private information in accordance with applicable laws.
The privacy of Student education records will be protected in accordance with the Family Educational Rights and Privacy Act (FERPA). The privacy of an individual’s medical and related records generally are protected in the United States by the Health Insurance Portability and Accountability Act (HIPAA), excepting health records protected by FERPA.
Confidentiality: Confidentiality exists in the context of laws that protect certain relationships, including with medical and clinical care providers (and those who provide administrative services related to the provision of medical and clinical care), mental health providers, counselors, and ordained clergy, all of whom may engage in confidential communications under Massachusetts law. The college has designated individuals who have the ability to have privileged communications as “Confidential Employees.” When information is shared by an individual with a Confidential Employee or a community professional with the same legal protections, the Confidential Employee cannot reveal the information to any third party except when an applicable law or a court order requires or permits disclosure of such information. For example, information may be disclosed when: (i) the individual gives written consent for its disclosure; (ii) there is an imminent threat of the individual causing serious harm to self or others; (iii) the information concerns conduct involving suspected abuse or neglect of a minor under the age of 18 [7], which must be reported to the Massachusetts Department of Children and Families’ Child Protection Hotline at 1-800-792-5200 or (iv) as otherwise required or permitted by law or court order, including reporting felony crimes to State Police.
B. EMPLOYEE RESPONSIBILITY TO REPORT DISCLOSURES OF INFORMATION ABOUT SEXUAL MISCONDUCT VIOLATIONS
It is important to understand the different responsibilities of Hampshire College Employees. Every Hampshire College Employee is designated as a “Responsible Employee”, a “Confidential Employee” or a “Private Employee.”
A “Responsible Employee” is any Employee who is not a Confidential or Private Employee. A Responsible Employee 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. Responsible Employees include Resident Advisors, Teaching Assistants, EMTs, and all other student-employees when disclosures are made to any of them in their capacities as employees. If a Complainant requests (a) that personally-identifying information not be shared with the Respondent, (b) that no investigation be pursued, and/or (c) that no disciplinary action be taken, the College will seek to honor this request unless there is a health or safety risk to the Complainant or to any member of the College community. Section VII.A. of the Policy provides additional information about remedial and protective measures.
Responsible Employees are not required to report information disclosed (1) at public awareness events (e.g., “survivor speak-outs”, candlelight vigils, protests, or other public forums in which students may disclose Sexual Misconduct Violations; collectively “Public Awareness Events”; or (2) during an individual’s participation as a subject in an Institutional Review Board-approved human subjects research protocol (“IRB Research”). The College may provide information about Title IX rights and about available College and community resources and support at Public Awareness Events, however, and Institutional Review Boards may, in appropriate cases, require researchers to provide such information to all subjects of IRB research.
A “Confidential Employee” is (1) any Employee who is a licensed medical, clinical, or mental-health professional (e.g. physicians, nurses, physician’s assistants, psychologists, psychiatrists, professional counselors and social workers, and those performing services under their supervision), when acting in that professional role in the provision of services of a patient who is a Student; and (2) any Employee providing administrative, operational and/or related support for such health care providers in their performance of such services. A Confidential Employee will not disclose information about Sexual Misconduct Violations to the College’s Title IX Coordinator without the individual’s permission (subject to the exceptions set forth in the Confidentiality section of this policy).
Private Employees: Are a small subsection of Responsible Employees who have the ability to receive reports and share information with the Title IX Coordinator in a manner that preserves the anonymity of the Complainant. In order to foster increased reporting, Hampshire has designated these individuals as reporting options. In turn, these resources are permitted to share the report with the Title IX Coordinator in a manner that initially excludes personally identifiable information about the Complainant or witness. In the event that the resource and/or the Title IX Coordinator determine that the reported conduct poses a potential threat to the health or safety of any campus community member, the resource may be required to share personally identifiable information. This manner of reporting may help inform the Title IX Coordinator of the general extent and nature of sexual violence on and off campus so the Coordinator can track patterns, evaluate the scope of the problem, and formulate appropriate campus-wide responses. Without the sharing of personally-identifiable information, however, the Title IX Coordinator’s ability to respond may be limited. In addition, unlike Confidential Employees, who have statutorily-protected legal confidentiality, records maintained by these resources may be subject to release by court order, search warrant or subpoena.
