Prohibited Discrimination and Harassment Resolution Procedures

These Resolution Procedures (the “Procedures”) provide for the prompt and equitable resolution of Reports and Complaints made by students, employees, faculty members, contractors, vendors, visitors, and others who are participating or attempting to participate in the University of Massachusetts, Amherst (the “University”)’s education program or activity, alleging Prohibited Conduct as defined by the University’s Policy Against Discrimination, Harassment, and Related Interpersonal Violence’s (the “Policy”). Prohibited Conduct under the Policy specifically includes Unlawful Discrimination; Harassment; Sex-based Harassment including Sexual Assault, Sexual Exploitation, Intimate Partner Violence, and Stalking; Complicity; and Retaliation. These Procedures are comprised of two parts: the Informal Resolution Process and the Formal Resolution Process.

The Procedures are used by the Equal Opportunity and Access Office (“EOA”) to enable all University Complainants to resolve reports and complaints without fear of Retaliation. These Procedures are intended to ensure that EOA will administer appropriate informal resolution processes and investigate Complaints of Policy-defined Prohibited Conduct. Regardless of whether a Complaint has been filed or an informal resolution has been initiated under these Procedures, EOA may take steps to resolve reports of Prohibited Conduct, including providing supportive and remedial measures.

In administering these Procedures and the Policy, the University and EOA will treat Complainants and Respondents equitably and will require that any EOA administrator, Title IX, Title VI, ADA/504 Coordinator, investigator, or decisionmaker involved in a matter does not have a conflict of interest or bias for or against Complainants or Respondents generally or an individual Complainant or Respondent or anyone who reported Prohibited Conduct. Individuals with disabilities who need reasonable accommodations for such disabilities under this Policy and the Procedures are advised to contact the Associate Vice Chancellor for Equal Opportunity and Access (the “AVC/EOA”), who may work with Disability Services or Human Resources to provide any reasonable disability accommodations.

The AVC/EOA serves as the University’s designated Title IX. Title VI, and ADA/504 Coordinator who oversees the Policy and these Procedures and is responsible for periodic review and update of these Procedures. The AVC/EOA will, as provided herein, implement these Procedures in a manner that is consistent with federal and state laws and regulations and University policies, including the Code of Student Conduct (the “Code”), and applicable employee handbooks and collective bargaining agreements. The AVC/EOA is supported by trained administrators, including members of EOA. As used in these Procedures, the term “AVC/EOA” may also refer to an individual that the AVC/EOA designates to carry out specific duties.

I. Definitions


A. Advisor: Any person selected by an individual involved in these Procedures who supports and provides guidance during these Procedures and related proceedings.

B. Complainant: A student or employee of the University who is alleged to have been the subject of an incident of Prohibited Conduct under the Policy, or a person other than a student or employee of the University who is alleged to have been subjected to conduct that could constitute Prohibited Conduct under the Policy at a time when that individual was participating or attempting to participate in the University’s program or activity.

C. Complaint: An oral or written request that objectively can be reasonably understood as a request for the University to investigate and make a determination about alleged Prohibited Conduct under the Policy.

D. Decisionmaker: A person or body designated to determine, pursuant to the Formal Resolution Process, if a Respondent violated the Policy.

E. Disciplinary sanctions: Consequences imposed on a Respondent following a determination under these Procedures that the Respondent violated the Policy.

F. Governing Authority: Provost, Vice Chancellor, Executive, or another individual who has the authority to institute appropriate sanctions and other measures on behalf of the University consistent with the outcome of the Formal Resolution Process for a Complaint filed under these Procedures.

G. Informal Resolution: The resolution of reports and/or Complaints via an appropriate voluntary alternative dispute resolution method that may include, but is not limited to, mediation, restorative justice, facilitated agreements, or other forms of non-punitive resolutions.

H. Investigator: An individual designated to investigate a Complaint pursuant to the Formal Resolution Process. An Investigator may also serve as a Decisionmaker.

