Suffolk Law Student Handbook 2019-2020

 Whether the misconduct was committed by multiple assailants;  Whether the misconduct included threatening behavior by the harasser or assailant against the impacted party;  Whether there exists prior misconduct complaints about the same individual, including prior arrests or history of violence at another institution; and  Whether the misconduct involves a pattern at a given location or by a particular group. The alleged Respondent’s rights to receive information about the allegations if the information is maintained by the school as an “education record” is under the Family Educational Rights and Privacy Act (FERPA), 20 U.S.C. § 1232g; 34 C.F.R. Part 99.1. In some instances, if the Director of Title IX Compliance does not initiate an investigation, the matter may be referred to another process such as referring to a University administrator (i.e. the Dean of Students or Chief Human Resources Officer to manage a concern on behalf of the Director of Title IX Compliance and in lieu of an investigation under this policy. In some instances, such as where the concern described does not fall within the scope of prohibited conduct, an investigation may not go forward. When a Complainant has made a report of prohibited conduct to a Responsible Employee, the Responsible Employee will try to ensure that the Complainant understands the Responsible Employee’s reporting obligations to the Director of Title IX Compliance. The Director of Title IX Compliance will coordinate the investigation and resolution of all reports of prohibited conduct, including assigning an Investigator(s) to conduct the investigation. The Investigation will include a meeting with the Complainant to inform them of Complaint filing options; determine the name(s) of the parties involved, and the date, location and nature of the prohibited conduct, notify the Complainant of the option of having an Adviser with them at any meeting or interview related to them and the process; identify forms of support or immediate interventions available to the Complainant (referrals for medical treatment and counseling support, referrals to appropriate law enforcement agencies and/or referrals to off-campus resources). The meeting may also involve a discussion of any interim measures that may be appropriate concerning the Complainant’s academic or co-curricular activities, or their living, transportation, dining and employment situation. The Complainant may decline participating in the meeting.

When the Complainant is not a University student, the Director of Title IX Compliance will determine the appropriate person at the University to work with the Complainant to gather information and provide support and any appropriate interim measures.

The Director of Title IX Compliance will ensure prompt and equitable resolutions that comply with all requirements and procedures; conduct climate checks to track and monitor prohibited conduct allegations on campus; and coordinate all training, education, and prevention efforts.

VII. Investigation

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 sexual misconduct 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.

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