Supportive Measures, Interim Action, and Emergency Removal

Supportive Measures

Title IX requires the College to take reasonable steps to ensure equal access to its educational programs and activities. These steps may include offering supportive measures before the final outcome of an investigation, irrespective of whether the complainant ever chooses to file a Formal Complaint. Such measures are designed to restore or preserve equal access to the College's education program or activity without unreasonably burdening the other party. These may include measures designed to protect the safety of all parties or the College's educational environment or deter all forms of sexual harassment. The College shall take these steps promptly once it has notice of an allegation of prohibited conduct or Title IX Sexual Harassment, including sexual violence, domestic or dating violence, and stalking. Examples of interim supportive measures include, but are not limited to, the following:

• Counseling;

• Extensions of deadlines or other course-related adjustments (for example: changing class schedule, withdrawal without penalty, providing student services such as tutoring, alternate class completion options);

• Excused Absences;

• Modifications of work schedules, work locations, or job assignments;

• Campus escort services;

• Mutual restrictions on contact between the parties;

• Leaves of absence;

• Increased security and monitoring of certain areas of the campus; and

• Other similar measures.

The specific supportive measures implemented and the process for implementing those measures will vary depending on the facts of each case. The College will consider a number of factors in determining what supportive measures to take, including: the specific needs expressed by each party; the severity or pervasiveness of the allegations; any continuing effects on each party; whether the parties share the same classes, student organizations, dining hall schedule, or job location; and whether other judicial measures have been taken to protect a party (e.g., civil protection orders).

In general, when taking supportive measures, the College shall minimize the burden on each party. The College will keep any supportive measures provided to either party confidential, to the extent that maintaining such confidentiality will not impair the ability of the College to provide the supportive measures.

See NSCC's Emergency Resource Guide to find further resources.

Protections for Complainant Regarding Sexual Violence

A person subjected to Title IX Sexual Harassment shall:

• Be provided with a copy of the College’s Sexual Violence – Complainant’s Rights and Information Advisory, which shall include information concerning counseling, health, and mental health services, victim advocacy and support, law enforcement assistance, and other services available on and off campus;

• Have the right to pursue, or not pursue, assistance from campus administration officials or campus law enforcement;

• Not be discouraged by College officials from reporting an incident to both on-campus and off-campus authorities;

• Be provided assistance in contacting local law enforcement if requested and have the full and prompt assistance and cooperation of campus personnel should a civil and/or criminal complaint be pursued;

• Be free from any suggestion that they somehow contributed to or had a shared responsibility in the violent act;

• Receive the same level of support at any proceeding before College officials as is permitted to the accused party, including the presence of an advisor during any disciplinary proceeding and the right to be notified in a timely manner of the outcome of such proceedings and any appeal right available;

• Receive full and prompt cooperation from College personnel in obtaining and securing evidence (including medical evidence) necessary for any potential criminal proceedings;

• Have access to existing College counseling and medical professionals, victim support services, and to obtain referrals to off-campus counseling and support services if desired;

• Be permitted to attend classes, work and participate in College activities free from unwanted contact or proximity to the respondent insofar as the College is permitted and able;

• Be permitted to request changes to an academic schedule if such changes are requested by the alleged victim and are reasonably available; and

• Be informed of any no-contact or no-trespass orders issued to the respondent by the College and the College’s commitment to honor any court-issued restraining or protective orders, to the extent permitted by law.  

   

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Interim Action and Emergency Removal

The College reserves the right to suspend a student on an interim basis or place an employee on paid administrative leave prior to completing an investigation under this Policy when it reasonably concludes that a student or employee: 

• poses a threat to health or safety; 

• poses a threat to College property or equipment; 

• is disruptive or interferes with the normal operations of the College; or 

• is charged with a serious violation of state or federal law. 

In such cases, the College shall provide the employee or student of the specific reason(s) for the interim action. During a student’s interim suspension or an employee’s leave, the College reserves the right to prohibit the individual from entering upon the College’s property or participating in any College activities absent written authorization from an appropriate official of the College.

In the case of a Title IX Sexual Harassment claim, the College must base its decision to institute interim action (i.e., emergency removal) on the following factors: 

1. It undertakes an individualized safety and risk analysis, 

2. determines that an immediate threat to the physical health or safety of any student or other individual arising from the allegations of Title IX Sexual Harassment justifies removal, and 

3. provides the respondent with notice and an opportunity to challenge the decision immediately following the removal.

A respondent subject to emergency removal from the Title IX Coordinator may appeal the decision per the Appeal procedure in Step 4 of the Title IX Sexual Harassment Complaint Process. The College shall make reasonable efforts to minimize disruption in the professional or educational experience of all affected parties. The College, Complainant, and Respondent will take reasonable efforts to preserve all relevant materials to a complaint, including communications (e.g. email and voice) and documents.

Amnesty

Students may be hesitant to report sexual violence out of concern that they, or witnesses, might be charged with violations of the College’s drug/alcohol policies and/or Student Code of Conduct. While the College does not condone such behavior, it places a priority on addressing allegations of sexual violence. Accordingly, the College may elect not to pursue discipline against a student who, in good faith, reports, witnesses or possesses personal knowledge of an incident of sexual violence.