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Boston University’s goal is to prevent, mitigate and remedy Prohibited Behavior and to support Community Members. These Procedures and Appendices A, B, and C [1] describe the University’s process for reporting potential Prohibited Behavior; the rights of participants in the Administrative Resolution Process, including Supportive Measures and Advisors; and the two types of resolution processes used by the University.

These Procedures and Appendices A, B, and C reflect legal and regulatory requirements and contain much detail. Please contact the Equal Opportunity Office (“EOO”) for assistance in understanding them, including what to expect during the processes described below.

 

TABLE OF CONTENTS

I. Scope and Jurisdiction of the Procedures

II. Reporting Prohibited Behavior

III. Privacy, Confidentiality, and Safety Measures

IV. Rights, Supportive Measures, and Advisors

V. Initial Assessment and Case Routing

VI. Dismissals

VII. Alternative Resolution Process

VIII. Grievance Process

IX. Hearing Process for Formal Complaints Alleging Title IX Sexual Misconduct

X. Disciplinary Sanctions

XI. Appeals of Findings and Disciplinary Sanctions in Final Investigation Report and Final Report

XII. Special Situations

XIII. Prevention and Education

XIV. University Policies Applicable Prior to August 1, 2026

 

___________________________________________________________________________________________________________

I. Scope and Jurisdiction of the Procedures

These Procedures apply to reports of Prohibited Behavior involving BU Community Members alleged to have occurred on or after August 1, 2026.[2] For conduct to fall within the scope of these Procedures, it must:

• Involve a BU Community Member as a Respondent, and
• Occur either:
  • In a University Education Program or Activity, meaning any location, event, or circumstance where BU exercises substantial control over both the Respondent and the context in which the conduct occurs, including conduct subject to BU’s disciplinary authority; or
  • Outside a University Education Program or Activity but the conduct affects the work or educational environment of a member of the BU community.

The Respondent’s change of status with the University (e.g., withdrawal, resignation, graduation, or termination of employment) during the Administrative Resolution Process does not, by itself, require dismissal or conclusion of the process.

Examples of contexts where BU exercises substantial control include:

• On-campus property or facilities;
• Off-campus locations tied to BU programs, activities, or academic or employment responsibilities, such as conferences, field sites, study abroad programs within the United States, or externships;
• Online or electronic platforms provided or managed by BU;
• Circumstances where the Respondent’s relationship to BU (e.g., as a student, employee, or third party) gives BU authority to regulate the conduct.

There are additional jurisdiction limitations for Prohibited Behavior to constitute Title IX Sexual Misconduct, which are detailed in Section VI.B of this Procedure. The main differences between reports of Title IX Sexual Misconduct and Non-Title IX Sexual Misconduct are the requirements of location, a Formal Complaint, the types of evidence that may be considered during the investigation, and the requirement for a hearing.

Conduct that does not meet the above criteria, or that otherwise falls outside the scope of the Policy, may still be addressed by the Bias Review Team, under the Administrative Review Process or other University policies, such as the Student Code of Responsibilities, Faculty Handbook, Staff Non-Represented Employee Handbook, or applicable collective bargaining agreements. Additionally, EOO will refer reports of Harassment based on a protected status to BU’s Bias Review Team (“BRT”) if the report falls outside the scope of the Policy.

II. Reporting Prohibited Behavior

 

A. BU Employee Reporting Obligations

Except for individuals designated as Confidential Resources (see Appendix B) who are acting within the scope of their confidential duties, University employees are Required Reporters, meaning that they are required to promptly share with the EOO all known details of disclosures made to them in the course of their employment that may reasonably constitute Prohibited Behavior under this Policy. Employees must also promptly report to the EOO any conduct that may reasonably constitute Prohibited Behavior that they observe or otherwise become aware of, regardless of whether the information is disclosed to them by a Community Member. These reporting obligations apply equally to student‑employees when they receive such information while acting within their employee role.

Failure to report under this Policy does not constitute Prohibited Behavior but will be reviewed by the appropriate University official and may result in discipline or other corrective action in accordance with the applicable employee handbook or collective bargaining agreement.

B. Online Reporting

Fill out the Incident Report Form to report Prohibited Behavior.

C. In Person, Email, or Phone Reporting

Report Prohibited Behavior to the Equal Opportunity Office and/or University Title IX Coordinator at:

Equal Opportunity Office
888 Commonwealth Ave., Suite 303
Boston, MA 02215
617-358-1796
eoo@bu.edu

Title IX Coordinator
Erin Sullivan, Executive Director of Equal Opportunity & Title IX Coordinator
888 Commonwealth Ave., Suite 303
Boston, MA 02215
617-358-1796
titleix@bu.edu

Community Members may also report Prohibited Behavior to any Deputy Title IX Coordinator via email, phone, or in person. A list of the University’s Deputy Title IX Coordinators may be found on the EOO webpage.

D. Meeting with a Resolution or Title IX Team Member

The University encourages any Community Member who has concerns about Prohibited Behavior to talk to a Resolution or Title IX Team Member. A member of these teams will meet with any person to:

• • Review Administrative Resolution options, including the Grievance Process and Alternative Resolution Process, and the impact of each option;
  • Provide referrals for counseling, medical, and health services available on and off-campus and, in cases involving sex-based harassment, through local community-based rape crisis or domestic violence centers (see Appendix B for available resources);
  • Identify available school- or work-based Supportive Measures related to academic and residence life, and employment;
  • Explain the processes outlined in these Procedures;
  • Explain how to contact the Boston University Police Department and/or other local law enforcement agencies, if applicable, including their rights and BU’s responsibilities in obtaining a criminal protection order (M.G.L. c. 209A/258E), BU No Contact Directive, BU No Trespass Order, and other lawful orders from law enforcement, if applicable.

E. Anonymous or Historical Reports of Prohibited Behavior

Anyone may make an anonymous report regarding Prohibited Behavior. In cases where the report is made anonymously or by a person to whom a disclosure of potential Prohibited Behavior has been made, the Policy and these Procedures will be applied in the same manner as if the Complainant had made the initial report. EOO will attempt to meet with the Complainant to discuss available options, including Supportive Measures, as well as on- and off-campus resources.

The nature and level of the University’s response to such reports is at EOO’s discretion. For example, EOO may document allegations for future reference, offer Supportive Measures, and/or engage in informal or formal action. EOO also refers reports of Harassment based on a protected status to the BRT if the identity of the Respondent is unknown or the Complainant chooses not to engage with the EOO processes.

In cases where the Complainant wishes to remain anonymous, but the Resolution Team determines it necessary to file a Formal Complaint to initiate the complaint resolution process, the University is obligated to disclose details about the allegations to the Respondent, including the Complainant’s identity, if known.

There is no time limit for submission of a report. However, BU’s ability to investigate, respond, discipline, and/or provide remedies for anonymous or historical reports of Prohibited Behavior will be impacted by a number of factors. These include the level of information available about the incident and the individuals involved, whether the parties are subject to BU’s jurisdiction, the Complainant’s willingness to participate in the Administrative Resolution Process, and whether significant time has passed since the incident(s) described in such a report. Depending on the nature of the case, BU might not still have jurisdiction, for example, when the parties are no longer enrolled at or employed by the University, or the parties are no longer participating in a University Education Program or Activity.

III. Privacy, Confidentiality, and Safety Measures

 

A. Privacy

BU will work to keep information private and will not share personally identifiable information (as defined under the Family Educational Rights and Privacy Act) received during the course of an Administrative Resolution Process except in the following circumstances: (1) prior written permission from the person who has the authority to consent; (2) when sharing with a confidential resource or someone who has permission to receive the information (such as an advisor or confidential resource provider); (3) when sharing with people involved in the process, including those directly affected and other employees who need to know; (4) as required by federal law or the terms of a federal grant or granting agency; or (5) when the disclosure is not prohibited by applicable law. The Resolution Team will inform all Community Members participating in an investigation, proceeding, or hearing that they are expected to maintain the privacy of the process.

BU will take reasonable steps to maintain the privacy of the Parties and witnesses, in a manner that does not restrict the Parties’ ability to gather and present evidence, consult with family members, friends, confidential resources, or Advisors, or otherwise prepare for or participate in the Administrative Resolution Process. BU will also work to prevent and address unauthorized disclosure of information and evidence obtained solely through the Grievance Process. For example, BU will direct Parties not to share information obtained solely through the Administrative Resolution Process and/or may take action if a Party’s unauthorized disclosure violates the Policy’s prohibition against Retaliation or other University policy.

