Suffolk Law Student Handbook 2019-2020

The following describes the options and procedures in place to respond to and address complaints of sexual misconduct, relationship violence and stalking.

III. To Whom This Policy Applies

This policy applies to admitted students, students who are registered or enrolled for credit or non-credit- bearing coursework, or who are on a leave of absence or suspension (“Students”); University employees, including faculty and staff (“Employees”); Student Organizations, and contractors, vendors, visitors, guests or other third parties (“Third Parties”). This policy pertains to acts of Prohibited Conduct committed by or against Students, Employees, Student Organizations and Third Parties when:  the conduct occurs on University grounds or other property owned or controlled by the University;  the conduct occurs in the context of a University employment or education program or activity, including, but not limited to, University sponsored study abroad, research, on-line or internship programs; or off-campus student activities, such as Alternative Spring Break and athletic events; or  the conduct occurs outside the context of a University employment or education program or activity, but has continuing adverse effects on or creates a hostile environment for Students, Employees or Third Parties while on University grounds or other property owned or controlled by the University or  while participating in off-campus University events or activities.

IV. Prohibited Conduct Under This Policy

Conduct under this policy is prohibited regardless of sex, sexual orientation and/or gender identity/expression of the Complainant. Prohibited conduct includes the following specifically defined forms of behavior.

Sexual Assault

Sexual Misconduct includes the following:

Sexual assault is the act of committing unwanted physical contact of a sexual nature, whether by an intimate partner, acquaintance or by a stranger. Such contact is unwanted when it occurs without the affirmative consent of one or both individuals, when one of the individuals is incapacitated or incapable of giving affirmative consent, or the contact occurs with the use of force, coercion, or the attempt to coerce or force. Victims/survivors (complainants) and the accused (Respondent) can be of any sex/gender, sexual orientation and/or sexual identity. Sexual assault includes, but is not limited to:  Nonconsensual Physical Contact (or attempts to commit same) - any intentional sexual touching of another person's intimate body parts, with any object or body part without that person's affirmative consent.  Nonconsensual Sexual Intercourse (or attempts to commit same) - any penetration, however slight, of the (1) vagina or anus of a person by any body part of another person or by an object without that person's affirmative consent or (2) the mouth of a person by a sex organ of another person, without that person's affirmative consent.

Sexual assault is also prohibited by Massachusetts statutory law. Prohibited sexual assault as defined above may include but is not limited to: rape, indecent assault and battery and incest.

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