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.

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.

Resolution Process for Alleged Violations of Nondiscrimination Policy

Resolution Process for Alleged Violations of Nondiscrimination Policy (Hereinafter the “Resolution Process”)

Suffolk University will act on any Notice, Complaint, or Knowledge of a potential violation of the Equal Opportunity, Harassment, and Nondiscrimination Policy (“the Policy”) that is received by the Coordinator12  or any other Mandated Reporter by applying the Resolution Process below.

The procedures below apply to all allegations of discrimination on the basis of an actual or perceived protected characteristic, harassment, retaliation, or Other Prohibited Conduct as involving students, staff, administrators, faculty members, or third parties. Unionized/other categorized employees are subject to the terms of their agreements/employees’ rights to the extent those agreements do not conflict with federal or state compliance obligations.

12 Anywhere this procedure indicates “Coordinator,” Suffolk University may substitute a trained designee.

Upon receipt of Notice, a Complaint, or Knowledge of an alleged Policy violation, the Coordinator will initiate a prompt initial evaluation to determine Suffolk University ’s next steps. The Coordinator will contact the Complainant/source of the Notice to offer supportive measures, provide information regarding resolution options, and determine how they wish to proceed.

Collateral misconduct is defined to include potential violations of other Suffolk University policies not incorporated into the Policy on Equal Opportunity, Harassment, and Nondiscrimination that occur in conjunction with, or as a result of, alleged violations13 of the Policy, or that arise through the course of the investigation, for which it makes sense to provide one resolution for all charges. Thus, the collateral allegations may be charged along with potential violations of the Policy, to be resolved jointly under these Procedures. In such circumstances, the Coordinator may consult with Suffolk University officials who typically oversee such conduct (e.g., human resources, student conduct, academic affairs) to solicit their input as needed on what charges should be filed, but the exercise of collateral charges, either jointly or standing alone, under these procedures is within the discretion of Coordinator. All other allegations of misconduct unrelated to incidents covered by the Policy will typically be addressed separately through procedures described in the student, faculty, and staff handbooks.

13 This includes alleged violations of Title IX-issued No Contact Orders.

The Coordinator conducts an initial evaluation typically within seven (7) business days of receiving Notice/Complaint/Knowledge of alleged misconduct.14 The initial evaluation typically includes:

  • Assessing whether the reported conduct may reasonably constitute a violation of the Policy.
    • If the conduct may not reasonably constitute a violation of the Policy, the matter is typically dismissed from this process, consistent with the dismissal provision in these procedures. It may then be referred to another process, if applicable.
  • Determining whether Suffolk University has jurisdiction over the reported conduct, as defined in the Policy.
    • If the conduct is not within Suffolk University jurisdiction, the matter is typically dismissed from this process, consistent with the dismissal provision in these procedures. If applicable, the conduct will be referred to the appropriate Suffolk University office for resolution.
  • Offering and coordinating supportive measures for both parties, as applicable. Notifying the Complainant of the resolution processes, including a supportive and remedial response, an Informal Resolution option, or the Resolution Process described below.
  • Determining whether the Complainant wishes to make a Complaint.
  • Notifying the Respondent of the resolution processes, including a supportive and remedial response, an Informal Resolution option, or the Resolution Process described below, if a Complaint is made.

Helping a Complainant to Understand Options

If the Complainant indicates they wish to initiate a Complaint (in a manner that can reasonably be construed as reflecting intent to make a Complaint), the Coordinator will help to facilitate the Complaint, which will include:

  • Working with the Complainant to determine whether the Complainant wishes to pursue one of three resolution options:
    • a supportive and remedial response, and/or
    • Informal Resolution, or
    • the Resolution Process described below.

The Coordinator will seek to abide by the wishes of the Complainant but may have to take an alternative approach depending on their analysis of the situation.

If the Complainant elects for the Resolution Process below, and the Coordinator has determined the Policy applies and that Suffolk University has jurisdiction, they will route the matter to the appropriate Resolution Process, will provide the Parties with a Notice of Investigation and Allegation(s), and will initiate an investigation consistent with these Procedures.

If any Party indicates (either verbally or in writing) that they want to pursue an Informal Resolution option, the Coordinator will assess whether the matter is suitable for Informal Resolution and refer the matter, accordingly.

If the Complainant indicates (either verbally or in writing) that they do not want any action taken, no Resolution Process will be initiated (unless deemed necessary by the Coordinator), though the Complainant can elect to initiate one later, if desired.

Coordinator Authority to Initiate a Complaint

If the Complainant does not wish to file a Complaint, the Coordinator, who has ultimate discretion as to whether a Complaint is initiated, will offer supportive measures and determine whether to initiate a Complaint themselves. To make this determination, the Coordinator will evaluate that request to determine if there is a serious and imminent threat to someone's safety or if Suffolk University cannot ensure equal access without initiating a Complaint. The Coordinator will consider the following non-exhaustive factors to determine whether to file a Complaint:

  • The Complainant’s request not to proceed with initiation of a Complaint;
  • The Complainant’s reasonable safety concerns regarding initiation of a Complaint;
  • The risk that additional acts of discrimination would occur if a Complaint is not initiated;
  • The severity of the alleged discrimination, including whether the discrimination, if established, would require the removal of a Respondent from campus or imposition of another disciplinary sanction to end the discrimination and prevent its recurrence;
  • The age and relationship of the Parties, including whether the Respondent is a Suffolk University employee;
  • The scope of the alleged discrimination, including information suggesting a pattern, ongoing discrimination, or discrimination alleged to have impacted multiple individuals;
  • The availability of evidence to assist a Decision-maker in determining whether discrimination occurred;
  • Whether Suffolk University could end the alleged discrimination and prevent its recurrence without initiating its resolution process.

If deemed necessary, the Coordinator may consult with appropriate Suffolk University employees, and/or conduct a threat assessment to aid their determination whether to initiate a Complaint.

When the Coordinator initiates a Complaint, they do not become the Complainant. The Complainant is the person who experienced the alleged conduct that could constitute a violation of this Policy.

14 If circumstances require, the Coordinator may designate another person to oversee the Resolution Process should an allegation be made about the Coordinator making them unavailable to fulfill their duties or have a conflict of interest.

Suffolk University may dismiss a Complaint if, at any time during the investigation or Resolution Process, one or more of the following grounds are met:

  1. Suffolk University is unable to identify the Respondent after taking reasonable steps to do so
  2. Suffolk University no longer enrolls or employs the Respondent
  3. A Complainant voluntarily withdraws any or all of the allegations in the Complaint, and the Coordinator declines to initiate a Complaint
  4. Suffolk University determines the conduct alleged in the Complaint would not constitute a Policy violation, if proven

A Decision-maker can recommend dismissal to the Coordinator, if they believe the grounds are met. A Complainant who decides to withdraw a Complaint may later request to reinstate or refile it.

Upon any dismissal, Suffolk University will promptly send the Complainant written notification of the dismissal and the rationale for doing so. If the dismissal occurs after the Respondent has been made aware of the allegations, Suffolk University will also notify the Respondent of the dismissal.

This dismissal decision is appealable by any party.

The Complainant may appeal a dismissal of their Complaint. The Respondent may also appeal the dismissal of the Complaint if dismissal occurs after the Respondent has been made aware of the allegations. All dismissal appeal requests must be filed within three (3) business days of the notification of the dismissal.

The Coordinator will notify the Parties of any appeal of the dismissal. If, however, the Complainant appeals, but the Respondent was not notified of the Complaint, the Coordinator must then provide the Respondent with a NOIA and will notify the Respondent of the Complainant’s appeal with an opportunity to respond.

Throughout the dismissal appeal process, Suffolk University will:

  • Implement dismissal appeal procedures equally for the Parties;
  • Assign a trained Dismissal Appeal Officer who did not take part in an investigation of the allegations or dismissal of the Complaint;
  • Provide the Parties a reasonable and equal opportunity to make a statement in support of, or challenging, the dismissal; and
  • Notify the Parties of the result of the appeal and the rationale for the result.

The grounds for dismissal appeals are limited to:

  1. Procedural irregularity that would change the outcome;
  2. New evidence that would change the outcome and that was not reasonably available when the dismissal was decided;
  3. The Coordinator, Investigator, or Decision-maker had a conflict of interest or bias for or against complainants or respondents generally or the individual Complainant or Respondent that would change the outcome.

