Policy: Section IX

IX. Supportive and Safety Measures

Upon receipt of any notice of alleged bias, harassment, discrimination, or retaliation, including racism, transphobia, homophobia, and sexual violence, the college will provide reasonable and appropriate supportive and safety measures designed to mitigate the effects of the alleged behavior and protect the parties involved.[1] These non-disciplinary and non-punitive measures will be determined on a case-by-case basis and will be offered without charge upon notice to the college.  The goal of these measures is to: a) restore or preserve the party’s access to the college’s education program or activity; b) protect the safety of all parties or the Bates community; and c) deter any further harassment, discrimination, or retaliation.  The college will make every effort to communicate with the Complainant to ensure that all safety and emotional and physical well-being concerns are being addressed and that their wishes are taken into account with respect to which measures are implemented. Supportive and safety measures are available irregardless of whether a formal complaint is filed or Formal Resolution under this policy is sought by the Complainant.

The Associate Vice President for Title IX & Civil Rights Compliance/Title IX Coordinator (hereafter “Title IX Coordinator”), who oversees the implementation of supportive measures, will maintain the privacy of parties to the fullest extent possible and will limit the sharing of information regarding these measures only to those who “need to know” and to only the limited information needed to provide these measures. In implementing supportive and safety measures, the college will work to minimize the academic impact on the parties while still attending to student needs.  In all cases, the Title IX Coordinator will implement these measures in ways that do not unreasonably burden any party.

The college may choose to impose safety measures, such as a campus No Contact Order, at its discretion to ensure the safety of all parties, the safety of the broader college community, and/or the integrity of the resolution process.  All individuals are encouraged to report concerns about failure of another individual to abide by any restrictions imposed by a safety measure. The college will take immediate and responsive action to enforce a previously implemented measure.

[1] Throughout the remainder of this section, the terms “harassment” and “discrimination” are used as umbrella terms to capture all forms of bias, harassment, and discrimination, including those specifically named here.

A. Range of Supportive and Safety Measures

Supportive and safety measures may be applied to any party and include, but are not limited to:

  • Assistance with medical or therapeutic care:
    • Providing access to counseling, medical, or other healthcare services;
    • Assistance in setting up an initial appointment;
  • Assistance to accessing confidential services:
    • Providing a referral to the Employee Assistance Program;
    • Providing a referral and assistance setting up appointments with on campus confidential resources;
    • Assistance with access to off campus resources (Save Voices, Immigrant Resource Center, Sexual Assault Prevention and Response Services, etc.);
  • Assistance with academic needs (in conjunction with faculty, as necessary):
    • Rescheduling of exams and assignments;
    • Providing alternative course completion options;
    • Changing a class schedule, including the ability to take deferral, drop a course without penalty, or transfer sections;
    • Providing academic support services, such as tutoring;
  • Assistance with personal safety:
    • Imposing a No Contact Order between parties;
    • Issuing No Trespass Orders;
    • Providing an escort to ensure safe movement between classes and activities;
    • Assisting with transportation needs;
    • Increased security or monitoring of certain areas of campus;
    • Safety planning assistance;
  • Assistance with housing and dining:
    • Changing an on-campus housing assignment;
    • Providing assistance from college support staff in completing housing relocation;
    • Individualized assistance with accessing dining services;
  • Changing a work schedule or job assignment;
  • Delivering training or education to the community, organization, group, or individual;
  • Facilitating a voluntary leave of absence;
  • Financial Aid counseling;
  • Visa or immigration status assistance; and
  • Any other remedy that can be tailored to the involved individuals (students or employees) to achieve the goals of this policy.

B. Emergency Removal and Administrative Leave

Where the report under this policy poses a substantial and immediate threat of harm to the safety or well-being of an individual or members of the campus community, or to the performance of normal college functions, the college may remove a Respondent from the college on a temporary, emergency basis. Pending resolution of the report, the individual may be denied access to campus, campus facilities, and/or all other college activities or privileges for which the individual might otherwise be eligible.  Due to the potentially significant impact of this action, the decision to remove a Respondent is not taken lightly.  Emergency removal of students will occur only after an individualized safety and risk analysis has determined that an immediate threat to the physical health and safety of any student or other individual justifies removal. This risk analysis is performed by the Title IX Coordinator in conjunction with the Bates Care Collaborative (BCC) using its standard objective violence risk assessment procedures.  If this analysis suggests it is appropriate to remove an individual, the Title IX Coordinator will forward a recommendation for removal to either the Dean of Students who will make the final determination for all students or the Assistant Vice President of Human Resources (AVP for HR) who will make the final determination for all employees.

In all cases in which an emergency removal is imposed, the student or employee  will be given notice of the action, including a summary of the basis for the emergency removal, and the option to request to meet with the Title IX Coordinator and Dean of Students/AVP for HR prior to such action/removal being imposed, or as soon thereafter as reasonably possible, to show cause why the action/removal should not be implemented or should be modified. 

This meeting is not a hearing on the merits of the allegation(s), but rather is an administrative process intended to determine solely whether the emergency removal is appropriate. When this meeting is not requested in a timely manner, objections to the emergency removal will be considered waived and the removal will be imposed.  A student Respondent may be accompanied by an Advisor of their choice when attending this show cause meeting. A Complainant and their Advisor may be permitted to participate in this meeting if the Title IX Coordinator determines it is equitable to do so. There is no appeal process for emergency removal decisions.

The Title IX Coordinator in coordination with the Dean of Students or AVP for HR has discretion under this policy to implement or stay an emergency removal and to determine the conditions and duration. Violation of an emergency removal under this policy will be grounds for discipline, which may include dismissal or termination.

The college will implement the least restrictive emergency actions possible in light of the circumstances and safety concerns. These actions could include, but are not limited to:

  • removing a student from a residence hall;
  • temporarily re-assigning an employee;
  • restricting a student’s or employee’s access to or use of facilities or equipment;
  • allowing a student to withdraw or take grades of incomplete without financial penalty;
  • authorizing an administrative leave; and
  • suspending a student’s participation in extracurricular activities, student employment, student organizational leadership, or intercollegiate athletics.

Whenever possible, alternative coursework options may be pursued to ensure as minimal an academic impact as possible on the party.

Nothing in this policy limits the college from placing an employee on paid Administrative Leave.