7. 紧急移除
在某些情况下, a Respondent’s 首页 Institution may remove a Respondent from an education program or activity before the completion of the 第九条申诉程序. Such removal will only occur on an emergency basis. The Complainant’s 首页 Institution 第九条协调员 or designee shall be consulted and given the 机会 to participate in every step of the emergency removal process, including participating in all communications, 会议, and correspondence regarding the individualized safety and risk assessment. An emergency removal is not equivalent to a determination of responsibility, nor is it a sanction for alleged behavior. The Respondent’s 首页 Institution can pursue an emergency removal of a student and/or employee Respondent before or after the filing of a Formal Complaint.
Emergency removals will occur only after the Respondent’s 首页 Institution determines there is an emergency situation. This determination occurs only after the Respondent’s 首页 Institution has completed the following steps:
- Completion of an individualized safety and risk analysis.
- This analysis will focus on the specific Respondent and the specific circumstances arising from the allegations of 性骚扰.[1]
- Determination that the following three components are present:
- An “immediate threat” justifying emergency removal. This analysis should focus on the Respondent’s propensity, 机会, and/or ability to effectuate a 状态d or potential threat. This determination will be fact-specific.
- The threat is “to the physical health or safety of any student or other individual.” This may be the Complainant, the Respondent, or any other individual.
- And the threat “arises from the allegations of 性骚扰.” The emergency situation must specifically arise from the allegations of 性骚扰.
- Consideration of the appropriateness of 支持措施 in lieu of an emergency removal.
- Emergency removals should only occur when there are genuine and demonstrated emergency situations.
- Providing the Respondent with notice and an immediate 机会 to challenge the emergency removal.
- The Respondent’s 首页 Institution will provide the Respondent with a sufficiently detailed notice, notifying the Respondent of the identified emergency threat of physical safety or harm. The Respondent is not entitled to a full evidentiary hearing (as set forth in Section IX.D.) to challenge an emergency removal.
[1] If a Respondent’s behavior does not arise from the allegations of 性骚扰, the Institution may still address the behavior under other policies and processes, such as the Institution’s student codes of conduct, 民权政策, discrimination and harassment policies, and/or any other applicable policy adopted by an individual Institution.
第九条流程页面
- I. 第九条申诉程序 Introduction
- II. 第九条协调员 & The TCC Title IX Process Administrator
- 3. 有关条款
- IV. 性骚扰 & 报复
- V. Behavior That Does Not Constitute “性骚扰” Under This Policy
- VI. 支持措施
- 7. 紧急移除
- 8. Administrative Leave (Employees Only)
- IX. 第九条申诉程序
- X. 记录
- XI. 明确行为报告
- 十二世. 定期检查
- 十三世. 根据《太阳2平台》撤销
- 十四. Non-Discrimination in Application
- XV. 生效日期
- 附录A和B
- 附录C及D
- 附录E