Nondiscrimination Policy and Grievance Procedures

Suffolk University (“University”) seeks to foster a campus environment that supports its educational mission. The University is committed to providing a safe learning, living, and working environment for all members of the University community that is free from all forms of discrimination and harassment on the basis of race, color, national origin, ethnicity, religion, sex, age, disability, sexual orientation, gender, gender identity, gender expression, genetic information, pregnancy or parenting status, military or veteran status, or any other protected characteristic under federal or state law. To ensure compliance with federal and state civil rights laws and regulations, and to affirm its commitment to promoting the goals of fairness and equity in all aspects of the educational program or activity, the University has developed internal policies and procedures that provide a prompt, fair, and impartial process for those involved in an allegation of discrimination or harassment on the basis of protected class status, and for allegations of retaliation.

The University values and upholds the equal dignity of all members of its community and strives to balance the rights of the parties in the grievance process during what is often a difficult time for all those involved. The University complies with Title II, section 504 of the Rehabilitation Act of 1973 and the Americans Disability Act; Title VI and VII of the Civil Rights Act of 1964; Title IX of the Educational Amendments of 1972 (“Title IX”); Violence Against Women Reauthorization Act of 2013 (“VAWA”); Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act (“Clery Act”), Title VIII of the Civil Rights Act of 1968 (“Fair Housing Act”), and all other applicable state and federal laws.

Prohibited discrimination at Suffolk University includes discrimination based on a person’s actual or perceived identity. This includes discrimination based on the country, world region, or place where a person or their ancestors come from; a person’s limited English proficiency or English learner status; a person’s caste/class; or a person’s actual or perceived shared ancestry or ethnic characteristics, as well as religious membership (such as, but not limited to, Catholic, Hindu, Jewish, Muslim, Rastafarian, and Sikh individuals).

The University prohibits retaliation against individuals who report discrimination or harassment, assist another in reporting a complaint or otherwise participate in an investigation. Accordingly, such behavior is treated seriously and will result in disciplinary action.

In some cases, a complainant may file a report about an incident or conduct that, after review, is found not to be in violation of the University’s non-discrimination policy because the incident or conduct did not relate to a protected class identity. However, in such cases, the incident or conduct will be reviewed in accordance with the appropriate University policies, including student conduct policies.
The University strongly encourages any person who believes they have been subjected to discrimination, harassment, and/or retaliation to report and seek prompt assistance, including medical assistance if necessary.

Additional on and off campus support and resources, including medical assistance, may be accessed via the following links:

How do I report sex-based harassment or discrimination?

How do I report discrimination?

How do I report a hate crime?

How do I report a disability grievance?

This Policy covers nondiscrimination in both employment and access to educational opportunities. Suffolk University does not discriminate against any person on the basis of race, color, national or ethnic origin, national origin, ethnicity, religion, sex, age, disability, sexual orientation, gender, gender identity, gender expression, genetic information, pregnancy or parenting status, military or veteran status or any other characteristic protected under applicable federal or state law in admission to, access to, treatment in, or employment in its programs, activities, or employment.

Therefore, any member of Suffolk University community whose acts deny, deprive, unreasonably interfere with or limit the education or employment, residential and/or social access, benefits, and/or opportunities of any member of Suffolk University community, guest, or visitor on the basis of that person’s actual or perceived protected characteristic(s), is in violation of this Policy.

Suffolk University does not discriminate against any employee, applicant for employment, student, or applicant for admission on the basis of actual or perceived:

• Age (40 years and over in the employment context)
• Citizenship status
• Color
• Creed
• Disability (physical or mental)
• Domestic violence victim status
• Ethnicity
• Family responsibilities
• Gender expression
• Gender identity
• Genetic information (including family medical history)
• Height
• Marital status
• National origin (including ancestry)
• Personal appearance
• Place of business
• Political belief or affiliation
• Pregnancy or related conditions
• Race
• Religion
• Residence
• Sex
• Sexual orientation
• Source of income
• Veteran or military status (including disabled veteran, recently separated veteran, active-duty, wartime, or campaign badge veteran, and Armed Forces Service Medal veteran)
• Weight
• or any other protected characteristic under applicable local, state, or federal law, including protections for those opposing discrimination or participating in any grievance process within the institution, with the Equal Employment Opportunity Commission, United States Department of Education Office for Civil Rights, Massachusetts Commission Against Discrimination, and/or other human/civil rights agency.

This Policy covers nondiscrimination in both employment and access to educational opportunities. Therefore, any member of Suffolk University community whose acts deny, deprive, unreasonably interfere with or limit the education or employment, residential and/or social access, benefits, and/or opportunities of any member of Suffolk University community, guest, or visitor on the basis of that person’s actual or perceived protected characteristic(s), is in violation of this Policy.

Suffolk University will promptly and effectively address any such discrimination of which it has Knowledge/Notice using the resolution process in the Nondiscrimination Policy.

Note: This policy refers to all Coordinators who address discrimination. Sections of this policy pertaining only to Title IX Coordinators are noted as such.

Collectively, these individuals are responsible for providing comprehensive nondiscrimination education and training; coordinating the University ’s timely, thorough, and fair response, investigation, and resolution of all alleged prohibited conduct under this Policy; and monitoring the effectiveness of this Policy and related procedures to ensure an education and employment environment free from discrimination, harassment, and retaliation.

Suffolk University recognizes that allegations under this Policy may include multiple forms of discrimination and harassment as well as violations of other Suffolk University policies; may involve various combinations of students, employees, and other members of Suffolk University community; and may require the simultaneous attention of multiple Suffolk University departments. Accordingly, all Suffolk University departments will share information, combine efforts, and otherwise collaborate, to the maximum extent permitted by law and consistent with other applicable Suffolk University policies, to provide uniform, consistent, efficient, and effective responses to alleged discrimination, harassment, or retaliation.

These employees may be contacted for enforcement of this policy in their respective areas:

For sex discrimination and sex-based harassment allegations involving students and/or employees

Catherine LaRaia, J.D.
Director of Office of Title IX & Celery Act Compliance
73 Tremont Street, 13th floor, room 1326
Boston, MA 02108
[email protected]
[email protected]
Phone: 617-573-8027

For student discrimination and harassment allegations [not based on sex or disability accommodations]

Cherina Wright, Esq.
Assistant Vice President for Student Affairs
Suffolk University
73 Tremont Street, 12th Floor Boston, MA 02108
[email protected]
Phone: 617-573-8157

For student issues involving disability accommodations

Andrew Cioffi
Director, Office of Disability Services
Division of Student Success, Suffolk University
73 Tremont Street, 9th Floor, Boston, MA 02108
[email protected]
Phone: 617-573-8034
Fax: 617-994-4251

For employee issues involving discrimination and harassment

Human Resources
Suffolk University
73 Tremont Street, 11th Floor, Boston, MA 02108
For general inquiries: [email protected]

For employee issues involving disability accommodations

For employee accommodations: [email protected]
For employee leaves: [email protected]

For employee issues involving sex-based harassment and/or discrimination

Catherine LaRaia, J.D.
Director of Office of Title IX & Celery Act Compliance
73 Tremont Street, 13th floor, room 1326
Boston, MA 02108
[email protected]
[email protected]
Phone: 617-573-8027

Concerns about Suffolk University ’s application of this Policy and compliance with certain federal civil rights laws may also be addressed to:

United States Equal Employment Opportunity Commission (EEOC)
JFK Federal Building, Room 475
Government Center
Boston, MA 02203
800-669-4000

Massachusetts Commission Against Discrimination (MCAD)
One Ashburton Place, Room 601
Boston, MA 02108
617-994-6000

United States Department of Education Office for Civil Rights (OCR)
5 Post Office Square, 8th Floor
Boston, MA 02109
Telephone: 617-289-0111
Facsimile: 617-289-0150
TTY: 1-800-877-8339

In accordance with § 106.8 of the Title IX regulations, all employees are required to complete Title IX training on a yearly basis. The Title IX Coordinator, in collaboration with Human Resources, will disseminate the training to all employees and oversee compliance.

