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]<\/a> 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\u2019s access to the college\u2019s 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 considered with respect to which measures are implemented. Supportive measures are available whether or not a formal complaint is filed or Formal Resolution under this policy is sought by the Complainant.<\/p>\n\n\n\n Supportive measures may be available upon Notice even if the reported behavior may be protected free expression, occurred outside of the college\u2019s jurisdiction, or for any other reason is not subject to the college\u2019s grievance procedures. Supportive measures may be available to other Students or Employees who are not the Complainant, depending on the nature of the allegations and their impact.<\/p>\n\n\n\n The college will maintain the confidentiality of the supportive measures, provided that confidentiality does not impair the college\u2019s ability to provide those supportive measures. The college will act to ensure as minimal an academic\/occupational impact on the Parties as possible. The college will implement measures in a way that does not unreasonably burden another party.<\/p>\n\n\n\n The college may choose to impose supportive 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 responsive action to enforce a previously implemented measure.<\/p>\n\n\n\n [1]<\/a> Throughout the remainder of this section, the terms \u201charassment\u201d and \u201cdiscrimination\u201d are used as umbrella terms to capture all forms of bias, harassment, and discrimination, including those specifically named here.<\/p>\n\n\n\n Supportive and safety measures may be applied to any party and include, but are not limited to:<\/p>\n\n\n\n The parties may seek additional supportive measures or modification or termination of existing ones applicable to them if circumstances materially change by contacting a member of the Non-Discrimination Team or the Confidential Resource Advisor.<\/p>\n\n\n\n The parties are also provided with a timely opportunity to seek modification or reversal of the college\u2019s decision to provide, deny, modify, or terminate supportive measures applicable to them. A request to do so should be made in writing to the Title IX Coordinator. An impartial employee other than the employee who implemented the supportive measures, who has authority to modify or reverse the decision, will determine whether to provide, deny, modify, or terminate the supportive measures if they are inconsistent with the Title IX regulatory definition of supportive measures. The college typically renders decisions on supportive measures within seven (7) business days of receiving a request and provides a written determination to the impacted party(ies) and the Title IX Coordinator.<\/p>\n\n\n\n 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 and serious 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)<\/a> 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.<\/p>\n\n\n\n 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:<\/p>\n\n\n\n Whenever possible, alternative coursework options may be pursued to ensure as minimal an academic impact as possible on the party.<\/p>\n\n\n\n When an emergency removal is imposed, wholly or partially, the affected student will be notified of the action, which will include a written rationale, and the option to challenge the emergency removal within two (2) business days of the notification. Upon receipt of a challenge, the Title IX Coordinator will meet with the student (and their Advisor, if desired) as soon as reasonably possible thereafter to allow them to show cause why the removal\/action should not be implemented or should be modified.<\/p>\n\n\n\n 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, should be modified, or lifted. When this meeting is not requested within two (2) business days, objections to the emergency removal will be considered waived. A student can later request a meeting to show why they are no longer an imminent and serious threat because conditions related to imminence or seriousness have changed. A Complainant and their Advisor may be permitted to participate in this meeting (or meet with the Title IX Coordinator separately) if the Title IX Coordinator determines it is equitable to do so.<\/p>\n\n\n\n The Respondent may provide information, including expert reports, witness statements, communications, or other documentation for consideration prior to or during the meeting. When applicable, a Complainant may provide information to the Title IX Coordinator for review as well.<\/p>\n\n\n\n An emergency removal may be affirmed, modified, or lifted as a result of a requested review or as new information becomes available. The Title IX Coordinator will communicate the final decision regarding the emergency removal in writing, typically within three (3) business days of the review meeting. <\/p>\n\n\n\n
\n\n\n\nA. Range of Supportive Measures<\/h4>\n\n\n\n
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\n\n\n\nB. Emergency Removal and Administrative Leave<\/h4>\n\n\n\n
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