Clery Act Reporting: Pursuant to the Clery Act, Hampshire College includes statistics about certain offenses in its daily crime log and annual security report and provides those statistics to the United States Department of Education, but does so in a manner that does not include any identifying information about persons involved in an incident. The College will also assess a report of misconduct for the need to issue a timely warning under the Clery Act. If a report of misconduct discloses a serious and continuing threat to the campus community, where timely notice must be given to protect the health or safety of the community, the College is required to issue a timely notification to the community under the Clery Act. The timely warning will not provide any identifying information about the Complainant.
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 [1] or Appendix B [2], 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 (“DOS”) office 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 DOS 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. DOS office 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:
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 DOS 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 [10].
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 [11].
C. REPORTING
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:
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:
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.
Consent is:
Consent cannot be obtained by Force. Force includes 1. the use of physical violence, 2. threats, 3. intimidation, and/or 4. coercion.
Consent cannot be gained by taking advantage of the incapacitation of another, where the person initiating sexual activity knew or reasonably should have known that the other was incapacitated. Incapacitation means that a person lacks the ability to make informed, rational judgments about whether or not to engage in sexual activity.
A person who is incapacitated is unable, temporarily or permanently, to give Consent because of mental or physical helplessness, sleep, unconsciousness, or lack of awareness that sexual activity is taking place. Mentally helpless means a person is incapable of appraising or controlling one’s own conduct. Physically helpless means a person is physically unable to communicate willingness or unwillingness to an act. A person may be incapacitated as a result of the consumption of alcohol or other drugs, even where voluntary, or due to a temporary or permanent physical or mental health condition.
The College offers the following guidance on Consent and assessing Incapacitation:
A person who wants to engage in a specific sexual activity is responsible for obtaining Consent for that activity. Lack of protest, lack of resistance, and silence and/or passivity do not constitute Consent. Relying solely on non-verbal communication before or during sexual activity can lead to misunderstanding and may result in a violation of this policy. It is important to not make assumptions about whether a potential partner is consenting. In order to avoid confusion or ambiguity, participants are encouraged to talk with one another before engaging in sexual activity. If confusion or ambiguity arises during sexual activity, participants should stop and clarify a mutual willingness to continue that activity.
Consent to one form of sexual activity does not, by itself, constitute Consent to another form of sexual activity. In addition, Consent to sexual activity on a prior occasion does not, by itself, constitute Consent to future sexual activity. In cases of prior or ongoing relationships, the manner and nature of prior communications between the parties and the context of the relationship may have a bearing on evaluating the presence of Consent, but any sexual activity must still be mutually agreed-upon.
Consent may be withdrawn at any time. An individual who seeks to withdraw Consent should communicate, through clear words or actions, a decision to cease the sexual activity. Once Consent is withdrawn, the sexual activity must cease immediately.
In evaluating Consent in cases of alleged incapacitation, the Colleges asks two questions:
If the answer to either of these questions is “YES,” Consent was absent and the conduct is likely a violation of this policy.
Incapacitation is an extreme form of intoxication. Incapacitation can also be caused by certain medical conditions. A person is not necessarily incapacitated merely as a result of ingesting alcohol or other drugs. The impact of alcohol and other drugs varies from person to person; each individual may have a different level of tolerance or metabolism. One is not expected to be a medical expert in assessing incapacitation. Instead, one must look for the common and obvious warning signs that show that a person may be incapacitated or approaching incapacitation. A person’s level of intoxication can change rapidly, and a person can reach incapacitation within a short time span. Although every individual may manifest signs of incapacitation differently, typical signs include slurred or incomprehensible speech, unsteady gait, combativeness, emotional volatility, vomiting, or incontinence. A person who is incapacitated may not be able to understand some or all of the following questions: “Do you know where you are?” “Do you know how you got here?” “Do you know what is happening?” “Do you know whom you are with?”
The introduction of alcohol or other drugs may create ambiguity for all involved as to whether Consent has been sought or given. If one has doubt about either party’s level of intoxication, the safe thing to do is to forego all sexual activity.
Being impaired by alcohol or other drugs is not a defense to any violation of this policy.
Conduct under this policy is prohibited regardless of the sexual orientation, gender, gender identity, or gender expression of the Complainant or Respondent. Sexual Misconduct Violations include the following specifically defined forms of behavior: Sexual Assault, Sexual Exploitation, Relationship Violence, Stalking, Sexual or Gender-Based Harassment, Complicity, and Retaliation.2
2 These forms of Sexual Misconduct Violations are a subset of the behaviors prohibited for students under the Norms for Community Living in the Student Handbook.
A. Sexual Assault 3
3 The College uses the term Sexual Assault to refer to a broad range of behavior. These behaviors may also meet the criteria for statutorily-defined terms in the penal code, including rape.