B. Complainant Request for Confidentiality and Community Safety Concerns

A Complainant and witnesses participating in the Grievance Process cannot remain anonymous because all parties have a right to know who is providing evidence relevant to the allegation(s). If the Complainant requests confidentiality or expresses a desire for the report or Complaint not to be pursued, and if the Administrative Resolution Process has not been initiated or the process began but was terminated, EOO will assess the Complainant’s request for anonymity and/or not to proceed. In conducting this evaluation EOO will consider various factors, including but not limited to:

• • The rationale for Complainant’s request not to proceed with the initiation of a complaint;
  • The Complainant’s reasonable safety concerns regarding initiation of a complaint;
  • The risk that additional acts of Prohibited Behavior would occur if a complaint was not initiated, including whether there were other reports of alleged Prohibited Behavior involving the same Respondent;
  • The seriousness of the alleged Prohibited Behavior and whether, if established, the Respondent would be removed from campus, or some other serious sanction would be necessary;
  • The Respondent has a history of arrests or records from a prior school or employer indicating a history of violence;
  • The Respondent threatened further Prohibited Behavior or other violence against the Complainant or others;
  • The Respondent is a BU Employee;
  • The Prohibited Behavior was committed by multiple Respondents;
  • The Prohibited Behavior was perpetrated with a weapon;
  • The age and relationship of the parties, including whether Complainant is a minor;
  • BU possesses other relevant evidence (e.g., security camera footage, security personnel observations, physical evidence);
  • Applicable legal requirements;
  • The Complainant’s report reveals a pattern of perpetration (e.g., via illicit use of drugs or alcohol) at a given location or by a particular person or group or ongoing Prohibited Behavior; or,
  • Whether BU could end the Prohibited Behavior and prevent it from recurring without initiating a complaint.

If, based on EOO’s assessment, it determines Complainant’s request for confidentiality or decision not to participate in an investigation will be honored, BU’s ability to meaningfully investigate the incident or take action against the Respondent(s) may be limited.

In rare cases, EOO may start the Grievance Process without the Complainant’s participation. This might happen if the report involves an imminent and serious threat to Complainant or BU Community Members’ safety, or stops BU from providing equal access to its programs. If proceeding with the Grievance Process involving allegations of Title IX Sexual Misconduct, BU must share details with the Respondent, including the Complainant’s name, if known. In these cases, EOO becomes the Complainant and will inform the person who wanted to stay anonymous or did not want to be involved of the upcoming Grievance Process. That person can speak to EOO, receive Supportive Measures, receive updates on the case, and be provided access to any resulting reports or findings.

C. Emergency Removal of a Student Respondent

BU may remove a student from campus in emergency situations. This step is only taken after an individualized safety and risk review, when the University determines that:

1. 1. The student poses an immediate risk to the physical safety or health of another person or the community; and
   2. The risk is connected to the reported allegations of Prohibited Behavior.

Emergency removal may include a short-term suspension or leave of absence. If this happens, the University will promptly notify the student and explain the decision, and the student will have an opportunity to appeal the removal decision immediately following the removal.

D. Administrative Leave for Employees

BU may place an employee on administrative leave from their job duties at any time, including while the Administrative Resolution Process is ongoing. This action is not considered an emergency removal under these Procedures and does not include an appeal option. Notice of administrative leave will come from outside the EOO and the Procedures.

IV. Rights, Supportive Measures, and Advisors

 

A. Rights of the Complainant and Respondent During Administrative Resolution Process

Throughout the Administrative Resolution Process described in Sections VII and VIII, both the Complainant and Respondent are entitled to the following:

• • Equitable treatment;
  • Access to the Policy and Procedures applicable to their case;
  • An Advisor or support person of their choice who may accompany and consult with the Parties throughout the proceedings, provided the Advisor cooperates with the rules established by the EOO about their participation;
  • Notice of an allegation of the Prohibited Behavior that will include the date, time, and location, if known, of the alleged incident, including a specific statement of policies allegedly violated;
  • An Administrative Resolution Process that is impartial and conducted by an individual who does not have a conflict of interest or bias and who will have not less than annual training on the Policy and Procedures;
  • A presumption that the Respondent is not responsible for the alleged Prohibited Behavior until a determination regarding responsibility has been made;
  • To decline to participate in the Administrative Resolution Process;
  • Simultaneous written notice of the outcome of an Investigation, not later than seven (7) days after a final determination of a Complaint addressed through the Administrative Resolution Process (not including time for an appeal), unless good cause for additional time is shown;
  • Information about any appeal rights and procedures, including that both Parties are permitted the opportunity to appeal determinations regarding responsibility or sanctions; and
  • Non-disclosure of the identity of the Parties by the University, except as necessary for BU to carry out the Administrative Resolution Process under the Policy and Procedures, or as permitted under state or federal law.

As explained in Sections VII and VIII, during the Administrative Resolution Process, both the Complainant and Respondent are entitled to:

• • • • Equal opportunity to present evidence and witnesses on their behalf during an investigation and hearing (conducted in cases involving allegations of Title IX Sexual Misconduct);
      • Equal opportunity to inspect, review, and respond – within a reasonable timeframe – to evidence obtained in an investigation that will be used during the Administrative Resolution Process;
      • Restrictions on the types of evidence considered by the Investigator, including evidence regarding prior sexual history or character evidence; and
      • Provide any questions to the Investigator to ask the other Party, because Parties may neither personally nor directly question each other during an investigation or hearing. If a specific question cannot be asked, the Investigator will provide a rationale for the decision.

B. Supportive Measures

Supportive Measures are available to the Parties any time after EOO receives a Report of alleged Prohibited Behavior. If there is a report of Prohibited Behavior, it is not necessary for a Complainant to proceed with an Administration Resolution Process or for a Respondent to participate in the process to request Supportive Measures. Supportive measures are available at no cost to the Parties and can be requested through the EOO and other University Offices, which includes but is not limited to: Dean of Students Office (DOS), Disability and Access Services (DAS), Faculty and Staff Assistance Office (FSAO), the Ombuds Office, Survivor Advocacy, Response & Prevention (SARP), and Residence Life. The relevant office will consult with the Parties’ school, college, or administrative unit (and Disability & Access Services, when appropriate) when planning and implementing Supportive Measures.

An individual’s failure to comply with restrictions imposed by Supportive Measures (e.g. a no-contact order) may be a basis for disciplinary action, up to and including expulsion from the University or termination of employment from the University and will be addressed in accordance with applicable University policies.

i. Factors Considered When Implementing Supportive Measures

Factors the University will consider when determining whether to implement one or more Supportive Measures, include the following:

• • • The nature of the alleged Prohibited Behavior and any continuing effects on the Parties;
    • Whether the Parties continue to be enrolled or employed, or otherwise engaged in classes, work, or an Education Program or Activity;
    • Whether a no-contact and/or no-trespass order, or other steps, have already been taken to mitigate harm;
    • Ages of the parties involved; and
    • The reasonableness of the request.

If the Respondent is unknown or is not a BU Community Member, EOO may assist the Complainant in identifying appropriate institutional and local resources and support options. If criminal conduct is alleged, BU may assist the Complainant in contacting BUPD or other applicable law enforcement to file a police report, seek a restraining order, or obtain other support.

BU will keep Supportive Measures as private as possible, including between the Parties, unless sharing is necessary to put those measures in place.

ii. Appeal Of Supportive Measures

If a Party believes a Supportive Measure offered under these Procedures does not meet their needs, they may appeal the Supportive Measure(s). The appeal is limited to the Supportive Measures that affect the Party themselves and is limited to seeking a change or reversal of the decision to provide, deny, modify, or end those measures.

The appeal must be made directly to EOO using the Supportive Measure Appeal Form. The Title IX Coordinator or Executive Director of EOO (“TIXC/ED”) or, in the case of a conflict, a Resolution Team member (other than the member implementing the Supportive Measures) will review the appeal request and provide a decision (including a rationale) within 14 Days. The decision will be final, unless there is a material change in circumstances that affects the Parties after the original decision.

iii. Duration of Supportive Measures

Supportive Measures may be modified, terminated, or continued at the conclusion of the Administrative Resolution Process by EOO. Parties will be notified in writing of any changes in status.

C. Reasonable Accommodation

BU is committed to providing reasonable accommodations and support to qualified BU Community Members with disabilities to ensure equal access to the Administrative Resolution Process. Any person needing an accommodation or support during the Administrative Resolution Process should contact the EOO at accomm@bu.edu, who will review the request and, in consultation with the person requesting the accommodation, determine which accommodations are appropriate and necessary for full participation in the process.

