SUFFOLK UNIVERSITY LAW SCHOOL SEXUAL HARASSMENT POLICY AND GUIDELINES

PART ONE: POLICY

I.Introduction

 

Suffolk University Law School is committed to providing a successful learning and working environment for all members of its community, free from any harassing or discriminatory conduct. Sexual harassment in any form, including opposite and same sex harassment, or in any context will not be tolerated.It is discriminatory, unlawful, and clearly inconsistent with the nature of an academic community.The Law School regards such behavior as a violation of the standard of conduct required of all persons associated with the institution.

The Law School's sexual harassment policy applies to all members of the law school community and all programs affiliated with the Law School including domestic and international internships and externships and international programs.

The Law School recognizes that sexual harassment may occur regardless of the formal position or status of each person involved.Sexual harassment is especially offensive, however, when it occurs in relationships between teacher and student, supervisor and subordinate, or between a student with a position of authority over another student.In those situations, the behavior exploits unfairly the power inherent in the position.

This policy also reflects the Law School's commitment to educate, counsel, and train all of the members of the Law School community about the nature of sexual harassment, its impact on individuals and the law school community as a whole, and the steps necessary to combat it.

Sexual harassment constitutes a form of sex discrimination which is illegal under Title VII of the Civil Rights Act of 1964, Title IX of the Elementary/Secondary Education Act of 1972, and state law.In addition to any sanctions that may be imposed by the Law School for violation of this policy, a person who sexually harasses another person may be held personally liable to the victim and be subject to sanctions independent of those imposed by the Law School.

The Dean of Students of the Law School shall serve as the law school's Title IX coordinator and is charged with all duties of that position as described in Title IX.

II.Definition

Sexual harassment includes unwelcome sexual advances, requests for sexual favors, and other physical or verbal conduct of a sexual nature when it meets any of the following criteria:

1. Submission to such conduct is made either explicitly or implicitly a term or condition of an individual's employment or academic status.

2. Submission to or rejection of such conduct by an individual is used as the basis for employment or academic decisions affecting such an individual.

3. Such conduct has the purpose or effect of unreasonably interfering with an individual's work or academic performance, depriving a student or employee of the ability to participate in or derive full benefit from any educational or employment opportunity, or creating an intimidating, hostile, or offensive environment for working, learning, or living on campus.Sexual harassment can occur between any individuals associated with the Law School, e.g., an employee and a supervisor; coworkers; faculty members; a faculty, staff member, or student and a vendor or contractor; students; or a student and a faculty member.

It is difficult to define with precision what kinds of verbal or physical behavior constitute sexual harassment because it depends on circumstances such as the severity and/or pervasiveness of the conduct, the relationship between the harasser and the recipient of the harassment, whether it is part of a pattern, etc.However, Title IX regulations make clear that "a single or isolated incident of sexual harassment may, if sufficiently severe, create a hostile environment."Although it is not possible to list all types of conduct that, if unwelcome, might under certain circumstances constitute sexual harassment, the following are some examples.The term "sexual harassment" includes, but is not limited to:

• Sexual advances, whether or not they involve physical touching;

• Some incidents of physical assault;

• Direct or implied threats that submission to sexual advances will be a condition of employment, work status, promotion, grades, references or letters of recommendation;

• Direct propositions of a sexual nature and/or subtle pressure for sexual activity that is unwanted and interferes with a person's work or academic environment;

• A pattern of conduct that unreasonably interferes with the work or academic environment (and is not legitimately related to the subject matter of a course) including:

Sexual comments or inappropriate references to gender;

Sexually explicit statements, questions, jokes, or anecdotes regardless of the means of communication (oral, written, electronic, etc.);

Unwanted touching, patting, hugging, brushing against a person's body, kissing, or leering;

Inquiries and commentaries about sexual activity, experience, or orientation;

The display of inappropriate sexually oriented materials in a location where others can view them;

Comments about or inappropriate touching of the body of another individual.

 

III.Prohibition on Romantic and/or Sexual Relationships between Faculty and Students

 

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 institution.