Sexual assault consists of 1. Sexual Contact and/or, 2. Sexual Intercourse that occurs without, 3. Consent.
1. Sexual contact is:
Sexual Contact includes (a) intentional touching of the breasts, buttocks, groin or genitals, whether clothed or unclothed, or intentionally touching another with any of these body parts; and (b) making another touch you or themselves with or on any of these body parts.
2. Sexual intercourse is:
Sexual Intercourse includes (a) vaginal penetration by a penis, object, tongue, or finger; (b) anal penetration by a penis, object, tongue, or finger; and (c) any contact, no matter how slight, between the mouth of one person and the genitalia of another person.
3. Consent is:
Please see section VIII for the complete definition of Consent [17].
B. Sexual Exploitation
Sexual Exploitation is purposely or knowingly doing any of the following:
C. Relationship Violence 4
4 Relationship Violence includes “dating violence” and “domestic violence” as defined by VAWA.
Relationship Violence, also referred to as Dating Violence, Domestic Violence or Intimate Partner Violence, includes any act of violence or threatened act of violence against a person who is, or has been involved in, a sexual, dating, domestic or other intimate relationship with that person. The College will evaluate the existence of an intimate relationship based upon the Complainant’s statement and taking into consideration the length of the relationship, the type of relationship, and the frequency of interaction between the persons involved in the relationship.
Relationship Violence can encompass a broad range of behavior, including, but not limited to, physical or sexual violence or emotional/psychological abuse and economic abuse in the form of threats, assault, property damage or other violence. Relationship Violence affects individuals of all genders, gender identities, gender expressions, and sexual orientation and does not discriminate by racial, social, or economic background. Relationship Violence may include any form of Sexual Misconduct Violation under this policy.
Physical violence is the intentional use of physical force with the potential for causing death, disability, injury, or harm. Physical violence includes, but is not limited to, scratching; pushing; shoving; throwing; grabbing; biting; choking; shaking; aggressive hair pulling; slapping; punching; hitting; burning; use of a weapon; and use of restraints or one’s body, size or strength against another person. Physical violence also includes coercing other people to commit any of the above acts.
Emotional/Psychological abuse involves a persistent pattern or prolonged climate of dominating or controlling behavior, often involving the use of verbal and non-verbal communication with the intent to harm another person mentally or emotionally, and/or to exert control over another person. Emotional/Psychological abuse can include expressive aggression (e.g., name-calling, humiliating); coercive control (e.g., limiting access to transportation, money, friends, and family; excessive monitoring of whereabouts); threats of physical or sexual violence, control of reproductive or sexual health (e.g., refusal to use birth control; coerced pregnancy termination); exploitation of perpetrator’s vulnerability; and presenting false information with intent of making them doubt their own memory or perception (e.g., mind games).
D. Stalking
Stalking occurs when a person engages in a course of conduct directed at a specific person under circumstances that would cause a reasonable person to fear bodily injury or experience substantial emotional distress.
Course of conduct means two or more acts including but not limited to unwelcome acts in which the stalker directly, indirectly, or through third parties, by any action, method, device, or means, follows, monitors, observes, surveils, threatens, or communicates to or about a person, or interferes with a person’s property. Substantial emotional distress means significant mental suffering or anguish.
Stalking includes “cyber-stalking,” a particular form of stalking in which a person uses electronic media such as the internet, social networks, blogs, cell phones, texts, or other similar devices or forms of contact.
Examples include but are not limited to:
E. Sexual or Gender-Based Harassment
Sexual Harassment is any unwelcome sexual advance, request for sexual favors, or other unwanted conduct of a sexual nature, whether verbal, non-verbal, graphic, physical, or otherwise, when one or more of the following conditions outlined in (1) and/or (2), below, are present.
Gender-Based Harassment includes harassment based on gender, sexual orientation, gender identity, or gender expression, which may include acts of aggression, intimidation, or hostility, whether verbal or non-verbal, graphic, physical, or otherwise, even if the acts do not involve conduct of a sexual nature, when the conditions outlined in (1) and/or (2), below, are present.