Upon receipt of a dismissal appeal in writing from one or more Parties, the Coordinator will share the petition with the other party and provide three (3) business days for other Parties to respond to the request. The appeal should specify at least one of the grounds above and provide any reasons or supporting evidence for why the ground is met. This appeal will be provided in writing to the other Parties, and the Coordinator, who will be invited to respond in writing. At the conclusion of the response period, the Coordinator will forward the appeal, as well as any response provided by the other Parties to the Dismissal Appeal Officer for consideration.

If the Request for Appeal does not provide information that meets the grounds in this Policy, the request will be denied by the Dismissal Appeal Officer, and the Parties, their Advisors, and the Coordinator will be notified in writing of the denial and the rationale.

If any of the asserted grounds in the appeal satisfy the grounds described in this Policy, then the Dismissal Appeal Officer will notify all Parties and their Advisors, and the Coordinator, of their decision and rationale in writing. The effect will be to reinstate the Complaint.

In most cases, appeals are confined to a review of the written documentation or record of the original determination and pertinent documentation regarding the specific appeal grounds. The Dismissal Appeal Officer has seven (7) business days to review and decide on the appeal, though extensions can be granted at the discretion of the Coordinator, and the Parties will be notified of any extension.

Appeal decisions are deferential to the original determination, making changes only if there is a compelling justification to do so.

The Dismissal Appeal Officer may consult with the Coordinator and/or legal counsel on questions of procedure or rationale for clarification, if needed. The Coordinator will maintain documentation of all such consultation.

Suffolk University may emergency remove a student accused of Sex Discrimination or Sex-based Harassment upon receipt of Notice/Knowledge, a Complaint, or at any time during the resolution process. Prior to an emergency removal, the Coordinator will conduct a threat assessment determining whether the student is an imminent and serious threat to the health or safety of a Complainant or any students, employees, or other persons arising from the allegations of sex discrimination justifies such action. Where a student has been found to pose an imminent and serious threat, the Coordinator will work in conjunction with the Threat Assessment Team for emergency removal process under the Threat Assessment Team policy. Suffolk University will proceed using the Threat Assessment Team policy and procedures.

When an emergency removal or interim suspension is imposed, wholly or partially, the affected student will be notified of the action, which will include a written rationale, and the option to challenge the emergency removal or interim suspension within two (2) business days of the notification. Upon receipt of a challenge, the Coordinator will meet with the student (and their Advisor, if desired) as soon as reasonably possible thereafter to allow them to show cause why the removal/action should not be implemented or should be modified.

This meeting is not a hearing on the merits of the allegation(s), but rather is an administrative process intended to determine solely whether the emergency removal or interim suspension is appropriate, should be modified, or lifted. When this meeting is not requested within two (2) business days, objections to the emergency removal or interim suspension will be deemed waived. A student can later request a meeting to show why they are no longer an imminent and serious threat because conditions related to imminence or seriousness have changed. A Complainant and their Advisor may be permitted to participate in this meeting if the Coordinator determines it is equitable to do so.

The Respondent may provide information, including expert reports, witness statements, communications, or other documentation for consideration prior to or during the meeting. When applicable, a Complainant may provide information to the Coordinator for review.

An emergency removal or interim suspension may be affirmed, modified, or lifted as a result of a requested review or as new information becomes available. The Coordinator will communicate the final decision in writing, typically within three (3) business days of the review meeting.

When the Respondent is an employee, or a student employee accused of misconduct in the course of their employment, existing policies or provisions for interim action are typically applicable instead of the above emergency removal process.

Suffolk University is obligated to ensure that the resolution process is not abused for retaliatory purposes. Counter-Complaints will be assessed to determine whether the allegations in the Counter-Complaint are made in good faith. When Counter-Complaints are not made in good faith, they will not be permitted. They will be considered potentially retaliatory and may constitute a violation of the Policy.

Counter-Complaints determined to have been reported in good faith will be processed using the Resolution Process below. At the Coordinator’s discretion, investigation of such claims may take place concurrently or after resolution of the underlying initial Complaint.

A. Who Can Serve as an Advisor?

The Parties may each have an Advisor (friend, mentor, family member, attorney, or any other individual a party chooses) present with them for all meetings, interviews, and hearings within the Resolution Process, including intake. The Parties may select whomever they wish to serve as their Advisor as long as the Advisor is eligible and available.15

At the final stages of the Formal Resolution Process the Coordinator will offer to assign a trained attorney Advisor to any party. Any party has the right to refuse the University’s Advisor, and use a different Advisor of their choosing.

A party may elect to change Advisors during the process and is not obligated to use the same Advisor throughout. Parties are expected to provide the Coordinator with timely notification if they change Advisors. If a party changes Advisors, consent to share information with the previous Advisor is assumed to be terminated, and a release for the new Advisor may be requested.

Suffolk University may permit Parties to have more than one Advisor, or an Advisor and a support person, upon special request to the Coordinator. The decision to grant this request is at the Coordinator’s sole discretion and will be granted equitably to all Parties.

Suffolk University fully respects and accords the Weingarten rights of employees, meaning that for Parties who are entitled to union representation, Suffolk University will allow the unionized employee to have their union representative (if requested by the party) as their Advisor of choice present for all resolution-related meetings and interviews.

Advisors should help the Parties to prepare for each meeting and are expected to advise ethically, with integrity, and in good faith. Advisors may not provide testimony or speak on behalf of their advisee unless given specific permission to do so.

The Parties are expected to ask and respond to questions on their own behalf throughout the Resolution Process. Although the Advisor generally may not speak on behalf of their advisee, the Advisor may consult with their advisee, either privately as needed, or by conferring or passing notes during any Resolution Process meeting or interview. For longer or more involved discussions, the Parties and their Advisors should ask for breaks to allow for private consultation.

15 “Available” means the party cannot insist on an Advisor who simply doesn’t have inclination, time, or availability. Also, the Advisor cannot have institutionally conflicting roles, such as being a Coordinator who has an active role in the matter, or a supervisor who must monitor and implement sanctions. Additionally, choosing an Advisor who is also a witness in the process creates potential for bias and conflicts of interest. A party who chooses an Advisor who is also a witness can anticipate that issues of potential bias will be explored by the Decision-maker(s).

B. Records Shared with Advisors

Advisors are entitled to the same opportunity as their advisee to access relevant evidence, and/or the same written investigation report that accurately summarizes this evidence.

Advisors are expected to maintain the confidentiality of the records Suffolk University shares with them, Section 14 of the Policy addressing Confidentiality. Advisors may not disclose any Suffolk University work product or evidence Suffolk University obtained solely through the Resolution Process for any purpose not explicitly authorized by Suffolk University.

Suffolk University may restrict or remove any Advisor who does not respect the sensitive nature of the process or who fails to abide by Suffolk University ’s confidentiality expectations.

C. Advisor Expectations

Suffolk University generally expects an Advisor to adjust their schedule to allow them to attend Suffolk University meetings/interviews when planned, but Suffolk University may change scheduled meetings/interviews to accommodate an Advisor’s inability to attend, if doing so does not cause an unreasonable delay.

Suffolk University may also make reasonable provisions to allow an Advisor who cannot be present in person to attend a meeting/interview[/hearing] by telephone, video conferencing, or other similar technologies.

All Advisors are subject to the same Suffolk University policies and procedures, whether they are attorneys or not, and whether they are selected by a party or appointed by Suffolk University. Advisors are expected to advise their advisees without disrupting proceedings.

D. Advisor Policy Violations

Any Advisor who oversteps their role as defined by the Policy, who shares information or evidence in a manner inconsistent with the Policy, or who refuses to comply with Suffolk University ’s established rules of decorum, will be warned. If the Advisor continues to disrupt or otherwise fails to respect the limits of the Advisor role, the meeting/interview[/hearing] may be ended, or other appropriate measures implemented, including Suffolk University requiring the party to use a different Advisor or providing a different Suffolk University -appointed Advisor. Subsequently, the Coordinator will determine how to address the Advisor’s non-compliance and future role.

This Resolution Process, consisting of Informal Resolution and Formal Resolution s Suffolk University ’s chosen approach to addressing all forms of discrimination on the basis of protected characteristics, harassment, and retaliation. The process considers the Parties’ preferences but is ultimately determined at the Coordinator’s discretion.

Resolution proceedings are confidential. All individuals present at any time during the Resolution Process are expected to maintain the confidentiality of the proceedings in accordance with Suffolk University Policy.