There are special risks in any sexual or romantic relationship between individuals in inherently unequal positions of power.These relationships may be subject to concerns about the validity of consent and unfair treatment of other students or employees. Such relationships can undermine the atmosphere of trust essential to the educational process and the employment relationship.They may be less consensual than the individual whose position confers power believes.The apparent consensual nature of the relationship is inherently suspect due to the fundamental asymmetry of power in the relationship and it thus may be difficult to establish consent as a defense to an allegation of sexual harassment.The greater the institutional power differential that exists, the greater risk there is for exploited consent.Exploited consent exists when consent to a relationship is given as a function of the position of power one person occupies over another within an institution.Even when both parties consented at the outset to a romantic or sexual involvement, this past consent does not remove grounds for or preclude a charge or subsequent finding of sexual harassment based upon subsequent unwelcome conduct.

Romantic and/or sexual conduct between a member of the faculty (including adjunct faculty) and a student enrolled at the Law School may violate the faculty member's ethical obligation to the student and to the student body as a whole, may create a conflict of interest, and may contribute to a hostile environment for other students.Therefore such relationships are prohibited.

Faculty members must notify the Dean of any relationship that pre-exists the enrollment in the Law School of the student member of the relationship that would otherwise be prohibited by this policy.

A violation of this provision by a faculty member shall constitute a violation of the Suffolk University Law School Sexual Harassment Policy and Guidelines and shall subject the faculty member to the sanctions laid out in the Suffolk University Law School Sexual Harassment Policy and Guidelines.

IV.Information and Training

The Law School is committed to eliminating and preventing sexual harassment of faculty, staff, students, student employees, and volunteers and to fostering an environment of respect for all individuals.The Law School promotes educational programs coordinated by the Dean of Students Office to meet the following goals:

1. Inform all individuals about their rights through training and dissemination of the sexual harassment policy;

2. Include the sexual harassment policy in orientation materials for new faculty, staff, students, and volunteers;

3. Notify persons of prohibited conduct;

4. Inform all individuals of the appropriate procedures and reporting mechanisms for addressing concerns of sexual harassment;

5. Inform the community about the problems caused by sexual harassment;

PART TWO: SEXUAL HARASSMENT POLICY and GUIDELINES IMPLEMENTATION AND ENFORCEMENT PROCEDURES

I. Introduction

Suffolk University Law School provides several options for students, staff and faculty who believe that they have been subjected to sexual harassment prohibited by the Law School's guidelines:

1. A.Seeking information and confidential advice;

2. B.Soliciting the aid of the Law School in attempting to reach a resolution through informal, non-disciplinary procedures; and

3. C.Invoking formal procedures against the alleged harasser.

Goals

The following implementation and enforcement procedures seek to promote a variety of ends:

• Information concerning the Law School's sexual harassment policies should be widely disseminated in order to raise awareness throughout the Law School community.

• Counseling and support should be readily available to community members who believe they have been sexually harassed.

• Implementation and enforcement structures should encourage the informal resolution of grievances when appropriate, with or without the intervention of Law School officials, under the "informal complaint procedures" detailed below, since talking or writing to the alleged harasser, apprising him/her of the impact of his/her conduct, and asking him/her to stop the harassing behavior will often bring sexual harassment to a stop.

• These guidelines should encourage victims of sexual harassment to voice their complaints, whether informally or formally, without fear of adverse academic or employment consequences.As provided more fully below, retaliation of any kind for raising an issue or bringing a good faith complaint of sexual harassment is strictly prohibited and constitutes an independent basis for disciplinary action.

• The Law School should provide a supportive and safe learning and working environment, in which sexual harassment or discriminatory conduct is neither present nor tolerated.

This policy provides procedures available to complainants who are members of the Law School community, including students, professional and administrative staff, support staff, and faculty members.This policy, up to the commencement of formal complaint proceedings, also applies to all members of the Law School community who are accused of sexual harassment.The formal complaint proceedings outlined in this policy apply to faculty and students only.Any formal complaint resolution proceedings involving administrators or staff accused of a violation of this policy will be governed by Suffolk University personnel policies.

The informal and formal complaint procedures set forth below are internal administrative procedures of the Law School.As to those forms of sexual harassment that also violate state or federal law, an aggrieved party may also file a complaint with the appropriate local, state, or federal agency or in a court with jurisdiction.

