Employee Title IX Policy - Supportive Measures
V. Supportive Measures
Supportive Measures are non-disciplinary, non-punitive individualized services designed to restore or preserve equal access to the University’s Education Programs or Activities without unreasonably burdening the other party, including measures designed to protect the safety of all parties or the educational environment, or deter prohibited conduct.
Supportive Measures are offered as appropriate, as reasonably available, and without fee or charge to the Complainant or the Respondent. Supportive Measures are available to the Complainant regardless of whether the Complainant makes a Formal Complaint. The options for Supportive Measures will be discussed upon receipt of a disclosure and will be outlined in writing. Supportive Measures are also available to a Respondent. Examples of Supportive Measures that may be implemented include, but are not limited to:
issuing mutual no-contact directives to each of the parties;
assisting in requesting a criminal restraining order;
rearranging work schedules or spaces if available;
assisting with local law enforcement; and,
adjustments to job responsibilities.
The availability of Supportive Measures will be determined by the specific circumstances of each disclosure. The University will consider a number of factors in determining which measures to take, including:
the needs of the Employee seeking Supportive Measures;
the severity or pervasiveness of the disclosed conduct;
any continuing or disproportionate effects on the Complainant;
whether the Complainant and the Respondent share the same job location(s); and,
whether judicial measures have been taken to protect the Complainant (e.g., protective orders).
The University will work in good faith to implement the requirements of judicially issued protective orders and similar orders, to the extent that doing so is within its authority.
Any Supportive Measures will not disproportionately impact the other party. Requests for Supportive Measures may be made to the Title IX Coordinator. The Title IX Coordinator is responsible for ensuring the implementation of Supportive Measures and coordinating the University's response with the appropriate offices on campus. The Title IX Coordinator has the discretion to provide and/or modify any Supportive Measure based on all available information and is available to meet with a Complainant or Respondent to address any concerns about the provision of Supportive Measures. The University will maintain the confidentiality of any Supportive Measures provided under this policy to the extent practicable and will promptly address any violation of Supportive Measures.
Emergency Removal and other Restrictive Forms of Supportive Measures:
In contrast, other forms of Supportive Measures may involve more restrictive actions. Such Supportive Measures, listed below, are typically only available when the University has an articulable factual foundation that would support the taking of a restrictive measure against a Respondent prior to the conclusion of the investigation or in lieu of an investigation. More restrictive Supportive Measures may include:
Unilateral no-contact directives
Unilateral No Contact Directive: At times it becomes necessary to restrict an Employee’s privileges and/or prohibit contact with specified individuals, or specific locations, by issuing a “no contact” directive. This directive is issued when it is believed necessary to protect a person’s safety and preserve a peaceful environment for all students and Employees to work, study and live on campus. Violation of a “no contact” directive issued in relation to a violation of this Policy is considered violation of this Policy and may result in University action that could include paid or unpaid interim administrative leave from the University.
Emergency removal: The University may remove a Respondent from the University’s Education Program or Activity on an emergency basis, provided that the University undertakes an individualized safety and risk analysis, and determines that an immediate threat to the physical health or safety of any student, Employee, or other individual arising from the disclosed misconduct justifies such measures.
During any emergency removal, the Respondent may be denied access to the campus and/or placed on paid or unpaid administrative leave. Specific details of the emergency removal will be outlined in written communication to the Employee.
Challenging a Restrictive Supportive Measure: Upon receipt of notice of a restrictive Supportive Measure, a Respondent may challenge the decision in writing to the Vice President for Finance and Administration or their designee. Upon review of the challenge, the Vice President or their designee may continue the Supportive Measure for a designated period, may determine conditions for the termination of the Supportive Measure, or take any other action in the best interest of the University. If the Supportive Measure is upheld after the Respondent’s challenge, it shall be reviewed periodically by the Vice President or their designee to determine whether there is a continuing threat to health or safety that warrants the Supportive Measure’s continuation.
All individuals are encouraged to disclose to the Title IX Administrators any concerns about the failure of another to abide by any restrictions imposed through Supportive Measures. In the event of an immediate health or safety concern, individuals should contact 911 immediately. The University will take immediate action to enforce a previously implemented Supportive Measure, and disciplinary penalties can be imposed for failing to abide by a University-imposed Supportive Measure.
The Title IX Coordinator will create and maintain records of any Supportive Measures offered and provided; the Title IX Coordinator must also maintain records regarding any decision not to provide Supportive Measures.