Individuals who believe they have been or are subjected to Discrimination, Discriminatory Harassment, Sexual Misconduct, Retaliation are encouraged to file a concern with the Office of Equal Opportunity and Outreach, or if concerns involve students as Respondents, they may also file with the Office of Student Rights and Responsibilities.

Individuals who believe they are subjected to Sexual Harassment as that term is defined in these Guidelines and in Title IX, may file a written complaint directly with the University’s Title IX Coordinator, by either contacting the Office of Equal Opportunity and Outreach or Student Rights and Responsibilities.

Initial Review and Intake

Upon receipt of a report, a staff member of the Office of Equal Opportunity & Outreach, and/or Student Rights and Responsibilities shall attempt to meet with the reporting party to discuss the concerns and seek any clarification that is needed.

The Office of Equal Opportunity and Outreach and/or Student Rights and Responsibilities will arrange for an intake meeting with the Complainant, as defined in these Guidelines, who may or may not be the reporting party. The purpose of an intake meeting is to:

  1. review the report,
  2. gather additional information and clarification,
  3. assess the information provided,
  4. provide resources and support services to the Complainant,
  5. review rights and resolution options, and
  6. answer any questions that a complainant might have.

The administrator conducting the intake shall consult with the Title IX Coordinator and/or Equal Opportunity Officer, or designee, as applicable, to determine if the complaint warrants further investigation under the Equal Opportunity Complaint Procedure or Sex Discrimination Grievance Procedure, or refer the matter (if appropriate) to Student Rights and Responsibilities, or Human Resources and the appropriate manager for review.

Criteria for Investigation

The criteria for determining if the report/complaint meets the threshold for Investigation under the guidelines shall be as follows:

  1. The conduct as reported, if true, would potentially constitute a violation of the UMass Lowell Nondiscrimination Guidelines and/or University of Massachusetts Non-Discrimination and Harassment Policy;
  2. The conduct as reported, if true, would potentially violate federal laws, state laws, local ordinances, and/or University policies or Guidelines concerning discrimination, discriminatory harassment, retaliation, and/or Title IX related Policies/Guidelines;
  3. There is sufficient information for one to reasonably believe that there may be additional information that could lead to 1 or 2 in the preceding section;
  4. The University has received an external complaint from a governmental agency concerning a violation of these Guidelines; and/or,
  5. The Office of Equal Opportunity & Outreach has been directed by the President’s Office, Chancellor, or designee to conduct an investigation into a matter.

If a report/complaint does not meet the threshold for investigation, the report/complaint and all relevant documentation may still be referred to Student Rights and Responsibilities and/or Human Resources for their review as it relates to other policies and procedures. While a report/concern may not meet the threshold for investigation, an informal resolution may still be offered to resolve the report/complaint.

Investigation Procedure Selection or Referral

Following initial review of the complaint, the Office of Equal Opportunity and Outreach, under the direction of the Director of Equal Opportunity or designee, shall determine the appropriate procedures for investigation, or if appropriate, shall offer an informal resolution to the Parties. Parties may also request an informal resolution option at any time. 

Complaints of discrimination, discriminatory harassment, or retaliation that are not covered under Title IX, which involve non-student respondents, shall be addressed through the Equal Opportunity Complaint Procedures or the Informal Resolution Process.

Complaints of discrimination, discriminatory harassment, or retaliation that are not covered under Title IX and involve student respondents shall be addressed through the Student Conduct Code or the Informal Resolution Process. At the request of the Office of Student Rights and Responsibilities, matters involving student respondents may be referred to the Office of Equal Opportunity and Outreach for investigation under the Equal Opportunity Complaint Procedure.

Complaints of Sex Discrimination, and/or Sexual Harassment, covered under Title IX, shall be addressed through the Sex Discrimination Grievance Procedure.

When a complaint is filed under Title IX, but it is dismissed because it does not meet the definitions or does not meet jurisdiction requirements under Title IX, it may be referred to the Equal Opportunity Complaint Procedure or the Student Conduct Code. A dismissal in Title IX matters does not immunize a Respondent from disciplinary action by means of other University processes.