A. Informal Resolution

To initiate Informal Resolution, a Complainant or Respondent may make such a request to the Coordinator at any time prior to a final determination, or the Coordinator may offer the option to the Parties, in writing. Suffolk University will obtain voluntary, written confirmation that all Parties wish to resolve the matter through Informal Resolution before proceeding and will not pressure the Parties to participate in Informal Resolution.

The parties may receive as part of an Informal Resolution Process, a written notice that explains:

  • The allegations;
  • The requirements of the Informal Resolution process;
  • That, prior to agreeing to a resolution, any party has the right to withdraw from the Informal Resolution process and to initiate or resume Suffolk University ’s Formal Resolution Process;
  • That the Parties’ agreement to a resolution at the conclusion of the Informal Resolution process will preclude the Parties from initiating or resuming the resolution process arising from the same allegations;
  • The potential terms that may be requested or offered in an Informal Resolution agreement, including notification that an Informal Resolution agreement is binding only on the Parties; and
  • What information Suffolk University will maintain, and whether and how it could disclose such information for use in its Resolution Process.

Suffolk University offers four categories of Informal Resolution:

1. Supportive Resolution. When the Coordinator can resolve the matter informally by providing supportive measures (only) designed to remedy the situation.

The Coordinator will meet with the Complainant to determine reasonable supportive measures that are designed to restore or preserve the Complainant’s access to Suffolk University ’s education program and activity. Such measures can be modified as the Complainant’s needs evolve over time or circumstances change. The Coordinator may also provide reasonable supportive measures for the Respondent as deemed appropriate. This option is available when the Complainant does not want to engage the other resolution options, and the Coordinator does not initiate a Complaint.

2. Educational Conversation. When the Coordinator can resolve the matter informally by having a conversation with the Respondent to discuss the Complainant’s concerns and institutional expectations or can accompany the Complainant in their desire to confront the conduct.

The Complainant(s) may request that the Coordinator address their allegations by meeting (with or without the Complainant) with the Respondent(s) to discuss concerning behavior and institutional policies and expectations. Such a conversation is non-disciplinary and non-punitive. Respondent(s) are not required to attend such meetings, nor are they compelled to provide any information if they attend. The conversation will be documented as the Informal Resolution for the matter, if it takes place. In light of this conversation, or the Respondent’s decision not to attend, the Coordinator may also implement actions to ensure that policies and expectations are clear and to minimize the risk of recurrence of any behaviors that may not align with Policy.

3. Accepted Responsibility. When the Respondent is willing to accept responsibility for violating Policy and is willing to agree to actions that will be enforced similarly to sanctions, and the Complainant(s) and Suffolk University are agreeable to the resolution terms.

The Respondent may accept responsibility for any or all of the alleged Policy violations at any point during the Resolution Process. If the Respondent indicates an intent to accept responsibility for all alleged Policy violations, the ongoing process will be paused, and the Coordinator will determine whether Informal Resolution is an option.

If Informal Resolution is available, the Coordinator will determine whether all Parties and Suffolk University are able to agree on responsibility, restrictions, sanctions, restorative measures, and/or remedies. If so, the Coordinator implements the accepted finding that the Respondent is in violation of Suffolk University Policy, implements agreed-upon restrictions, sanctions, and remedies, and determines the appropriate responses in coordination with other appropriate administrator(s), as necessary.

This resolution is not subject to appeal once all Parties indicate their written agreement to all resolution terms. When the Parties cannot agree on all terms of resolution, the Formal Resolution Process will either begin or resume.

When a resolution is reached, the appropriate sanction(s) or responsive actions are promptly implemented to effectively stop the harassment or discrimination, prevent its recurrence, and remedy the effects of the discriminatory conduct, both on the Complainant and the community.

4. Alternative Resolution.  The institution offers a variety of Alternative Resolution mechanisms to best meet the specific needs of the Parties and the nature of the allegations. Alternative Resolution may involve agreement to pursue individual or community remedies, including targeted or broad-based educational programming or training; supported direct conversation or interaction with the Respondent(s); indirect action by the Coordinator or other appropriate Suffolk University officials; and other forms of resolution that can be tailored to the needs of the Parties. Some Alternative Resolution mechanisms will result in an agreed-upon outcome, while others are resolved through dialogue. All Parties must consent to the use of an Alternative Resolution approach, and the Parties may, but are not required to, have direct or indirect contact during an Alternative Resolution process.

The Coordinator may consider the following factors to assess whether Alternative Resolution is appropriate, or which form of Alternative Resolution may be most successful for the Parties:

  • The Parties’ amenability to Alternative Resolution
  • Likelihood of potential resolution, considering any power dynamics between the Parties
  • The nature and severity of the alleged misconduct
  • The Parties’ motivation to participate
  • Civility of the Parties
  • Results of a violence risk assessment/ongoing threat analysis
  • Respondent’s disciplinary history
  • Whether an emergency removal or other interim action is needed
  • Skill of the Alternative Resolution facilitator with this type of Complaint
  • Complaint complexity
  • Emotional investment/capability of the Parties
  • Rationality of the Parties
  • Goals of the Parties
  • Adequate resources to invest in Alternative Resolution (e.g., time, staff, etc.)

The Coordinator has the authority to determine whether Alternative Resolution is available or successful, to facilitate a resolution that is acceptable to all Parties, and/or to accept the Parties’ proposed resolution, usually through their Advisors, often including terms of confidentiality, release, and non-disparagement.

Parties do not have the authority to stipulate restrictions or obligations for individuals or groups that are not involved in the Alternative Resolution process. The Coordinator will determine whether additional individual or community remedies are necessary to meet the institution’s compliance obligations in addition to the Alternative Resolution.

The Coordinator maintains records of any resolution that is reached and will provide notification to the Parties of what information is maintained. Failure to abide by the resolution agreement may result in appropriate responsive/disciplinary actions (e.g., dissolution of the Agreement and resumption of the Resolution Process, referral to the conduct process for failure to comply, application of the enforcement terms of the Agreement, etc.). The results of Complaints resolved by Alternative Resolution are not appealable.

These four categories reflect the flexibility of the informal resolution process; note that an informal resolution may be reached using some or all of the four methods above. The individual facilitating an Informal Resolution must be trained and cannot be the Investigator, Decision-maker, or Appeal Decision-maker.

It is not necessary to pursue Informal Resolution first in order to pursue a Formal Resolution Process. Any party participating in Informal Resolution can withdraw from the Informal Resolution Process at any time and initiate or resume the Formal Resolution Process.

If an investigation is already underway, the Coordinator has discretion to determine if an investigation will be paused, if it will be limited, or if it will continue during the Informal Resolution process.

A. Notice of Investigation and Allegations

Prior to an investigation, the Coordinator will provide the Parties with a detailed written Notice of Investigation and Allegations (NOIA). Amendments and updates to the NOIA may be made as the investigation progresses and more information becomes available regarding the addition or dismissal of various allegations. For climate/culture investigations that do not have an identifiable Respondent, the NOIA may be sent to the department/office/program head for the area/program being investigated.

The NOIA typically includes:

  • A meaningful summary of all allegations
  • The identity of the involved Parties (if known)
  • The precise misconduct being alleged
  • The date and location of the alleged incident(s) (if known)
  • The specific policies/offenses implicated
  • A description of, link to, or copy of the applicable procedures
  • A statement that the Parties are entitled to an equal opportunity to access the relevant and not otherwise impermissible evidence
  • The name(s) of the Investigator(s), along with a process to identify to the Coordinator, in advance of the interview process, any conflict of interest that the Investigator(s) may have
  • A statement that Suffolk University presumes the Respondent is not responsible for the reported misconduct unless and until the evidence supports a different determination
  • A statement that determinations of responsibility are made at the conclusion of the process and that the Parties will be given an opportunity during the review and comment period to inspect and review all relevant evidence
  • A statement that retaliation is prohibited
  • Information about the confidentiality of the process, including that the Parties and their Advisors (if applicable) may not share Suffolk University work product obtained through the Resolution Process
  • A statement that the Parties may have an Advisor of their choice who may accompany them through all steps of the Resolution Process
  • A statement informing the Parties that Suffolk University ’s Policy prohibits knowingly making false statements, including knowingly submitting false information during the Resolution Process
  • Detail on how a party may request disability accommodations during the Resolution Process
  • A link to Suffolk University ’s VAWA Brochure
  • An instruction to preserve any evidence that is directly related to the allegations
  • A statement that Parties who are members of a union are entitled to union representation throughout the process

Notification will be made in writing and may be delivered by one or more of the following methods: in person, mailed to the local or permanent address(es) of the Parties as indicated in official Suffolk University records, or emailed to the Parties’ Suffolk University -issued email or designated accounts. Once mailed, emailed, and/or received in person, the notification will be presumptively delivered.

