Supportive Measures Policy
Upon notice of alleged discrimination, harassment, and/or retaliation, the College will offer and implement appropriate and reasonable supportive measures to the Parties. Supportive measures are non-disciplinary, non-punitive individualized services offered as appropriate and reasonably available. They are offered, without fee or charge to the Parties, to restore or preserve access to the College’s education program or activity, including measures designed to protect the safety of all Parties and/or the College’s educational environment and/or to deter discrimination, harassment, and/or retaliation.
The College will act to ensure as minimal an academic/occupational impact on the Parties as possible and will implement measures in a way that does not unreasonably burden any party.
1. CONFIDENTIALITY
The College will maintain the confidentiality of the supportive measures, to the extent that doing so does not impair the College’s ability to provide those supportive measures.
2. SAMPLE SUPPORTIVE MEASURES
Supportive Measures may include, but are not limited to:
- Referral to The Harbor (students, faculty and staff)
- Referral to Campus Counseling or Health Services (students only)
- Referral to the Employee Assistance Program (employees only)
- Referral to community-based service providers
- Visa and immigration assistance
- Student financial aid counseling
- Education to the institutional community or community subgroup(s)
- Altering campus housing assignment(s)
- Altering work arrangements for employees or student-employees
- Safety planning
- Providing campus safety escorts
- Providing transportation assistance
- Implementing contact limitations (no contact orders) between the Parties
- Academic support, extensions of deadlines, or other course/program-related accommodations
- Trespass, Persona Non Grata (PNG), or Be-On-the-Lookout (BOLO) orders
- Timely warnings
- Class schedule modifications, withdrawals, or leaves of absence
- Increased security and monitoring of certain areas of the campus
- Any other actions deemed appropriate by the Title IX Coordinator or Chief Human Resource Officer
No Contact Orders: A No Contact Order (“NCO”) is intended to prevent a situation from escalating by preventing direct or indirect contact between the parties that could be deemed intimidating or threatening. However, it is important to note that the small size of the College community and campus can present challenges to the administration and enforcement of NCOs. When an NCO is deemed appropriate, the College will use best efforts to design one that is effective and not unreasonably burdensome to any party.
Violations of NCOs or other restrictions may be either referred to appropriate student or employee conduct processes for enforcement, or added as collateral misconduct allegations to an ongoing Complaint under this Policy.
3. MODIFICATION OR REVERSAL
The Parties may seek modification or reversal of the College’s decision to provide, deny, modify, or terminate supportive measures applicable to them. A request must be made in writing and submitted to the Title IX Coordinator, for matters involving sex or gender, or to the Chief Human Resource Officer for all other matters.
An impartial employee who as uninvolved in the initial implementation of the supportive measures, who has authority to modify or reverse the decision, will determine whether to provide, deny, modify, or terminate the supportive measures. Supportive measures may be challenged on the grounds that they are inconsistent with the definition of “supportive measure,” as set forth in §106.2.1 Such grounds include, but are not limited to:
- whether a supportive measure is reasonably burdensome;
- whether a supportive measure is reasonably available;
- whether the supportive measure is being imposed for punitive or disciplinary reasons;
- whether the supportive measure is being imposed without fee or charge, and
- whether the supportive measure is effective in meeting the purposes for which it is intended, including to restore or preserve access to the education program or activity, provide safety, or provide support during the grievance procedures
The College typically renders decisions on supportive measures within seven (7) business days of receiving a request and provides a written determination to the impacted Party or Parties.
4. MATERIAL CHANGE OF CIRCUMSTANCES
Parties may seek additional modification or termination of supportive measures applicable to them if circumstances change materially. Modification requests should be initially discussed with the Title IX Coordinator or Chief Human Resource Officer, as applicable.
1 See https://www2.ed.gov/about/offices/list/ocr/docs/t9-final-rule-summary.pdf