Interim removal of the respondent may occur when an individualized safety and risk analysis determines that the respondent poses an immediate threat to the physical health or safety of any individual, including the complainant or others in the community, and this threat arises specifically from the allegations of sexual harassment. This removal is an emergency measure taken to protect safety and well-being and is only imposed when supportive measures alone are insufficient to mitigate the threat. The respondent must be given notice of the removal, including the reasons, and an opportunity to challenge the removal decision promptly after it is imposed.
Conditions for Interim Removal
- There must be an individualized safety and risk assessment.
- The assessment must conclude an immediate threat to physical health or safety.
- The threat must be connected to the allegations of sexual harassment.
- Supportive measures are considered first, and removal is only used when those are inadequate.
- The respondent is notified and can challenge the removal decision within a defined time frame.
Purpose and Process
- The removal is temporary during the investigation and resolution process.
- It can include denial of access to campus, educational programs, or activities.
- An impartial decision-maker reviews challenges to ensure fairness.
- Disability laws and other protections are accounted for before removal.
This approach aims to balance safety with procedural fairness while the case is pending.