I. Party: A Complainant or Respondent.

J. Prohibited Conduct: The Policy defines the following as Prohibited Conduct: Unlawful Discrimination; Harassment; Sexual Harassment (including Sexual Assault, Sexual Exploitation, Intimate Partner Violence, and Stalking); Retaliation; Sex-Based Harassment, and Complicity.

K. Remedies: Measures provided, as appropriate, to a Complainant or any other person the University who identifies as having had their equal access to the University’s education program or activity limited or denied by Prohibited Conduct. These measures are provided to restore or preserve that person’s access to the University’s education program or activity after the University has determined that Prohibited Conduct occurred.

L. Report: Notification to the University of a potential incident(s) of Prohibited Conduct that requires Equal Opportunity and Access (EOA) to objectively review the report, determine appropriate follow up action(s) in line with the Policy, and to determine whether or not a Complaint has been filed. 

M. Reporter: An individual, other than a Complainant, who notifies EOA of an incident of Prohibited Conduct under the Policy.

N. Respondent: A person who has been alleged to have engaged in behavior that could constitute Prohibited Conduct.

O. Supportive measures: Individualized measures offered as appropriate, as reasonably available, without unreasonably burdening a party, not for punitive or disciplinary reasons, and without fee or charge to the party to: (1) restore or preserve that party’s access to the University’s education program or activity, including measures that are designed to protect the safety of the parties or the University’s educational environment; or (2) provide support during a Formal Resolution Process or an Informal Resolution Process under these Procedures.

P. Witness: Any person who is not a Complainant or a Respondent who is requested to participate in the Formal Resolution Process because they may have information relevant to the allegations brought forward through a Complaint or Report.

II. Reporting Prohibited Conduct



A. Reports of Prohibited Conduct to EOA

Reports can be made to EOA, in writing, verbally, or through electronic submission.

Equal Opportunity and Access Office
225 Bartlett Hall
130 Hicks Way
Amherst, MA 01003-9269
Phone: 413.545.3464
Fax: 413.545.0802
Email: @email
Online Form: www.umass.edu/equalopportunity/reporting
Web:  www.umass.edu/equalopportunity

When EOA receives a Report of Prohibited Conduct, it will promptly acknowledge receipt of the Report, review the submission, and will contact the Reporter and/or the individual named in the Report who may have been impacted by Prohibited Conduct  for purposes of scheduling a meeting to discuss the Policy and these Procedures, including the Informal and Formal Resolution Processes, supportive measures, accommodations, and other related information.

If a Reporter provides information about conduct that reasonably may constitute Prohibited Conduct, EOA will seek to meet with the Reporter or the person named in the report who may have been impacted by Prohibited Conduct, provide that person with an email summarizing their meeting, next steps, confirmation of supportive measures requested or agreed to, copies of the Policy and these Procedures, and other relevant information. Thereafter, the Reporting Party or person impacted by Prohibited Conduct may request an informal resolution or file a complaint per these Procedures.

Reports submitted to the Student Conduct and Community Standards Office (“SCCS”) or Human Resources or any other University office alleging conduct that implicates the Policy will be referred to EOA for follow up consistent with these Procedures.

B. Supportive Measures

EOA will promptly offer supportive measures to a Complainant or Reporter   after EOA has received a Report or Complaint of Prohibited Conduct. EOA will offer supportive measures to a Respondent when the Respondent is notified of the initiation of the Formal Resolution Process, an appeal of a Complaint dismissal, a request for Informal Resolution, or as soon as otherwise appropriate.

Supportive measures may include but are not limited to: counseling; extensions of deadlines and other course-related adjustments; campus escort services; increased security and monitoring of certain areas of the campus; restrictions on contact applied to one or more parties; leave(s) of absence; changes in class, work, housing, or extracurricular or any other activity; and training and education programs. Supportive measures may be provided regardless of whether a formal or informal resolution process is initiated and may or may not be modified or terminated at the conclusion of any process or informal resolution.

