Suffolk Law Student Handbook 2019-2020

Ordinarily, the request to appeal will be reviewed and decided within two weeks and the Complainant and the Respondent will simultaneously be notified in writing (mail, email, or written message delivered) of the outcome of the request to appeal. The decision issued on the request to appeal is final. All interim sanction(s)/discipline will be in effect while the request to appeal is under consideration.

APPENDIX A: Definitions Relevant to the Policy Regarding Sexual Misconduct, Relationship Violence and Stalking

Affirmative Consent: 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. (See Section IV, Affirmative Consent of the Policy for a more thorough discussion).

Complaint: A request that the University take action to investigate and resolve an allegation that a student has violated the Policy Regarding Sexual Misconduct, Relationship Violence and Stalking.

Complainant: A person who has made a report of prohibited conduct to a Responsible Employee, University Title IX Coordinator, or University Police and Security, and submitted a Complaint to the University Title IX Coordinator requesting that the University take action to investigate and resolve an allegation that a student has violated the Policy Regarding Sexual Misconduct, Relationship Violence and Stalking. Investigator: The Investigator is responsible for conducting a prompt Title IX Investigation of a Complaint of Sexual Misconduct, Relationship Violence and Stalking. 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. Investigation (Title IX): A prompt and effective inquiry to determine whether or not a violation of the Policy Regarding Sexual Misconduct, Relationship Violence and Stalking has occurred. An Investigation includes but is not limited to interview(s) with the Complainant, Respondent and relevant witnesses. The Investigation will include the gathering of physical, documentary, or other relevant and available evidence, including law enforcement reports. Responsible Employee: All employees of the University, including faculty, staff, resident assistants and teaching assistants have been identified as Responsible Employees and are required to report all information regarding possible or alleged misconduct to the Title IX Coordinator or designated officials. All employees in Counseling, Health and Wellness and the Interfaith Center are not Responsible Employees. Standard of Proof: In resolving complaints pursuant to the [Title IX] 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 Policy Regarding Sexual Misconduct, Relationship Violence and Stalking. Title IX: 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 Respondent: A student against whom a Title IX Report or Complaint of Sexual Misconduct, Relationship Violence and Stalking has been made.

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