D. Reasonable Modifications for Students due to Pregnancy, Childbirth, or Related Medical Conditions

The University will make Reasonable Modifications for Students, based on each Student’s individualized needs and in consultation with the Student. Reasonable Modifications may include academic, physical space, and attendance adjustments, including voluntary leaves of absences. However, a modification that fundamentally alters the nature of the Student’s University Education Program or Activity is not considered reasonable. Depending on the nature of the Student’s request, the University may require a Student to provide documentation that is reasonable and necessary to support the Student’s need for Reasonable Modifications.

BU uses an interactive dialogue to discuss a request for Reasonable Modifications and explore potential modifications or adjustments. All Students who need to request a Reasonable Modification due to pregnancy, childbirth, or a related medical condition should contact the EOO at eoo@bu.edu.

E. Language and Interpretation Services 

The University will provide language services to ensure meaningful access and effective participation in the Administrative Resolution Process for individuals with limited English proficiency or other language needs. Upon request, and at no cost, the University may provide spoken language interpretation, translation of relevant written materials, or other appropriate language assistance at any stage of the process. Requests should be made in writing to the EOO and may be submitted at any time.

F. Advisors

Each party may choose and be accompanied to any meeting or interview related to these Procedures by one person serving as an Advisor. During meetings and interviews, the Advisor may provide support by quietly conferring with or passing notes to the Party in a non-disruptive manner. Parties and Advisors may also request a break in the meeting or interview to confer. Consistent with BU’s commitment to promptly resolving complaints, EOO reserves the right to proceed with any meeting or interview regardless of the availability of the party’s selected Advisor. Advisors are expected to advise ethically, with integrity, and in good faith. Advisors are also expected to maintain the privacy of the records shared with them.

During the hearing phase of the Title IX Sexual Misconduct Procedures (explained further in Section IX), each Party is required to have a Hearing Advisor who will question the other Party and witnesses at the hearing. Otherwise, a Hearing Advisor may not speak on behalf of a Party, delay, disrupt, or interfere with the hearing. If a Party does not have a Hearing Advisor to serve on their behalf during the hearing, the Party should immediately (and within 2 days of receipt of the written hearing notice) contact the Hearing Facilitator assigned to the matter at titleix@bu.edu to discuss the appointment of a Hearing Advisor by the University.

If an Advisor disrupts the Administrative Resolution Process or otherwise fails to respect the limits of the Advisor role, EOO may suspend the meeting or interview, or implement other appropriate measures. In the event a Party’s Advisor of choice materially violates the rules and expectations specified in the Procedures, the University may preclude the Advisor from further participation, in which case the Party may select a new Advisor of their choice.

A Party may designate an Advisor by submitting an Advisor Designation Form available at www.bu.edu/eoo. Parties should submit the Advisor Designation Form in advance of any interview in which the Advisor attends as part of the EOO Administrative Resolution Process.

V. Initial Assessment and Case Routing

 

A. Timeframe for Resolution

EOO will seek to resolve each Complaint and Formal Complaint through the Grievance Process or Alternative Resolution Process in 120 Days, excluding appeals of the Grievance Process. Should an appeal be filed, it will typically require an additional 30 Days to resolve.

Time frames may vary depending on the complexity of a case, availability of witnesses, and the time of the academic year (for example, during breaks, study periods or final exams, some delays may be inevitable). EOO may extend any time frame for good cause and will provide a written explanation to the Parties, along with an estimation of the additional time needed.

B. Concurrent Criminal or Civil Processes

The filing and processing of a Complaint or Formal Complaint of Prohibited Behavior with EOO is separate from and independent of any criminal law enforcement investigation or court proceeding. Parties retain the right to choose whether to notify law enforcement (including campus, local, and state police) of an alleged incident of Prohibited Behavior, and may pursue or decline such options independently of the University’s processes.

EOO’s action(s) are not typically altered or precluded on the grounds that civil or criminal   charges involving the underlying incident(s) have been filed or that criminal charges have been dismissed or reduced. On a case-by-case basis, however, EOO may briefly delay its investigation (several days to weeks) when law enforcement is investigating criminal charges based on the same Prohibited Behavior. Neither law enforcement’s decision whether to prosecute a Respondent nor the outcome of a criminal prosecution determines whether a violation occurred under the Policy.

C. Effect of Pending Administrative Resolution on the Respondent

If the Respondent is currently a Student or Employee, no record of a complaint, formal complaint, ongoing administrative resolution process, or pending disciplinary action will be included on the student’s academic transcript or the employee’s personnel file until the administrative resolution process is fully completed, including any appeals or related internal procedures.

If a student Respondent chooses to withdraw from the University while the administrative resolution process is still ongoing, their transcript will indicate a withdrawal along with a notation that a disciplinary process was pending at the time of withdrawal. This notation may be updated to reflect the outcome of the process.

If the employee resigns before the process is complete, their personnel file will reflect their resignation and note that an administrative resolution process was pending at the time. This notation may be updated to reflect the outcome of the process.

D. Report Submitted and Initial Assessment

After receiving a Report of alleged Prohibited Behavior, the Resolution Team will contact the Complainant and offer an opportunity to meet with a member of the Resolution Team. In addition to providing information regarding Supportive Measures and the Administrative Resolution Process to Complainants, EOO may request additional information regarding the alleged Prohibited Behavior prior to conducting an initial assessment.

If a Report becomes a Complaint or Formal Complaint, then EOO will conduct an initial assessment:

• • EOO will assess the allegations to determine whether the Complaint or Formal Complaint should be dismissed based on the grounds described in Section VI, Dismissals, or referred to the Bias Review Team.
  • If the allegations allege a potential violation of the Policy, EOO will work with the Complainant to determine which option(s) to pursue:
    • Supportive Measures (described in Section IV.B);
    • Alternative Resolution Process (described in Section VII);
    • Grievance Process (described in Section VIII); and/or
    • Other steps deemed appropriate by EOO, based on case-specific circumstances.

E. Administrative Resolution Process

The Administrative Resolution Process at BU is used to address reports, Complaints, and Formal Complaints of Prohibited Behavior. The Administrative Resolution Process consists of the Alternative Resolution Process and the Grievance Process, both described in detail below.

The process for resolving Formal Complaints alleging Title IX Sexual Misconduct differs in some important ways from the process used to resolve all other Complaints including, for example, whether the Alternative Resolution Process is available, the process for dismissal of Complaints, the types of evidence available during the proceedings, and whether findings are made by an Investigator or a Hearing Panel or Chair. The distinctions are noted throughout these Procedures.

Each process is initiated when the EOO issues a Notice to all Parties. The Notice will be either a Notice of Alternative Resolution Request (NOARR) or a Notice of Investigation and Allegations (NOIA). These notices are described in more detail below.

F. Accepted Responsibility

At any point prior to the conclusion of the Administrative Resolution Process, a Respondent may choose to accept responsibility for part or all of the alleged Policy violations. This decision must be communicated in writing to the investigator or designated official.

When a Respondent accepts responsibility:

• • The Administrative Resolution Process may be concluded with respect to the conduct for which they have accepted responsibility.
  • A Resolution Team Member will document the Respondent’s acceptance of responsibility and incorporate it into a final report or memorandum.
  • The matter will proceed to the resolution phase, which may include a determination of appropriate outcomes or sanctions, as applicable.
  • The Complainant will be notified of the Respondent’s decision and will have the opportunity to respond or provide input, consistent with applicable policy and procedures. In a case involving Title IX Sexual Misconduct, both Parties must agree to the acceptance of responsibility.

If the Respondent accepts responsibility for only a portion of the alleged conduct, the Administrative Resolution Process will continue for the remaining allegations unless otherwise resolved.

The University recognizes that accepting responsibility can be a difficult decision. Respondents are encouraged to consult with an Advisor or support person and may request a meeting with the Investigator or a Resolution Team Member to discuss the implications of this option.

VI. Dismissals

A dismissal means the University will not move forward with some or all parts of a Complaint or Formal Complaint under the Policy. Dismissals can happen for different reasons, such as when the University does not have jurisdiction or when the allegations do not meet the definition of a Policy violation. A dismissal does not necessarily mean the reported behavior was acceptable; it only means that the Administrative Resolution Process will not continue. In some cases, the matter may be referred to another University process for review. There are two types of dismissals, which are discussed in detail below.

