51 NSU STUDENT HANDBOOK 2023-24 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. 2.2. General Requirements In response to a formal complaint, an institution’s grievance process must comply with the requirements of this section, to include the equal application of the same to both parties. Nothing contained herein should be read to restrict any right that would otherwise be protected by the First Amendment of the U.S. Constitution, deprive a person of due process protected by the Fifth and Fourteenth Amendments of the U.S. Constitution, or otherwise restrict any other rights guaranteed against government action by the U.S. Constitution. 2.2.1. Institutions must treat complainants and respondents equitable by providing remedies to a complainant where a determination of responsibility of sexual harassment has been made against the respondent in accordance with the process set forth herein. 2.2.2. Remedies implemented by an institution must be designed to restore or preserve equal access to the education program or activity. Such remedies may include supportive measures; however, remedies need not be non-disciplinary or non- punitive and need not avoid burdening the respondent. 2.2.3. Institutions must require an objective evaluation of all relevant evidence, including both inculpatory and exculpatory evidence, and provide that credibility determinations may not be based on a person’s status as a complainant, respondent, or witness. 2.2.4. Institutions must require the Title IX Coordinator(s), investigator(s), decision- maker(s), or any person(s) designated by an institution to facilitate an informal resolution process, not
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