Suffolk University policies define an employee as anyone who receives salary and/or benefits from the University. Employees on leave or sabbatical are expected to complete the training within a reasonable period of time upon returning to active status, typically within the first thirty days.

For sex-based discrimination and harassment under Title IX, all Suffolk University faculty and employees (including student-employees), other than those deemed Confidential Employees, are Title IX Mandated Reporters and are expected to promptly report all known details of actual or suspected sex-based discrimination, harassment, and/or retaliation to appropriate officials immediately, although there are some limited exceptions.

Title IX Mandated Reporters are responsible for communicating that supportive measures are available for the Title IX Complainant at the time of disclosure even if no formal action is to be taken.  Title IX Mandated Reporters should inform Complainants that their information will be shared with the Title IX Office and the Title IX Coordinator will contact the Title IX Complainant to offer information and supportive measures.

If a Title IX Complainant expects formal action in response to their allegations, reporting to any Title IX Mandated Reporter can connect them with resources to report alleged crimes and/or Policy violations, and these employees will immediately pass notice to the Title IX Coordinator and/or police, if desired by the Title IX Complainant or required by law, who will act when an incident is reported to them.

Failure of a Title IX Mandated Reporter, as described above in this section, to report an incident of sex-based discrimination, harassment, or retaliation of which they become aware is a violation of Suffolk University Policy and can be subject to disciplinary action for failure to comply/failure to report. This also includes situations when a harasser is a Title IX Mandated Reporter. Such individuals are obligated to report their own misconduct, and failure to do so is a chargeable offense under this Policy.

A Title IX Mandated Reporter who is themselves a target of harassment or other misconduct under this Policy is not required to report their own experience, though they are, of course, encouraged to do so.

The following sections describe Suffolk University ’s reporting options for a Title IX Complainant or third party (including parents/guardians when appropriate):

A. Confidential Employees

To enable Complainants to access support and resources without filing a Complaint, Suffolk University has designated specific employees as Confidential Resources. Those designated by Suffolk University as Confidential Resources are not required to report actual or suspected discrimination, harassment, or retaliation in a way that identifies the Parties. They will, however, provide the Title IX Complainant with the Title IX Coordinator’s contact information and offer options and resources without any obligation to inform an outside agency or Suffolk University official unless a Title IX Complainant has requested the information be shared.

There are three categories of Confidential Employees: 1) Those with confidentiality bestowed by law or professional ethics, such as lawyers, medical professionals, clergy, and counselors; 2) Those whom Suffolk University has specifically designated as confidential for purposes of providing support and resources to the Title IX Complainant; and 3) Those conducting human subjects research as part of a study approved by the University’s designated department. For those in category 1), above, to be able to respect confidentiality, they must be in a confidential relationship with the person reporting, such that they are within the scope of their licensure, professional ethics, or confidential role at the time of receiving the Notice. These individuals will maintain confidentiality except in extreme cases of immediacy of threat or danger or abuse of a minor, elder, or individual with a disability, or when required to disclose by law or court order.

If a Complainant would like the details of an incident to be kept confidential, the Complainant may speak with the following Confidential Employees:

Confidential Campus Resources

Students Only

• Counseling, Health & Wellness, located on the 5th floor of 73 Tremont Street, 617-573-8226
• Interfaith Center, The Reverend Amy Fisher, located in Sawyer 823, 617-573-8325

Employees Only

Employees and their household members have access to the work/life support program through New Directions Behavioral Health (formerly E4 Health). This plan supports you with a variety of confidential services to assist you with the challenges of everyday life including personal, financial, wellness, new parenting, adoption, education, and legal help. New Directions Behavioral Health also provides a robust website with a variety of resources including fun perks such as discounted movie tickets. For more information, visit their website and enter "Suffolk University" for company code, or call 1-800-624-5544.

B.     Reporting to Off-Campus Counseling and Advocacy Resources under Title IX

The University encourages all members of the University community to report any incident of prohibited conduct. The University recognizes, however, that not every person will choose to make a formal report to the University or with local law enforcement. For those who are not prepared to pursue a Title IX complaint, or use the Title IX services provided by the University, students and employees may access resources located in the local community. All members of the University Community are encouraged to utilize the resources available on or off-campus that are best suited to their needs. The Boston area organizations and agencies listed below can provide crisis intervention services, counseling, and legal assistance and can keep the information confidential. Additional resources may be found in Title IX On/Off Campus Resources.

Boston Area Rape Crisis Center (BARCC)
800-841-8371 (24-hour hotline)
barcc.org
BARCC offers free, confidential services to sexual assault survivors, their friends and families. It also operates a 24-hour confidential hotline that provides survivors of sexual assault with telephone counseling and personal support. The Center also maintains a referral network of survivor support groups (call 617-492-RAPE or 617-492-7273).

Casa Myrna Vasquez
617-521-0100
[email protected]
Casa Myrna offers a comprehensive range of services, available in both Spanish and English, for survivors of domestic and dating violence, to assist with the tools to recover from the trauma of abuse and begin to build sustainable self-sufficiency.

Gay Lesbian Bisexual Transgender Queer (BARCC)
617-354-6056
The GLBTQ Domestic Violence Project provides free and confidential support and services for gay, lesbian, bisexual, transgender, and queer survivors of domestic and sexual violence. It works with victims and survivors to increase safety, security, and foster empowerment through direct services, education, and advocacy.

Fenway Health Violence Recovery Program (VRP)
617-927-6202
fenwayhealth.org/care/behavioral-health/violence-recovery/
VRP provides counseling, support groups, advocacy, and referral services to Lesbian, Gay, Bisexual and Transgender (LGBT) victims of bias crime, domestic violence, sexual assault, and police misconduct.

Asian Task Force Against Domestic Violence
617-338-2355 (24- hour multilingual helpline)

Victim Rights Law Center (VRLC)
617-399-6720
victimrights.org
VRLC is dedicated to serving the legal needs of sexual assault victims. The VRLC provides free legal services, legal training, and technical assistance.

REACH
800-899-4000
reachma.org
REACH promotes healthy relationships and works to end domestic violence by actively advocating for survivors.

C. Reporting to University Officials with Authority

A complaint may also be filed with the following individuals who have been identified by the University as Officials with Authority (OWA). An OWA is an administrator at the University who has the authority to institute corrective measures on behalf of the University, and must inform the Title IX Coordinator if they receive a report.