(1) Submission to or rejection of such conduct is either an explicit or implicit term or condition of an individual’s employment, academic standing, evaluation of academic work or advancement in an academic program, or is used as the basis for College decisions affecting the individual (often referred to as “quid pro quo” or “this for that” harassment);
(2) Such conduct creates a hostile environment. A “hostile environment” exists when the conduct has the purpose or effect of unreasonably interfering with an individual’s learning, working, or living environment, or limiting or depriving an individual of the ability to participate in or benefit from the College’s educational program and/or activities. Conduct must be deemed severe, pervasive, or persistent as to create an intimidating, threatening, abusive, hostile, humiliating or sexually offensive learning, working, or living environment under both an objective (a reasonable person’s view) and subjective (the Complainant’s view) standard.
In evaluating whether a hostile environment exists, the College will consider the totality of the known circumstances, including, but not limited to:
5 In making this evaluation, the College should carefully consider its obligation to protect and uphold academic freedom and freedom of speech. Title IX does not reach curriculum or in any way prohibit or abridge the use of particular textbooks or curricular materials. See 28 C.F.R. § 54.455; 34 C.F.R. § 106.42. Furthermore, OCR’s 2001 Guidance stated, “Title IX is intended to protect students from sex discrimination, not to regulate content of speech… [T]he offensiveness of a particular expression as perceived by some students, standing alone, is not a legally sufficient basis to establish a sexually hostile environment under Title IX.” Department of Education, Office for Civil Rights, Revised Sexual Harassment Guidance (2001) at 22. See also OCR Dear Colleague Letter on the First Amendment, July 28, 2003 (explaining that “OCR’s regulations should not be interpreted in ways that would lead to the suppression of protected speech on public or private campuses.”).
In addition, conduct does not have to be directed at a particular person to constitute Sexual or Gender-based Harassment.
Examples of conduct that may constitute Sexual or Gender-Based Harassment include but are not limited to:
Bullying is the repeated use by one or more people of a written, verbal or electronic expression or a physical act or gesture or any combination thereof, directed at a another person that: (i) causes physical or emotional harm to the victim or damage to the victim’s property; (ii) places the victim in reasonable fear of harm to self or of damage to personal property; (iii) creates a hostile environment at the College for the victim; (iv) infringes on the rights of the victim at the College; or (v) materially and substantially disrupts the education process or the orderly operation of the College.
Hazing is any conduct, including methods of initiation into student organizations, which willfully or recklessly endangers the physical or mental health of any person. Such conduct shall include whipping, beating, branding, forced calisthenics, exposure to the weather, forced consumption of any food, liquor, beverage, drug or other substance, or any other brutal treatment or forced physical activity which is likely to adversely affect the physical health or safety of any person, or which subjects the person to extreme mental stress, including extended deprivation of sleep or rest or extended isolation.
F. Complicity
Complicity is any act taken with the purpose of aiding, facilitating, promoting or encouraging the commission of a Sexual Misconduct Violation by another person.
G. Retaliation
It is a violation of College policy to retaliate in any way against an individual or a group because the individual or group made a good faith report concerning a violation of this Policy, was the subject of a report, or otherwise participated in the College’s investigation of such a report. Retaliation includes threatening, intimidating, harassing or any other conduct that would discourage a reasonable person from engaging in activity protected under this policy. Any individual who believes they have been the subject of relation should immediately report their concerns to the Title IX Coordinator. The College will take immediate and appropriate action to any report of retaliation and may pursue disciplinary action as appropriate. Retaliation may be present even where there is a finding of “no responsibility” on the allegations of a Sexual Misconduct Violation. Retaliation does not include good faith actions lawfully pursued in response to a report of a Sexual Misconduct Violation.
Behavior that violates this policy also may violate the laws of the local jurisdiction in which the incident occurred and subject a Respondent to criminal prosecution by the presiding authority.
Massachusetts General Laws describe prohibited Sex Offenses in chapters 265 and 272, and prohibited Stalking Offenses in Ch. 265 § 43 and Ch. 269 § 14A. Students and Employees studying, working, or engaging in other activities at locations outside of Massachusetts are governed by the applicable laws regarding sexual assault and other criminal offenses implicated by this policy. Behavior that violates this policy also may subject a Respondent to civil liability.
A. Prohibited Sexual or Romantic Relationships between Students and College or Third Parties Employees
B. Relationships Between Employees
In cases where a consensual sexual or romantic relationship exists between Employees who hold unequal positions of authority, it is important that the person in the position of greater authority does not exercise any supervisory or evaluative function over the other person in the relationship. Accordingly, if this dynamic exists, the Employees in the relationship shall notify Human Resources to evaluate the situation and ensure that alternate supervisory or evaluative arrangements are put in place. The College will protect Employee privacy but reserves the right to share information with individuals who may have a need to know about the relationship in order to make alternative supervisory arrangements in compliance with this policy.
