Suffolk Law Student Handbook 2019-2020

example only, and it is not intended to be exhaustive. In addition to the sanctions/discipline set forth in Appendix B for students, a responsible finding for violating the policy may result in forfeiture of all University scholarships, financial aid, or monies paid.

In determining Sanction(s)/Discipline, all relevant information, including, but not limited to, the Respondent’s present demeanor, past disciplinary record, the nature of the misconduct, and the severity of any damage, injury, or harm resulting from the misconduct will be considered. Sanction(s)/Discipline do not become effective until the appeals process is completed; however, any interim sanctions/measures imposed remain in effect during the appeal period. The University may, in its discretion and in accordance with applicable student privacy laws, report sanctions to institutions or agencies to which the Respondent is applying or transferring. This includes, but is not limited to professional licensure agencies (including bar authorities), employers, and other educational institutions. Both the Respondent and the Complainant may submit a request to appeal a finding no later than five (5) business days after notification of the finding by the Director of Title IX Compliance. Notification of the finding is deemed to have occurred according to the date on which the written finding is mailed, an e-mail is sent, a telephone conversation takes place, or a written message is delivered advising the parties of this information. A request to appeal by either party shall be submitted in writing to the Director of Title IX Compliance. A request for appeal will be considered only for (1) a failure to follow the process or procedures outlined in the policy that significantly impacted the outcome; or (2) 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 written 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. XIII. Appeal

The Dean of Students of the College of Arts & Sciences and Sawyer Business School or the Law School Dean of Students, or their designee shall act as the appeal officer.

After reviewing the written appeal(s), written statement(s), and associated report, the appeal officer will take one of the following actions:

1. Reject the appeal as untimely or improper based on the grounds articulated above. 2. Uphold the original decision and/or sanction. 3. Grant the appeal and:

 Remand the matter with specific instructions to the Director of Title IX for further consideration, or, in the rare circumstances in which it would be impractical, improper, or infeasible to remand the matter, grant a new investigation.  If remanded for further investigation, any resulting sanction which has been imposed may be stayed if requested. The original investigator(s) will handle the further investigation, where appropriate.  In rare circumstances, revise the finding from a "not responsible" to a "responsible" finding, or from a "responsible" to a "not responsible" finding. o If the finding of the investigation is revised from a "not responsible" to a "responsible" finding, the appeal officer will either determine the final sanction(s) or remand the case to the Director of Title IX to determine the sanction(s).

134