A. Permissive Dismissal

EOO may dismiss one or more allegations – or an entire Complaint or Formal Complaint – at any point during the Administrative Resolution Process for any of the following reasons:

• • • The Respondent cannot be identified after reasonable efforts by the EOO;
    • The University does not have jurisdiction over a Complaint or Formal Complaint because, for example, Respondent is not participating in a University Education Program or Activity or is not employed at BU;
    • The allegations of Prohibited Behavior, even if proven, do not rise to the level of a Policy violation (EOO will attempt to clarify the allegations with the Complainant prior to dismissal on this basis);
    • Circumstances prevent the University from gathering enough evidence to reach a determination as to the Complaint or Formal Complaint (or any part(s) of the Complaint or Formal Complaint);
    • The Complainant voluntarily withdraws some or all the allegations of Prohibited Behavior in writing, and the Title IX Coordinator decides not to initiate a Complaint. Any remaining allegations must still meet the Policy’s definition of Prohibited Behavior without the withdrawn allegations to proceed. If a Complainant withdraws one or more allegations from their Complaint or Formal Complaint and that withdrawal is accepted by the EOO, they may not later reinstate or refile the withdrawn allegation(s) under this Policy based on the same facts, except where new information materially alters the nature or scope of the withdrawn allegations or in exceptional circumstances; and/or,
    • At EOO’s discretion, for any other reasonable reason based on the facts and circumstances of the Complaint or Formal Complaint.

B. Mandatory Dismissal – Formal Complaints Alleging Title IX Sexual Misconduct

EOO must dismiss Formal Complaints alleging Title IX Sexual Misconduct (entirely or in part) if:

• • The alleged misconduct, even if proved, would not constitute a violation of any charge of Title IX Sexual Misconduct under the Policy;
  • The alleged misconduct did not occur in the University’s Education Program or Activity;
  • The alleged misconduct did not occur against a person in the United States; or
  • The Complainant is not participating in or attempting to participate in an Education Program or Activity at BU at the time the Formal Complaint was filed.

If a Formal Complaint is dismissed for any of these reasons, the Title IX Coordinator may refer the matter to another University process or to the Administrative Resolution Process for other types of Prohibited Behavior.

C. Dismissal Appeal Process

When EOO dismisses a Complaint or Formal Complaint (or any part of it) for either Permissive or Mandatory Dismissal reasons, it will send written notice (Dismissal Notification) explaining the reason(s) for dismissal and offering Supportive Measures.

If the NOIA was already issued at the time of the dismissal, both Parties will receive the Dismissal Notification and may appeal and/or provide a written response to any appeal filed by the other Party. If the dismissal was issued before the NOIA was issued to the Respondent, then only the Complainant will be sent the Dismissal Notification and may appeal; the Respondent will neither be notified of the dismissal nor provided an opportunity to appeal.

An appeal of the dismissal of a Complaint, Formal Complaint, or specific allegations must be based on the following grounds:

• • Procedural error or omission that would change the dismissal decision;
  • The discovery of new, relevant evidence that was unavailable to the appealing party when the Complaint, Formal Complaint, or allegation was dismissed; or,
  • The TIXC/ED, Investigator, or other member of the Resolution Team had a conflict of interest or bias.

An appealing party must request an appeal using the Dismissal Appeal Form. This Form must be submitted to EOO within seven (7) Days from the date of the Dismissal Notification. The TIXC/ED or their designee will review the request and provide a decision, including a rationale, within 14 Days from receipt of the Dismissal Appeal Form or the non-appealing party’s written response, whichever is later.

VII. Alternative Resolution Process

In the Alternative Resolution Process, the Parties seek a resolution of a Complaint or Formal Complaint using an alternative resolution mechanism, including but not limited to, mediation, restorative practices, facilitated dialogue, or other applicable approaches.

A. Initiating the Alternative Resolution Process

Either Party may request to use the Alternative Resolution Process at any time before the University decides whether a Policy violation did or did not occur. In Title IX Sexual Misconduct cases, the request may be made at any time after the filing of a Formal Complaint and before the conclusion of the hearing. In all other cases, the request may be made after the filing of a Complaint and before the conclusion of an investigation. The Alternative Resolution Process cannot be used when a student alleges a University employee committed Title IX Sexual Misconduct.

B. When The Alternative Resolution Process Is Permitted

Following a request for Alternative Resolution by one or both Parties, EOO will review the request to determine whether the Alternative Resolution Process would be appropriate and, if so, which form of Alternative Resolution may be most successful for the Parties, based on the following factors:

• • Likelihood of potential resolution, considering any power dynamics between the Parties;
  • The nature and severity of the alleged Prohibited Behavior;
  • Parties’ motivation to participate;
  • Civility of the Parties;
  • Results of a violence risk assessment/ongoing risk analysis;
  • Disciplinary history of the Respondent;
  • Whether Administrative Leave for a BU Employee or leave of absence for a Student is needed;
  • Skill of the Alternative Resolution Process facilitator with the type of Complaint (the nature of the alleged Prohibited Behavior);
  • Complaint complexity;
  • Emotional investment/capability of the Parties;
  • Goals of the Parties;
  • Whether the Alternative Resolution Process would conflict with any federal, state, or local law; and
  • Whether EOO has adequate resources available to support the Alternative Resolution Process.

Before engaging in any type of Alternative Resolution, EOO will confirm that both Parties freely agree to participate. If both Parties agree, EOO will work with them to decide on the method that best fits the situation, such as mediation or restorative practices.

EOO will never pressure anyone to participate in the Alternative Resolution Process, and participation will not affect a person’s enrollment or employment. Even if one or both Parties request Alternative Resolution, EOO may decide not to offer it or may stop it at any time. This may happen if material facts change, if the process no longer seems appropriate, if EOO believes it will not lead to a successful resolution, or at EOO’s discretion for any other reasonable reason.

Parties are not required to use the Alternative Resolution Process. Either Party may stop it at any time and begin or return to the Grievance Process. If the Parties were already in the Grievance Process before starting Alternative Resolution, EOO will decide whether that process will pause, continue, or change in some way while Alternative Resolution is underway.

EOO may help the Parties reach an agreement and may accept or reject any proposed outcome, including terms related to confidentiality, release, or non-disparagement.

C. Notice of the Alternative Resolution Process

If BU and the Parties agree to engage in the Alternative Resolution Process, EOO will provide parties with written notice of the following:

• • Copy of or link to the Policy and these Procedures
  • The alleged Prohibited Behavior;
  • The requirements of the Alternative Resolution Process, including conditions for withdrawing from it and initiating or resuming the Grievance Process;
  • The TIXC/ED’s duty to take appropriate prompt and effective steps to ensure that discrimination does not continue within the University’s Education Program or Activity;
  • Potential terms that may be requested or offered;
  • Information about any Alternative Resolution Process records that may be maintained and/or shared by EOO in any Grievance Process that may be initiated or resumed;
  • Enforcement of the Resolution Agreement;
  • The Parties’ right to have an Advisor of their choice throughout the process;
  • An explanation of the prohibition against Retaliation; and
  • If Supportive Measures have been implemented, an explanation of the scope of those measures, the Parties’ respective duties to comply with them, and appeal rights.

D. Conclusion of the Alternative Resolution Process

Once signed by the Parties and accepted by the EOO, the Resolution Agreement becomes final and binding, and the terms of the Resolution Agreement are not subject to further review or appeal through the Policy’s grievance procedures. However, if a Party fails to comply with the agreed-upon terms, the EOO may take appropriate action, which may include reinstating the underlying allegations for further resolution or referring to the appropriate disciplinary process (such as the Student Code of Responsibilities, Faculty Handbook, Non-Represented Staff Handbook, or a collective bargaining agreement).

EOO keeps records of all resolutions reached through the Alternative Resolution Process. The relevant Administrator(s) for the case will carry out any restrictions or remedies that the Parties agree to in a Resolution Agreement. Once both Parties sign a Resolution Agreement, the terms cannot be appealed. If the Parties cannot agree on all terms, the case will move forward through the Grievance Process.

When a resolution is reached, the Administrator(s), or their designee(s), will promptly put any remedies or other actions into place. These steps are taken to stop the Prohibited Behavior, prevent its recurrence, and address its impact on the Complainant and other BU Community Members.

VIII. Grievance Process

The Grievance Process described below is used for resolving Formal Complaints (which are complaints alleging Title IX Sexual Misconduct) and Complaints (which are complaints alleging Non-Title IX Sexual Misconduct and any other form of Prohibited Behavior). Certain aspects of the Grievance Process differ for Formal Complaints and Complaints. These differences are identified below.