A party may seek to modify or terminate supportive measures at any time by contacting EOA. A party who wishes to challenge EOA’s decision to provide, deny, modify, or terminate supportive measures applicable to that party may do so by contacting the AVC/EOA , who will, in a timely manner, designate a trained, unbiased administrator to review whether the EOA’s decision on such supportive measure(s) should be modified or reversed.

     i. Emergency Removal and Administrative Leave

The University may impose emergency removal(s) of employee, faculty, or student Respondent(s) when, after an individualized safety and risk analysis, the University determines that the Respondent poses an imminent and serious threat to a person’s health or safety arising from the allegations of Prohibited Conduct. An emergency removal may occur at any time prior to the conclusion of a resolution process, and even if no Formal Resolution Process under these Procedures is pending.  The University must provide the Respondent with written notice of the emergency removal, their right to immediately request modification of the emergency removal, and the process for such a request. Any modification will be communicated in writing.

In non-emergency situations, including in matters where there is no imminent and serious threat to a person’s health or safety arising from the allegations of Prohibited Conduct but where the University is on notice of possible Prohibited Conduct and may be required to mitigate against additional Prohibited Conduct from occurring the University may elect to place an employee Respondent on administrative leave during the pendency of the Formal or Informal Resolution Process. While an employee Respondent is on administrative leave, the Respondent may petition the AVC/EOA or their designee for any modifications to the terms of the administrative leave. The decision to modify the terms of such leave is solely within the discretion of the AVC/EOA or their designee. 

When the Respondent’s actions pose an immediate risk or identified threat, but do not arise from the allegations of Prohibited Conduct, the University may impose removal(s), administrative leave, and/or restriction(s) in accordance with other University policies and regulations (e.g., the Code, The Principles of Employee Conduct, or other University policies), and/or per collective bargaining agreements, as applicable. 

The University may periodically assess and/or modify the emergency removal(s), administrative leave and/or restriction(s). The University must provide written notification of any modifications simultaneously to all parties.  Violations of an emergency removal, administrative leave, or other restrictions will be addressed by EOA, SCCS, Human Resources, or other University officials as appropriate.

III. Informal Resolution Process


Complainants or Respondents may request that EOA resolve any allegation(s) of Prohibited Conduct via informal resolution. A party may request the Informal Resolution Process at any time before or after the filing of a Complaint and prior to its final adjudication. When a party requests the Informal Resolution Process:

  • The AVC/EOA or their designee(s), in consultation with SCCS or the appropriate Governing Authority or their designee(s), will decide whether the Informal Resolution Process is appropriate to resolve the allegations; and

  • The party’s request will be shared with other parties involved, for those parties to decide whether they will voluntarily participate in the Informal Resolution Process;

In assessing whether Informal Resolution is appropriate, the AVC/EOA may consider the status of the parties and the nature of the allegations, including but not limited to any impact on community members other than the parties. The University will not offer the Informal Resolution Process to resolve a matter when such a process would conflict with federal or Massachusetts law or University policy.

A. Informal Resolution Procedures

Upon approval by the AVC/EOA or their designee, and with the voluntary agreement of both parties to participate, an informal resolution matter will be assigned to a trained and impartial informal resolution facilitator, who has not served as an Investigator or Decisionmaker in the Formal Resolution Process (if any) for the matter, for purposes of conducting the appropriate informal resolution. Before the initiation of the Informal Resolution Process, the AVC/EOA or their designee will explain in writing to the parties:

  • The allegations that are the subject of the Informal Resolution Process and any accompanying Complaint;

  • The requirements of the Informal Resolution Process;

  • That any party has the right to withdraw from the Informal Resolution Process and initiate or resume the Formal Resolution Process at any time before agreeing to a resolution; 

  • That if the parties agree to a resolution at the end of the Informal Resolution Process, they cannot initiate or resume the Formal Resolution Process for the same allegations;

  • The potential terms that may be requested or offered in an informal resolution agreement, including notice that an informal resolution agreement is binding only on the parties; and

  • That any information shared during the Informal Resolution Process will not be shared by the informal resolution facilitator with the Investigator or Decisionmaker in a Formal Resolution Process.

The Informal Resolution Process will not extend beyond thirty (30) working days without the written agreement of all parties, or if the informal resolution facilitator requests additional time to work with the parties to resolve the matter. If the Formal Resolution Process has been initiated, that proceeding will be paused while the parties are engaged in the Informal Resolution Process.