If a report/complaint does not meet the threshold for investigation either under the Equal Opportunity Complaint Procedure or the Sex Discrimination Grievance Procedure, the report/complaint and all relevant documentation may still be referred to Student Rights and Responsibilities and/or Human Resources for their review as it relates to other policies and procedures. While a report/concern may not meet the threshold for investigation, an informal resolution may still be offered to resolve the report/complaint. The Complainant may also be referred to the appropriate administrator to resolve their concerns. The Complainant retains the discretion to follow through on such referrals.

University’s Obligations

The University has obligations under Federal and State laws as it relates to non-discrimination, non-harassment, and non-retaliation laws.

Under Massachusetts General Laws (“M.G.L.”), the University has an affirmative obligation to redress complaints of discrimination, discriminatory harassment, and retaliation. As such, while a Complainant may not wish to pursue an investigation, the University may still have affirmative obligations to investigate and resolve the matter. Therefore, the University may initiate a complaint, but in such cases does not serve as the complainant.

Generally, the Title IX Coordinator will not move forward with an investigation under Title IX when the Complainant has requested confidentiality, unless specific criteria are met. Refer to the Sex Discrimination Grievance Procedure.

Supportive Measures

The university may choose to provide supportive measures at any point after learning of any Equal Opportunity or Sexual Misconduct concern. The provision by the university of supportive measures is separate from the University’s review of the concerns and does not mean that the University has determined that any violation of the Guidelines has occurred. Supportive measures are not disciplinary actions or sanctions. The University may provide supportive measures even if a written complaint is not filed, and even if a concern did not occur on campus or related to the University’s programs or activities.

Such supportive measures may include changes to work locations, living and dining arrangements or locations, course schedules, assignments or tests, and extracurricular activities; temporary leave; transportation; reassignment to another supervisor or position; “no contact” directives issued by the University; assistance from the University’s Police Department to obtain a court issued protective order and/or to receive assistance notifying law enforcement of an alleged incident of sexual misconduct; or other measures. If you obtained a court issued protective order, please notify and send a copy of the order to the UMass Lowell Police Department.

Generally, supportive measures are meant to be short-term and may continue throughout the grievance process up to and including appeal. Once in place, they will be reviewed to determine whether they should continue. If so, the Director of Equal Opportunity and Outreach will work with appropriate University resources to provide continued assistance to the parties.

Supportive measures will be kept confidential to the extent possible. However, some employees may need to learn about the supportive measures in order to coordinate or provide them.

Some supportive measures require the cooperation of the other party, for example, “no contact” orders. When supportive measures are imposed that restrict or deny access, the individual receiving the measures will be given in writing a description of the restriction. If a person does not follow the directives of the Director of Equal Opportunity and Outreach and/or supportive measures, this may result in disciplinary action.

Emergency Removals of Respondents

Emergency Removals are the removal of a respondent from campus and typically include prohibiting the individual from returning to campus. Emergency removals are only conducted in accordance with the Sex Discrimination Grievance Procedure, Equal Opportunity Complaint Procedure, Student Conduct Code, and/or as specified within other specific policies, guidelines, or procedures. Individuals with concerns regarding emergency removal are encouraged to contact the Office of Equal Opportunity and Outreach and Outreach (Employees) and/or the Dean of Student Affairs (students).

Administrative Leaves of Employees

Human Resources may place an employee on paid administrative leave during the pendency of an investigation or review. Paid administrative leave is a temporary, non-punitive, and supportive measure intended to preserve the integrity of the process, support the individuals involved, and maintain a safe and effective work environment. Placement on paid administrative leave does not constitute disciplinary action, a finding of wrongdoing, or a determination that a policy violation has occurred.

Paid administrative leave may be implemented whether or not a formal complaint has been filed and may remain in effect for as long as Human Resources determines is reasonably necessary. The measure will be reviewed periodically to determine whether it should continue, be modified, or end. The employee will continue to receive their regular pay and benefits in accordance with applicable University policies and procedures.

Information regarding paid administrative leave will be maintained confidentially to the extent possible. However, information may be shared with individuals who have a legitimate need to know in order to administer the leave, conduct or support the investigation, or address related workplace needs. During paid administrative leave, the employee may be directed to refrain from performing work, accessing University premises or systems, contacting certain individuals, or participating in specified University activities, as appropriate. Failure to comply with such directives may result in disciplinary action.