University Officials with Authority

• University President
• Provost
• Senior Vice President Finance, Treasurer
• Senior Vice President External Affairs
• Senior Vice President, Advancement
• Vice President for Student Affairs
• Assistant Vice President for Student Affairs
• Vice President, Communications
• Vice President, Admissions and Financial Aid
• Vice President, Diversity, Access & Inclusion
• Dean, College of Arts & Science
• Dean, Suffolk University Law School
• Dean of Undergraduate Student Affairs
• Dean of Law and Graduate Student Affairs
• Dean, Sawyer Business School
• Chief Human Resource Officer
• Title IX Coordinator

Students with disabilities who believe they have received inappropriate treatment or inadequate service from the University pertaining to their requested accommodations have the right to file a grievance with the Director of Disability Services (DSS)

This grievance process is for accommodation issues that have not been resolved by Office of Disability Services (ODS). Grievances related to disability status and/or provision of accommodations are addressed for students using the procedures in our grievance page and employees should contact their Human Resources representative ([email protected]) with any disability or accommodation concerns.

However, allegations of discrimination on the basis of an actual or perceived disability, including instances in which the provision of reasonable accommodations has a discriminatory effect, will be resolved under the Nondiscrimination policy. A complaint of disability discrimination unrelated to accommodation requests can be filed here.

This Policy is only applicable to alleged incidents that occur after August 1, 2024. For alleged incidents of discrimination and harassment occurring prior to August 1, 2024, the policy and procedures in place at the time of the alleged incident apply. Applicable versions of those policies and procedures are available from the Coordinator.

This Policy applies to all employees and students, and other individuals participating in or attempting to participate in Suffolk University ’s program or activities, including education and employment.

This Policy prohibits all forms of discrimination on the basis of the protected characteristic(s) listed in the Notice of Nondiscrimination. The Nondiscrimination Policy may be applied to incidents, to patterns, and/or to the institutional culture/climate, all of which may be addressed in accordance with this Policy.

This Policy applies to Suffolk University ’s education programs and activities (defined as including locations, events, or circumstances in which Suffolk University exercises substantial control over both the Respondent and the context in which the conduct occurred), circumstances where Suffolk University has disciplinary authority, and to misconduct occurring within any building owned or controlled by a Suffolk University -recognized student organization. A Complainant does not have to be a member of Suffolk University community to file a Complaint, at the discretion of Coordinator.

This Policy may also apply to the effects of off-campus misconduct that limit or deny a person’s access to Suffolk University ’s education program or activities. At the discretion of the Coordinator based on the Nondiscrimination Policy, Suffolk University may also extend jurisdiction to off-campus and/or to online conduct when the conduct affects a substantial Suffolk University interest.

A substantial Suffolk University interest includes:

1. Any action that constitutes a criminal offense as defined by law. This includes, but is not limited to, single or repeat violations of any local, state, or federal law.
2. Any situation in which it is determined that the Respondent poses an immediate threat to the physical health or safety of any student, employee, or other individual.
3. Any situation that significantly creates a hostile environment as defined in this policy or denies meaningful to access to a University employment, educational program, or activity.

For disciplinary action to be issued under this Policy, the Respondent must be a Suffolk University faculty member, student, or employee at the time of the alleged incident. If the Respondent is unknown or is not a member of Suffolk University community, the Coordinator will offer to assist the Complainant in identifying appropriate institutional and local resources and support options, and will implement appropriate supportive measures and/or remedial actions (e.g., trespassing a person from campus). Suffolk University can also assist in contacting local or institutional law enforcement if the individual would like to file a police report about criminal conduct.

All vendors serving Suffolk University through third-party contracts are subject to the policies and procedures of their employers and/or to these Policies and procedures to which their employer has agreed to be bound by their contracts with the University.

When a party is participating in a dual enrollment/early college program, the Recipient will coordinate with the party’s home institution to determine jurisdiction and coordinate providing supportive measures and responding to the complaint under the appropriate policy and procedures based on the allegations and identities of the Parties.

When the Respondent is enrolled in or employed by another institution, the Coordinator can assist the Complainant in contacting the appropriate individual at that institution, as it may be possible to pursue action under that institution’s policies.

Similarly, the Coordinator may be able to assist and support a student or employee Complainant who experiences discrimination in an externship, study abroad program, or other environment external to Suffolk University where sexual harassment or nondiscrimination policies and procedures of the facilitating or host organization may give the Complainant recourse. If there are effects of that external conduct that impact a student or employee’s work or educational environment, those effects can often be addressed remedially by the Coordinator if brought to their attention.

Alumnus and former employees are encouraged to report past incidents that fall under this policy, however the University’s response will be dependent on issues of jurisdiction over the parties and other fact-specific considerations.

Suffolk University will offer and implement appropriate and reasonable supportive measures to the Parties upon Notice of alleged discrimination, harassment, and/or retaliation. Supportive measures are non-disciplinary, non-punitive individualized services offered as appropriate and reasonably available. They are offered, without fee or charge to the Parties, to restore or preserve access to Suffolk University ’s education program or activity, including measures designed to protect the safety of all Parties and/or Suffolk University ’s educational environment and/or to deter discrimination, harassment, and/or retaliation.

The Coordinator promptly makes supportive measures available to the Parties upon receiving Notice/Knowledge or a Complaint. Supportive measures are available to parties regardless of whether a complaint has been filed. At the time that supportive measures are offered, if a Complaint has not been filed, Suffolk University will inform the Complainant, in writing, that they may file a Complaint with Suffolk University either at that time or in the future. The Coordinator will work with a party to ensure that their wishes are considered with respect to any planned and implemented supportive measures.

Suffolk University will maintain the confidentiality of the supportive measures, provided that confidentiality does not impair Suffolk University ’s ability to provide those supportive measures. Suffolk University will act to ensure as minimal an academic/occupational impact on the Parties as possible. Suffolk University will implement measures in a way that does not unreasonably burden any party.

These actions may include, but are not limited to:

• Referral to counseling, medical, and/or other healthcare services
• Referral to the Employee Assistance Program
• Referral to community-based service providers
• Visa and immigration assistance
• Student financial aid counseling
• Education to the institutional community or community subgroup(s)
• Altering campus housing assignment(s)
• Altering work arrangements for employees or student-employees
• Safety planning
• Providing campus safety escorts
• Providing transportation assistance
• Implementing contact limitations (no contact orders) between the Parties
• Academic support, extensions of deadlines, or other course/program-related adjustments
• No Trespass Order
• Class schedule modifications, withdrawals, or leaves of absence
• Increased security and monitoring of certain areas of the campus
• Any other actions deemed appropriate by the Title IX Coordinator

Violations of no contact orders or other restrictions may be handled by the Office of Title IX, or referred at the discretion of the Office of Title IX, to appropriate student or employee conduct processes for enforcement or added as collateral misconduct allegations to an ongoing Complaint under this Policy.

The Parties are provided with a timely opportunity to seek modification or reversal of Suffolk University ’s decision to provide, deny, modify, or terminate supportive measures applicable to them. A request to do so should be made in writing to the Coordinator. An impartial employee other than the employee who implemented the supportive measures, who has authority to modify or reverse the decision, will determine whether to provide, deny, modify, or terminate the supportive measures if they are inconsistent with the definition of supportive measures in § 106.2 of the federal Title IX Regulations. Suffolk University will also provide the Parties with the opportunity to seek additional modification or termination of supportive measures applicable to them if circumstances change materially. Suffolk University typically renders decisions on supportive measures within seven (7) business days of receiving a request and provides a written determination to the impacted party(ies) and the Coordinator.