A. Filing a Formal Complaint for Title IX Sexual Misconduct

One of the differences between allegations of Title IX Sexual Misconduct and all other forms of Prohibited Behavior is that a Formal Complaint is required to initiate the Grievance Process for Title IX Sexual Misconduct. Following a report of Prohibited Behavior, the Resolution Team will review the report to determine whether the allegations constitute Title IX Sexual Misconduct. If so, a Formal Complaint must be filed by the Complainant before any Notice of Investigation and Allegations is issued.

In rare situations, the Title IX Coordinator (TIXC) may sign a Formal Complaint to start the Grievance Process even if the Complainant does not wish to participate. The TIXC may take this step after an individualized review of the facts and safety concerns, and only when needed to protect the community or ensure equal access to University programs. Reasons may include: an imminent and serious threat to someone’s safety; evidence of a pattern of alleged conduct by the same Respondent; or other circumstances showing that not proceeding would risk ongoing harm or deny equal educational or workplace access. When the TIXC signs a Formal Complaint, the TIXC is not the Complainant or a party and will remain neutral and free of bias throughout the process. The University will inform the individual who reported the concern, continue to offer Supportive Measures, and provide updates on the case.

B. Consolidation of Complaints

If different allegations of Prohibited Behavior come from the same set of facts or events, EOO may choose to combine them into one Complaint or Formal Complaint. This may happen when:

• • One Complainant reports concerns about more than one Respondent;
  • More than one Complainant reports concerns about one or more Respondents; or
  • One Party reports concerns about another Party.

C. Notice of Investigation and Allegations (NOIA)

Once EOO decides a Complaint or Formal Complaint should be investigated, EOO will send a written Notice to both Parties. The NOIA may be mailed to the Parties’ designated addresses, emailed to their BU issued or preferred email accounts, or delivered in person. The NOIA is considered delivered once it is mailed, emailed, or given in person. EOO may delay sending the NOIA to address potential safety concerns, based on an individualized safety and risk analysis, that may arise from issuing the NOIA.

The NOIA will contain the following information:

• • Copy of or link to the Policy and these Procedures.
  • Explanation of the process for investigating and adjudicating Complaints and Formal Complaints under these Procedures.
  • Summary of the Complaint or Formal Complaint which will provide sufficient information to allow the Parties to respond to the allegations, including the (a) identities of the Parties involved, (b) conduct that forms the basis for the alleged Prohibited Behavior, and (c) date(s)/time(s) of the alleged Prohibited Behavior (if known to the University).
  • The name of the impartial investigator(s), if available, assigned to the case. Concerns regarding bias or conflict of interest related to the Investigator may be raised with the TIXC/ED, who will determine whether the concern is reasonable and supportable. If so, a different Investigator(s) will be assigned.
  • The Respondent is presumed not responsible for the Prohibited Behavior until a determination based on the preponderance of the evidence is made at the conclusion of the Administrative Resolution Process.
  • The Parties’ right to have an Advisor of their choice during the Administrative Resolution Process, including during any meeting, interview, or hearing.
  • The Parties will have equal opportunities to inspect, review, and present to a trained, impartial decisionmaker certain types of evidence depending on the nature of the allegations and the stage of the Grievance Process:
    • For Formal Complaints alleging Title IX Sexual Misconduct, the Parties may inspect and review any evidence obtained as part of the investigation that is directly related to the allegations in the Formal Complaint, and to present at a hearing relevant and not otherwise Impermissible Evidence; and
    • For Complaints alleging all other forms of Prohibited Behavior, the Parties may inspect, review and present to an impartial decisionmaker all relevant and not otherwise Impermissible Evidence.
  • The University will identify in writing to the Parties the date, time, location, participants, and purpose of all hearings, investigative interviews, or other meetings with sufficient time for the party to prepare to participate.
  • An explanation of the prohibition against Retaliation.
  • If Supportive Measures have been implemented, an explanation of the scope of those measures, the parties’ respective duties to comply with them, and appeal rights.

EOO may update the NOIA at any time if new information becomes available, such as new allegations or the dismissal of existing allegations, during the Administrative Resolution Process.

D. Investigation Process

Investigations conducted under the Grievance Process involve interviews with all relevant Parties and Witnesses, as well as collection of available evidence. Throughout the investigation, Parties receive weekly status updates (or less frequent updates if requested) and a full and fair opportunity to suggest witnesses and provide evidence. Parties also have the opportunity to review and respond to all evidence on the record (the types of evidence that will be made available to the Parties will depend on the nature of the allegations) (See Section VIII.E).

i. Preliminary Investigation Report and Review Period

Prior to the completion of the Final Investigation Report, the Investigator will draft a Preliminary Investigation Report summarizing either (a) all relevant and not otherwise Impermissible Evidence (for Complaints), or (b) all relevant plus all directly related evidence for Formal Complaints alleging Title IX Sexual Misconduct. The Preliminary Investigation Report will not include any factual findings, credibility assessments, or outcome determinations.

EOO will make the Preliminary Investigation Report and appropriate evidence available to each party (and their Advisor, if any) in non-downloadable electronic format or make a hard copy available for review in the EOO. The Parties will have 10 Days from receipt of such evidence to submit to the Investigator a written response, which may include a request to review additional evidence based on the nature of the Prohibited Behavior. The Investigator will incorporate the responses submitted into an updated report.

The Investigator will review the Parties’ respective written responses (if any) and may take additional investigative steps, as needed. The Investigator may allow the Parties an additional period to respond, in writing, to the written responses of the other party, including any new evidence provided. Whether an additional review period is initiated and the length of that review period is at the discretion of the EOO.

ii. Finalizing the Investigation Report

a. Complaint Alleging Prohibited Behavior Other Than Title IX Sexual Misconduct

Following completion of the preliminary review period and any additional investigatory steps, the Investigator will draft a Final Investigation Report. In cases alleging Prohibited Behavior other than Title IX Sexual Misconduct, the Final Investigation Report will:

• • • • Assess a Party’s or witness’s credibility, if relevant to evaluating one or more allegations of Prohibited Behavior;
      • Evaluate the relevant and not otherwise Impermissible Evidence and determine factual findings for all allegations;
      • Compare the relevant and not otherwise Impermissible Evidence in relation to the definitions of Prohibited Behavior as described in the Policy;
      • Set forth findings regarding responsibility based on the Preponderance of the Evidence; and
      • Provide information regarding Appeal rights of the Parties.

The Final Investigation Report will be shared with the relevant Administrator for review and determination as to the appropriate Sanction, if any. For more information regarding Disciplinary Sanctions, see Section X below.

Following the Administrator’s review, the Parties will be provided simultaneous notice of the outcome of the investigation and access to the Final Investigation Report, including all relevant and not otherwise Impermissible Evidence. The Parties will also be provided information regarding their rights to an appeal, discussed in further detail in Section XI below.

b. Formal Complaint Alleging Title IX Sexual Misconduct

The Investigator will create a Final Investigation Report summarizing the relevant evidence for Formal Complaints alleging Title IX Sexual Misconduct. The Final Investigation Report will include exhibits containing all relevant evidence made available to the parties for inspection and review. This evidence may be used by the parties at the Hearing. As noted below in Section VIII(E)(iii)(b), the Investigator may redact certain information contained in documents or evidence. In the Final Investigation Report, the Investigator will not make a final determination as to whether a violation of the Policy occurred, or an appropriate sanction, reserving those decisions for the relevant decision-makers during the hearing process.

After completing the Final Investigation Report, the Investigator will simultaneously send to each party (and their Advisor(s), if any) a non-downloadable copy of the Final Investigation Report in electronic format or will make a hard copy available for review in the EOO. A Complainant or Respondent may submit a written response to the Final Investigation Report to the investigator within seven (7) Days of the issuance of the Final Investigation Report. A Party’s written response to the Final Investigation Report may include any objections to the Investigator’s determinations about relevance of the evidence referenced in the Report. Parties’ responses will be provided with the Final Investigation Report to the Hearing Panel for pre-hearing review.

iii. Additional Considerations

a. Remote Processes

EOO may choose to hold any meeting under these Procedures remotely (such as by phone, video call, or similar technology) when doing so is appropriate or helpful in the circumstances. EOO will work with the Party or Witness when determining whether the meeting will be conducted in-person or remotely.

b. Recording

No unauthorized audio or video recording of any kind is permitted during any meeting conducted as part of these Procedures. If Investigator(s) elects to audio and/or video record interviews, all involved parties must be made aware of and consent to audio and/or video recording.

c. Previous Allegations/Violations

Evidence of previous disciplinary violations by Respondent may be admissible and considered by the Investigator(s) when the information suggests a potential pattern and/or predatory conduct, but otherwise such evidence is not generally admissible.