Student Protections

Regardless of the outcome of any proceedings under this policy, in the discretion of the Dean and upon recommendation by the Sexual Harassment Advisor, Fact Finder,Examiners Committee, or Dean of Students, a faculty member may be prohibited from supervising a directed study, internship, or other activity, or be removed from involvement in matters such as grading in non-identity blind courses, handling of references and recommendations, when a complaint has been brought involving a faculty member and a student as parties.The Dean or his/her designees must take any and all measures recommended by the Sexual Harassment Advisor, Fact Finder, Examiners Committee, Dean of Students, or as requested by the complainant deemed reasonably related to remedying the effects on a victim of sexual harassment.The Dean may also take other appropriate measures to ensure confidentiality and non-retaliation against students or employees who are complainants or who have cooperated with investigations under this procedure.

Interim Measures

In addition, the Dean and/or Dean of Students have the right to take any interim protective measures during the pendency of any informal or formal complaint against a student or faculty member including but not limited to: stay away orders, class and advising changes, limitations on club or committee participation, suspension from the school, and the regulation of other activities.Such interim measures are not to be considered a form of discipline in and of themselves.

Situations involving Law School Faculty member with the title of Dean or Associate Dean

In a situation where a Law School Faculty member with the title of Dean or Associate Dean is the complainant or is accused of prohibited conduct under this policy, the President of the University, or his/her designee, shall act in place of the Dean of the Law School in all aspects of the policy and procedures related to that situation.This includes, but is not limited to, instituting interim measures, determining sanctions, reporting to bar authorities, and receiving notice of any pre-existing relationship that would otherwise be prohibited by this policy. 

 

II.PROCEDURES AVAILABLE TO COMPLAINANTS

 

A.  Informal Information and Advice

 

Any Law School student, staff or faculty member who has a concern, inquiry, or complaint regarding prohibited harassment should feel free to seek information and advice concerning the Law School's Sexual Harassment Policy and Guidelines, its formal and informal grievance procedures, and the counseling and other services that the Law School makes available to people who believe they have been subjected to prohibited sexual harassment.Informal information and advice should be imparted in as supportive and confidential a manner as reasonably possible.

 

1. Sources

Information and advice is available from Sexual Harassment Advisors, whose role and responsibilities are described more fully below.A list of Sexual Harassment Advisors will be published annually and widely distributed throughout the Law School community.

 

2. Nature of Information and Advice

The Sexual Harassment Advisor to whom an inquiry is directed should provide information regarding the availability of institutional counseling and support, the possibilities of resolving difficulties through informal means, and the procedures triggered by the filing of an informal and a formal complaint.

 

B.  Informal Resolution Procedures

 

Informal complaints may be oral or written.In many instances, informal discussion and counseling can be useful in resolving perceived or actual instances of sexual harassment.Problems are sometimes easier to resolve when an informal atmosphere encourages people to identify the difficulty, talk it out, and agree on how to deal with it.Informal complaint resolution does not involve disciplinary proceedings against the alleged harasser.Use of the informal procedures set forth below is not a prerequisite to initiating a formal complaint.

 

1. Whom to Contact

Any person who believes that he or she is a victim of sexual harassment may make an informal complaint to any Sexual Harassment Advisor.

 

2. Timeliness

An informal complaint must be filed within one year of any alleged violation of the Sexual Harassment Guidelines or within six (6) months of graduation from the Law School, whichever is later. The Complainant and the Sexual Harassment Advisor shall agree at the outset as to what constitutes a resolution of the informal complaint. Complainants should be aware that the more time that elapses between alleged incidents of sexual harassment and the filing of an informal complaint, the greater the difficulty of successfully resolving such a complaint.

 

The statutes of limitations for filing sexual harassment complaints under state and federal law vary and are far shorter than the time frames permitted under this policy. This policy is not intended to mirror or conform to those statutes of limitations determined by state and federal law.In cases where the alleged harasser is an administrator or staff member, Suffolk University Human Resources should be consulted for more information relating to deadlines for the filing of a formal complaint.