Suffolk University will make a good faith effort to complete the Resolution Process within ninety (90) business days, including any appeals, which can be extended as necessary for appropriate cause by the Coordinator. The Parties will receive regular updates on the progress of the Resolution Process, as well as notification and a rationale for any extensions or delays, and an estimate of how much additional time will be needed to complete the process.

Investigations are completed expeditiously although some investigations may take longer, depending on issues such as the nature, extent, and complexity of the allegations, witness availability, law enforcement involvement, and other factors.

If a party or witness chooses not to participate in the Resolution Process or becomes unresponsive, Suffolk University reserves the right to continue it without their participation to ensure a prompt resolution. Non-participatory or unresponsive Parties retain the rights outlined in this Policy and the opportunity to participate in the Resolution Process.

Any individual materially involved in the administration of the Resolution Process, including the Coordinator, Investigator(s), and Decision-maker(s), may neither have nor demonstrate a conflict of interest or bias for a party generally, or for a specific Complainant or Respondent.

The Coordinator will vet the assigned Investigator(s), Decision-maker(s), and Appeals officers for impartiality by ensuring there are no actual or apparent conflicts of interest or disqualifying biases. At any time during the Resolution Process, the Parties may raise a concern regarding bias or conflict of interest, and the Coordinator will determine whether the concern is reasonable and supportable. If so, another individual will be assigned, and the impact of the bias or conflict, if any, will be remedied. If the source of the conflict of interest or bias is the Coordinator, concerns should be raised with Human Resources or the Dean of Student Affairs, depending on status of the requesting party.

The Formal Resolution Process involves an objective evaluation of all available relevant and not otherwise impermissible evidence, including evidence that supports that the Respondent engaged in a Policy violation and evidence that supports that the Respondent did not engage in a Policy violation. Credibility determinations may not be based solely on an individual’s status or participation as a Complainant, Respondent, or witness. All Parties have a full and fair opportunity, through the investigation process, to suggest witnesses and questions, to provide evidence, and to receive a written investigation report that accurately summarizes this evidence.

Once an investigation is initiated, the Coordinator appoints an Investigator(s) to conduct it. These Investigators will be properly trained as determined by the Title IX Coordinator, whether internal or external to the Suffolk University’s community.

Employees witnesses (not including Complainant and Respondent) are required to cooperate with and participate in Suffolk University ’s investigation and Resolution Process. Student witnesses are expected to cooperate with the investigation and may face Student Conduct sanctions for refusal to participate. Witnesses from outside Suffolk University community cannot be required to participate but are encouraged to cooperate with Suffolk University investigations and to share what they know about a Complaint.

Interviews may be conducted in person, via online video platforms (e.g., Zoom, Microsoft Teams, FaceTime, WebEx, etc.), or, in limited circumstances, by telephone. Suffolk University will take appropriate steps to ensure the security/privacy of remote interviews.

Parties and witnesses may also provide written statements in lieu of interviews or choose to respond to written questions, if deemed appropriate by the Investigator(s), though not preferred.

It is standard practice for Investigators to create record of all interviews pertaining to the Resolution Process (other than Informal Resolution meetings). The Parties may request to review the substance of their own interviews. No unauthorized audio or video recording of any kind is permitted during investigation meetings. If an Investigator(s) elects to audio and/or video record interviews, all involved individuals should be made aware of audio and/or video recording, and these recordings, if made, will be provided to the Parties for their review.

The Investigator(s) and the Decision-maker(s) will only consider evidence that is deemed relevant and not otherwise impermissible.

Relevant evidence is that which may aid in determining whether the allegation occurred, or whether the behavior constitutes a violation of Policy.

Impermissible evidence is defined as evidence that relates to the Complainant’s sexual interests or prior sexual conduct, unless 1) evidence about the Complainant’s prior sexual conduct is offered to prove that someone other than the Respondent committed the alleged conduct, or 2) is evidence about specific incidents of the Complainant’s prior sexual conduct with the Respondent that is offered to prove consent.

The fact of prior consensual sexual conduct between the Complainant and Respondent does not by itself demonstrate or imply the Complainant’s consent or preclude a determination that sex-based harassment occurred.

Prior Bad Acts

Previous disciplinary action of any kind involving the Respondent may not be considered unless there is an allegation of a pattern of misconduct. Such information may also be considered in determining an appropriate sanction upon a determination of responsibility. Barring a pattern allegation, this information is only considered at the sanction stage of the process and is not shared until then.

Character Evidence

Within the limitations stated above, the investigation and determination can consider character evidence, if offered, but that evidence is unlikely to be relevant unless it is fact evidence or relates to a pattern of conduct.

At any point in the proceedings, if a Respondent elects to admit to the charged violations and waive further process, the Decision-maker is authorized to accept that admission, adopt it as their finding/final determination, and administer sanctions. This would also waive all rights to appeal for the Respondent. If the Respondent rejects the finding/final determination/sanctions, or does not admit to all conduct charged, the Formals Resolution Process continues to its conclusion.

All investigations are adequate, thorough, reliable, impartial, prompt, and fair. They involve interviews with all relevant Parties and witnesses, obtaining relevant evidence, and identifying sources of expert information, as necessary.

After an interview, Parties and witnesses will be asked to verify the accuracy of their draft statements or summary of their interview. They may submit, verbally or in writing, changes, edits, or clarifications. If the Parties or witnesses do not respond within the time period designated for verification, objections to the accuracy of the draft statement or summary will be deemed to have been waived, and no changes will be permitted.

Suffolk University may consolidate Complaints against more than one Respondent, or by more than one Complainant against one or more Respondents, when the allegations arise from the same facts or circumstances or implicate a pattern, collusion, and/or other shared or similar actions.

The Investigator(s) typically take(s) the following steps, if not already completed and not necessarily in this order:

  • Determine the identity and contact information of the Complainant.
  • Assist the Coordinator, if needed, with conducting a prompt initial evaluation to determine if the allegations indicate a potential Policy violation.
  • Work with the Coordinator, as necessary, to prepare the initial Notice of Investigation and Allegations (NOIA). The NOIA may be amended with any additional or dismissed allegations.
  • Commence a thorough, reliable, and impartial investigation. When participation of a party is expected, provide that party with written notification of the date, time, and location of the meeting, as well as the expected participants and purpose.
  • Make good faith efforts to notify each party of any meeting or interview involving another party, in advance when possible.Interview the Complainant and the Respondent and conduct follow-up interviews with each, as necessary.
  • Interview all available, relevant witnesses and conduct follow-up interviews as necessary.
  • Provide each interviewed party an opportunity to review and verify the Investigator’s summary notes (or transcript or recording) of the relevant evidence/testimony from their respective interviews and meetings.
  • Allow each party the opportunity to suggest witnesses and questions they wish the Investigator(s) to ask of another party and/or witnesses. Document in the investigation report which questions were asked, with a rationale for any changes or omissions.
  • Where possible, complete the investigation promptly and without unreasonable deviation from the intended timeline.
  • Provide the Parties with regular status updates throughout the investigation.
  • The Parties and their respective Advisors will be notified of all witnesses whose information will be used to render a finding.
  • Allow the Parties to submit questions they would like asked of the other party or any witnesses. The Investigator will ask those questions deemed relevant, and for any question deemed not relevant, will provide a rationale for not asking the question.
  • Write a draft investigation report that gathers, assesses, and synthesizes the evidence, accurately summarizes the investigation, and party and witness interviews, and provides all relevant evidence. Review the final written draft with the parties to ensure the accuracy of the draft.
  • The Investigator will submit the final draft report to the Nondiscrimination Coordinator, and an assessment of whether the facts satisfy or do not satisfy each element of each charge, and the credibility of the parties and witnesses. The Title IX Coordinator may accept the draft as final, or return the draft for further investigation if deemed necessary by the Coordinator.
  • The Coordinator will assign Advisors to the parties and the Investigator or the Coordinator will provide the Parties and their respective Advisors an electronic copy of the draft investigation report as well as an opportunity to inspect and review all relevant evidence obtained as part of the investigation for a review and comment period of ten (10) business days so that each party may meaningfully respond to the evidence. The Parties may elect to waive all or part of the review period.
  • The report may be shared with legal counsel for their review and feedback.