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.
The College is committed to the prevention of Sexual Misconduct, Relationship Violence, and Stalking through education and awareness programs. Incoming students and new employees receive primary education and prevention training as part of their orientation, and returning employees and students receive ongoing training and related programs.
The College has designated the Title IX coordinator and deputy Title IX coordinators with oversight of providing education, prevention and training programs as required by Title IX, Clery and VAWA, which is primarily conducted out of our Prevention & Education Office. The Prevention & Education Office supports the Hampshire community in addressing these educational needs through awareness building activities across campus and through a variety of educational opportunities to engage in dialogue and learning about sexual harm.
Resources and referrals are available within the office of Prevention & Education. This includes non-clinical confidential support for Title IX related areas; which can be accessed by reaching out to Jenny Kurtz at jmkSA@hampshire.edu [18].
The Hampshire College's campus safety and wellbeing [19] office is another resource that offers safety information including: locations of call boxes and 911 telephones, transportation services, programs and workshops offered by campus safety & wellbeing staff on sexual assault prevention, and general safety tips.
Examples of prevention and education programs for students include:
The College is committed to maintaining an education and employment environment free from harassment and discrimination and offers regular and ongoing education and awareness programs through the Prevention & Education Office. For more information, reach out to Jenny Kurtz at jmkSA@hampshire.edu [18].
Employee training on responsible reporting for sexual assault, relationship violence, and harassment, and College policies and procedures, is provided to new employees as part of their orientation and it is expected that continuing employees receive this training once a year. For more information on employee training, contact Zauyah Waite, Title IX coordinator at zwsa@hampshire.edu [12] and Jenny Kurtz at jmkSA@hampshire.edu [18].
Non-Discrimination and Anti-Harassment Policy and Complaint Procedures for Students [20] located in the Student Handbook.
Non-Discrimination and Anti-Harassment Policy and Complaint Procedures for Employees [21] located in the Employee Policy Manual.
Faculty Handbook. [22]
Student Code of Conduct, Norms, and Policies. [23]
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 [31], 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 [32] 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 [33]. These Protective Orders [33]may be issued if the judge or magistrate believes that there is an immediate threat to health or safety.
“Protective Orders [33]” 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.
1 In some instances, these procedures may be used to investigate and respond to reports against Third Party Respondents when the College has sufficient disciplinary authority over the Respondent. Based on the contractual relationship between the College and the Third Party Respondent, the College may modify these procedures as appropriate with written notice to the Complainant and Respondent.
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 an Employee as a Respondent is reported to Hampshire College (“Procedures”). The procedures in Appendix B may also be used to investigate and resolve violations of Policy involving a Third Party as a Respondent, depending on the nature of the relationship of the Third Party to the College, as determined by the Title IX Coordinator (See Policy Section III.E.). 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
Medical Assistance: An individual who experiences sexual assault or any other form of interpersonal violence is strongly encouraged to seek immediate medical attention at one of these locations:
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 and Third Parties may access follow-up care through any appropriate health care provider of their choice.
Law Enforcement: All Hampshire community members have the right to report any Sexual Misconduct Violations that may constitute a crime to law enforcement (“Police”). Police have unique legal authority to seek and execute search warrants, to collect forensic evidence that may have been left at the scene or at other relevant locations, to obtain cell phone and electronic records, and to make an arrest when supported by probable cause to believe a crime has been committed. Police are also able to provide assistance in seeking Emergency Protective Orders (see below).
Crisis Resources (Support and Counseling): All Hampshire community members are urged to seek immediate emotional support after any Sexual Misconduct Violation. There are a number of resources and “hotlines” for crisis counseling, both at the College and in the local community. Some of these resources are able to maintain legally-protected confidentiality (see Section VI of the Policy). Crisis counselors can provide trauma-informed support and offer information about reporting options.
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 coordinators and deputy Title IX coordinators can provide Employees 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 [31] 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 a Sexual Misconduct Violation. 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 for details [32].
Employees should be aware that every employee, including supervisors, managers, and human resources professionals are “Responsible Employees” who are required to report to the Title IX Coordinator all relevant details about a Sexual Misconduct Violation. A Responsible Employee is any College Employee; this includes RAs, TAs, EMTs, and other student employees; who is not a Confidential Employee or Private Employee. This is discussed in detail in Section VI. B. of the Policy.
Upon receipt of a report of a Sexual Misconduct Violation, the College will conduct an initial assessment and take any immediate action that may be necessary to protect the health and safety of the Complainant and the College community, as described in the Procedures below.
