5.5 Supportive and Interim Measures for Individuals and/or the Campus Community
Pending resolution of an HCAP matter, "Interim Measures" may be taken by the Affirmative Action Officer, Dean of Students (students only), Director of Residence Life (students only), Title IX Coordinator (in matters involving Sex Discrimination only), or Xavier University Police when there is a significant conduct or health and safety concern that requires immediate intervention to preserve and support the general welfare and academic experience of one or more Xavier individuals and/or the Xavier community. Requests for Interim Measures should be directed to these individuals. Violations of any Interim Measures may constitute separate HCAP violations that may lead to additional disciplinary action. Supportive and Interim measures imposed may be temporary pending the results of an investigation and/or employee conduct process or may become permanent as determined by Xavier University.
The following is a non-exclusive list of examples of Supportive and Interim Measures that may be implemented, when determined to be necessary and appropriate.
5.5.1. No Contact Notice
- A No Contact Notice can be issued to prevent a person from contacting another person. Note that confidentiality of the requesting party's identity cannot be maintained when a No Contact Notice is requested to keep the individual alleged to have violated the HCAP from having contact with the person making the request for no contact.
5.5.2. Externally Issued Protective Orders
- Xavier University encourages any person who obtains an order of protection from any U.S. state to provide a copy to the Xavier University Police Department and the Title IX Office. That person may then meet with Xavier University Police Department and/or the Title IX Office to develop a Safety Action Plan intended to reduce risk of harm to the individual while on campus or nearby campus. This plan may include, but is not limited to escorts; providing a temporary cellphone; changing classroom location, supervisor or work location; or allowing a student to complete assignments from home.
- Upon receiving notice and a copy of an externally issued protective order from a court of competent jurisdiction, Xavier University Police Department will assist in the enforcement of the order, including responding to reported violations of the protective order. While alerting the Xavier University Police Department o the existence of a Civil Protection Order (CPO) and/or seeking assistance from Xavier Police regarding a potential violation of a CPO, these actions will not necessarily trigger Xavier Police having to initiate an investigation (particularly if the individual expresses her or his preference that Xavier Police not do so), but individuals should know that contacting Xavier Police regarding a CPO may put them on notice that Sex Discrimination may have occurred and Xavier Police will then be required to report that information to the Title IX Office. For more information on the Title IX Office's response to reports of Sex Discrimination, see Section 4.5 and Section 4.7 of this HCAP.
- The University cannot apply for a legal order of protection for the victim from the applicable jurisdiction(s). The victim is required to apply directly for these services. For access to all required forms related to orders of protection, visit the Hamilton County Clerk of the Courts page at https://www.courtclerk.org/cp_civil_forms.asp.
- Types of Protection Orders in Ohio
- There are different kinds of Protection Orders available to victims of domestic violence, sexual assault and stalking. Depending on who the perpetrator is, what happened, and other factors, there are differences in where, when and how you seek these orders, what they do, and how long they last. Xavier's Annual Security Report provides basic information on each, and then detailed information follows. Ohio has jurisdiction over these cases as long as some of the acts occurred in Ohio, regardless of where the perpetrator lives. In Protection Order cases, the person who files the motion for the Protection Order is the "Petitioner" and the accused perpetrator is the "Respondent."
- For more information on the types of Protective Orders, please see Xavier's Annual Security Report at http://www.xavier.edu/clery/documents/2014-15ASR.pdf.
- Arrangements may be made so that an individual has an escort (a friend, a police officer, or another individual) at particular times (e.g., to/from a particular class, activity, office, to/from his or her vehicle, etc.).
5.5.4. Added Police Presence
- Xavier University Police Department presence may be increased in a particular area or over the entire campus.
5.5.5. Making Adjustments to On-Campus Living and Working Arrangements
- Adjustments may be made to a Complainant's on-campus living arrangements, if space allows, and to their work arrangements where possible. For example, a student may be required to move to a different dormitory if they are in the same dormitory as a student who has been personally adversely affected by an alleged violation of the HCAP. A student may also be required to move off-campus in certain circumstances.
5.5.6. Making Adjustments to Class Schedules, Employment, or Xavier Activities
- Adjustments can be made to a student's class schedule and/or their participation in a Xavier activity (e.g., a student club, a club or NCAA athletic team, a Xavier-sponsored trip, etc.) may be limited or restricted, pending the resolution of an HCAP matter. For example, a student may be required to withdraw from or make other arrangements for participating in a particular class that is shared with a student or other individual who has been personally adversely affected by an alleged violation. Note that the burden of any change will usually be placed on the student alleged to have violated the HCAP. If the resolution of the underlying matter does not result in a separation from Xavier (i.e., suspension or expulsion), measures will be taken to assist the student in mitigating any negative academic impact resulting from the temporary adjustments to his or her class schedule or Xavier activities. Similarly, adjustments can be made to an employee's work schedule and arrangement pending the resolution of an HCAP matter.
5.5.7. Separation from Xavier
- An individual may be separated from Xavier, including removal from all housing, classes, employee duties and activities, pending the resolution of an HCAP matter.
5.5.8. Other Interim Measures
- Other Interim Measures may be implemented if deemed appropriate by the Affirmative Action Officer (with respect to faculty, staff and administrators), the Dean of Students (with respect to students), and the Title IX Office (in Sex Discrimination reports only) based on the facts and circumstances of a particular situation.
5.5.9. Emergency Administrative Action
- Should an individual pose an immediate danger to, or severely disrupt the Xavier community or endanger any individual, one or more Interim Measures may be taken as an Emergency Administrative Action. The decision whether or not to take Emergency Administrative Action will be at the sole discretion of the Affirmative Action Officer (with respect to staff, faculty and administrators) or the Dean of Students (with respect to students). In matters of Sex Discrimination, the Affirmative Action Officer and Dean of Students will consult the Title IX Office.