The Formal Resolution Process consists of a hand-off of the investigation report and all relevant evidence to the Decision-maker to make a finding and determine sanctions (if applicable).

The Formal Resolution Process typically takes approximately thirty (30) business days to complete, beginning with the Decision-maker’s receipt of the Draft Investigation Report. The Parties will be updated regularly on the timing and any significant deviation from this typical timeline.

Investigator-led Questioning Meetings

The Coordinator provides the Draft Investigation Report to the Decision-maker and the Parties and their Advisors simultaneously for review.

  • The Decision-maker can then provide the Investigator with a list of relevant questions to ask the Parties or any witnesses.
    • To the extent credibility is in dispute and relevant to one or more of the allegations, the questions provided by the Decision-maker may also explore credibility.
  • The Investigator will also ask each of the Parties to provide a proposed written list of questions to ask the other Parties and any witnesses.
    • To the extent credibility is in dispute and relevant to one or more of the allegations, questions proposed by the Parties may also explore credibility.
    • All party questions must be posed during this phase of the process and cannot be posed later unless authorized by the Decision-maker.
    • The Investigator will share all party-proposed questions with the Decision-maker, who will finalize the list with the Investigator to ensure all questions are both relevant and permissible. The parties may be notified of the Decision-maker's final list of permissible questions, prior to the individual meetings between the Investigator and the parties.
  • The Investigator will then hold individual meetings with the Parties and witnesses to ask the questions posed by the Decision-maker,16 as well as the questions proposed by the Parties that have been deemed relevant and not duplicative, including questions intended to assess credibility. These meetings will be recorded and transcribed.
    • For any question deemed not relevant or duplicative, if not provided previously by the Decision-maker, the Investigator will provide the Decision-Maker's rationale for not asking the question, either during the recorded meeting, or in writing (typically as an Appendix to the report).
  • Typically, within three (3) business days of the last of these meetings, the recordings or transcripts of them will be provided to the Parties for their review. The Parties will then have five (5) business days to review these recordings or transcripts and propose follow-up questions to be asked by the Investigator.
  • The Investigator will review the proposed questions with the Decision-maker, to determine relevance and permissibility. If deemed necessary, the Investigator will then meet individually with the Parties or witnesses for whom there are relevant, and not duplicative, follow-up questions. These follow-up meetings will also be recorded, and the Parties will receive the recordings or transcripts of these meetings. This final round of questioning is the last such round permitted, unless leave is granted to extend, by the Decision-maker.
  • The Investigator will then incorporate any new, relevant evidence and information obtained through the Parties’ review of the Draft Investigation Report, the questioning, and follow-up meetings into a Final Investigation Report.
  • The Investigator will then share the investigation report with the Coordinator. The report may also be shared with legal counsel if necessary.
  • The Final Investigation Report and investigation file will then be provided to the Coordinator.

16 The Decision-maker is permitted but not required to attend this meeting; this decision is at the discretion of the Nondiscrimination Coordinator, in consultation with the Investigator and the DM.

  • The Coordinator will provide the Decision-maker access to the Final Investigation Report and investigation file, including the evidence and information obtained through the Investigator-led questioning meetings.
  • The Decision-maker will review the Final Investigation Report, all appendices, and the investigation file.
  • If the record is incomplete, the Decision-maker may direct a re-opening of the investigation, or may direct or conduct any additional inquiry necessary, including informally meeting with the Parties or any witnesses, if needed.
  • Upon reviewing the relevant evidence, the Decision-maker may also choose to pose additional questions:
    • To the extent credibility is in dispute and relevant to one or more of the allegations, the Decision-maker may meet individually with the Parties and witnesses to question them in order to assess their credibility. These meetings will be recorded and shared with the Parties.
    • At their discretion, the Decision-maker may also meet with any party or witness to ask additional relevant questions that will aid the Decision-maker in making their findings. These meetings will be recorded and shared with the Parties.
  • The Decision-maker will then apply the preponderance of the evidence standard to make a determination on each of the allegations and, if applicable, any sanctions.
  • Timeline. The Decision-maker’s determination process typically takes approximately ten (10) business days, but this timeframe can vary based on a number of factors and variables, The Parties will be notified of any delays.
  • Impact Statements. Prior to a determination, the Coordinator will also provide the Parties an opportunity to submit a written impact and/or mitigation statement. The Coordinator will review these statements upon receipt to determine whether there are any immediate needs, issues, or concerns, but will otherwise hold them until after the Decision-maker has made determinations on the allegations. If there are any findings of a Policy violation, the Decision-maker will request the Impact Statements from the Coordinator and review them prior to determining sanctions. They will also be exchanged between the Parties at that time.
  • If it is later determined that a party or witness intentionally provided false or misleading information, that action could be grounds for re-opening a Formal Resolution Process at any time, and/or referring that information to another process for resolution.

Factors considered by the Decision-maker when determining sanctions and responsive actions may include, but are not limited to:

  • The nature, severity of, and circumstances surrounding the violation(s)
  • The Respondent’s disciplinary history
  • The need for sanctions/responsive actions to bring an end to the discrimination, harassment, and/or retaliation
  • The need for sanctions/responsive actions to prevent the future recurrence of discrimination, harassment, and/or retaliation
  • The need to remedy the effects of the discrimination, harassment, and/or retaliation on the Complainant and the community
  • The impact on the Parties
  • Any other information deemed relevant by the Decision-maker(s)

The sanctions will be implemented as soon as it is feasible once a determination is final, either upon the outcome of any appeal or the expiration of the window to appeal, without an appeal being requested.

The sanctions described in this Policy are not exclusive of, and may be in addition to, other actions taken, or sanctions imposed, by external authorities.

Within ten (10) business days of the Decision-Makers final determination and the conclusion of the Formal Resolution Process, the Coordinator provides the Parties with a written outcome notification. The outcome notification and the Decision Makers rationale for each alleged Policy violation, as well as any applicable sanctions, will be shared with the parties.

The notification will also detail the Parties’ equal rights to appeal, the grounds for appeal, the steps to take to request an appeal, and when the determination is considered final if neither party appeals.

The Coordinator will provide the Parties with the outcome notification simultaneously, or without significant time delay between notifications. The written outcome notification may be delivered by one or more of the following methods: in person, mailed to the local or permanent address of the Parties as indicated in official Suffolk University records, or emailed to the Parties’ Suffolk University -issued or designated email account. Once mailed, emailed, and/or received in person, the outcome notification is presumptively delivered.

Students

Should a student Respondent decide not to participate in the Resolution Process, the process proceeds absent their participation to a reasonable resolution. If a student Respondent withdraws from Suffolk University, the Resolution Process may continue, or Coordinator may exercise their discretion to dismiss the Complaint. If the Complaint is dismissed, Suffolk University will still provide reasonable supportive or remedial measures as deemed necessary to address safety and/or remedy any ongoing effects of the alleged harassment, discrimination, and/or retaliation.

Regardless of whether the Complaint is dismissed or pursued to completion of the Resolution Process, Suffolk University will continue to address and remedy any systemic issues or concerns that may have contributed to the alleged violation(s), and any ongoing effects of the alleged discrimination, harassment, and/or retaliation.

When a student withdraws or leaves while the process is pending, the student may not return to Suffolk University in any capacity until the Complaint is resolved and any sanctions imposed are satisfied. If the student indicates they will not return, the Coordinator has discretion to dismiss the Complaint. The Registrar and Office of Admissions will be notified, accordingly.

If the student Respondent takes a leave for a specified period of time (e.g., one semester or term), the Resolution Process may continue remotely. If found in violation, that student is not permitted to return to Suffolk University unless and until all sanctions, if any, have been satisfied.

Employees

Should an employee Respondent decide not to participate in the Resolution Process, the process proceeds absent their participation to a reasonable resolution.

If a student employee Respondent withdraws from Suffolk University with unresolved allegations pending, the Resolution Process may continue, or Coordinator may exercise their discretion to dismiss the Complaint. If the Complaint is dismissed, Suffolk University may still provide reasonable supportive or remedial measures as deemed necessary to address safety and/or remedy any ongoing effects of the alleged discrimination, harassment, and/or retaliation.

When an employee respondent resigns and the Complaint is dismissed, the employee may not return to Suffolk University in any capacity. Human resources, the registrar, and admissions will be notified, accordingly, and a note will be placed in the employee’s file that they resigned with allegations pending and are not eligible for academic admission or rehire with Suffolk University. The records retained by the Coordinator will reflect that status.

