VII. Emergency Removal

In certain circumstances, a Respondent’s Home Institution may remove a Respondent from an education program or activity before the completion of the Title IX Grievance Process. Such removal will only occur on an emergency basis. The Complainant’s Home Institution Title IX Coordinator or designee shall be consulted and given the opportunity to participate in every step of the emergency removal process, including participating in all communications, meetings, 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 Home 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 Home Institution determines there is an emergency situation. This determination occurs only after the Respondent’s Home 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 Sexual Harassment.[1]
• Determination that the following three components are present:
  • An “immediate threat” justifying emergency removal. This analysis should focus on the Respondent’s propensity, opportunity, and/or ability to effectuate a stated 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 Sexual Harassment.” The emergency situation must specifically arise from the allegations of Sexual Harassment.
• Consideration of the appropriateness of Supportive Measures 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 opportunity to challenge the emergency removal.
  • The Respondent’s Home 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 Sexual Harassment, the Institution may still address the behavior under other policies and processes, such as the Institution’s student codes of conduct, civil rights policies, discrimination and harassment policies, and/or any other applicable policy adopted by an individual Institution.