Supportive Measures: Sexual and Related Misconduct Policy

The University will consider supportive measures that are appropriate to the nature and severity of the reported misconduct. Supportive measures may be imposed if requested or if the University deems them necessary to ensure safety, prevent retaliation, or avoid an ongoing hostile environment. In addition, both parties may request and obtain reasonable and available supportive measures that allow them to live, work, and learn in a safe and respectful environment. Supportive measures may address academic, extracurricular, housing, dining, employment, transportation, or other needs. Supportive measures are non-disciplinary and nonpunitive. A Formal Complaint does not have to be submitted for supportive measures to be provided.

Supportive measures include, but are not be limited to:

  • Counseling;
  • Extensions of deadlines or other course-related adjustments;
  • Modifications to work or class schedules;
  • Changes in work or housing locations;
  • Campus transportation services;
  • No-Contact Restrictions (see the “No-Contact Restrictions” paragraph below);
  • Leaves of absence; and
  • Increased security and monitoring of certain areas of the campus.

Both the complainant and respondent shall, upon request and consistent with the Policy and Procedures, be afforded a prompt review, reasonable under the circumstances, of the need for and/or terms of any supportive measure directly affecting them, and shall be allowed to submit evidence in support of their request. The Title IX Coordinator, Vice President for Student Affairs, Deans of Students, or their designee will determine within a reasonable time frame whether there will be any modification.

The factors considered by the University when determining whether to issue supportive measures include:

  1. The specific needs expressed by the party;
  2. The age of the parties involved;
  3. The severity or pervasiveness of the allegations;
  4. Whether the complainant and respondent share the same residence hall, class, or job location; and
  5. Whether other court ordered judicial measures have been taken to protect the complainant (see, e.g,. the “Orders of Protection Issued by Criminal Courts and Civil Courts (Including Family Court)” paragraph below).

In the event the respondent is determined to present a continuing threat to the health and safety of the community, the respondent may be subject to emergency removal pending the outcome of the investigation and adjudication process (see Section VII(E), “Emergency Removal”).

If the respondent is an employee, the University may place the respondent on administrative leave until the formal hearing has been completed and a final determination has been issued, in accordance with all policies, collective bargaining agreements and/or the University Statutes, as applicable.

No-Contact Restrictions. A No-Contact Restriction is a directive limiting or prohibiting direct or indirect contact between designated individuals. The limitation or prohibition on contact may include in-person contact; contact through email, telephone, text message, social media, or third party; or through any other means. After a report of sexual or related misconduct is received by the Title IX Coordinator, Vice President for Student Affairs, Deans of Students, the Department of Public Safety, or Human Resources, a written or oral No-Contact Restriction may be put in place restricting the respondent from engaging in contact with the complainant. The complainant may also be directed not to have contact with the respondent.

  • An individual who wishes to report a violation of a No-Contact Restriction can contact the issuing office during business hours, the Department of Public Safety, or their Administrative Support Person if applicable. If the complainant and respondent observe each other in a public place, the parties are required to adhere to the provisions in the No-Contact Restriction. Individuals who violate a No-Contact Restriction are subject to a separate disciplinary charge of “Intimidation and Retaliation for Reporting” and may be subject to adjudication and discipline (see Section V(C), “Intimidation and Retaliation for Reporting”).
  • Both the complainant and respondent will, upon request and consistent with the Policy and Procedures, be afforded a prompt review, reasonable under the circumstances, of the need for and terms of any such supportive measure, including potential modification, and will be allowed to submit evidence in support of their request. The Title IX Coordinator, Vice President for Student Affairs, Deans of Students, or their designee will determine within a reasonable time frame whether there will be any modification.

Orders of Protection Issued by Criminal Courts and Civil Courts (Including Family Court). In addition to University No-Contact Restrictions, which are exclusively issued to community members, victims of stalking, dating violence, domestic violence, or any other crime under federal, state, or local law can seek orders of protection against any individual through both the criminal and civil courts.

The Department of Public Safety or another designated University staff member is available to assist in obtaining a court-issued order of protection (or, if outside New York State, an equivalent protective force or restraining order) and explain the consequences of an individual violating such an order (e.g., arrest, additional conduct charges, and emergency removal). The parties are entitled to receive a copy of the order of protection or its equivalent when one has been shared with the University. Respondents may speak with a Department of Public Safety representative, or other appropriate individual, who can explain the order and answer questions about it, including information regarding the accused’s responsibility to stay away from the protected person or persons. An individual may receive assistance from the Department of Public Safety in effecting an arrest when an individual violates such an order.