The Coordinator will designate a single, trained Appeal Decision-maker that is internal or external, to hear the appeal. No Appeal Decision-maker(s) will have been previously involved in the Resolution Process for the Complaint, including in any supportive measure or dismissal appeal that may have been heard earlier in the process.

Advisors present during the preceding process will be notified of appeals and appellate decisions. Advisors are permitted but not required to assist during any party appeal; the University will not appoint Advisors for appellate purposes.

A. Appeal Grounds

Appeals are limited to the following grounds:

A procedural irregularity that would change the outcome

New evidence that would change the outcome and that was not reasonably available at the time the determination regarding responsibility or dismissal was made.

The Coordinator, Investigator(s), or Decision-maker(s) had a conflict of interest or bias for or against Complainants or Respondents generally or the specific Complainant or Respondent that would change the outcome.

B. Request for Appeal

Any party may submit a written request for appeal (“Request for Appeal”) to the Coordinator within five (5) business days of the delivery of the Notice of Outcome.

The Request for Appeal will be forwarded to the Appeal Decision-maker for consideration to determine if the request meets the grounds for appeal (a Review for Standing). This is not a review of the merits of the appeal, but solely a determination as to whether the request could reasonably be construed to meet the grounds and is timely filed.

If the Request for Appeal does not provide information that meets the grounds in this Policy, the request will be denied by the Appeal Decision-maker, and the Parties and their Advisors will be simultaneously notified in writing of the denial and the rationale.

If any of the grounds in the Request for Appeal meet the grounds in this Policy, then the Appeal Decision-maker will notify all Parties and their Advisors, the Coordinator, and, when appropriate, the Investigator(s) and/or the original Decision-maker.

All other Parties and their Advisors, the Coordinator, and, when appropriate, the Investigator(s) and/or the Decision-maker will be provided a copy of the Request for Appeal with the approved grounds and then be given five (5) business days to submit a response to the portion of the appeal that was approved and involves them. The Appeal Decision-maker will forward all responses, if any, to all Parties for review and comment.

The non-appealing party (if any) may also choose to appeal at this time. If so, that Request for Appeal will be reviewed by the Appeal Decision-maker to determine if it meets the grounds in this Policy and will either be approved or denied. If approved, it will be forwarded to the party who initially requested an appeal, the Coordinator, and the Investigator(s) and/or original Decision-maker, as necessary, who will submit their responses, if any, within five (5) business days. Any such responses will be circulated for review and comment by all Parties. If denied, the Parties will be notified accordingly, in writing.

No party may submit any new Requests for Appeal after this time period. The Appeal Decision-maker will collect any additional information needed and all documentation regarding the approved appeal grounds, and the subsequent responses will be shared with the Appeal Decision-maker, who will promptly render a decision.

C. Appeal Determination Process

In most cases, appeals are confined to a review of the written documentation or record of the original determination and pertinent documentation regarding the specific appeal grounds. The Appeals Decision-maker will deliberate as soon as is practicable and discuss the merits of the appeal.

Appeal decisions are to be deferential to the original determination, making changes to the finding only when there is clear error and a compelling justification to do so. All decisions apply the preponderance of the evidence standard.

An appeal is not an opportunity for the Appeal Decision-makers to substitute their judgment for that of the original Decision-maker merely because they disagree with the finding and/or sanction(s).

The Appeal Decision-maker may consult with the Coordinator and/or legal counsel on questions of procedure or rationale, for clarification, if needed. The Coordinator will maintain documentation of all such consultation.

D. Appeal Outcome

An appeal may be granted or denied. Appeals that are granted should normally be remanded (or partially remanded) to the original Investigator(s) and/or Decision-maker with corrective instructions for reconsideration. In rare circumstances where an error cannot be cured by the original Investigator(s) and/or Decision-maker or the Coordinator (as in cases of bias), the Appeal Decision-maker may order a new investigation and/or a new determination with new administrators serving in the Investigator and Decision-maker roles.

A Notice of Appeal Outcome letter will be sent to all Parties simultaneously, or without significant time delay between notifications. The Appeal Outcome will specify the finding on each ground for appeal, any specific instructions for remand or reconsideration, and the rationale supporting the essential findings.

Written notification may be delivered by one or more of the following methods: in person, mailed to the local or permanent address of the Parties as indicated in official institutional records, or emailed to the Parties’ Suffolk University -issued email or otherwise approved account. Once mailed, emailed, and/or received in person, the Appeal Outcome will be presumptively delivered.

Once an appeal is decided, the outcome is final and constitutes the Final Determination; further appeals are not permitted, even if a decision or sanction is changed on remand (except in the case of a new determination). When appeals result in no change to the finding, that decision is final. When an appeal results in a new finding or, that finding can be appealed one final time on the grounds listed above and in accordance with these procedures.

If a remand results in a new determination that is different from the appealed determination, that new determination can be appealed, once, on any of the three available appeal grounds.

E. Sanction Status During the Appeal

Any sanctions imposed as a result of the determination are stayed (i.e., not implemented) during the appeal process, and supportive measures may be maintained or reinstated until the appeal determination is made.

Following the conclusion of the resolution process, and in addition to any sanctions implemented, the Coordinator may implement additional long-term remedies or actions with respect to the parties and/or the campus community that are intended to stop the harassment, discrimination, and/or retaliation, remedy the effects, and prevent reoccurrence.

These remedies/actions may include, but are not limited to:

  • Referral to counseling and health services
  • Referral to the Employee Assistance Program
  • Course and registration adjustments, such as retroactive withdrawals
  • Education to the individual and/or the community
  • Permanent alteration of housing assignments
  • Permanent alteration of work arrangements for employees
  • Provision of campus safety escorts
  • Climate surveys
  • Policy modification and/or training
  • Provision of transportation assistance
  • Implementation of long-term contact limitations between the Parties
  • Implementation of adjustments to academic deadlines, course schedules, etc.

At the discretion of the Title IX Coordinator, certain long-term support or measures may also be provided to the parties even if no policy violation is found. When no policy violation is found, the Title IX Coordinator will address any remedies owed by the University to the Respondent to ensure no effective denial of educational access. The University will maintain the privacy of any long-term remedies/actions/measures, provided privacy does not impair the University’s ability to provide these service.

All Respondents are expected to comply with the assigned sanctions, responsive actions, corrective actions, and/or Informal Resolution terms within the timeframe specified by the final Decision-maker(s), including the Appeal Decision-maker or the Informal Resolution agreement.

Failure to abide by the sanction(s)/action(s) imposed by the date specified, whether by refusal, neglect, or any other reason, may result in additional sanction(s)/action(s), including suspension, expulsion, and/or termination from Suffolk University.

Supervisors are expected to enforce the completion of sanctions/responsive actions for their employees.

A suspension imposed for non-compliance with sanctions will only be lifted when compliance is achieved to the Coordinator’s satisfaction.

Disability Accommodations

Suffolk University is committed to providing reasonable accommodations and support to qualified students, employees, or others with disabilities to ensure equal access to Suffolk University ’s Resolution Process.

Anyone needing such accommodations or support should contact the Coordinator, who will work with disability support colleagues as appropriate to review the request and, in consultation with the person requesting the accommodation, determine which accommodations are appropriate and necessary for full process participation.

Other Support

Suffolk University will also address reasonable requests for support for the Parties and witnesses, including:

  • Language services/Interpreters
  • Access and training regarding use of technology throughout the Resolution Process
  • Other support as deemed reasonable and necessary to facilitate participation in the Resolution Process

These procedures succeed any previous procedures addressing discrimination, harassment, and retaliation for incidents occurring on or after August 1, 2024. The Coordinator will regularly review and update these procedures. 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 governing 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 governing laws or 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.

These procedures are effective August 1, 2024.

