Suffolk Law Student Handbook

The Investigation will be conducted through the use of one or more internal and/or external Investigators appointed by the Director of Title IX Compliance and trained in Sexual Misconduct investigations. The Investigation will include interviews of the Complainant, Respondent, and any witnesses by the Investigators. The Investigation will include the gathering of any physical, documentary, or other relevant and available evidence. As part of the investigation, the University will provide an opportunity for all parties to present written statements, identify witnesses and submit other evidence. Student-witnesses may be required to cooperate with the Investigation regardless of the parties’ selection of witnesses. The Investigator(s) will prepare a written report at the conclusion of an Investigation. Before the report is finalized, the Complainant and Respondent will be given the opportunity to review their own statements and, to the extent appropriate, to honor due process and privacy considerations, the Complainant and Respondent may also be provided with a written or oral summary of other information collected during the Investigation. The Complainant or Respondent must submit any comments about their own statement, or on any investigation summary that might be provided, to the Investigator(s) within five (5) business days after that statement or summary was provided. Following the receipt of any comments submitted, or after the five (5)-day comment period has lapsed without comment, the Investigator(s) will address any identified factual inaccuracies or misunderstandings, as appropriate, and then finalize their report. The Investigator(s) will present the written report, including a summary of the Investigation, their findings with respect to responsibility for conduct violations, and a summary of their rationale in support of the findings, to the Director of Title IX Compliance. The Investigator(s) will make a recommendation to The Director of Title IX Compliance regarding whether or not there was a policy violation. Upon review of the Investigation report and findings the Director of Title IX Compliance will determine if a violation of the Sexual Misconduct Policy has occurred and if so, the appropriate sanction(s) and remedies. Both parties will be notified in writing of the determination of the Director of Title IX Compliance. The determination of whether there is a violation and what, if any sanctions shall apply, is solely within the discretion of the Director of Title IX Compliance. The Director of Title IX Compliance reserves the right to consult with other University administrators when determining and imposing sanctions. The anticipated resolution of a Complaint is 60 days from the date that the Complaint is made to the Director of Title IX Compliance. The resolution process may take longer and every effort will be made to inform the Complainant and Respondent of time delays.

113