Previous disciplinary action of any kind involving Respondent may also be considered in determining appropriate Supportive Measures, whether emergency removal (Section III.C) or administrative leave (Section III.D) are appropriate, and disciplinary sanction(s) (Section X).

d. Witness Participation

BU Community Members are expected to cooperate with, and participate as Witnesses in the Grievance Process, but EOO cannot require them to do so. Participating Witnesses are expected to engage with honesty and in good faith. Disciplinary action under an applicable conduct code may result if a Witness acts in bad faith.

E. Evidentiary Rules

 

i. Preponderance of the Evidence Standard of Proof

Throughout the Grievance Process, the Respondent is presumed not responsible for the alleged Prohibited Behavior. The Respondent will only be found responsible if, at the end of the process, the Preponderance of the Evidence shows it is more likely than not a Policy violation occurred.

ii. Unauthorized Disclosure of Information and Evidence by the Parties

BU may ask the Parties to agree in writing not to share information learned only through the Grievance Process. BU may also review whether a Party’s unauthorized disclosure breaks the Policy’s rules against Retaliation. If it does, BU may take action under these Procedures. EOO will also take reasonable steps to prevent and address any unauthorized sharing of information or evidence by the Parties or their Advisors when that information comes solely from the Grievance Process.

iii. Use of Evidence During the Investigation Process

The types of evidence that may be accessed, reviewed, and considered by the Parties, an Investigator, and a decisionmaker during the Grievance Process differ between cases alleging Title IX Sexual Misconduct and cases alleging any other form of Prohibited Behavior. In all cases, the Parties are expected to provide all available relevant evidence to the Investigator.

a. Complaints alleging Prohibited Behavior other than Title IX Sexual Misconduct

The Investigator will collect and review evidence during the investigation in accordance with the Policy. The Investigator will share relevant evidence with the Parties for their review so long as it is not Impermissible Evidence.

EOO may remove or redact certain information from documents or evidence before sharing it, including:

• • • • Information that is irrelevant, even if it appears inside a relevant document;
      • Impermissible Evidence; or
      • Information that could violate the privacy rights of another Student, Employee, or Community Member and is not relevant to the issues being reviewed.

b. Formal Complaints alleging Title IX Sexual Misconduct

The Investigator will collect and review any evidence that is directly related to the allegations. The Investigator will share this evidence with the Parties as required by these Procedures, and both Parties will have an equal chance to inspect and review it.

Directly related evidence includes:

1. 1. 1. 1. Evidence that is directly related to the allegations in the Formal Complaint, even if the University does not plan to use it when deciding responsibility; and
         2. Inculpatory or exculpatory evidence that is directly related to the allegations, no matter where it comes from.

Directly related evidence does not include Impermissible Evidence.

EOO may remove or redact certain information before sharing documents or evidence from a Formal Complaint investigation. This may include information that is not directly related to the allegations or that is considered Impermissible Evidence.

If a Party has relevant evidence they did not share during the investigation, the Hearing Chair may choose not to allow that evidence at the Hearing. For instance, if the Hearing Chair finds the evidence was available to the Party before the Hearing and should have been submitted earlier, they may decide to exclude that evidence from the Hearing.

iv. Impermissible Evidence

The following types of evidence, and questions seeking that evidence, are impermissible during the Grievance Process for cases involving all forms of Prohibited Behavior:

• • • Information protected under legal privilege or provided to a Confidential Employee or Confidential Resource, unless the person who is owed confidentiality voluntarily waives the privilege or confidentiality, in writing. See Appendix B for more information about Confidential Resources available to the Parties and participants in the process.
    • Records made or maintained by a physician, psychologist, or other recognized professional or paraprofessional while treating a Party or witness, unless EOO obtains the written, voluntary consent from the Party or witness to use the records in the Grievance Process.
    • Evidence that relates to the Complainant’s sexual interests or prior sexual conduct, unless the evidence about the Complainant’s prior sexual conduct is:
      • Offered to prove that someone other than the Respondent engaged in the Prohibited Conduct, or
      • About specific incidents of the Complainant’s prior sexual conduct with the Respondent and offered to prove consent to the alleged Sexual Misconduct.

Any prior consensual sexual conduct between the Complainant and Respondent does not, by itself, demonstrate or imply Complainant consented to the alleged Prohibited Behavior in this case. It also does not prevent a finding that Prohibited Behavior occurred.

https://www.bu.edu/policies/interim-equal-opportunity-and-title-ix-policy-appendices/

IX. Hearing Process for Formal Complaints Alleging Title IX Sexual Misconduct

After completion of the investigation and the Final Investigation Report, the University will conduct a live hearing (“Hearing”) to adjudicate the allegations of Title IX Sexual Misconduct detailed in the Formal Complaint. A Hearing Chair or Panel will hear the relevant evidence, make a final determination as to whether the conduct alleged in the Formal Complaint constitutes Title IX Sexual Misconduct and, if so, recommend sanctions as appropriate. EOO may designate a Hearing Facilitator to coordinate all aspects of the Hearing for the parties, their advisors, witnesses, and the Hearing Chair or Panel.

A. Hearing Chair and Panel Selection / Conflict Checking

If a Hearing Panel is available, it will include three BU Community Members trained on all aspects of the Policy and these Procedures. Each Hearing Panel will have a chair, selected by the EOO, who is also responsible for ensuring the Hearing proceeds in accordance with these Procedures and for making relevancy determinations with respect to each question asked during the Hearing.

The Hearing Panel will not include someone who participated in any effort to resolve the Formal Complaint prior to the Hearing stage of the Grievance Process. The Hearing Chair/Panel will receive the names of the Complainant, the Respondent, and all witnesses, and must withdraw from the proceedings if their relationship to a Party or witness, or other circumstances leads them to believe that they cannot judge the matter fairly, without a conflict of interest, and without a bias for or against Complainants or Respondents, both generally and as to the particular Formal Complaint being resolved.

B. Hearing Notice and Hearing Chair Assignment

The Complainant and Respondent will be provided a notice with the date of the hearing and the name(s) of the Hearing Chair/Panelists informing them of their right to object to the participation of any panelist due to an alleged conflict of interest or bias. The objection must be in writing to the Title IX Coordinator at titleix@bu.edu and received within two (2) Days of the date of the notice. It must state the Party’s reasons for believing the Hearing Chair/Panelist has a conflict or is otherwise incapable of fairly judging the matter.

The Title IX Coordinator will decide whether an objection based on conflict or potential bias is justified. That decision is final. When necessary, the Title IX Coordinator will select a replacement Hearing Chair or Panelist. Parties will have an opportunity to object to any Hearing Chair or Panelist selected as a replacement.

A Hearing may be conducted with all parties physically present in the same geographic location or, alternatively, with some or all parties, witnesses, and other participants appearing at the Hearing virtually but in different geographic locations, by using a visual screen, videophone, closed circuit television, videoconferencing, or similar technology allowing the parties to simultaneously see and hear each other. Upon timely request by the Complainant or Respondent, the Hearing Facilitator or Chair may accommodate concerns for the personal safety, well-being, and/or fears of confrontation of the Complainant or Respondent during the Hearing by providing separate facilities, provided the Parties are able to simultaneously see and hear each other as described above.

C. Pre-Hearing Procedures

The Complainant, Respondent, and any witnesses will be notified of the time and location of the Hearing within fourteen (14) Days of the issuance of the Final Investigation Report. The Parties and witnesses are expected to cooperate in the scheduling of the Hearing, which will take into account work and academic obligations.

Prior to the Hearing, the Hearing Chair/Panel will review all the written materials (in electronic format) provided by the Hearing Facilitator, including the Final Investigation Report and all appendices; the written response(s) (if any) from the Complainant or Respondent to the Final Investigative Report; and any other documents not previously submitted by the Parties (except that the Parties will not be permitted to submit any new or additional evidence at the Hearing without a showing that such evidence was not previously available to the Party prior to the Hearing). All materials provided by the Hearing Facilitator to the Hearing Chair/Panel will also be shared in non-downloadable electronic format with the Parties and/or made available for review in a hard copy within the EOO.