Once the Complainant(s), Respondent(s), and the informal resolution facilitator have agreed to an informal resolution of the matter, the parties will be required to submit a written agreement reflecting any terms that they have agreed upon. If the terms are approved by the AVC/EOA or their designee, after consulting with SCCS or the appropriate Governing Authority or their designee, the matter is officially concluded, and neither party may file a Complaint arising out of the allegations that were resolved informally.

B. Informal Resolution Records

Following the completion of the Informal Resolution Process, any agreement reached between the parties to memorialize the informal resolution will remain on file with EOA for a period of not less than seven (7) years and will be kept separate from other University records. Informal resolution agreements will not become a part of a student’s educational record. To the extent necessary, EOA will provide the appropriate Governing Authority with sufficient notice of resolution. Any material created by a party or informal resolution facilitator during the Informal Resolution Process will not be used in the Formal Resolution Process regarding the allegations that were subject to the informal resolution process.

IV. Formal Resolution Process


The University’s Formal Resolution Process is initiated by the filing of a Complaint, and involves evaluation of the Complaint, investigation of the allegations, and a determination of responsibility by a Decisionmaker. The burden is on the University – not on the parties – to gather sufficient evidence to determine whether Prohibited Conduct occurred. EOA, SCCS, and their designee(s) will objectively evaluate all available evidence that is relevant and not otherwise impermissible, including inculpatory evidence, that is information that suggests a person's involvement in Prohibited Conduct, and/or exculpatory evidence which is information that reduces a person’s responsibility for engaging in Prohibited Conduct.  Credibility determinations will not be based on a person’s status as a Complainant, Respondent, or witness. The University, including all personnel involved in the Formal Resolution Process, presumes that the Respondent is not responsible for alleged Prohibited Conduct until a determination is made at the conclusion of the process. The University also presumes that reports of alleged misconduct are made in good faith.

Parties to a Formal Resolution Process will be notified in writing of the date, time, location, participants, and purposes of all meetings, hearings, or other proceedings at which their participation is invited. Parties may be accompanied throughout the Formal Resolution Process to any interviews, meetings, or hearings, as applicable, by an advisor of their choice who may, but is not required to be, an attorney. An advisor may not speak for a party during any meeting, proceeding, or hearing, but may review evidence and consult with their advisee during the Formal Resolution Process.

Throughout the Formal Resolution Process, the University will take reasonable steps to protect the privacy of parties and witnesses. Parties and witnesses may not engage in retaliation, including against any other participant in the Formal Resolution Process.

All timeframes provided in the Formal Resolution Process may be delayed or extended for a reasonable amount of time for good cause. Parties may request a reasonable delay or extension from EOA, the Investigator, or the Decisionmaker. Whether there is good cause for an extension will be determined on a case-by-case basis. Good cause may include but is not limited to reasonable unavailability of the parties, advisors, witnesses, Investigators, or Decisionmakers; time necessary for the Investigator or Decisionmaker to assess voluminous evidence; and superseding academic and work obligations related to, for example, final exams and assignments. The parties will be notified in writing of any delays or extensions that are granted and the reason for the delay or extension.

A. Filing a Complaint

Complaints of Prohibited Conduct under the Policy will initiate the Formal Resolution Process. Complaints may be made to EOA verbally or in writing and must allege Prohibited Conduct. A Complaint should, to the extent possible or known, detail the allegations of Prohibited Conduct including the name of the potential Respondent and the date and place of the alleged Prohibited Conduct. A Complaint for Prohibited Conduct may be made by:

  • A Complainant, as defined in these Procedures;

  • A Complainant’s parent, guardian, or other authorized legal representative with the legal right to act on behalf of a Complainant; or

  • The AVC/EOA.

In addition, a Complaint of Unlawful Discrimination other than Harassment or Sex-based Harassment may be made by:

  • Any student or employee of the University; or

  • Any person other than a student or employee who was participating or attempting to participate in the University’s education program or activity at the time of the alleged discrimination.

