B. Remedies and Interim Measure for Unlawful Discrimination and Unlawful Harassment that Does Not Constitute Sexual Harassment under Title IX
It may be necessary or advisable to take actions (as determined by the institution) designed to minimize the chance that either party will either continue to harass or retaliate against the other party and to provide support to the parties, as appropriate. The measures themselves must not amount to retaliation and shall not be deemed to be a sanction. Depending on the specific nature of the problem, interim measures and final remedies may include, but are not limited to:
- For Students:
- Issuing no contact directives;
- Providing an effective escort to ensure safe movement between classes and activities;
- Not sharing classes or extracurricular activities;
- Moving to a different residence hall;
- Providing written information regarding institution and community services including but not limited to medical, counseling and academic support services, such as tutoring;
- Providing extra time to complete or re-take a class or withdraw from a class without an academic or financial penalty;
- Restricting to online classes;
- Providing information regarding campus transportation options;
- Reviewing any disciplinary actions taken against the complainant or the respondent to see if there is a connection between the sexual misconduct and the misconduct that may have resulted in the complainant or the respondent being disciplined1; and
- Requiring the parties to report any violations of these restrictions.
- For example, if one party was disciplined for skipping a class in which the other party was enrolled, the institution should review the incident to determine if class was skipped to avoid contact with the other party.
- For Employees:
- Provide an effective escort to ensure safe movement between work area and/or parking lots/other campus locations;
- Issuing no contact directives;
- Placement on paid leave (not sick or annual leave);
- Placement on administrative leave;
- Transfer to a different area/department or shift in order to eliminate or reduce further business/social contact;
- Providing information regarding campus transportation options;
- Instructions to stop the conduct;
- Providing information regarding institution and community services including medical, counseling and Employee Assistance Program;
- Reassignment of duties;
- Changing the supervisory authority; and
- Directing the parties to report any violations of these restrictions.
All institution administrators, academic and administrative faculty, and staff are responsible for carrying out the interim measures and final remedies.
Interim measures and final remedies may include restraining orders, or similar lawful orders issued by the institution, criminal, civil or tribal courts. Interim measures and final remedies will be confidential to the extent that such confidentiality will not impair the effectiveness of such measures or remedies.
Final remedies may also include review and revision of institution sexual misconduct policies, increased monitoring, supervision or security at locations where incidents have been reported; and increased and/or targeted education and prevention efforts.
Any interim measures or final remedies shall be monitored by the Title IX Coordinator throughout the entire process to assess whether the interim measures or final remedies meet the goals of preventing ongoing unlawful discrimination or harassment, protecting the safety of the parties, restoring access to the institution’s education programs and activities, and preventing retaliatory conduct.
Notwithstanding a complainant’s request for confidentiality under Subsection 6 of Subsection C, the institution may undertake interim measures.