Prior to the Hearing date, the Hearing Facilitator may schedule individual meetings between the Chair and each of the Parties and their respective Advisors. At the meeting, the Chair will review the Hearing procedures. In addition, the Complainant and Respondent (and their Advisors) will be provided with a list of witnesses, documents, and other evidence that the Hearing Chair may consider at the Hearing and will make any decisions about whether to admit new evidence proposed by a Party that was not previously submitted during the Grievance Process.

D. Hearing Attendees

The Chair will lead the Hearing. Only the Complainant and Respondent, their Advisors, any witnesses (when called), Hearing Panelists, and necessary University staff may be present in the hearing room(s). EOO will coordinate with University personnel to make sure any witness or other person who is required to participate can attend the Hearing. Whether a witness is required to attend will be determined by the Chair, based on the relevance of the witness’s testimony and the needs of the Hearing.

E. Hearing Structure

While the structure of the Hearing is determined by the Hearing Chair, the most typical order of operations is as follows:

• • Hearing Chair calls the hearing to order and provides an overview of expectations and ground rules.
  • The Complainant and Respondent are each permitted to present a brief opening statement (10-15 minutes).
  • Testimony phase, which includes:
    • Hearing Chair directing questions to the Parties;
    • Advisor-led cross examination with Hearing Chair rulings on relevancy;
    • Witness testimony based on Hearing Chair questions, Advisor cross-examination, and possible follow-up questions from the Hearing Chair; and
    • Any final questions from the Hearing Chair.
  • The Hearing Chair may allow each Party to make a closing statement.
  • The Hearing Chair announces the hearing is concluded and provides a brief overview of next steps.

The Hearing will not follow a courtroom model, and the rules of evidence and civil or criminal procedure do not apply. The Chair has the sole discretion to commence, recess, and reconvene the Hearing, and may suspend the Hearing at any time. The Chair will make any procedural decisions during the Hearing that they deem necessary to safeguard the integrity and fairness of the Hearing and to avoid undue delay.

The Hearing Chair may set reasonable time limits for any part of the Hearing. In cases where either the Complainant or Respondent opts not to participate in the Hearing, the Hearing Chair may still hear from the other.

If, prior to the conclusion of the Hearing, the Hearing Chair determines unresolved issues exist that would be clarified by the presentation of additional evidence, the Chair may suspend the Hearing and reconvene it in a timely manner to receive such additional information. A suspension of the Hearing may not be based on a Party’s proposed introduction of documents or other evidence that could have been presented prior to the Hearing.

F. Questioning at the Hearing

Before a Complainant, Respondent, or witness answers any question at the Hearing, the Chair will first determine whether the question is relevant and provide an explanation for any decision to exclude a question on the grounds that it is not relevant.

The Hearing Panel is permitted to ask questions of any Party or witness participating in the Hearing. A Party’s Advisor is also permitted to ask questions; however, the Chair may disallow or reframe any questions that are redundant, irrelevant, abusive, disrespectful, or harassing.

Neither Party may ask questions of the other Party or any witness during the Hearing. Only a Party’s Advisor may do so. The Advisor’s questions must be asked directly, orally, and in real time. If a Party does not have an Advisor present at the Hearing, the University will appoint an Advisor who may, but is not required to, be an attorney to conduct cross-examination on behalf of that Party. A Party should notify the Hearing Facilitator should they need the University to appoint an Advisor within 2 Days of receiving the Hearing Notice.

Both Parties shall have the right to decline to answer questions during the Hearing; however, that does not preclude the Hearing Panel from proceeding and evaluating the Formal Complaint based on the Final Investigation Report and other relevant evidence submitted during the Hearing, subject to the following:

• • The Hearing Panel will decide how much weight to give to statements made or information provided by any Party or witness who did not submit to cross-examination at the Hearing. The Hearing Panel can consider the reliability of the statements or information, the reason the individual did not participate in cross-examination, and any other factors the Hearing Panel considers relevant.
  • The University may still proceed with a Hearing in the absence of a Party and may reach a determination of responsibility in their absence.
  • The Hearing Panel is not permitted to draw an inference about responsibility for a violation of the Policy based solely on a Respondent’s or witness’s absence from the Hearing or refusal to submit to cross-examination or answer questions.

G. Audio Recording

The Hearing will be audio recorded. The EOO may arrange for the preparation of any transcript of the recording they deem appropriate. The Complainant and Respondent will have the right to access a copy of the recording without cost or to obtain a copy of the recording at their expense. The Hearing Chair/Panel’s post-Hearing deliberations will not be recorded. Personal cell phones and recording devices may not be used in the Hearing room to record the Hearing unless approved by the Chair in advance.

The audio recording of the Hearing, together with the documents, information and other evidence presented at the Hearing, will serve as the record of the Hearing proceedings and will be maintained by the Title IX Coordinator as part of the Respondent’s disciplinary record.

H. Privacy

The Hearing is not open to the public. Accordingly, documents prepared in anticipation of the Hearing (including the Final Investigation Report, the Parties’ respective responses to the Final Investigation Report (if any), documents, testimony, or other information introduced at the Hearing, and any recording or transcripts of the Hearing) may not be disclosed outside of the Hearing procedures, except as may be required or authorized by law.

I. Additional Considerations for Boston University Academy Students

When a Title IX Sexual Misconduct matter involves a Boston University Academy (BUA) student under the age of 18, the University will modify its Title IX grievance process, including hearing procedures, as appropriate to ensure a process that is developmentally appropriate and consistent with applicable law. In such cases, the University may permit or require the involvement of a parent, guardian, or other appropriate adult to support the minor student, consistent with privacy considerations and the student’s best interests. The University will also take into account the age, maturity, and educational setting of the student in determining how to conduct interviews, hearings, and cross-examination.

These adaptations are intended to comply with the 2020 Title IX Regulations while ensuring equitable access to the process and minimizing potential harm to minor students. To the extent there is a conflict between the standard University hearing procedures and those necessary to appropriately address matters involving BUA students, the University reserves the discretion to implement reasonable modifications to ensure compliance with Title IX and alignment with best practices.

X. Disciplinary Sanctions

Disciplinary sanctions may be imposed after a finding that the Respondent engaged in Prohibited Behavior in violation of the Policy following the appropriate Administrative Resolution Process. This section applies to cases involving any form of Prohibited Behavior.

A. Responsibility to Determine Disciplinary Sanctions

The relevant Administrator(s) who is responsible for determining appropriate sanctions depends on the identity of the Respondent. For a Student Respondent, the relevant Administrator is the Dean of Students; for a faculty Respondent, the dean of the school or college in which the faculty member has their primary appointment; and for staff, the applicable vice president for the administrative unit in which the staff member works. For other community members, the Administrator will be determined based on the Respondent’s role or status within the University.

If the Investigator or Hearing Panel determines the Respondent is responsible for violating the Policy, the EOO will provide the Administrator(s) with the Final Investigation or Hearing Report, respectively, to determine the appropriate sanction. After reviewing the materials provided, the Administrator will determine the appropriate sanction and prepare a sanction report that will include the statement of, rationale for, and duration of the disciplinary sanction, any conditions to be observed during the sanction period, and the conditions for termination of the sanction (the “Sanction Report”).

For Formal Complaints involving Title IX Sexual Misconduct, the Sanction Report and Hearing Report are combined by EOO and referred to as the Final Report. The Final Report is then shared with both Parties. For Complaints involving other types of Prohibited Behavior, the Administrator will communicate the sanction directly to the Respondent. If the alleged Prohibited Behavior falls under the Violence Against Women Act (“VAWA”) then the EOO will also provide the Complainant with a summary of the sanction.

As part of the sanctioning process, EOO or the Hearing Chair/Panel may, in consultation with the relevant Administrator, determine that existing Supportive Measures should stay in place for a prescribed period of time or impose new remedies or administrative actions based upon the investigation and/or hearing of the case.

B. Factors Considered by an Administrator in Determining Disciplinary Sanctions

The sanctioning Administrator will determine the sanction based on the evidence collected during the investigation and detailed in the Final Investigation or Hearing Report. The factors considered when determining any sanction(s) may include, but are not limited to:

• • The nature, severity of, and circumstances surrounding the violation(s);
  • The Respondent’s disciplinary history;
  • Previous violations of the Policy by the Respondent that involve similar conduct;
  • The need for sanctions/responsive actions to bring an end to the Prohibited Behavior;
  • The need for sanctions/responsive actions to prevent the future recurrence of the Prohibited Behavior;
  • The impact on the parties and the BU Community; and/or
  • Any other information deemed relevant by the Administrator.