EOA may consolidate Complaints made against more than one Respondent, or by more than one Complainant against one or more Respondents, or by one party against another party, when the allegations of Prohibited Conduct arise out of the same facts or circumstances. In the event of a cross-complaint, each party is entitled to the rights attached to their respective tatus.

     i. University-initiated Complaints

In the absence of a Complaint regarding allegations of Prohibited Conduct or upon the withdrawal of any or all of the allegations in a Complaint, and in the absence or termination of an Informal Resolution Process, the AVC/EOA may initiate a Complaint under the Formal Resolution Process. The AVC/EOA may only initiate a Complaint if they determine that the Prohibited Conduct alleged presents an imminent and serious threat to the health or safety of a person, or that the Prohibited Conduct alleged prevents the University from ensuring equal access to its education program or activity. In determining whether to initiate a Complaint, the AVC/EOA must consider the following factors:

  1. The Complainant’s request not to proceed with the initiation of a Complaint;

  2. The Complainant’s reasonable safety concerns regarding initiation of a Complaint;

  3. The risk that additional acts of Prohibited Conduct would occur if a Complaint is not initiated under the Formal Resolution Process;

  4. The severity of the alleged Prohibited Conduct, including whether the conduct, if established, would require removal of a Respondent from campus or imposition of another disciplinary sanction to end the conduct and prevent its recurrence;

  5. The age and relationship of the parties, including whether the Respondent is an employee of the University;

  6. The scope of the alleged Prohibited Conduct, including information suggesting a pattern, ongoing conduct, or conduct alleged to have impacted multiple individuals;

  7. The availability of evidence to assist a Decisionmaker in determining whether Prohibited Conduct occurred; and/or

  8. Whether the University could end the Prohibited Conduct and prevent its recurrence without initiating a Complaint under the Formal Resolution Process.

If the AVC/EOA initiates a Complaint, they or their designee will notify the Complainant prior to doing so and will appropriately address reasonable safety concerns. If the AVC/EOA does not initiate a Complaint, they may take other appropriate prompt and effective steps to address and/or remedy Prohibited Conduct and ensure that it does not continue or recur within the University’s education program or activity.

B. Dismissal/Initial evaluation of complaints

The AVC/EOA or their designee may dismiss a Complaint if:

  • EOA is unable to identify the Respondent after taking reasonable steps to do so;

  • The Respondent is not participating in the University’s education program or activity and is not employed by the University;

  • The Complainant voluntarily withdraws, in writing, any or all of the allegations, the AVC/EOA declines to initiate a complaint, and EOA determines that the conduct that remains alleged in the Complaint would not constitute Prohibited Conduct, even if proven;

  • There are circumstances that prevent EOA from gathering sufficient evidence that would allow a Decisionmaker to reach a determination of whether Prohibited Conduct occurred; or

  • EOA determines that the Complaint, even if proven, would not constitute Prohibited Conduct.

Prior to determining whether a Complaint should be dismissed, EOA or their designee may make reasonable efforts to clarify the information in the Complaint, including by requesting additional information from the Complainant. EOA will endeavor to complete this initial evaluation within fifteen (15) working days, subject to reasonable extensions for good cause.  A dismissal of a Complaint under these Procedures does not preclude actions under other University policies and regulations including, but not limited to, the Code and the Principles of Employee Conduct. 

When a Complaint is dismissed, EOA will offer supportive measures to the parties as appropriate and take other prompt and effective steps to ensure that Prohibited Conduct does not continue or recur within the University’s education program or activity.

     i. Appeal of complaint dismissal

Upon dismissal, EOA or its designee will notify the Complainant in writing of the basis for dismissal, and the bases and process for appeal. EOA or its designee will also notify Respondent in writing of the Complaint, the basis for the dismissal, and the bases and process for appeal. The dismissal of a Complaint may be appealed on the following bases:

  1. Procedural irregularity that would change the outcome of the matter; 

  1. New relevant evidence that would change the outcome and that was not reasonably available at the time the determination regarding responsibility or dismissal was made; or 

  1. The Title IX Coordinator, Investigator(s), or Decisionmaker had a conflict of interest or bias for or against Complainants or Respondents generally or the individual Complainant or Respondent that would change the outcome of the matter. 