 

Resolution of the informal complaint process should be reached within forty-five (45) days of the report to a Sexual Harassment Advisor.

3. Sexual Harassment Advisor's Role and Responsibilities

Sexual Harassment Advisors shall be designated annually by the Dean of the Law School, and shall be knowledgeable about sexual harassment matters and trained to assist in understanding and resolving such matters. The law school shall provide such training.Sexual Harassment Advisors should be sensitive to the feelings, rights, and interests of all parties, and have demonstrated the ability to handle confidential and sensitive matters in a discreet manner. A sufficient number of Sexual Harassment Advisors should be designated each year to afford reasonable access to them.A listing of Sexual Harassment Advisors should be published widely by the Dean's office at least once a year.

The Sexual Harassment Advisor will treat an informal complaint as confidential to the greatest extent possible, as described below.

 

The Sexual Harassment Advisor will advise the complaining individual about support services available at the Law School, and the availability of both formal and informal complaint resolution procedures.

 

If requested by the complaining party, the Sexual Harassment Advisor will assist in attempting to resolve the complaint informally.Such assistance may involve, for example, advising the complainant in writing a letter to the person complained of asking that the behavior stop.Alternatively, the complainant may ask the Sexual Harassment Advisor to meet with the alleged harasser, or to explore other possible resolutions.The Sexual Harassment Advisor may enlist the help of other Law School or University personnel, such as deans or administrators or Human Resources personnel, in resolving an informal complaint, but only with the written permission of the complaining student.

 

4. Confidentiality

During informal resolution, all reasonable efforts will be made to ensure the confidentiality of information received, including the identities of the parties.The identity of the complaining party will be disclosed to the accused during the informal resolution process only if the complaining party gives permission in writing to the Sexual Harassment Advisor.If, due to the circumstances of the alleged harassment, it is not possible to conduct a review of or resolve the complaint and yet maintain confidentiality, the complaining party will be informed and will be given the options of proceeding (with disclosure of identity) or withdrawing from the informal resolution process.

 

Anyone with an inquiry or informal complaint may bring another member of the Law School community to discussions with the designated Sexual Harassment Advisor, as long as that person agrees, in writing, to be bound by the confidentiality provisions of this policy.

 

Although every effort will be made to ensure confidentiality, this policy does not guarantee absolute confidentiality in all cases.In some instances the Sexual Harassment Advisor may be bound by law or otherwise required to initiate an investigation and/or to report the complaint to superiors to ensure the safety and well being of others in the Law School community.

 

3. Formal Complaint Proceedings when Accused is Faculty Member or Student[1]

Anyone who believes that he or she has been the victim of sexual harassment prohibited by Suffolk University Law School's Sexual Harassment Policy and Guidelines is entitled to file a formal complaint.Unlike an informal complaint, a formal complaint seeks a formal, institutional determination that a violation has occurred and the imposition of formal, disciplinary sanctions upon the alleged harasser.

Section II. C. applies only for situations where a faculty member or student has been accused of a violation of this policy.Administrators or staff accused of a violation of this policy will be governed by Suffolk University personnel policies.

 

1. Filing of Complaint

Members of the Law School community who believe that they are victims of sexual harassment may bring a formal administrative complaint of sexual harassment by filing a written complaint directly with the Dean of Students and/or a designee in his or her office and/or any Associate Dean of the Law School.Although it is encouraged, a person is not required to utilize informal resolution procedures before filing a formal complaint.

A formal complaint of sexual harassment shall state the name(s) of the alleged offender(s) if known and shall specifically describe the incident(s) of alleged sexual harassment.The complaint should identify the dates and places of such incidents with reasonable specificity and list any known witnesses.A formal complaint shall be signed and dated by the complainant.

2. Investigation/Probable Cause Finding

A Fact Finder will be responsible for conducting a prompt investigation of a formal complaint of sexual harassment.The Fact Finder will be an outside party appointed by the Law School Dean from a list of Fact Finders approved by a committee comprised of Sexual Harassment Advisors. A Sexual Harassment Advisor may recommend a member of the list to the Dean to serve as Fact Finder in a particular case, but the Dean will make the ultimate decision.