The College also offers access to confidential resources for individuals who are unsure about whether to report a Sexual Misconduct Violation or are seeking counseling or other emotional support in addition to (or without) making a report to the College. Section II above identifies confidential resources, both at the College and in the Amherst community. Section VI of the Policy also provides information about confidential resources.
Although there is no time limit for reporting Sexual Misconduct Violations to the College, the College’s ability to respond may diminish over time, as evidence may erode, memories may fade, and Respondents may no longer be affiliated with the College. If the Respondent is no longer a Student or an Employee, the College will provide reasonably appropriate remedial measures, assist the Complainant in identifying external reporting options, and take other reasonable steps to respond under Title IX.
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 HR. HR can assist in setting up an initial meeting with Police. Filing a Police report does not obligate an Employee 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, Employees are 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 the device.
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 [39]. These Protective Orders may be issued if the judge or magistrate believes that there is an immediate threat to health or safety.
“Protective Orders [39]” 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 Coordinators can explain the process for seeking a Protective Order and can escort a Student or Employee 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 Requests 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 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 a Sexual Misconduct Violation: (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 human resources and legal counsel during the assessment. 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 the 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 address 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. Determining Responsibility and Sanctions
C. Notice of Outcome
The Complainant and Respondent will be notified simultaneously in writing with an Outcome Letter (which may include email) from either the VPAA/DOF (for faculty Employees) or the VPFA (for non-faculty Employees) within five (5) business days following the decision. The Title IX Coordinator may also provide written notice to a Third Party Respondent, as appropriate. 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 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.
D. 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.
E. Effect of a Pending Complaint on an Employee or Third Party Respondent
If the Employee Respondent separates employment or Third Party Respondent changes the nature of their relationship with the College for any reason after a report of a Sexual Misconduct Violation has been received, the College’s Appendix B 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 separated 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.
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 (a) in cases involving Sexual Assault, and/or (b) where the Complainant is a Student and the Respondent is an Employee or Third Party in a position of authority over the Complainant.
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://handbook.hampshire.edu/node/249
[2] https://handbook.hampshire.edu/node/250
[3] https://www.amherst.edu/offices/title-ix
[4] https://www.mtholyoke.edu/risk/title-ix-compliance-mount-holyoke-college
[5] https://www.smith.edu/about-smith/title-ix
[6] http://www.umass.edu/titleix/
[7] https://www.mass.gov/files/documents/2016/07/qf/can-mandated-reporters-guide.pdf
[8] mailto:jkurtz@hampshire.edu
[9] https://www.hampshire.edu/rmgSA@hampshire.edu
[10] https://handbook.hampshire.edu/node/273
[11] https://handbook.hampshire.edu/node/261
[12] mailto:zwsa@hampshire.edu
[13] mailto:dwilliams@hampshire.edu
[14] mailto:asurgen@hampshire.edu
[15] mailto:plrSA@hampshire.edu
[16] mailto:cstrycharz@hampshire.edu
[17] https://handbook.hampshire.edu/node/274
[18] mailto:jmkSA@hampshire.edu
[19] https://www.hampshire.edu/student-life/campus-safety-and-wellbeing
[20] https://handbook.hampshire.edu/node/39
[21] https://intranet.hampshire.edu/ifiles/hr-policy-manual-3-18.pdf
[22] https://intranet.hampshire.edu/system/files/faculty-handbook_0.pdf
[23] https://handbook.hampshire.edu/node/43
[24] https://rainn.org/
[25] https://www.hampshire.edu/housing/resident-advisors
[26] https://www.mtholyoke.edu/campuspolice/victim_assistance
[27] http://www.masslegalservices.org/FindLegalAid
[28] http://www.masslegalhelp.org/domestic-violence
[29] http://www.janedoe.org/find_help/mass_legal_help
[30] http://northwesternda.org/victim-witness-assistance-unit
[31] https://handbook.hampshire.edu/node/251
[32] https://handbook.hampshire.edu/node/291
[33] https://www.masslegalhelp.org/domestic-violence/wdwgfh/chapter6-209a-protective-orders
[34] https://handbook.hampshire.edu/node/208
[35] mailto:titleix@hampshire.edu
[36] mailto:zwSA@hampshire.edu
[37] mailto:aksOP@hampshire.edu
[38] mailto:jtHR@hampshire.edu
[39] http://www.masslegalhelp.org/domestic-violence/wdwgfh/chapter6-209a-protective-orders