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105

reasonable cause to believe the Policy has been violated, and take appropriate steps to address

the situation including interim measures to protect the Complainant and/or community, and

possible sanctions/discipline against the Respondent. If the Complainant does not wish to pursue

a complaint and/or requests that their report remain confidential, Title IX nevertheless requires

the University to respond and take reasonable action to mitigate the effects of the Sexual

Misconduct, taking into account the Complainant’s request for confidentiality. The Complainant

will be informed that the University’s ability to meaningfully investigate the incident and pursue

disciplinary action against the Respondent(s) may be limited. The Director of Title IX

Compliance will evaluate whether the Complainant’s request for confidentiality can be honored,

taking into consideration the factors and balancing test provided by the Department of Education,

Office for Civil Rights’ April 4, 2011 Dear Colleague Letter, see Section VI; subsection C. If the

Director of Title IX determines that it cannot maintain a Complainant’s confidentiality, the

Complainant will be informed prior to the start of any inquiry or Investigation, to the extent

possible, and information will be shared with individuals responsible for handling the

University’s response. The Complainant will not be required to participate in any Investigation

or disciplinary proceeding. Even if the University cannot issue sanctions or take disciplinary

action against the accused party because of maintaining the confidentiality of the Complainant,

the University reserves the authority to undertake an appropriate inquiry, and implement

reasonably necessary interim measures. If requested by the Complainant, the Respondent will be

informed that the Complainant asked the University not to investigate or seek

sanctions/discipline, but that the University made the decision to go forward.

B. Reporting to University Police and Security

The University encourages reporting of Sexual Misconduct to the Suffolk University Police and

Security Department (SUPD). Complainants have the right to notify or decline to notify law

enforcement. A member of the SUPD is on patrol on campus 24 hours a day, 7 days a week, and

is available to provide assistance to members of the Suffolk Community and Third parties. A

report of Sexual Misconduct may be made at any time, day or night, by contacting SUPD at

(617) 573-8111. University police and security officers are considered Responsible Employees

and will report the incident to the Director of Title IX Compliance.

C. Reporting to the University’s Director of Title IX Compliance

The University has designated the Director of Title IX and Clery Act Compliance [Director of

Title IX] as the Title IX Coordinator. A report of Sexual Misconduct can be made directly to the

Director of Title IX. All Responsible Employees must inform the Director of Title IX if they