Appeals must be submitted in writing to the AVC/EOA within five (5) business days of receiving the dismissal. Appeals will be decided within ten (10) business days, subject to reasonable extensions for good cause. If applicable, emergency removal, administrative leave and/or restrictions, and supportive measures will remain in place while an appeal is pending unless otherwise determined. 

C. Notice

After the initial evaluation has been completed, and if a Complaint is not dismissed, EOA will notify the Respondent of the Complaint, the Policy, and this Procedure through a Notice of Complaint and Investigation (NOCI). The NOCI will include:

  • A summary of the allegations;

  • The identities of the parties involved;

  • The conduct alleged to constitute Prohibited Conduct;

  • The date(s) and location(s) of the alleged incident(s);

  • Information regarding the prohibition on retaliation and knowingly making false statements or providing false information

  • The presumption that the Respondent is not responsible for a Policy violation;

  • The parties’ right to an advisor; and

  • The parties’ right to present and access information during the Formal Resolution Process  

The NOCI may include additional information regarding the parties’ rights and obligations during the investigation under these Procedures, as appropriate.

D. Investigation

EOA will assign a trained Investigator to conduct a thorough, reliable and impartial investigation of the Complaint. The assigned Investigator will determine the order and scheduling of party and witness interviews. All parties are encouraged to provide all relevant information as promptly as possible. The Investigator reserves the right to identify a reasonable deadline for information submission.

The Investigator shall gather evidence related to the allegations in the Complaint that is relevant, but not impermissible. Evidence is relevant if it is related to allegations of Prohibited Conduct that are the subject of a Complaint made under these Procedures. Questions are relevant when they seek evidence that may aid in showing whether alleged Prohibited Conduct occurred, and evidence is relevant when it may aid a Decisionmaker in determining whether alleged Prohibited Conduct occurred. The following types of evidence are impermissible, and will not be considered in the Formal Resolution Process or disclosed to the parties, even if it is otherwise relevant:

  • Evidence that is protected under a privilege recognized by federal or state law, or evidence provided to a Confidential Employee, unless the person to whom the privilege or confidentiality is owed has voluntarily waived the privilege or confidentiality;

  • A party’s or witness’s records that are made or maintained by a physician, psychologist, or other recognized professional or paraprofessional in connection with the provision of treatment to the party or witness, unless EOA or the Investigator or Decisionmaker obtains that party’s or witness’s voluntary, written consent for use in the Formal Resolution Process; and

  • In cases involving sex-based or sexual conduct: evidence that relates to the Complainant’s sexual interests or prior sexual conduct, unless evidence about the Complainant’s prior sexual conduct is offered to prove that someone other than the Respondent committed the alleged conduct or is evidence about specific incidents of the Complainant’s prior sexual conduct with the Respondent that is offered to prove consent to the alleged sex-based or sexual conduct. The fact of prior consensual sexual conduct between the Complainant and Respondent does not by itself demonstrate or imply the Complainant’s consent to alleged sex-based or sexual conduct or preclude determination that sex-based or sexual conduct occurred.

The Investigator will gather evidence by interviewing the parties and relevant witnesses, as appropriate; requesting and reviewing data, documents, and other forms of relevant information; and by giving the parties an equal opportunity to suggest witnesses and otherwise provide relevant but not impermissible evidence. General information about a party’s character is typically not considered relevant.

For Complaints that allege Sex-based Harassment, including Sexual Assault, Sexual Exploitation, Interpersonal Violence, and Stalking, the Investigator will share all relevant and not impermissible information with the parties, and will give each the opportunity to propose follow-up questions that the party wants asked of any party or witness. The Investigator will then offer the parties and witnesses the opportunity to meet and respond to relevant but not impermissible follow-up questions. These follow-up meetings will be recorded. The record of the meeting will be shared with each party, and the parties will be given the opportunity to suggest additional relevant but not impermissible follow-up questions as appropriate.

The Investigator will endeavor to complete an investigation within ninety (90) working days, from the issuance of the NOCI through the conclusion of follow-up interviews, subject to reasonable extensions for good cause.

