47 NSU STUDENT HANDBOOK 2022-23 11. Supportive measures: Non-disciplinary, non-punitive individualized services offered to the complainant or the respondent. 12. Working day: Monday through Friday, except for holidays and other times when the institution’s administrative offices are closed. 13. Written notice: Notice provided either via email to the student and/or employee at their official institutional email account. Notice is deemed received the day after it is sent via email. C. POLICY 1. Scope These procedures apply to allegations of sexual harassment occurring in connection with an institution’s education program or activity. Allegations of harassment not constituting sexual harassment shall be handled pursuant to BOR Policy 1:18 and/or 3:4, as appropriate. 2. Institutional Response An institution with actual knowledge of sexual harassment in connection with an education program or activity must respond promptly in a manner that is not clearly unreasonable in light of the known circumstances. An institution must treat complainants and respondents equitably by offering supportive measures, with or without the filing of a formal complaint, and when a formal complaint is filed, by following the grievance process outlined below prior to the imposition of any disciplinary sanctions or other actions that are not supportive measures. 2.1. SupportiveMeasures Supportive measures shall be offered at no cost, and should be designed to restore or preserve equal access to the institution’s education program or activity without unreasonably burdening the other party, which may include measures designed to protect the safety of all parties or the institution’s educational environment, or deter sexual harassment. 2.1.1. Supportive measures may include counseling, extensions of deadlines or other courserelated adjustments, modifications of work or class schedules, campus escort services, mutual restrictions on contact between the parties, changes in work or housing locations, leaves of absence, increased security and monitoring of certain areas of the campus, and other similar measures. The Title IX Coordinator is responsible for coordinating the effective implementation of supportive measures. 2.1.2. The Title IX Coordinator must promptly contact the complainant to discuss the availability of supportive measures, consider the complainant’s wishes with respect to supportive measures, inform the complainant of the availability of supportive measures with or without the filing of a formal complaint, and explain to the complainant the process for filing a formal complaint. 2.1.3. Institutions must maintain as confidential any supportive measures provided to the complainant or respondent, to the extent that maintaining such confidentiality would not impair the ability of the institution to provide the supportive measure. 2.1.4. Nothing contained in this policy shall be construed to preclude an institution from removing a respondent from the institution’s education program or activity on an emergency basis, provided that the institution undertakes an individualized safety and risk analysis, determines that an immediate threat to the physical health or safety of any student or other individual arising from the allegations of sexual harassment justifies removal, and provides the respondent with notice and an opportunity to challenge the decision immediately following the removal.
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