Students and all employees are entitled to an employment and educational environment that is free of discrimination, harassment, and retaliation. This Policy is not meant to inhibit or prohibit educational content or discussions inside or outside of the classroom that include germane but controversial or sensitive subject matters protected by academic freedom.

The sections below describe the specific forms of legally prohibited discrimination, harassment, and retaliation that are also prohibited under Suffolk University Policy.

All offense definitions below encompass actual and/or attempted offenses.

Any of the following offenses can be charged as or combined as pattern offenses, in which case the Notice of Investigation and Allegation (NOIA) will clearly indicate that both individual incidents and a pattern of conduct are being investigated. A pattern may exist and be charged when there is a potential substantial similarity to incidents where the proof of one could make it more likely that the other(s) occurred, and vice-versa. Patterns may exist based on target selection, similarity of offense, or other factors. Where a pattern is found, it can be the basis to enhance sanctions, accordingly.

Violation of any other Suffolk University policies may constitute discrimination or harassment when motivated by actual or perceived protected characteristic(s), and the result is a limitation or denial of employment or educational access, benefits, or opportunities.

A. Discrimination

Discrimination is different treatment with respect to an individual’s employment or participation in an education program or activity based, in whole or in part, upon the individual’s actual or perceived protected characteristic. Discrimination also includes allegations of a failure to provide reasonable accommodations as required by law or policy, such as for disability, religion, or creed.

Discrimination can take two primary forms:

1. Disparate Treatment Discrimination

• Any intentional differential treatment of a person or persons that is based on an individual’s actual or perceived protected characteristic and that:
  • Excludes an individual from participation in;
  • Denies the individual benefits of; or
  • Otherwise adversely affects a term or condition of an individual’s participation in a Suffolk University program or activity.

2. Disparate Impact Discrimination

• Disparate impact occurs when policies or practices that appear to be neutral unintentionally result in a disproportionate impact on a protected group or person that:
  • Excludes an individual from participation in;
  • Denies the individual benefits of; or
  • Otherwise adversely affects a term or condition of an individual’s participation in a Suffolk University program or activity.

B. Discriminatory Harassment

• unwelcome conduct on the basis of actual or perceived protected characteristic(s), that
• based on the totality of the circumstances,
• is subjectively and objectively offensive, and
• is so severe or pervasive,
• that it limits or denies a person’s ability to participate in or benefit from Suffolk University ’s education program or activity

C. Sex-based Harassment (Applicable under Title IX, Title VII, and the Fair Housing Act)

Sex-based Harassment is a form of sex discrimination and means sexual harassment and other harassment on the basis of sex¹, including sex stereotypes, sex characteristics, pregnancy or related conditions, sexual orientation, and gender identity; sexual assault, dating violence, domestic violence, and stalking.

¹ Throughout this Policy, “on the basis of sex” means conduct that is sexual in nature, or that is directed to the Complainant because of his/her/their actual or perceived sex or gender identity.

1. Quid pro quo

• an employee agent, or other person authorized by Suffolk University,
• to provide or deny an aid, benefit, or service under Suffolk University ’s education program or activity,
• explicitly or impliedly conditioning the provision or denial of such aid, benefit, or service,
• on a person’s participation in unwelcome sexual conduct.

2. Hostile Environment Harassment

• unwelcome sex-based conduct, that
• based on the totality of the circumstances,
• is subjectively and objectively offensive, and
• is so severe or pervasive,
• that it limits or denies a person’s ability to participate in or benefit from Suffolk University ’s education program or activity

Suffolk University reserves the right to address offensive conduct and/or harassment that (1) does not rise to the level of creating a hostile environment, or (2) that is of a generic nature and not based on a protected characteristic. Addressing such conduct will not result in the imposition of discipline under Suffolk University Policy, but may be addressed through respectful conversation, remedial actions, education, effective alternative resolution, and/or other Informal Resolution mechanisms.

For assistance with alternative resolution and/or other Informal Resolution techniques and approaches, contact the Coordinator.

3. Sexual Assault²

² This would include having another person touch you sexually, forcibly, and/or without their consent.

a. Rape

• Penetration, no matter how slight,
• of the vagina or anus,
• with any body part or object, or
• oral penetration by a sex organ of another person,
• without the consent of the Complainant.

b. Fondling

• The touching of the private body parts of the Complainant (buttocks, groin, breasts),
• for the purpose of sexual gratification,
• without the consent of the Complainant,
• including instances where the Complainant is incapable of giving consent because of their age or because of a temporary or permanent mental incapacity.

c. Incest

• Sexual intercourse,
• between persons who are related to each other,
• within the degrees wherein marriage is prohibited by Massachusetts law.

d. Statutory Rape

• Sexual intercourse,
• with a person who is under the statutory age of consent of sixteen under Massachusetts law.

3. Dating Violence, defined as

1. violence,
2. on the basis of sex,
3. committed by a person,
4. who is in or has been in a social relationship of a romantic or intimate nature with the Complainant.
   1. The existence of such a relationship shall be determined based on the Complainant’s statement and with consideration of the length of the relationship, the type of relationship, and the frequency of interaction between the persons involved in the relationship. For the purposes of this definition:
      1. Dating violence includes, but is not limited to, sexual or physical abuse or the threat of such abuse.
      2. Dating violence does not include acts covered under the definition of domestic violence.

4. Domestic Violence,³ defined as

1. violence,
2. on the basis of sex,
3. committed by a current or former spouse or intimate partner of the Complainant,
4. by a person with whom the Complainant shares a child in common, or
5. by a person who is cohabitating with, or has cohabitated with, the Complainant as a spouse or intimate partner, or
6. by a person similarly situated to a spouse of the Complainant under the domestic or family violence laws of Massachusetts, or
7. by any other person against an adult or youth Complainant who is protected from that person’s acts under the domestic or family violence laws of Massachusetts.

³ To categorize an incident as Domestic Violence under this Policy, the relationship between the Respondent and the Complainant must be more than just two people living together as roommates. The people cohabitating must be current or former spouses or have an intimate relationship.

5. Stalking/Cyberstalking, defined as

1. engaging in a course of conduct,
2. on the basis of sex,
3. directed at the Complainant, that
   1. would cause a reasonable person to fear for the person’s safety, or
   2. the safety of others; or
   3. Suffer substantial emotional distress.

For the purposes of this definition:

• Course of conduct means two or more acts, including, but not limited to, acts in which the Respondent directly, indirectly, or through third parties, by any action, method, device, or means, follows, monitors, observes, surveils, threatens, or communicates to or about a person, or interferes with a person’s property.
• Reasonable person means a reasonable person under similar circumstances and with similar identities to the Complainant.
• Substantial emotional distress means significant mental suffering or anguish that may but does not necessarily require medical or other professional treatment or counseling.