E. Determination

For Complaints involving student Respondents, SCCS is the Decisionmaker as to whether the Policy was violated. For Complaints involving employee Respondents, EOA is the Decisionmaker as to whether the Policy was violated. EOA will determine, according to the Code and applicable University policy, whether an individual Respondent is considered an employee or a student.

     i. Complaints involving a student Respondent

After gathering information, the Investigator will prepare a case file of relevant but not impermissible information gathered, and will provide it to SCCS, who will determine appropriate next steps according to the Code. The parties will be notified when the case file has been shared with SCCS.

     ii. Complaints involving employee, faculty, and/or other non-student Respondents

For Complaints involving employee respondents, faculty respondents, and/or other non-student Respondents, the Investigator will provide the parties with access to an initial investigative report, which will include relevant but not impermissible information gathered. The parties will have five (5) working days to respond to the initial investigation report. The Investigator will consider the parties’ responses and will issue a final investigative report which will contain credibility assessments, findings of fact, and a determination as to whether the Policy was violated. The Investigator’s findings and determinations in the final investigative report will be based on a preponderance of the evidence standard.  

The Investigator will submit the final investigative report to the AVC/EOA or their designee for their review. EOA will provide access to the final investigative report to the parties and will notify them of the bases and process for appeal, described below.

F. Appeals

     i. Student Respondents

Procedures for appeals of the outcome of an investigation involving student Respondents are described in the Code and will be implemented by SCCS.

     ii. Employee, faculty, and third-party Respondents

The AVC/EOA, or their designee will determine appeals from the final investigative report for a Complaint involving Respondents who are employees, faculty members, and/or other non-student parties.

Appeal is permitted only on the following bases: 

  1. Procedural irregularity that would change the outcome of the matter; 

  1. New relevant evidence that would change the outcome and that was not reasonably available at the time the determination regarding responsibility or dismissal was made; or 

  1. The Title IX Coordinator or Investigator(s) had a conflict of interest or bias for or against Complainants or Respondents generally or the individual Complainant or Respondent that would change the outcome of the matter. 

Appeals must be submitted in writing to the AVC/EOA within five (5) business days of receiving the final investigative report. Appeals will be decided within ten (10) business days, subject to reasonable extensions for good cause. If applicable, emergency removal, administrative leave and/or restrictions, and supportive measures will remain in place while an appeal is pending unless otherwise determined. 

G. Sanctions and remedial measures

     i. Complaints involving a student Respondent

For Complaints involving a student Respondent, SCCS will determine any appropriate sanctions. SCCS and AVC/EOA will consult and determine remedial measures, and/or measures to prevent the recurrence of Prohibited Conduct. Sanction(s) for students may include but are not limited to: restriction(s) from specified University education programs or activities, attending required trainings; and/or University Probation, Suspension Deferred, Suspension, or Expulsion from the University. 

     ii. Complaints involving employee, faculty, or non-student Respondents

For matters involving employees, faculty members, and/or other non-student Respondents, the AVC/EOA or their designee will determine and coordinate appropriate remedial measures and measures to prevent the recurrence of Prohibited Conduct. The AVC/EOA will transmit the final investigative report to the appropriate Governing Authority who shall take appropriate action against the Respondent, including sanctions if appropriate. Sanction(s) for employees and faculty members may include but are not limited to: restriction from specified University education programs or activities, attending required trainings; and/or the application of progressive discipline up to and including termination of employment. The parties will be informed of the Governing Authority’s action within seven (7) business days after the sanction has been determined, subject to reasonable extensions for good cause. Disciplinary actions for any employee may be subject to applicable handbook provisions or collective bargaining agreements.

V. Scope of Resolution of Complaints


Acceptable resolutions of complaints for Prohibited Conduct under the Policy must be made in accordance with federal, state, and University of Massachusetts Amherst Affirmative Action policies, and federal and state statutes and regulations.

VI. State and Federal Remedies


In addition to these Procedures, parties may bring complaints of discrimination and harassment with one or more of the government agencies set forth below.

