3. Response to Sexual Harassment

An institution with actual knowledge of sexual harassment allegations in an education program or activity of the institution, as all defined in Subsection 2, against a person in the United States must respond promptly in a manner that is not deliberately indifferent. An institution is “deliberately indifferent” only if its response to sexual harassment allegations is clearly unreasonable in light of the known circumstances.

An institution’s response must treat complainants and respondents equitably by offering supportive measures as defined in Subsection f of Subsection 2 to all parties, and by following a complaint process that complies with Subsection 5 before the imposition of any disciplinary sanctions or other actions that are not supportive measures as defined in Subsection f of Subsection 2 against a respondent.

The institution’s Title IX Coordinator must promptly contact the complainant to discuss the availability of supportive measures as defined in Subsection f of Subsection 2, consider the complainant’s wishes with respect to supportive measures, inform the complainant of the availability of supportive measures with or without the filing of a formal complaint, and explain to the complainant the process for filing a formal complaint. An institution’s treatment of a complainant or a respondent in response to a formal complaint of sexual harassment may constitute discrimination on the basis of sex under Title IX.

Depending on the specific nature of the problem, supportive measures and remedies may include, but are not limited to:

For Students:

• Issuing a no-contact directive(s);
• 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 disciplined3; and
• Requiring the parties to report any violations of these restrictions.

For Employees:

• Providing an effective escort to ensure safe movement between work area and/or parking lots/other campus locations;
• Issuing a no-contact directive(s);
• 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 supportive measures and remedies.

Supportive measures and remedies may include restraining orders, or similar lawful orders issued by the institution, criminal, civil or tribal courts. Supportive measures and remedies will be confidential to the extent that such confidentiality will not impair the effectiveness of such measures or remedies.

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 supportive measures or remedies shall be monitored by the Title IX Coordinator throughout the entire process to assess whether the supportive measures or remedies meet the goals of preventing ongoing harassment or discrimination, protecting the safety of the parties, restoring access to the institution’s education programs and activities, and preventing retaliatory conduct.

In responding to allegations of sexual harassment, an institution shall not restrict rights protected under the U.S. Constitution, including the First Amendment, Fifth Amendment, and Fourteenth Amendment.