D. Online Harassment and Misconduct

Suffolk University policies are written and interpreted broadly to include online manifestations of any of the behaviors prohibited below, when those behaviors occur in or have an effect on Suffolk University ’s education program and activities, or when they involve the use of Suffolk University networks, technology, or equipment.

Although Suffolk University may not control websites, social media, and other venues through which harassing communications are made, when such communications are reported to Suffolk University, it will engage in a variety of means to assess, address, and mitigate the effects. These means may include use of the Resolution Process to address off-campus conduct whose effects contribute to limiting or denying a person access to Suffolk University ’s education program or activity.

Online and off campus conduct will be assessed to determine whether the social media and off-campus conduct creates or contributes to a hostile environment⁴. Nothing in this Policy is intended to infringe upon or limit a person’s rights to free speech. In other words, any online posting or other electronic communication by students, including technology-facilitated bullying, stalking, harassment, etc., occurring completely outside of Suffolk University ’s control (e.g., not on Suffolk University networks, websites, or between Suffolk University email accounts) will be subject to this Policy only when such online conduct creates a hostile environment or substantially interferes with access to a University employment, educational program, or activity. Even if such communication is otherwise protected by the tenants of free speech and freedom of expression, the university will nevertheless provide supportive measures for Complainants who have been impacted by said speech.

Off-campus harassing speech by employees, whether online or in person, may be regulated by Suffolk University only when such speech is made in an employee’s official or work-related capacity or creates a hostile environment at the university or substantially interferes with a university employment, educational program or activity.

⁴ An environment can become hostile when, unwelcome conduct or harassment is based on a protected class such as race, sex, pregnancy, religion, national origin, age, disability, or shared ancestry. Hostile environment harassment is continued and long-lasting, and severe enough that the environment becomes intimidating, offensive, or abusive.

E. Other Prohibited Conduct

1. Sexual Exploitation⁵

⁵ This offense is not classified under Title IX as “Sex-based harassment,” but it is included here in this Policy as a tool to address a wider range of behaviors.

• an individual taking non-consensual or abusive sexual advantage of another, that does not constitute Sex-based Harassment as defined above.
• for their own benefit or for the benefit of anyone other than the person being exploited.

Examples of Sexual Exploitation include, but are not limited to:

• Sexual voyeurism (such as observing or allowing others to observe a person undressing or using the bathroom or engaging in sexual acts, without the consent of the person being observed)
• Invasion of sexual privacy (e.g., doxxing)
• Knowingly making an unwelcome disclosure of (or threatening to disclose) an individual's sexual orientation, gender identity, or gender expression
• Taking pictures, video, or audio recording of another in a sexual act, or in any other sexually related activity when there is a reasonable expectation of privacy during the activity, without the consent of all involved in the activity; or exceeding the boundaries of consent (such as allowing another person to hide in a closet and observe sexual activity, or disseminating sexual pictures without the photographed person’s consent), including the making or posting of non-consensual pornography
• Prostituting another person
• Engaging in sexual activity with another person while knowingly infected with human immunodeficiency virus (HIV) or a sexually transmitted disease (STD) or infection (STI), without informing the other person of the virus, disease, or infection
• Causing or attempting to cause the incapacitation of another person (through alcohol, drugs, or any other means) for the purpose of compromising that person’s ability to give consent to sexual activity, or for the purpose of making that person vulnerable to non-consensual sexual activity
• Misappropriation of another person’s identity on apps, websites, or other venues designed for dating or sexual connections (e.g., spoofing)
• Forcing a person to take an action against that person’s will by threatening to show, post, or share information, video, audio, or an image that depicts the person’s nudity or sexual activity
• Knowingly soliciting a minor for sexual activity
• Engaging in sex trafficking
• Knowingly creating, possessing, or disseminating child sexual abuse images or recordings
• Creating or disseminating synthetic media, including images, videos, or audio representations of individuals doing or saying sexually-related things that never happened, or placing identifiable real people in fictitious pornographic or nude situations without their consent (i.e., Deepfakes)
• Creating or disseminating images or videos of child sexual abuse material

2. Retaliation

Retaliation should be reported promptly to the relevant Nondiscrimination Contact/Coordinator or Suffolk University Police Department and may result in sanctions/disciplinary action in addition to the University’s response to the underlying allegations of harassment and/or discrimination. Retaliation is defined as:

• Adverse action, including intimidation, threats, coercion, or discrimination,
• against any person,
• by Suffolk University, a student, employee, or a person authorized by Suffolk University to provide aid, benefit, or service under Suffolk University’s education program or activity,
• for the purpose of interfering with any right or privilege secured by law or Policy, or
• because the person has engaged in protected activity, including reporting information, making a Complaint, testifying, assisting, or participating or refusing to participate in any manner in an investigation or Resolution Process under the Equal Opportunity, Harassment, and Nondiscrimination Procedures, including an Informal Resolution process, or in any other appropriate steps taken by Suffolk University to promptly and effectively end any sex discrimination in its education program or activity, prevent its recurrence, and remedy its effects.

The exercise of rights protected under the First Amendment does not constitutes retaliation. It is also not retaliation for Suffolk University to pursue Policy violations against those who make materially false statements in bad faith in the course of a resolution under the Equal Opportunity, Harassment, and Nondiscrimination Policy. However, the determination of responsibility, by itself, is not sufficient to conclude that any party has made a materially false statement in bad faith.

3. Unauthorized Disclosure⁶

⁶ Nothing in this section restricts the ability of the Parties to: obtain and present evidence, including by speaking to witnesses (as long as it does not constitute retaliation under this Policy), consult with their family members, confidential resources, or Advisors; or otherwise prepare for or participate in the Resolution Process.

• Distributing or otherwise publicizing materials created or produced during an investigation or Resolution Process except as required by law or as expressly permitted by Suffolk University; or
• publicly disclosing a party’s personally identifiable information without authorization or consent.

4. Failure to Comply/Process Interference

• Intentional failure to comply with the reasonable directives of a Coordinator in the performance of their official duties, including with the terms of a no contact order
• Intentional failure to comply with emergency removal or interim suspension terms
• Intentional failure to comply with sanctions
• Intentional failure to adhere to the terms of an agreement achieved through informal resolution
• Intentional failure to comply with mandated reporting duties as defined in this Policy
• Intentional interference with the Title IX resolution process, including but not limited to:
  • Destruction of or concealing of evidence
  • Actual or attempted solicitation of knowingly false testimony or providing false testimony or evidence
  • Intimidating or bribing a witness or party

Sanctions for the above-listed Civil Rights Offenses range from warning through expulsion/termination.

F. Affirmative Consent

Affirmative consent must be present to engage in sexual activity. Affirmative consent must be informed, voluntary, and active, meaning that, through the demonstration of clear words or actions, a person has indicated permission to engage in mutually agreed-upon sexual activity. Affirmative consent can be withdrawn at any time, and cannot be obtained by force, expressed or implied, or when physical violence, threats, intimidation and/or coercion is used. Affirmative consent to one form of sexual activity (kissing or fondling) does not, by itself, constitute affirmative consent to another form of sexual activity (intercourse). Past consent to sexual activity with another person does not imply ongoing future consent with that person or consent to the same sexual activity with another person.