Massachusetts Commission Against Discrimination (MCAD)

Under Chapter 151B, Massachusetts General Laws Annotated, it is unlawful to discriminate against a person(s) on the basis of race, color, religion, creed, national origin or ancestry, handicapping condition, veteran status, or sexual orientation. The MCAD, a state agency, monitors discrimination in the areas of housing, employment, loans, and educational opportunities. Any person claiming to be aggrieved by an alleged unlawful practice may file a complaint with this agency. The offices to contact in this regard are:

Springfield Office:
Massachusetts Commission Against Discrimination 436 Dwight Street, Room 220
Springfield, MA 01103
(413) 739-2145

Boston Office:
Massachusetts Commission Against Discrimination One Ashburton Place, Suite 601 Boston, MA 02108
(617) 994-6000
TTY (617) 994-6196

Office of Federal Contract Compliance Programs (OFCCP)/ Department of Labor

On October 5, 1978, President Carter signed Executive Order 12086. This order is the most recent amendment to Executive Order 11246. It gives OFCCP the compliance responsibility for equal opportunity programs previously assigned to eleven other federal agencies. This agency monitors discrimination in employment and in educational institutions (including hiring, upgrading, salaries, fringe benefits, training, and other conditions of employment) on the basis of race, color, religion, national origin, or sex. The local office to contact in this regard is:

Office of Federal Contract Compliance Programs
U.S. Department of Labor
John F. Kennedy Federal Building Room E-235
Boston, MA 02203
(617) 624-6780

Equal Employment Opportunity Commission (EEOC)

The EEOC monitors discrimination in employment under Title VII which prohibits discrimination in employment (including hiring, upgrading, salaries, fringe benefits, training, and other conditions of employment) on the basis of race, color, religion, national origin or sex. The EEOC places great emphasis on employment practices which classify jobs as "male" or "female" or which maintain separate line of progression based on sex where this would adversely affect any employee. The local office to contact in this regard is:

U.S. Equal Employment Opportunity Commission John F. Kennedy Federal Building
15 New Sudbury Street, Room 475
Boston, MA 02203
(800) 669-4000
TTY (800) 669-6820

Office for Civil Rights (OCR)/U.S. Department of Education

The OCR monitors: 1) Title IX, which specifies prohibitions against discrimination on the basis of sex in educational programs; 2) the Rehabilitation Act of 1973, which prohibits discrimination based on disability  in areas related to employment, program accessibility, and student programs. 3) Title II, which protects individuals with disabilities from discrimination on the basis of disability in services, programs, and activities, 4)  the Age Discrimination Act of 1975 prohibits discrimination based on age in programs or activities that receive federal financial, and 5) Title VI of the Civil Rights Act of 1964 prohibits discrimination based on race, color, or national origin in programs or activities receiving federal financial assistance. Anyone who has a complaint relating to sex discrimination,  discrimination based on disability, , age, race, color, or national origin  may contact:

U.S. Department of Education Office for Civil Rights
5 Post Office Square, 8th Floor Boston, MA 02109-3921
Telephone: (617) 289-0111
TTY: (800) 877-8339

VII. Procedures Related to Complaints Filed Outside the University System


Notification of external complaints are usually sent by the outside agencies directly to the Chancellor's Office or to the attention of EOA. A copy of the complaint is then sent to the appropriate vice chancellor or executive officer and the University Legal Counsel for their information.

Responses to compliance agencies' queries are submitted to EOA by the appropriate parties closest to the alleged problem. The Chancellor, in consultation with EOA, University Legal Counsel, and the appropriate administrators, will determine the University's position vis-a-vis the complaint. EOA will typically investigate and coordinate, with the assistance of the University Legal Counsel, the responses to the outside agency and advise the University administrators who present the University's position to the agency.

Any determination or resolution of these complaints is made by the appropriate vice chancellor or executive officer in whose area the complaint has been filed, usually after consultation with EOA and the University Legal Counsel.

All legal matters are handled by the University Legal Counsel in consultation with the vice chancellor or executive officer in whose area the complaint has been placed, and the AVC/EOA.

Effective date: August 1, 2024

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