Suffolk Law Student Handbook 2019-2020

Additionally, Massachusetts law imposes a duty to report on teachers (faculty), educational administrators, mental health professionals, counselors, clergy and law enforcement to report certain crimes involving minors, and abuse, to appropriate officials. Suffolk’s protocol is that all employees shall report all suspected child abuse (physical and emotional), sexual abuse of minors, and criminal acts involving minors to the SUPD immediately and without delay. SUPD is the University’s designated agent in charge for state mandated reporting. Clery Act reporting of offenses for statistical purposes occurs whether victims are minors or adults.

Whether involving a student or non-student, the University, the Title IX Coordinator, and/or privileged and confidential personnel also may be required to report sexual misconduct involving a minor to the Mass. Department the of Children and Families. (June 2019)

VI. The University’s Response to a Report of Sexual Misconduct, Relationship Violence and Stalking

A. Interim Measures in All Situations

When the University receives a complaint of prohibited conduct, the University will notify the Complainant of their Title IX rights and any available resources, such as victim advocacy, a no contact order, housing, dining and on-campus employment assistance, academic support, escort services, counseling, disability services, health services, and legal assistance, and the right to report a crime to campus or local law enforcement. The University will also notify the Respondent of their options for interim measures as well. The specific interim measures implemented and the process for implementing those measures will vary depending on the facts of each case. The University will consider a number of factors in determining what interim measures to take, including, for example, the specific need(s) expressed; the severity or pervasiveness of the alleged prohibited conduct; any continuing effects on the Complainant; whether the Complainant and Respondent share the same class(es), residence hall, dining hall, co-curricular activities, or employment situation; and whether legal measures have been taken by the Complainant (e.g., civil protection orders).

Even when a party does not specifically request that protective action be taken, the University may impose interim measures at its discretion to ensure the safety of any individual, the safety of the broader University community, or the integrity of the investigation process.

B. Determining the Investigation Approach

Upon report of prohibited conduct to the Director of Title IX Compliance, whether directly from a Complainant or from another source, such as a Responsible Employee, Title IX requires the University to take prompt, reasonable action in response to the information received. The Director of Title IX Compliance must assess and determine whether there is sufficient basis to initiate a Title IX investigation or take other steps to address the effects of the alleged prohibited conduct on the impacted party and the University community and prevent its recurrence. The Director of Title IX Compliance, or designee, will meet with the impacted party, when possible, to provide information about a Title IX investigation. Before beginning an investigation, the Director of Title IX Compliance, or designee, will contact the impacted party and request consent from the impacted party to proceed to an investigation. An investigation may still go forward even if the impacted party refuses consent, if appropriate, subject to a balancing test of the following factors:

 The seriousness of the alleged misconduct, including whether a weapon was involved;  The impacted party’s age;

130