Silence, absence of protest, or absence of resistance does not imply affirmative consent. Relying solely on non-verbal communication before or during sexual activity can lead to misunderstanding and may result in violation of the policy. Since individuals may experience the same interaction in different ways, it is the responsibility of each party to determine that the other has consented before engaging in the sexual activity. In order to avoid confusion or ambiguity, participants are encouraged to talk with one another before engaging in sexual activity. If confusion or ambiguity arises during sexual activity, participants are encouraged to stop and clarify a mutual willingness to continue the activity.

Affirmative consent cannot be gained by taking advantage of the incapacitation of another, where the person initiating sexual activity knew or reasonably should have known that the other was incapacitated. Incapacitation means that a person lacks the ability to make informed, rational judgments about whether to engage in sexual activity.

Proof of consent or non-consent is not a burden placed on either party involved in an incident. Instead, the burden remains on the University to determine whether its policy has been violated. The existence of consent is based on the totality of the circumstances evaluated from the perspective of a reasonable person in the same or similar circumstances, including the context in which the alleged incident occurred and any similar, previous patterns that may be evidenced.

G. Incapacitation

A person who is incapacitated is unable to give affirmative consent because of mental or physical incapacitation or impairment, which may include sleep or sleep deprivation, disorientation, unconsciousness, or lack of awareness that sexual activity is taking place. A person may be incapacitated as a result of the consumption of alcohol or other drugs, or due to a temporary or permanent physical or mental health condition. When evaluating whether someone consented to sexual activity after consuming alcohol or drugs, the University will consider whether a reasonable person should have known about the impact of alcohol and other drugs on the other party’s ability to give consent.

Incapacitation occurs when someone cannot make rational, reasonable decisions because they lack the capacity to give knowing/informed consent (e.g., to understand the “who, what, when, where, why, or how” of their sexual interaction).

Incapacitation is determined through consideration of all relevant indicators of an individual’s state and is not synonymous with intoxication, impairment, blackout, and/or being drunk.
Voluntary intoxication is not a defense to any prohibited conduct performed by a party while under the influence of intoxicants.

H. Force

Force is the use of physical violence and/or physical imposition to gain sexual access. Sexual activity that is forced is, by definition, non-consensual, but non-consensual sexual activity is not necessarily forced. Force is conduct that, if sufficiently severe, can negate consent.

Force also includes threats, intimidation (implied threats), and coercion that is intended to overcome resistance or produce consent (e.g., “Have sex with me or I’ll hit you,” which elicits the response, “Okay, don’t hit me. I’ll do what you want.”).

Coercion is unreasonable pressure for sexual activity. Coercive conduct, if sufficiently severe, can render a person’s consent ineffective, because it is not voluntary. When someone makes clear that they do not want to engage in sexual activity, that they want to stop, or that they do not want to go past a certain point of sexual interaction, continued pressure beyond that point can be coercive. Coercion is evaluated based on the frequency, intensity, isolation, and duration of the pressure involved.

I. Non-Fraternization Policy⁷

⁷ Unethical relationships based on roles of the involved individuals.

Expectations Regarding Unethical Relationships

Individuals in positions of power must be aware that romantic or sexual relationships with students are fraught with danger for exploitation and pose a legal risk to both the individual and the University.

There are inherent risks in any romantic or sexual relationship between persons in unequal positions, such as faculty member-student or supervisor-employee. In reality, these relationships may be less consensual than perceived by the person whose position confers power or authority. Similarly, each of the Parties may view the relationship differently, particularly in retrospect. Circumstances may change, and once welcomed conduct may become unwelcome at some point in the relationship.

Even when the Parties have initially consented to romantic or sexual involvement, the possibility of a later allegation of a relevant Policy violation still exists. Suffolk University does not wish to interfere with private choices regarding personal relationships when these relationships do not interfere with Suffolk University ’s goals and policies. However, for the personal protection of members of this community, relationships in which power differentials are inherent (e.g., faculty-student, staff-student) are generally discouraged. They may also violate standards of professionalism and/or professional ethics.

Consensual romantic or sexual relationships in which one party maintains a direct supervisory or otherwise evaluative role over the other party are inherently problematic. Therefore, persons with direct supervisory or otherwise evaluative responsibilities who are involved in such relationships must promptly inform their supervisor and/or the Coordinator. The existence of this type of relationship will likely result in removing the supervisory or evaluative responsibilities from the employee or shifting a party from being supervised or evaluated by someone with whom they have established a consensual relationship. When an applicable relationship existed prior to adoption of this Policy or prior to employment, the duty to notify the appropriate supervisor still pertains.

This type of relationship includes Resident Assistants (RAs) and students for whom the RA has direct responsibility. While no relationships are specifically prohibited by this Policy, failure to timely self-report such relationships to a supervisor as required can result in disciplinary action for an employee.

When one of the parties in a formal resolution process is an employee, the Coordinator will notify Human Resources and determine whether to refer violations of this provision to Human Resources for resolution, or to pursue resolution under this Policy, based on the circumstances of the allegation.

Students, employees, and applicants experiencing pregnancy or related conditions have equal access to education, employment, and other University programs and activities, Discrimination based on pregnancy, childbirth, termination of pregnancy, lactation, related medical conditions, or recovery from these conditions will not be tolerated. In addition, the University will provide reasonable modifications for students and employees based on pregnancy or related conditions.

Definitions

• Familial Status: The configuration of one’s family or one’s role in a family.
• Marital Status: The state of being married or unmarried.
• Parental Status: The status of a person who, with respect to another person who is under the age of 18 [2 Or a person who is 18 or older but who is incapable of self-care because of a mental or physical disability] is a biological, adoptive, foster, or stepparent; a legal custodian or guardian; in loco parentis with respect to such a person; or actively seeking legal custody, guardianship, visitation, or adoption of such a person.
• Pregnancy and Related Conditions: The full spectrum of processes and events connected with pregnancy, including pregnancy, childbirth, termination of pregnancy, or lactation; related medical conditions; and recovery therefrom.
• Reasonable Modifications: Individualized modifications to Suffolk’s policies, practices, or procedures that does not fundamentally alter the Suffolk’s education program or activity.

Information Sharing Requirements

All Suffolk employees who becomes aware of a student’s pregnancy or related condition are required to provide the student with the Title IX Coordinator’s contact information and communicate that the Coordinator can help take specific actions to prevent discrimination and ensure equal access to Suffolk’s education program and activity. All employees are welcome to contact the Title IX Coordinator at any time to discuss questions or concerns. Upon notification of a student’s pregnancy or related condition, the Title IX Coordinator will contact the student and inform the student of Suffolk’s obligations to:

• Prohibit sex discrimination.
• Provide reasonable modifications.
• Allow access, on a voluntary basis, to any separate and comparable portion of the institution’s education program or activity.
• Allow a voluntary leave of absence.
• Ensure lactation space availability.
• Maintain a Resolution Process for alleged discrimination.
• Treat pregnancy as comparable to other temporary medical conditions for medical benefit, service, plan, or policy purposes.

The Title IX Coordinator will also notify the student of the process to file a complaint for alleged discrimination, harassment, or retaliation, as applicable.

