INTERIM SEXUAL MISCONDUCT POLICY

X. INTERIM MEASURES AND ACCOMMODATIONS THAT CAN BE IMPLEMENTED PENDING OUTCOME OF SEXUAL MISCONDUCT COMPLAINTS

Overview

Upon receipt of a report of sex discrimination or harassment, sexual harassment, sexual violence, stalking, intimate partner violence, or sex- or gender-based harassment that does not involve conduct of a sexual nature, the Colleges will impose reasonable and appropriate interim measures designed to eliminate the reported hostile environment and protect the parties involved. The Colleges will maintain consistent contact with the parties to ensure that all safety and emotional and physical well-being concerns are being addressed. Interim measures may be imposed at any time regardless of whether formal disciplinary action is sought by the Complainant or the Colleges and may be imposed prior to the commencement or conclusion of an investigation. Interim measures will be kept confidential, to the extent that maintaining the confidentiality would not impair the ability of the college to provide the interim measures.

A Complainant or Respondent may request separation or other protection, or the Colleges may choose to impose interim measures at their discretion to ensure the safety of all parties, the broader Colleges’ community, and/or the integrity of the investigative and/or complaint resolution process.

Both the Complainant and Respondent have the equal opportunity to request the Title IX Coordinator conduct a prompt review, reasonable under the circumstances, of the need for and terms of any such interim measure and accommodation that directly affects him or her, and shall be allowed to submit evidence in support of his or her request. All individuals are encouraged to report concerns about failure of another individual to abide by any restrictions imposed by an interim measure. The Colleges will take immediate and responsive action to enforce a previously implemented measure.

Range of Measures

The Colleges, at their discretion, will implement interim measures with potential remedies that may be applied to the Complainant and/or the Respondent, including:

  • access to counseling services on- and off-campus and assistance in setting up an initial appointment, on- and off- campus;
  • imposition of an on-campus “no contact” directive or order prohibiting intentional contact with the other party, violation of which may result in additional conduct charges;
    • In the event both parties are in the same location/area, the Respondent must leave the area immediately and without directly contacting the Complainant. As applicable, possible contact related to academic courses are addressed separately in no-contact orders. Both parties are afforded equal opportunity to request a prompt review, of the need for and terms of a no-contact order, including potential modification, and shall be allowed to submit evidence in support of his or her request.
  • rescheduling of exams and assignments;
  • providing alternative course completion options;
  • changing class schedules, including the ability to transfer course sections or withdrawal from a course without penalty;
  • changing work schedules or job assignments;
  • changing a student’s Colleges’-owned housing;
  • assistance from Colleges’ support staff in completing housing relocation;
  • limiting an individual’s or organization’s access to certain Colleges’ facilities or activities pending resolution of the matter;
  • voluntary leave of absence;
  • providing an escort to ensure safe movement between classes and activities, or other appropriate transportation;
  • assistance from the Colleges in obtaining an order of protection. When the institution receives an order of protection, all affected students are entitled to a copy of the order of protection, an opportunity to meet or speak with an institution representative who can explain the order and answer questions about it, an explanation of the consequences of violating these orders (including arrest, additional conduct charges or interim suspension). Campus Safety will contact the Geneva Police Department when it learns of a violation of any such order.
  • providing medical services;
  • providing academic support services, such as tutoring;
  • Colleges’-imposed leave or separation; and/or
  • any other remedy that can be tailored to the involved individuals to achieve the goals of this Policy.

The applicable academic department chair will be included in discussions related to interim measures arising out of any course content complaints.

Colleges’ Imposed Interim Suspension or Leave

If the Vice President for Student Affairs, in consultation with the Director of Campus Safety, decides at any point that the well-being of a student or of any member of the Colleges’ community is at stake, an interim suspension may be imposed on a student who is suspected of violating this Policy, any rules, regulations or procedures of the Colleges or otherwise poses a risk of safety to the campus, until the time the complaint resolution process, disciplinary action, or a hearing can be completed. This action assumes no determination of guilt and the hearing will be held as soon as possible. Both the Complainant and the Respondent shall be permitted to request of the Vice President of Student Affairs a prompt review of the need for an interim suspension, including potential modification, and shall be allowed to submit evidence in support of his or her request.

Similarly, the Colleges may impose leave on any employee.

The terms of all such leaves shall be determined in the Colleges’ sole discretion subject to the provisions set forth in this section.

Preparing Students to Lead Lives of Consequence.