The following definitions apply to the Nondiscrimination Policy17:

17 Expanded definitions of terms may be found within the relevant portions of the full Nondiscrimination Policy.

  • Advisor. Any person chosen by a party, or appointed by the institution, who may accompany the party to all meetings related to the Resolution Process and advise the party on that process. Advisors will be appointed for all parties participating in a formal resolution.
  • Affirmative Consent is consent which 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. Whoever initiates sex has the responsibility to ask for and receive permission. Participants are encouraged to talk to one another before engaging in sexual activity to avoid a misunderstanding.
  • Amnesty: The University community encourages the reporting of misconduct and crimes by Complainants and witnesses. To encourage reporting and participation in the process, the University maintains a policy of offering parties and witnesses amnesty from minor policy violations – such as consumption of alcohol or the use of illicit drugs if related to a Title IX incident. A party or witness who files a report 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. Students and employees, whether as parties to the proceedings or as witnesses, are expected to provide truthful testimony.
  • Bias is a broad category of behaviors that demean or intimidate individuals or groups because of personal characteristics, beliefs, or expressions. Bias incidents may be acts committed against a person or group that are motivated in whole or in part by prejudice against the person’s or group’s sex, gender identity, sexual orientation, national origin, race, religion, disability, veteran status or other groups. Some expressions of an idea or point of view may be offensive or inflammatory, however, not all acts of expression violate the University nondiscrimination policy or other policies. The University values freedom of expression and the open exchange of ideas, and the expression of controversial ideas and differing views is a vital part of the University’s mission.
  • Coordinator. The person(s) with primary responsibility for overseeing and enforcing the Nondiscrimination Policy. As used in these policies and procedures, the “Coordinator” also includes their designee(s).
  • Appeal Decision-maker. The person who accepts or rejects a submitted appeal request, determines whether any of the grounds for appeal are met, and directs responsive action(s), accordingly.
  • Complainant. A student or employee who is alleged to have been subjected to conduct that could constitute discrimination, harassment, or retaliation under the Policy; or a person other than a student or employee who is alleged to have been subjected to conduct that could constitute discrimination or harassment or under the Policy and who was participating or attempting to participate in Suffolk University ’s education program or activity at the time of the alleged discrimination, harassment or retaliation.
  • Complaint. An oral or written request to Suffolk University that can objectively be understood as a request for Suffolk University to investigate and make a determination about the alleged Policy violation(s).
  • Confidential Resource Provider means an employee who is not a Mandated Reporter of notice of harassment, discrimination, and/or retaliation (irrespective of Clery Act Campus Security Authority status).
  • Confidential Employee
    • An employee whose communications are privileged or confidential under federal or state law. The employee’s confidential status, for purposes of this definition, is only with respect to information received while the employee is functioning within the scope of their duties to which privilege or confidentiality applies; or
    • An employee whom Suffolk University has designated as confidential under this Policy for the purpose of providing services to persons related to discrimination, harassment, or retaliation. If the employee also has a duty not associated with providing those services, the employee’s confidential status only applies with respect to information received about discrimination, harassment, or retaliation in connection with providing those services; or
    • An employee who is conducting an Institutional Review Board-approved human-subjects research study designed to gather information about discrimination, harassment, or retaliation. The employee’s confidential status only applies with respect to information received while conducting the study.
  • Day. A business day when Suffolk University is in normal operation. All references in the Policy to days refer to business days unless specifically noted as calendar days.
  • Decision-maker. The person who hears evidence, determines relevance, and makes the Final Determination of whether Policy has been violated and/or assigns sanctions.
  • Discrimination is conduct that is based upon an individual’s race, color, national or ethnic origin, religion, sex, age, disability, sexual orientation, 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.
  • Education Program or Activity.  Locations, events, or circumstances where Suffolk University exercises substantial control over the context in which the discrimination, harassment, and/or retaliation occurs and also includes any building owned or controlled by a student organization that Suffolk University officially recognizes.
  • Employee. A person employed by Suffolk University either full- or part-time, including student employees when acting within the scope of their employment.
  • Final Determination. A conclusion by the standard of proof that the alleged conduct did or did not violate Policy.
  • Finding. A conclusion by the standard of proof that the conduct did or did not occur as alleged (as in a “finding of fact”).
  • Informal Resolution. A resolution agreed to by the Parties and approved by the Coordinator that occurs prior to a Final Determination in the Formal Resolution Process.
  • Formal Resolution is a method of formal resolution designated by the University to address conduct that falls within the policies included below, and which complies with the requirements of 34 CFR Part 106.45 and 106.46.
  • Hostile Environment
    • 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 it denies a person’s ability to participate in or benefit from Suffolk University’s employment, educational program, employment, or activity.
    • Sex-based hostile environment under Title IX requires unwelcome sex-based conduct 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, employment or activity.
  • Investigation Report. The Investigator’s summary of all relevant evidence gathered during the investigation. Variations include the Draft Investigation Report and the Final Investigation Report.
  • Investigator. The person(s) authorized by Suffolk University to gather facts about an alleged violation of this Policy, assess relevance and credibility, synthesize the evidence, and compile this information into an Investigation Report. The Investigator may be a University employee or may be retained from an outside organization by the University. All Investigators will be trained in investigations pursuant to Title IX requirements.
  • Knowledge. When Suffolk University receives Notice of conduct that reasonably may constitute harassment, discrimination, or retaliation in its Education Program or Activity.
  • Mandated Reporter.18,19 A Suffolk University employee who is obligated by Policy to share Knowledge, Notice, and/or reports of discrimination, harassment, and/or retaliation with the Coordinator.

18 Not to be confused with those mandated by state law to report child abuse, elder abuse, and/or abuse of persons with disabilities to appropriate officials, though these responsibilities may overlap with those who have mandated reporting responsibility under this Policy.
19 The Coordinator designated to receive information from Mandated Reporters may vary depending upon the type of alleged discrimination, harassment, or retaliation (e.g., on the basis of sex, on the basis of race, on the basis of disability).

  • No Contact Order is a non-punitive supportive measure where the University campus police, Student Affairs or Title IX Coordinator prohibits a student, employee or third party from contacting another student, employee, or third party.
  • Notice. When an employee, student, or third party informs the Coordinator of the alleged occurrence of discriminatory, harassing, and/or retaliatory conduct.
  • Official with Authority (OWA) means an employee of the University explicitly vested with the responsibility to implement corrective measures for harassment, discrimination, and/or retaliation on behalf of the University.
  • Parties. The Complainant(s) and Respondent(s), collectively.
  • Pregnancy or Related Conditions. Pregnancy, childbirth, termination of pregnancy, or lactation, medical conditions related thereto, or recovery therefrom.
  • Protected Characteristic. Any characteristic for which a person is afforded protection against discrimination and harassment by law or Suffolk University Policy.
  • Protective Order:  An order of protection (Restraining Order and/or Harassment Order) issued by a court to limit the behavior of someone who harms or threatens to harm another person. It is used to address various types of safety issues, including, but not limited to situations involving sexual assault, dating violence, domestic violence, or stalking.
  • Relevant Evidence. Evidence that may aid a Decision-maker in determining whether the alleged discrimination, harassment, or retaliation occurred, or in determining the credibility of the Parties or witnesses.
  • Remedies. Typically, post-resolution actions directed to the Complainant and/or the community as mechanisms to address safety, prevent recurrence, and restore or preserve equal access to Suffolk University ’s Education Program and Activity.
  • Resolution Process. The investigation and resolution of allegations of prohibited conduct under this Policy, including Informal Resolution, Administrative Resolution, and/or Hearing Resolution
  • Respondent. A person who is alleged to have engaged in conduct that could constitute discrimination based on a protected characteristic, harassment, or retaliation for engaging in a protected activity under this Policy. A Respondent may be a student, employee, or student organization.
  • Sanction. A consequence imposed on a Respondent who is found to have violated this Policy.
  • Sex. Sex assigned at birth, sex stereotypes, sex characteristics, pregnancy or related conditions, sexual orientation, and gender identity.
  • Standard of Proof is used in resolving complaints pursuant to the Nondiscrimination Policy. The University will use a “preponderance of the evidence,” standard, which is whether the evidence gathered and information provided during the investigation supports a finding that it is more likely than not that the Respondent violated the Nondiscrimination policy.
  • Student is defined for the purpose of this policy as any individual who has accepted an offer of admission, or who is registered or enrolled for credit or non-credit bearing coursework, and who maintains an ongoing relationship with the University.
  • Supportive Measures are non-disciplinary, non-punitive individualized services offered as appropriate, as reasonably available, and without fee or charge to the complainant or the respondent before or after the filing of a formal complaint or where no formal complaint has been filed. Supportive measures may include counseling, extensions of deadlines or other course related adjustments; modifications of work or class schedules; campus escort services; mutual restrictions on contact between the parties; changes in work or housing locations; leaves of absence; increased security and monitoring of certain areas of the campus; and other similar measures.
  • Title IX is a comprehensive federal law that prohibits discrimination on the basis of sex in any federally funded education program or activity. On June 23, 1972, the President signed Title IX of the Education Amendments of 1972, 20 U.S.C. §1681 et seq., into law. The principal objective of Title IX is to avoid the use of federal money to support sex discrimination in education programs and to provide individual citizens effective protection against those practices.
  • Title IX Coordinator is the official administrator identified by the University to monitor compliance; ensure and coordinate education and training; coordinate the investigation, response, and resolution of all Title IX reports under the Nondiscrimination policies; and ensure appropriate actions to eliminate, prevent its recurrence, address its effect on persons and the Community as a whole. The University has identified the Director of Title IX & Clery Act Compliance in this role:

Catherine LaRaia, Director of Title IX & Clery Act Compliance
73 Tremont Street, 13th floor
617-573-8027
Email Catherine LaRaia
Title IX at Suffolk on the Web

For the purpose of this Policy, the terms privacy, confidentiality, and privilege have distinct meanings.