Reasonable Modifications for Students

Students who are pregnant or are experiencing related conditions are entitled to Reasonable Modifications to prevent sex discrimination and ensure equal access to Suffolk’s education program and activity. Any student seeking Reasonable Modifications must contact the Title IX Coordinator to discuss appropriate and available Reasonable Modifications based on their individual needs. Students are encouraged to request Reasonable Modifications as promptly as possible, although retroactive modifications may be available in some circumstances. Reasonable Modifications are voluntary, and a student can accept or decline the offered Reasonable Modifications. Not all Reasonable Modifications are appropriate for all contexts

Reasonable Modifications may include:

• Breaks during class to express breast milk, breastfeed, or attend to health needs associated with pregnancy or related conditions, including eating, drinking, or using the restroom
• Intermittent absences to attend medical appointments
• Access to online or homebound education
• Changes in schedule or course sequence
• Time extensions for coursework and rescheduling of tests and examinations
• Allowing a student to sit or stand, or carry or keep water nearby
• Counseling
• Changes in physical space or supplies (for example, access to a larger desk or a footrest)
• Elevator access
• A larger uniform or other required clothing or equipment
• Other changes to policies, practices, or procedures determined by the Title IX Coordinator

In situations such as clinical rotations, performances, labs, and group work, the institution will work with the student to devise an alternative path to completion, if possible. In progressive curricular and/or cohort-model programs, medically necessary leaves are sufficient cause to permit the student to shift course order, substitute similar courses, or join a subsequent cohort when returning from leave. Students are encouraged to work with their faculty members and the Recipient’s support systems to devise a plan for how to best address the conditions as pregnancy progresses, anticipate the need for leaves, minimize the academic impact of their absence, and get back on track as efficiently and comfortably as possible. The Title IX Coordinator will assist with plan development and implementation as needed.

Supporting documentation for Reasonable Modifications will only be required when it is necessary and reasonable under the circumstances to determine which Reasonable Modifications to offer to determine other specific actions to take to ensure equal access.

Information about pregnant students’ requests for modifications will be shared with faculty and staff only to the extent necessary to provide the Reasonable Modification.

Students experiencing pregnancy-related conditions that manifest as a temporary disability under the Americans with Disabilities Act (ADA) or Section 504 of the Rehabilitation Act are eligible for reasonable accommodations just like any other student with a temporary disability. The Title IX Coordinator will consult with Director of Office of Disability Services to ensure the student receives reasonable accommodations for their disability as required by law.

Right to Participate

All students should be informed of health and safety risks related to participation in academic and co-curricular activities, regardless of pregnancy status. A student may not be required to provide health care provider or other documentation that the student is physically able to participate in the program or activity, unless the following three requirements are met:

1. A specific level of physical ability or health is necessary for participation; and
2. The institution requires this documentation of all students participating; and
3. The information obtained is not used as a basis for pregnancy-related discrimination.

Lactation Space Access

The Recipient provides students and employees with access to lactation spaces that are functional, appropriate, and safe. Such spaces are regularly cleaned, shielded from view, and free from the intrusion of others.

Lactation spaces are located in the following locations:

• 73 Tremont Street – Room 1195, 11th floor
• Sawyer Building – Room 934, 9th floor
• Sargent Hall – Room 195, Lobby (near lockers)

Leaves of Absence

A. Students

Students are permitted to take a voluntary leave of absence for a reasonable time as deemed medically necessary by their health care provider because of pregnancy and/or the birth, adoption, or placement of a child. The leave term may be extended in the case of extenuating circumstances or medical necessity. Students who elect to take leave under this policy must complete the required Student Affairs forms relating to leave.

To the extent possible, Suffolk will take reasonable steps to ensure that students who take a leave of absence or medical leave return to the same position of academic progress that they were in when they took leave, including access to the same or an equivalent course catalog that was in place when the leave began.

Continuation of students’ scholarship, fellowship, or similar Suffolk-sponsored funding during the leave term will depend on the students’ registration status and the policies of the funding program regarding registration status. Students will not be negatively impacted by or forfeit their future eligibility for their scholarship, fellowship, or similar Suffolk-supported funding by exercising their rights under this policy.

The Title IX Coordinator will assist the student with notification to Student Affairs and the completion of any necessary paperwork.

B. Employees

Information on employment leave can be found by emailing [email protected].

Student Parents

Students are encouraged to work with their advisors and faculty members to address any caretaking/parenting responsibilities that may impact their academic requirements. Students are encouraged to contact the Office of Title IX with any questions or concerns.

Students can request modified academic responsibilities under this Policy regardless of whether they elect to take a leave of absence.

While receiving academic modifications, students will remain registered and retain benefits accordingly.

University Housing

A pregnant student’s University housing status will not be altered based on pregnancy status unless requested by the student. Parenting students’ access to housing is governed by the Residence Life Policies.

Policy Dissemination and Training Requirements

A copy of this pregnancy and parenting policy will be made available to faculty and employees in annually required training and posted on the Suffolk website. Suffolk will educate all new students about this policy and the location of this policy as part of orientation. The Office of Title IX will make educational materials available to all members of the Suffolk community to promote compliance with this policy and familiarity with its procedures.

Suffolk University uses the preponderance of the evidence standard of proof when determining whether a Policy violation occurred. This means that Suffolk University will decide whether it is more likely than not based upon the available information at the time of the decision, that the Respondent is in violation of the alleged Policy violation(s).

A Report provides notice to Suffolk University of an allegation or concern about discrimination, harassment, or retaliation and provides an opportunity for the Coordinator to provide information, resources, and supportive measures. A Complaint provides notice to Suffolk University that the Complainant would like to initiate an investigation or other appropriate resolution procedures. A Complainant or individual may initially make a report and may decide at a later time to make a Complaint. Reports or Complaints of discrimination, harassment, and/or retaliation may be made using any of the following options:

1. File a Complaint with, or give verbal Notice directly to, the Coordinator. Such a Complaint may be made at any time (including during non-business hours) by using the telephone number, email address, or by mail to the office of the Coordinator.
2. Report a Title IX incident or other Discrimination Incident online. Anonymous Notice is accepted. Anonymous Notice typically limits Suffolk University ’s ability to investigate, respond, and provide remedies, depending on what information is shared. Measures intended to protect the community or redress or mitigate harm may be enacted. It also may not be possible to provide supportive measures to Complainants who are the subject of anonymous Notice].

Reporting carries no obligation to move forward with a Complaint, and in most situations, Suffolk University is able to respect a Complainant’s request to not initiate a resolution process. However, there may be circumstances, such as pattern behavior, allegations of severe misconduct, or a compelling threat to health and/or safety, where Suffolk University may need to initiate a resolution process. If a Complainant does not wish to file a Complaint, Suffolk University will maintain the privacy of information to the extent possible. The Complainant should not fear a loss of confidentiality by giving Notice that allows Suffolk University to discuss and/or provide supportive measures, in most circumstances.

In addition to having enrolled students who are minors, Suffolk hosts minors as guests. Sexual misconduct against minors, whether perpetrated by University employees, volunteers, contractors, or students, is a form of discrimination covered by Title IX. Sexual misconduct including sexual harassment, relationship violence and stalking involving a minor who is a student will be processed consistent with this Policy.

