When Lesley receives a complaint, it promptly, thoroughly, and impartially investigates the matter in a fair and expeditious manner. Lesley investigates to determine what occurred and then takes appropriate steps to resolve the situation. For detailed information on the procedure, including how to file a complaint and the steps of the investigation process, please refer to Lesley University’s Complaint Resolution Procedure.
The University will investigate all incidents occurring on Lesley University property. Further, the University will investigate all incidents involving University sponsored programs or University vehicles regardless of whether the incidents occur on University property.
With respect to complaints of sexual harassment, sexual discrimination, sexual violence, domestic violence, dating violence, and stalking, persons who have received relevant annual training will investigate the complaints, make findings, and determine sanctions, if any. Findings are determined according to a preponderance of the evidence standard (i.e. more likely than not).
An investigation by the University is different from any police or government investigation, and a police or government investigation does not relieve the University of its independent obligation to investigate the conduct under Title IX or this Policy.
As described in more detail in the Complaint Resolution Procedure, the University may decide to take interim safety measures during an investigation, such as involuntary removal and no-contact orders, or to take other restorative and preventative measures, such as education, training, monitoring, supervision, security, academic support, physical health and mental health services, counseling, etc.
If the University determines that this Policy was violated, the University may impose sanctions including but not limited to no-contact orders, suspension, or dismissal from the University, and mandatory education or counseling, in addition to any criminal penalties pursued by the state and law enforcement. In addition, the University cooperates in the enforcement of protective orders, no-contact orders, restraining orders, or similar orders issued by a criminal or civil court.
The University takes steps to prevent the recurrence of any discrimination or harassment and to remedy its effects on the complainant and others, as appropriate.
Where possible, the University will assist persons complaining of domestic violence, dating violence, sexual assault, or stalking by separating the parties. Where feasible and warranted, the University will also seek to change academic, living, transportation, and work situations at the complainant’s request. The University may also take other steps such as approving leaves of absence and extensions on assignments or requiring training and counseling. Such accommodations are available regardless of the complainant’s choice to report the crime to the University or local law enforcement, and any information about such accommodations or protective measures will be kept confidential to the extent such confidentiality does not impair the University’s ability to provide the accommodations.
Duty of Good Faith
Lesley University prohibits any member of the Lesley community from knowingly or recklessly bringing a false complaint against another member of the Lesley community. Any such action can lead to disciplinary action, up to and including expulsion from the University or dismissal from employment with the University.
Protection against Retaliation
Retaliation is unlawful. Lesley University does not permit retaliation against any individual who makes a report pursuant to this policy or who cooperates in the investigation of such reports.
Any student found to be engaging in retaliation will be subject to disciplinary action, up to and including dismissal from Lesley University.
Any employee found to be engaging in retaliation will be subject to disciplinary action, up to and including dismissal from employment at Lesley University.
Confidentiality and Use of Information:
Reasonable efforts will be made to protect the privacy and confidences of all parties during the investigation, consistent with and subject to the University’s need to investigate the complaint and/or implement any corrective action. Lesley will make reasonable efforts to investigate and respond to the complaint consistent with a Reporter’s request for confidentiality or request not to pursue an investigation. If a Reporter insists that the Reporter’s name or other identifiable information not be disclosed to the Respondent or others, Lesley’s ability to respond may be limited.
However, Lesley will evaluate requests for confidentiality and may share information or take action in order to assist the Reporter or the University community.
Information gathered during one investigation may be used in other investigations at the discretion of the University.