Emergency Removal: Sexual and Related Misconduct Policy

Unless prohibited by applicable law, the University will remove the respondent from an education program or activity on an emergency basis if, following a safety and risk analysis of reported misconduct, the University determines that: (1) the respondent is an immediate threat to the physical health or safety of any student or other community member; or (2) there is serious or immediate harm to the respondent or others. The respondent will be provided with notice and an opportunity to challenge the decision immediately following the removal. Students who wish to appeal an emergency removal must submit an appeal to the Vice President for Student Affairs or their designee. For allegations under Title IX of the Education Amendments of 1972, employees who wish to appeal an emergency removal must submit an appeal to the Vice President for Human Resources or their designee. Appeals of an emergency removal must be submitted to the relevant administrator within 5 (five) business days.

The Title IX regulations apply to specific forms of sexual harassment and under specific circumstances. However, if a formal complaint contains allegations that, if proven, would constitute Title IX sexual harassment along with allegations that, if proven, would not constitute Title IX sexual harassment, but are otherwise prohibited by this Policy, the University can move forward under the Title IX resolution and adjudication process to address all allegations in the formal complaint.

The University retains the authority to place an employee-respondent on administrative leave in accordance with all policies, collective bargaining agreements and/or the University Statutes, as applicable.