Additionally, Massachusetts law imposes a duty to report on teachers (faculty), educational administrators, mental health professionals, counselors, clergy and law enforcement to report certain crimes involving minors, and abuse, to appropriate officials. Suffolk’s protocol is that all employees shall report all suspected child abuse (physical and emotional), sexual abuse of minors, and criminal acts involving minors to the SUPD immediately and without delay. SUPD is the University’s designated agent in charge for state mandated reporting. Clery Act reporting of offenses for statistical purposes occurs whether victims are minors or adults.

Whether involving a student or non-student, the University, the Title IX Coordinator, and/or privileged and confidential personnel also may be required to report sexual misconduct involving a minor to the Massachusetts Department the of Children and Families. (June 2020)

There is no time limitation on providing Notice/Complaints to the Coordinator. However, if the Respondent is no longer subject to Suffolk University ’s jurisdiction and/or significant time has passed, the ability to investigate, respond, and/or provide remedies may be more limited or impossible.

Acting on Notice/Complaints significantly impacted by the passage of time (including, but not limited to, the rescission or revision of Policy) is at the Coordinator’s discretion; they may document allegations for future reference, offer supportive measures and/or remedies, and/or engage in informal or formal action, as appropriate.

Deliberately false and/or malicious accusations under this Policy are a serious offense and will be subject to appropriate disciplinary action. This does not include allegations that are made in good faith but are ultimately shown to be erroneous or do not result in a determination of a Policy violation.

Additionally, witnesses and Parties who knowingly provide false evidence, tamper with or destroy evidence, or deliberately mislead an official conducting an investigation or resolution process can be subject to discipline under appropriate Suffolk University policies.

Suffolk University makes every effort to preserve the Parties’ privacy. Suffolk University will not share the identity of any individual who has made a Complaint of harassment, discrimination, or retaliation; any Complainant; any individual who has been reported to be the perpetrator of discrimination, harassment, or retaliation; any Respondent; or any witness, except as permitted by, or to fulfill the purposes, of applicable laws and regulations (e.g., Title IX), Family Educational Rights and Privacy Act (FERPA) and its implementing regulations, or as required by law; including any investigation, or resolution proceeding arising under these policies and procedures.^8,9 Additional information regarding confidentiality and privacy can be found in Appendix B.

Unauthorized Disclosure of Information

Parties and Advisors are prohibited from unauthorized disclosure of information obtained by Suffolk University through the Resolution Process, to the extent that information is the work product of Suffolk University (meaning it has been produced, compiled, or written by Suffolk University for purposes of its investigation and resolution of a Complaint). It is also a violation of Suffolk University Policy to publicly disclose work product or a party’s personally identifiable information without authorization or consent. Violation of this Policy is subject to significant sanctions.

Disclosures

All Suffolk students, current or prospective, are required to truthfully respond to application questions and comply with any ongoing duty to disclose information as required by the University. Employees must report criminal convictions consistent with the Employee Handbook. Failure to disclose required application information for employees or students may impact employment, acceptance, or enrollment at Suffolk University.

⁸ 20 U.S.C. 1232g
⁹ 34 C.F.R. § 99

Suffolk University can act to remove a student Respondent accused of Sex Discrimination or Sex-based Harassment from its education program or activities, partially or entirely, on an emergency basis when an individualized safety and risk analysis has determined that an immediate threat to the physical health or safety of any student or other individual justifies removal. This risk analysis is performed by the Title IX Coordinator and may be done in conjunction with the Threat Assessment Team using its standard objective violence risk assessment procedures. Employees are subject to existing procedures for interim actions and leaves. Appeals of emergency removals will handled under the Threat Assessment Team’s policies and procedures.

Suffolk University must issue timely warnings for reported incidents that pose a serious or continuing threat of bodily harm or danger to members of Suffolk University community.

Suffolk University will ensure that a Complainant’s name and other identifying information is not disclosed, while still providing enough information for community members to make safety decisions in light of the potential danger.

Suffolk University community encourages the reporting of misconduct and crimes by Complainants and witnesses. Sometimes, Complainants or witnesses are hesitant to give Notice to Suffolk University officials or participate in resolution processes because they fear that they themselves may be in violation of certain policies, such as underage drinking or use of illicit drugs at the time of the incident. Respondents may hesitate to be forthcoming during the process for the same reasons.

It is in the best interests of Suffolk University community that Complainants choose to give Notice of misconduct to Suffolk University officials, that witnesses come forward to share what they know, and that all Parties be forthcoming during the process.

Students and employees, whether as parties to the proceedings or as witnesses, are expected to provide truthful testimony.

Students

To encourage reporting and participation in the process, a party or witness will not be subject to sanctions/disciplinary action by the University for their improper use of alcohol or drugs, unless the use of alcohol or drugs was done in furtherance of the sexual misconduct act, such as causing someone to consume an intoxicant without the recipient’s knowledge and consent.

Employees

Sometimes, employees are hesitant to report discrimination, harassment, or retaliation they have experienced for fear of getting in trouble themselves. Suffolk University may offer employee Complainants amnesty from such policy violations (typically more minor policy violations) related to the incident. Amnesty

Certain institutional officials (those deemed Campus Security Authorities) have a duty to report the following for federal statistical reporting purposes (Clery Act):

1. All “primary crimes,” which include criminal homicide, sexual assault, robbery, aggravated assault, burglary, motor vehicle theft, and arson
2. Hate crimes, which include any bias-motivated primary crime as well as any bias-motivated larceny or theft, simple assault, intimidation, or destruction/damage/vandalism of property
3. Violence Against Women Act (VAWA-based crimes), which include sexual assault, domestic violence, dating violence, and stalking¹⁰
4. Arrests and referrals for disciplinary action for weapons law violations, liquor law violations, and drug law violations

All personally identifiable information is kept private, but statistical information regarding the type of incident and its general location (on- or off-campus or in the surrounding area, but no addresses are given) must be shared with Clery Coordinator for publication in the Annual Security Report and daily campus crime log. Campus Security Authorities include student affairs/student conduct staff, campus law enforcement/public safety/security, local police, coaches, athletic directors, residence life staff, student activities staff, human resources staff, advisors to student organizations, and any other official with significant responsibility for student and campus activities.

¹⁰ VAWA is the Violence Against Women Act, enacted in 1994 and codified in part at 42 U.S.C. sections 13701 tough 14040.

Massachusetts Campus Sexual Assault Law

The 2021 Campus Sexual Assault Law includes a new reporting requirement (M.G.L. c. 6 § 168E (q)), which directs institutions to report annually on sexual misconduct incidents on campus.
All personally identifiable information is kept private, but statistical information regarding the type of incident and its general location (on- or off-campus or in the surrounding area, but no addresses are given) must be shared with the Massachusetts Department of Education for publication in the Annual Report.

This Policy succeeds previous policies addressing discrimination, harassment, sexual misconduct, and/or retaliation, though previous policies and procedures remain in force for incidents occurring before August 1, 2024. The Coordinator reviews and updates these policies and procedures regularly. Suffolk University reserves the right to make changes to this document as necessary, and once those changes are posted online, they are in effect.

If government laws or regulations change or court decisions alter the requirements in a way that impacts this document, this document will be construed to comply with the most recent government laws, regulations, or court holdings.

This document does not create legally enforceable protections beyond the protections of the background state and federal laws that frame such policies and codes, generally.

This Policy is effective August 1, 2024.