  • Privacy. Means that information related to a complaint will be shared with a limited number of Suffolk University employees who “need to know” in order to assist in providing supportive measures or evaluating, investigating, or resolving the Complaint. All employees who are involved in Suffolk University ’s response to Notice under this Policy receive specific training and guidance about sharing and safeguarding private information in accordance with federal and state law.
  • Confidentiality. Exists in the context of laws or professional ethics (including Title IX) that protect certain relationships, including clinical care, mental health providers, and counselors. Confidentiality also applies to those designated by Suffolk University as Confidential Employees for purposes of reports under this Policy, regardless of legal or ethical protections. When a Complainant shares information with a Confidential Employee, the Confidential Employee does not need to disclose that information to the Title IX Coordinator. The Confidential Resource will, however, provide the Complainant with the Title IX Coordinator’s contact information, assist the Complainant in reporting, if desired, and provide them with information on how the <<office>> can assist them. With respect to Confidential Employees, information may be disclosed when: (1) the reporting person gives written consent for its disclosure; (2) there is a concern that the person will likely cause serious physical harm to self or others; or (3) the information concerns conduct involving suspected abuse or neglect of a minor under the age of 18, elders, or persons with disabilities. Non-identifiable information may be shared by Confidential Employees for statistical tracking purposes as required by the Clery Act/Violence Against Women Act (VAWA). Other information may be shared as required by law.
  • Privilege. Exists in the context of laws that protect certain relationships, including attorneys, spouses, and clergy. Privilege is maintained by a provider unless a court orders release or the holder of the privilege (e.g., a client, spouse, parishioner) waives the protections of the privilege. Suffolk University treats employees who have the ability to have privileged communications as Confidential Employees.

Suffolk University reserves the right to determine which Suffolk University officials have a legitimate educational interest in being informed about student-related incidents that fall under this Policy, pursuant to FERPA.

Only a small group of officials who need to know will typically be told about the Complaint. Information will be shared as necessary with Investigators, Decision-makers, Appeal Decision-makers, witnesses, the Parties, and the Parties’ Advisors. The circle of people with this knowledge will be kept as tight as possible to preserve the Parties’ rights and privacy, and release is governed by the institution’s unauthorized disclosure policy.

Suffolk University may contact students’ parents/guardians to inform them of situations in which there is a significant and articulable health and/or safety risk but will usually consult with the student prior to doing so.

1. Students and Student Organizations Sanctions

  • When a student has been found responsible for a violation of the University’s Nondiscrimination Policy, any of the following sanctions may be imposed by the University. The list below is not intended to be exhaustive and the University reserves the right to impose one or more sanctions for a single violation or impose other sanctions instead of or in addition to those specified below. In addition, a responsible finding may result in forfeiture of all University scholarships, financial aid, or monies paid. When a finding of responsibility has been made and sanctions assigned it will be noted on the student transcript.
  • Warning: A notice, either verbal or written, that the student is violating or has violated University regulations, must cease the conduct immediately, and that continuation or repetition of wrongful conduct may be cause for more severe disciplinary action.
  • Private Reprimand: A notice, either verbal and/or written, directly to the student that the student has violated University regulations.
  • Parental Notification: The University reserves the right to notify parents/guardians regarding any serious health or safety risk, and when students under the age of 21 have been found responsible for violating the University’s alcohol or other drug policies.
  • Loss of Privileges: Denial of specified University and/or Residence Life & Housing or other privileges for a designated period of time, which may include, but is not limited to, denial of access to any campus facility, activity, event, class, or program. This includes, but is not limited to, orders prohibiting the student from having contact with a member of the University Community. This also includes, but is not limited to, loss of privileges in the residence halls including but not limited to: guest privileges, early arrival/late stay status, vacation period housing, or removal from a floor, room, or building. Should residence hall space not be immediately available, relocation may take place at an arranged time.
  • Confiscation of Property: Confiscation of items that the University determines are inappropriate for the University setting.
  • Restitution: Compensation for loss, damage, or injury. This may take the form of appropriate service or monetary or material replacement.
  • Educational Program or Project: Required attendance at the student’s expense at an educational workshop or completion of an educational project that will benefit the University community, responsible student, or others.
  • Referral: A student may be referred to Counseling, Health and Wellness, Student Affairs, Center for Learning & Academic Success or another appropriate office or local agency for consultation or assessment.
  • Un-enrollment from a Course and/or Academic Program: A student may be unenrolled from a course and/or an academic program. In such cases, tuition and fees for the course will not be refunded to the student.
  • No Contact Order/Directive: An order that restricts communication/contact between two or more parties.
  • Disciplinary Probation: A period of time during which a student’s behavior is subject to examination.
  • Strict Disciplinary Probation: A period of time during which a student’s behavior is subject to close examination. In addition, the student may be excluded from participation in some or all social and/or extracurricular activities, including, but not limited to, representing the University, participating in intercollegiate athletics, holding elected or appointed office in the Student Government Association/Student Bar Association/Graduation Student Association or other student organization, or studying abroad.
  • Residence Relocation: Required reassignment to another residence area.
  • Deferred Loss of Housing: Warning that if the student is found responsible for violating the University’s Sexual Misconduct and/or Nondiscrimination policies, the student may be immediately removed from the residence halls for a specific period of time, after which the student may reapply for housing.
  • Loss of Future Housing: The student is prohibited from participating in the returning student housing lottery or from participating in the returning student waitlist until the date specified or indefinitely if no date is specified.
  • Residence Hall Suspension: Separation of the student from the residence halls for a specific period of time, after which the student may reapply for housing. The student may not participate in the housing lottery for the following year or be on the housing waitlist while on Residence Hall Suspension. Reapplication for housing does not guarantee the student will receive on-campus housing. Conditions for returning to the residence halls may be specified.
  • Residence Hall Dismissal: Permanent separation of the student from the residence halls.
  • Deferred University Suspension: A warning that if the student is found responsible for violating the University’s Sexual Misconduct and/or Nondiscrimination policies during a specific period of time, the student may be immediately suspended from the University for a specific period of time, after which the student may reapply. Conditions for return may be specified.
  • University Suspension: Suspension of the student from the University for a specific period of time, after which the student may apply to return. Conditions for return may be specified. University Suspension is noted on the student’s transcript.
  • Deferred University Dismissal: Warning that if the student is found responsible for violating the University’s Equal Opportunity, Harassment, and Nondiscrimination policy the student may be immediately dismissed from the University.
  • Dismissal: Permanent separation of the student from the University. University Dismissal is noted on the student’s transcript.
  • Revocation of Admission or Degree: Admission to the University or a degree awarded from the University may be revoked for fraud, misrepresentation, or violation of the University’s Sexual Misconduct and/or Nondiscrimination policies or for other serious violations committed by a student prior to graduation.
  • Withholding of a Degree: The University may withhold awarding a degree otherwise earned until the completion of the disciplinary process, including any investigation, including the completion of all sanctions imposed, if any.
  • Student Organization Recognition in Jeopardy: A warning that if the student organization is found responsible for violating the Sexual Misconduct and/or Nondiscrimination policies during a specified period of time, the student organization’s recognition may be immediately revoked.
  • Loss of Recognition: During a specific period of time up to four years, a recognized student organization may not associate itself with the University by using the University name, facilities, or other rights and privileges of recognized student organizations, after which the organization may reapply for recognition. There is no guarantee re-recognition will be granted. If re-recognition is granted, conditions for re-recognition may be specified.

2. Employee Sanctions

Where an employee of the University violates the Nondiscrimination Policy discipline up to and including termination may be imposed.

When one of the parties in a formal resolution process is an employee, the Coordinator will notify Human Resources 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.