The sanction(s) will be implemented as soon as is feasible. The sanctions described below are not exclusive of, and may be in addition to, other actions taken or sanctions imposed.

C. Range of Disciplinary Sanctions

A range of sanctions for a BU Community Member who engaged in Prohibited Behavior in violation of the Policy includes, but is not limited to:

• • Verbal or Written Warning;
  • Enhanced Supervision, Observation, or Review;
  • Counseling;
  • Training or Education Programs;
  • Probation;
  • Denial of Pay Increase/Pay Grade;
  • Loss of Oversight or Supervisory Responsibility;
  • Demotion;
  • Transfer;
  • Reassignment;
  • Delay of Tenure Track Progress;
  • Assignment to New Supervisor;
  • Restriction of Stipends, Research, and/or Professional Development Resources;
  • Suspension;
  • Degree Withholding or Revocation (students); and/or
  • Termination (employees) or expulsion (students).

In addition to or in place of the above Sanctions, BU may prescribe other responsive actions as deemed appropriate, including the continuation or modification of existing, or addition of new, Supportive Measures.

D. Failure to Comply with Sanctions/Supportive Measures

All Respondents are expected to comply with the Sanctions imposed within the timeframe specified by the resolution process. Failure to abide by the Sanction(s)/Supportive Measures imposed by the date specified, whether by refusal, neglect, or any other reason, may result in additional Sanction(s), including termination (employees) or expulsion (students) from BU. Administrators are expected to enforce completion of Sanctions/Supportive Measures.

XI. Appeals of Findings and Disciplinary Sanctions in Final Investigation Report and Final Report

An appeal is a request to review the outcome of an investigation or hearing conducted under these Procedures. Either party (Complainant or Respondent) may appeal the findings and any sanctions. Appeals are not a new investigation or a new hearing. They look only at specific grounds that could change the outcome of the investigation or hearing. The Investigator or Hearing Panel’s determination as to whether a Respondent’s conduct violated the Policy will be presumed to have been reached reasonably and appropriately, by a Preponderance of the Evidence.

Any appeal must be in writing via the Appeal Request Form, and filed with EOO within seven (7) Days of the date of receipt of the Final Investigation Report. In rare cases, EOO may accept a late submission under extenuating circumstances.

A. Grounds for Appeal

An appeal of the findings or sanctions is available only on the following grounds:

• • Insufficient evidence to support the Investigator’s findings;
  • The discovery of new, relevant evidence that was unavailable to the appealing party during the investigation or hearing that would change the outcome of the case;
  • A procedural error or omission occurred that would change the outcome (e.g. substantiated bias or conflict of interest on the part of the Investigator or material deviation from established procedures); and/or,
  • The Sanction is clearly disproportionate to the range of sanctions appropriate for the Policy violation.

B. Appeals Decision-Maker

The appeals decision-maker differs based on the identity of the Respondent. EOO will consult with the University Provost, Vice President of Human Resources, or Dean of Students to identify the appropriate appeal decision-maker, who will have not been involved in the originating investigation or hearing. Once the appeals decision-maker is determined, the EOO will direct the appeal to them for review and disposition.

C. Sharing Appeal with the Parties

When any Party requests an appeal, EOO will share the Appeal Request Form and any supporting documents provided by the appealing party with the other Party or other appropriate persons. The non-appealing Party may file a written response to the appeal within seven (7) Days of receipt. EOO will forward the response to the appeal decision-maker.

D. Initial Review of Appeal

When EOO receives an Appeal Request Form, EOO will confirm the request was timely submitted and meets the grounds for appeal allowed under these Procedures (see above). The TIXC/ED is responsible for completing this review. If the request is late or does not include a valid basis for appeal, the appeal may be dismissed. If the request meets these requirements, the appeal will move forward for full review by a designated Appeal Decision-Maker.

E. Full Review of Appeal

The following principles guide how appeals are handled:

• • Decisions by the appeal decision-maker are to be deferential to the original decision, making changes only when there is clear error in the decision.
  • Appeals are not intended to be full re-hearings of the allegation(s). Appeals are limited in scope and are confined to a review of the Final Investigation Report (and all appendices) or Final Report (and all appendices), the transcript of the Hearing (if any), the appeal documents and other pertinent documentation regarding the grounds for appeal, and response to the appeal. The decision-maker may also consider any statements made during meetings with the Parties regarding the request or response to appeal.
  • If an appeal is granted because of new evidence, the case will usually be sent back to the Investigator for rec Other appeals may also be sent back to the Investigator at the appeal decision-maker’s discretion.
  • In rare cases where a procedural error cannot be fixed by the original Investigator, the appeal decision-maker may recommend a new investigation or resolution process. If a new investigation occurs, either Party may appeal the results of the new investigation once, using the same grounds for appeal.
  • If an appeal results in the Respondent being reinstated or regaining access to University programs or activities, the University will make every reasonable effort to restore their prior status. However, some opportunities lost during the process may not be recoverable.

The appeal decision-maker will typically review and conclude the appeal within thirty (30) Days of completing the pre-appeal exchange of materials. After reviewing the appeal, the appeal decision-maker will prepare a written decision that explains the outcome and the reasons for it. The appeal decision-maker will share their written decision with both Parties at the same time and a copy with the EOO for recordkeeping purposes. The written decision will include whether the original finding or sanction is upheld, changed, or sent back for further review, and will outline any next steps.

XII. Special Situations

BU retains the right to determine, in its sole discretion, if it will depart from these Procedures to address a report of Prohibited Behavior administratively. BU may do so, for example, when the safety of the community is at risk, the material facts are undisputed, there are extenuating circumstances involving either of the Parties, or the TIXC/ED, in consultation with appropriate administrators, determines, in their sole discretion, that it is in the best interest of BU and/or the community to do so. Without limiting the foregoing:

• If an investigation identifies possible violations of other BU policies, rules, or requirements, in addition to a potential violation of this Policy, the TIXC/ED will review the information and consult with appropriate University administrators. The Administrative Resolution Process may be used to address the additional violations, or the TIXC/ED may determine that they should be addressed separately.
• If, following the receipt of an alleged violation of the Policy, the Complainant declines to participate in the investigation or resolution process, the TIXC/ED may decide, in their sole discretion, to administratively close the investigation at any point in the investigation or resolution process.

XIII. Prevention and Education

Boston University expects all BU Community Members to take reasonable and prudent actions to prevent or stop an act of discrimination, harassment, retaliation, or other conduct prohibited by the Policy. Actions may include direct intervention, calling law enforcement, or seeking assistance from a person in authority. Members of the BU Community who intervene to prevent or stop discrimination, harassment, retaliation, or other conduct prohibited by the Policy will be supported by the University and protected from retaliation. Read more about SARP’s education, awareness, and training program.

The University has an online training program for Employees and Students to assist them with:

• Recognizing Prohibited Behaviors;
• Understanding their obligations under the Policy;
• Responding to reports of Prohibited Behaviors; and,
• Ensuring they are aware of available on- and off-campus resources.

In addition, the Executive Director of Equal Opportunity, Title IX Coordinator, Deputy Title IX Coordinators, Investigators, Administrators, decision-makers, and any person who facilitates the Administrative Resolution Process under these Procedures receive training annually and promptly on hiring or a change in position that alters their Title IX duties in at least the following general areas:

• The definition of Prohibited Conduct;
• The scope of the University’s Education Program and Activities;
• How to conduct an investigation and the University’s Administrative Resolution process including investigations and appeals, and its Alternative Resolution Process, as described in these Procedures;
• How to serve impartially, including by avoiding prejudgment of the facts at issue, conflicts of interest, and bias; and
• Issues of relevance to assist them in their preparation of Preliminary Investigation Reports, Final Investigation Reports, Hearing Reports, Sanction Reports, and Final Reports.

The University’s training materials do not rely on sex or other stereotypes and promote impartial investigations and adjudication of Complaints. The training materials are available on the University’s website here: https://www.bu.edu/eoo/training/title-ix-participant-training- resources/.

XIV. University Policies Applicable Prior to August 1, 2026

Complaints and Formal Complaints of Prohibited Behavior occurring prior to August 1, 2026, are addressed under the following policies and procedures. EOO may, in its discretion, apply these Procedures to Complaints arising under previous policies. Prior policies and procedures may be found on the EOO website, here: https://www.bu.edu/eoo/about-us/policies-procedures/former-policies/.

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[1] Information relating to procedures in effect prior to August 1, 2026, can be found here.

[2] Appendix A contains definitions of all capitalized terms included in the Procedures.

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