The purpose of the investigation is to establish whether there is a reasonable basis (probable cause) for believing that a violation of this policy has occurred.The Fact Finder may conduct the initial fact-finding upon a written record consisting of a statement by the complainant, a statement from the respondent, and reply statements from each party if desired.Written statements from witnesses may be submitted.If such witnesses' statements are submitted, the parties are entitled to an opportunity to review and reply to such statements.The investigation also may entail interviews of the complainant, the accused, and other persons believed to have pertinent factual knowledge.

If a formal complaint is brought, both accuser and accused have the right to have counsel present for any proceedings, including the right to be accompanied by counsel during their own interviews with the Fact Finder.

During such investigations, every reasonable effort will be made to protect the privacy rights of all parties, but confidentiality cannot be guaranteed.

3. Notice and Opportunity To Be Heard

The accused shall be provided with a copy of the Formal Complaint, which may be redacted as to the Complainant's name if the alleged harassment took place in public and the accused would have a fair opportunity to respond to the allegations without such disclosure. The determination to redact the Complainant's name shall be made by the person receiving the Formal Complaint as per C.1 above. The investigation will afford the accused an opportunity to examine and respond to the allegations.

4. Determination

Possible outcomes of the investigation by the Fact Finder are: (a) a judgment that the allegations are not warranted, (b) a negotiated resolution of the complaint, or (c) a judgment that there is a reasonable basis (probable cause) for believing that a violation of this policy has occurred.

The Fact-Finder will inform all parties promptly, in writing, of the outcome of the investigation.Such report shall include findings of fact.

If the Fact Finder finds probable cause, the Fact Finder is authorized to seek an administrative resolution of the proceedings.An accused party may enter into an agreement with the Fact Finder to accept responsibility, to accept partial responsibility, or not to contest an allegation, thus waiving his or her right to a further hearing process and agreeing to an outcome or sanction which is not subject to appeal.The complainant must agree to this resolution or the matter must go forward.

5. Timeliness

A formal complaint must be filed within one year of any alleged violation of the Sexual Harassment Guidelines or within six (6) months of graduation from the Law School, whichever is later.Complainants should be aware that the more time that elapses between alleged incidents of sexual harassment and the filing of a formal complaint, the greater the difficulty of a successful resolution of such a complaint.

 

The statutes of limitations for filing sexual harassment complaints under state and federal law may vary and are far shorter than the time frames permitted under this policy. This policy is not intended to mirror or conform to those statutes of limitations determined by state and federal law.Employees should contact Human Resources for more information relating to deadlines to file an employee complaint.

 

Resolution in the formal complaint process will be made as quickly as possible, but should take no longer than (60) days after the filing of a formal complaint.

6. Notice

Each party shall have prompt notice of, and the opportunity to review and respond to all documents or communications filed with the Fact Finder by the other party.The Fact Finder shall keep both parties informed on a timely basis of the status of the complaint and the timetable for resolving it.

 

7. Written Record

The record shall include a statement of findings from the Fact Finder and such reply statements as the parties wish to file.

8. Formal Hearing

If the Fact Finder determines there is a reasonable basis (probable cause) for believing that a violation of this policy has occurred, the complaint will go before an Examiners Committee in a formal hearing.

1. The Examiners Committee will consist of a group of three impartial members, all outside parties appointed by the Law School Dean from a list of approved Examiners presented by the Sexual Harassment Advisors Committee.

2. The formal hearing shall be closed, except for parties and necessary staff.A taped or stenographic record shall be made of the proceedings.Witnesses will be sequestered unless otherwise agreed upon by the parties. Formal rules of evidence will not apply, but the Examiners Committee may make such rulings as are necessary to ensure fairness and to expedite the proceedings.

All parties may be represented by counsel at the hearing.  If any party intends to be represented by counsel, all parties must be notified at least five days prior to the hearing.

The Fact Finder who completed the investigation shall present the allegations and supporting evidence through witnesses and documents.In addition, parties or their representative shall be entitled to make an opening statement of not more than five minutes, to propose questions to the Examiners Committee to be asked of any witness, and to make a closing statement of not more than ten minutes.

