Suffolk Law Summer 2019 Student Handbook

outcome; or if new information, not available at the time of the investigation or review process, is now available and the new information could substantially impact the original finding. The appealing party must include a statement of why the additional information should be considered and why it was not presented originally, including the specific process and/or procedure(s) that were allegedly not followed. The request to appeal will be shared with the other party. Disagreement with the sanction(s)/discipline is not grounds for an appeal. The request to appeal will be reviewed by the Director of Title IX Compliance to determine if the appealing party has standing. Ordinarily, the request to appeal will be reviewed and decided within two weeks and the Complainant and Respondent will simultaneously be notified in writing (mail, email, or written message delivered) of the outcome of the request to appeal. The decision issued on the request to appeal is final. All interim sanction(s)/discipline imposed by the Director of Title IX Compliance will be in effect while the request to appeal is under consideration. If the Director of Title IX Compliance issues a decision to allow the appeal and re-open the investigation, the original investigator(s) will handle the re-opened investigation, where appropriate. If the basis for the appeal creates a conflict for the original investigator(s) and/or the Director of Title IX Compliance, the appeal will be forwarded for reconsideration by a panel of three administrators and/or staff, chosen by the Director of Title IX Compliance to decide a finding. The decision of this panel will be issued within two weeks and the parties will be notified simultaneously in writing (mail, email, or written message delivered) of the outcome. The decision of this panel is not appealable. APPENDIX A: Definitions Relevant to the Policy on Sexual Misconduct Affirmative Consent: Consent which must be informed, voluntary, and active, meaning that, through the demonstration of clear words or actions, a person has indicated permission to engage in mutually agreed –upon sexual activity. Whoever initiates sex has the responsibility to ask for and receive permission. Participants are encouraged to talk to one another before engaging in sexual activity to avoid a misunderstanding. (See Section IV, A of the Policy on Sexual Misconduct for a more thorough discussion).

Complaint: A request that the University take action to investigate and resolve an allegation that a student has violated the Policy On Sexual Misconduct.

Complainant: A person who has made a report of Sexual Misconduct to a Responsible Employee, University Title IX Coordinator, or University Police and Security, and submitted a

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