For all forms of reported Prohibited Conduct, the College retains the authority to remove a student Respondent from the Institute’s program or activity on an emergency basis, where the Institute (1) undertakes an individualized safety and risk analysis, (2) determines that an immediate and serious threat to the health or safety of a Complainant or any student, employee, or other individual in the campus community arising from the allegations of sex discrimination justifies a removal, and (3) the Institute provides the Respondent with notice of and an opportunity to challenge the decision immediately following the removal.
When an emergency removal or interim suspension is imposed, the affected student and the Complainant will be notified of the action, which will include a written rationale. Both the accused or Respondent and the Complainant shall, upon request, be afforded a prompt review, reasonable under the circumstances of the need for and terms of the interim suspension, including potential modification, and shall be allowed to submit evidence in support of the request. Parties desiring to challenge the emergency removal or interim suspension must submit a written request to the Title IX Coordinator within two business days of the notification, providing the basis for that request and any evidence in support. The Institute will designate an impartial individual, not otherwise involved in the case, to consider the challenge to the removal and determine if the emergency removal was reasonable.
The emergency removal process applies only to student Respondents. Employee Respondents are not subject to this section and may be placed on administrative leave pursuant to the College’s employment policies and practices. Note on student employees: when a Respondent is both a student and an employee of the Institute, the Institute will make a fact-specific inquiry to determine whether this procedure applies to that student employee. Among other things, the Institute will consider if the Respondent’s primary relationship with the Institute is to receive an education and whether the alleged sex-based harassment or other policy violation occurred while the individual was performing employment-related work.