A party also may submit a written list of questions that, if appropriate, will be asked by a member of the Examiners Committee.Such list of questions and any other documents a party wishes to present at the hearing shall be submitted to the Examiners Committee at least five days before the hearing.Members of the Examiners Committee may ask questions of any party or witness at any time but should exercise care not to take an adversarial role in the hearing.Such questions shall not be provided to the other party in advance of the relevant witness(es)' testimony at the formal hearing.

All written and oral participation must be authentic and truthful.Any demonstrated fabrication or tampering with evidence will be subject to disciplinary action.A party or witness has the right to refrain from responding to particular questions.The Examiners Committee is permitted to draw a negative inference from a party's or witness's refusal to answer questions unless the alleged conduct constitutes a crime under state or federal law, in which case the accused may refuse to answer any question(s) without an adverse inference being drawn. The determination of whether the alleged conduct constitutes a crime shall be made by the Fact Finder or Examiners Committee with the aid of any outside advice deemed necessary.

The Examiners Committee will determine whether a violation has occurred based on the testimony and other evidence presented.

3. The Examiners Committee shall hear the evidence de novo and determine, by a majority vote, whether a violation of this policy has been established by a preponderance of the evidence.

4. If a violation has not been established by a preponderance of the evidence, the charges shall be dismissed.If the Examiners Committee finds that conduct constituting a violation has been established by a preponderance of the evidence it shall report to the Dean the nature of the conduct found, with a nonbinding recommendation as to the appropriate sanction under all the circumstances.

5. A copy of the Examiners Committee Report, which shall include findings of fact as well as the sanction, if any, recommended by the Examiners Committee, shall be sent to all parties.

6. Findings of fact by the Examiners Committee shall be final.

9. Confidentiality

During the formal disciplinary process, all reasonable efforts will be made to protect the privacy rights of all parties, but confidentiality cannot be guaranteed.

Unless and until a disciplinary sanction is imposed, the Examiners Committee shall maintain as much confidentiality as is reasonably practicable under the circumstances.In particular, the Examiners Committee shall generally strive to keep confidential, except from the parties and the Dean, the identity of the parties, and the content of all documents, conversations, and hearings pertaining to the complaint.After a sanction is imposed, release of the record or of information included in the record shall be at the discretion of the Examiners Committee.Records of the proceedings or their contents may also be disclosed if someone found to have engaged in sexual harassment is subsequently found in any formal proceeding to have committed any additional act(s) of sexual harassment, in which case the records of prior proceedings may be treated as relevant to the imposition of sanctions only.Nothing in this section is intended to preclude the disclosure of the record in a formal proceeding to other Law School or University officials as required in related proceedings.

4. Hearings Regarding Sexual Assault Cases

Sexual assault cases follow the same set of procedures as other cases.However, some

special procedural mechanisms apply in cases involving alleged sexual assault as defined by state or federal law.

 

1. Testimony about Prior Sexual Conduct

The Law School applies the Massachusetts Rape Shield Statute concerning evidence about prior sexual conduct.Usually, no questions, testimony, or evidence about the sexual activity of a complaining or responding party with anyone beside the other party in the case may be introduced.However, if a party introduces information about his/her own sexual activity with someone besides the other party in the case, questions then may be asked about that relationship.

In rare cases, if a party can demonstrate that the opposing party has reason to lie about the allegations made, testimony about prior sexual conduct may be allowed.For example, there may be a preexisting condition or factor that makes it advantageous for the complaining party to have others believe that he or she had been an unwilling participant in the sexual encounter.

Anyone seeking to offer evidence of prior sexual conduct must first confer with the Examiners Committee in private no later than 5 days before the hearing before such evidence may be admitted.Though the Committee has broad discretion to admit or exclude evidence in a hearing, any evidence concerning prior sexual conduct will rarely be admitted.The other party shall be notified in advance of the hearing if such evidence is sought to be introduced.

2. First Complaint

In sexual assault cases, the complaining party will be allowed to call one "first complaint" witness.When feasible, this person must be the first person told of the alleged assault.Such a witness may testify to the details of the alleged victim's first complaint of sexual assault and the circumstances surrounding the first complaint.

3. As in all cases, the complainant and/or the accused may submit a written list of questions that, if appropriate, will be asked by a member of the Examiners Committee.

 

5. Sanctions

 

1. Sanctions against Faculty Members

 

a.Upon a finding that a provision of this policy has been violated, the Dean of the Law School or, in the case of a violation committed by a Law School faculty member with the title of Dean or Associate Dean, the President of the University or his/her designee, shall determine sanctions based upon the severity and frequency of the offending conduct, any circumstances deemed to constitute mitigating factors, and the faculty member's overall conduct with regard to past transgressions and/or past sanctions.These sanctions may include:

i.An instruction to stop the offending conduct;

ii.Private reprimand;

iii. Withholding or withdrawal of discretionary benefits, such as raises, sabbaticals, stipends, research assistants and/or work study students;

iv.Removal of special titles or positions;

v.Public reprimand, in which case the Dean of the Law School will report the results of the Examiners Committee hearing and the sanctions imposedto the faculty;

vi.Suspension with or without pay;

vii.Dismissal, or, in the case of a tenured faculty member, tenure revocation proceedings;

viii.Mandatory counseling with regards to the underlying conduct;

ix.Any other sanction determined necessary by the Dean of the Law School or

adopted by the Dean from the Examiners Committee recommendation.

b.If a violation is found the above sanctions will be imposed within 30 days of suchfinding unless the summer or vacation recess makes it impossible to do so.

 

c.Where deemed appropriate the Dean of the Law School will report sanctions to the Board of Bar Overseers or to any other appropriate bar authorities.

 

2. Sanctions against Students

 

a.  If an accused student admits the conduct, or accepts the findings of the Fact Finder that such conduct has occurred, or, after a formal hearing, the Examiners Committee finds that such conduct has occurred, the Dean shall so report to the Faculty.The Dean shall also report the sanction recommendations of the Fact Finder and the Examiners Committee, if any, and his or her own recommendation for an appropriate sanction.The faculty will make a final determination as to the sanction to be imposed.

Both the complainant and the accused shall have an opportunity to make a statement to the Faculty, in writing, in person, or by counsel or another advisor, on the issue of the appropriate sanction.

Sanctions that may be imposed upon students include but are not limited to:

i.Instruction to stop the offending conduct;

ii.Mandatory counseling with regard to the underlying conduct;

iii.Prohibition on participation in certain student boards/clubs;

iv.Removal of special titles, positions or honors;

v.Removal from certain classes or activities;

vi.Private reprimand;

vii.Public reprimand;

viii.Probation;

ix.Suspension;

x.Dismissal from the Law School;

xi.Any other sanction determined necessary by the Dean of the Law School or adopted by the Dean from the Examiners Committee recommendation.

The Office of the Dean shall keep a record of all proceedings, including any findings by the Fact Finder or Examiners Committee, and any sanctions imposed by the Dean or the Faculty.

The Dean of Students, as Title IX coordinator under this policy, shall also keep a record of all complaints, proceedings, outcomes of proceedings and sanctions imposed under this policy and guidelines.

b.  Withdrawal during Pendency of Disciplinary Hearings

If an accused student withdraws from the Law School while an investigation or proceeding is pending, the following entry shall be made on the student's transcript: "Withdrew while disciplinary proceedings pending."A student who withdraws while such investigation or proceeding is pending will not be readmitted to the Law School except in extraordinary circumstances.

c.  Outside Reporting

When deemed appropriate, the Dean of the Law School will report sanctions to the Supreme Judicial Court, the Board of Bar Examiners, or to any other appropriate bar authorities.

6. Additional Measures

The Dean of the Law School, or, in the case of wrongful conduct under this policy committed by a Law School Faculty member with the title of Dean or Associate Dean, the President of the University or his/her designee, may act in the absence of a formal complaint if he or she believes a situation has arisen that threatens the safety or well-being of any member of the Law School community.This includes, but is not limited to, investigating indirect but persistent reports of possible violations of this policy.

7. Non-Retaliation

No person shall be subject to harassment, intimidation, or retaliation of any kind for having brought a good faith complaint of prohibited harassment, whether formal or informal.

Threats, other forms of intimidation, and retaliation in any form against any member of the Law School community who in good faith exercises his or her right to initiate a complaint or inquiry regarding sexual harassment, or who cooperates with the proceedings in any way (as a witness, etc.) under this policy is strictly prohibited, and will itself be cause for appropriate disciplinary action, regardless of the outcome of the harassment complaint.

8. Further General Policies

 

1.  Duty of Good Faith

Any member of the Law School community is liable to sanction for knowingly or recklessly bringing a false complaint of institutionally sanctionable conduct against another member of the Law School community.

2.  Representation, Advice, and Counsel

Any person seeking information or advice about the Law School's Sexual Harassment Policy and Guidelines, any informal or formal complainant, and anyone alleged to have engaged in sexual harassment may be accompanied, aided, or represented by a friend, an advisor, or by counsel at any stage of the process.

3.  Accused's Options to Defer Proceedings

If the accused represents that he or she is under criminal investigation, he or she shall have the right at any stage of the proceeding to request that further proceedings be deferred until the resolution of the criminal matter without any adverse inference being drawn. Such request shall be granted. If the accused requests a deferral of the proceedings, interim measures shall be imposed as per Part Two, Section I regarding Student Protections and Interim Measures, and the accused shall be obligated to accept these measures.

4.  Designation of Personnel

On an annual basis, the Dean shall ensure a sufficient number of Sexual Harassment Advisors have been appointed and properly trained to provide information regarding the Law School's Sexual Harassment Policy and Guidelines. Sexual Harassment Advisors will be available to any member of the Law School community to discuss matters relating to sexual harassment and the Law School's informal and formal policy.Sexual Harassment Advisors will make every reasonable effort to maintain confidentiality at all levels of the process.

5.  Reporting

The Dean, or a designated official in the Dean's Office, and the Dean of Students as the title IX coordinator shall be informed of the initiation and outcome of all formal complaint proceedings in order to ensure adequate recordkeeping and coordination.

6.  Counsel to Accused or Complainant May not be a Suffolk University Employee

Any person who serves as counsel or advisor to any complainant or accused under this policy may not be an employee of Suffolk University.This does not apply to those acting as Sexual Harassment Advisors in accordance with this policy.

 

9. Appeal

If a complainant believes that the outcome of a formal hearing was substantially flawed by procedural error in the investigation or hearing, or finds new information not known at the time of the investigation that is sufficient to alter the outcome, he or she may request a review by the President of Suffolk University or his designee.Likewise, if an accused believes that the outcome of a formal hearing was substantially flawed by procedural error in the investigation or hearing, or finds new information not known at the time of the investigation that is sufficient to alter the outcome, he or she may request a review by the President of Suffolk University or his designee.The request for review by the President or his designee must be made within 5 working days of receipt of the result of the formal hearing.The President or his designee will review the written record and will submit a written decision to both parties within 30 working days of the receipt of the appeal.

10. Computation of Time Periods

 

In computing any period of time prescribed by these Guidelines the following rule shall apply: When the period of time prescribed is less than thirty days intermediate Saturdays, Sundays, legal holidays, snow days and any other days when the University is closed for other reasons shall be excluded in the computation. For time periods of thirty days or more, all consecutive calendar days shall be counted. If the person investigating the complaint determines that additional working days are necessary to complete the investigation, she or he will notify the parties of the anticipated completion date of the investigation.

11. Filing Complaint with Government Agencies

 

Any employee or student who believes that he or she has been subjected to sexual harassment may file a formal complaint with either or both of the government agencies set forth below.Using the Law School's Sexual Harassment Policy and Guidelines does not prohibit an employee or student from filinga complaint with these agencies:

 

1.United States Equal Employment Opportunity Commission (EEOC)

JFK Federal Building Room 475

Government Center

Boston, MA 02203

1 800 669 4000

 

2.Massachusetts Commission Against Discrimination (MCAD)

One Ashburton Place Room 601

Boston, MA 02108

2.United States Department of Education

Office for Civil Rights (OCR)

33 Arch Street Suite 900

Boston, MA 02110

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[1] Any formal complaint resolution proceedings involving administrators or staff accused of a violation of this policy will be governed by Suffolk University personnel policies.