Handbook Flip Book Update November 2016

Victim Rights Law Center (VRLC) 617-399-6720 www.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.

VI.

The University’s Response to a Report of Sexual Misconduct

A. Interim Measures in All Situations When the University receives a complaint of Sexual Misconduct, the University will notify the Complainant of their Title IX rights and any available resources, such as victim advocacy, housing and on-campus employment assistance, academic support, counseling, disability services, health services, and legal assistance, and the right to report a crime to campus or local law enforcement. The University will also notify the Complainant of their options for interim measures to obtain a University no contact order and to change academic and co-curricular activities or their living, transportation, dining, and employment situation as appropriate. The specific interim measures implemented and the process for implementing those measures will vary depending on the facts of each case. The University will consider a number of factors in determining what interim measures to take, including, for example, the specific need(s) expressed by the Complainant; the severity or pervasiveness of the alleged Sexual Misconduct; any continuing effects on the Complainant; whether the Complainant and Respondent share the same class(es), residence hall, dining hall, co-curricular activities, or employment situation; and whether measures have been taken to protect the Complainant (e.g., civil protection orders). In general, when taking interim measures, the University will seek to minimize the burden on the Complainant. Even when a Complainant does not specifically request that protective action be taken, the University may impose interim measures at its discretion to ensure the safety of any individual, the safety of the broader University community, or the integrity of the investigation process. Determining the Investigation Approach Upon report of Sexual Misconduct to the Director of Title IX Compliance, whether directly from a Complainant or from another source, such as a Responsible Employee, Title IX requires the University to take prompt, reasonable action in response to the information received. The Director of Title IX Compliance must assess and determine whether there is sufficient basis to initiate a Title IX investigation or take other steps to address the effects of the alleged sexual misconduct on the impacted party and the University community and prevent its recurrence. The Director of Title IX Compliance, or designee, will meet with the impacted party, when possible, to provide information about a Title IX investigation. Before beginning an investigation, the Director of Title IX Compliance, or designee, will contact the impacted party and request consent from the impacted party to proceed to an investigation. An investigation may still go forward even if the impacted party refuses consent, if appropriate, subject to the balancing test provided by the Department of Education, Office for Civil Rights’ April 4, 2011 Dear Colleague Letter, which states that in such cases, institutions should balance the following factors: B.

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