Handbook Flip Book Update November 2016

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Victim Rights Law Center (VRLC)

617-399-6720

VRLC is dedicated to serving the legal needs of sexual assault victims. The VRLC provides free

legal services, legal training and technical assistance.

VI.

The University’s Response to a Report of Sexual Misconduct

Interim Measures in All Situations

When the University receives a complaint of Sexual Misconduct, the University will notify the

Complainant of their Title IX rights and any available resources, such as victim advocacy,

housing and on-campus employment assistance, academic support, 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 Complainant of their options for interim

measures to obtain a University no contact order and to change academic and co-curricular

activities or their living, transportation, dining, and employment situation as appropriate.

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 by the Complainant; the severity or pervasiveness of the alleged Sexual Misconduct;

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 measures have been taken to protect the Complainant (e.g., civil protection orders). In

general, when taking interim measures, the University will seek to minimize the burden on the

Complainant.

Even when a Complainant 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.

Determining the Investigation Approach

Upon report of Sexual Misconduct 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. An investigation may still go

forward even if the impacted party refuses consent, if appropriate, subject to the balancing test

provided by the Department of Education, Office for Civil Rights’ April 4, 2011 Dear Colleague

Letter, which states that in such cases, institutions should balance the following factors: