Conduct Complaints Alleging Discrimination, Discriminatory Harassment, Sexual Violence, Sexual Harassment, Gender-Based Harassment, Domestic Violence, Dating Violence, Stalking and Retaliation

Conduct Complaints Alleging Discrimination, Discriminatory Harassment, Sexual Violence, Sexual Harassment, Gender-Based Harassment, Domestic Violence, Dating Violence, Stalking and Retaliation

For complaints alleging discrimination, discriminatory harassment, sexual violence, sexual harassment, gender-based harassment, domestic violence, dating violence, stalking, and retaliation, the process outlined in the Student Code of Conduct shall apply.  Thereafter, the following shall govern: the hearing officer shall prepare an investigation report for an administrative review. The investigation report shall: outline the investigatory steps taken, summarize the factual findings; state whether a policy violation has occurred based on the preponderance of the evidence; explain the rationale for the violation determination; and if applicable, recommend a sanction. Both the complainant(s) and the respondent(s) will be provided with an opportunity to view the investigation report – excluding sections regarding analysis and conclusion – prior to the administrative review and provide a written response within ten (10) days of review. Investigation reports will also be made available to the parties upon request, following the issuance of the Notice of Outcome, and only in accordance with applicable law.  Following initial viewing of the investigation report, the complainant will be invited to submit a victim impact statement, and the respondent will be invited to submit a statement of mitigation or extenuation.

The complete investigation report shall be forwarded to the Associate Dean and/or Title IX Coordinator or other designated official (“reviewing body”), who shall conduct an administrative review of the investigation report to determine whether the investigation is prompt, fair, impartial and thorough. Submitted impact statements and statements of mitigation or extenuation shall also be forwarded to the reviewing body for consideration. If the reviewing body determines the investigation is deficient, the reviewing body shall remand the matter back to the hearing officer for further investigation.

If the reviewing body determines that the investigation is prompt, fair, impartial and thorough, the reviewing body will then consider whether the recommended discipline or sanction, if any, is consistent with University policy and practice. In determining discipline, the hearing officer and the reviewing body may consider the respondent’s disciplinary history, if one exists. The hearing officer and/or reviewing body may discuss sanctions with other University personnel as necessary. At any point during the administrative review, a respondent may agree to the allegations and the recommended sanction.

Questions, statements or information about the sexual activity of the complainant or alleged victim with any person other than the accused student are not relevant and will not be considered by the hearing officer.

Framingham State University
RAM Student Handbook 2018-2019
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