Protective Measures Pending Resolution of a Report of a Student Violation of the Policy
The Associate Vice President for Student Affairs (or designee) may issue an administrative directive in the form of a no-contact order if deemed appropriate. The no contact order may include a directive that the Complainant and Responding Party refrain from contacting each other through direct, indirect, electronic or other means or engage in any disruptive conduct pending resolution of the report. The Associate Vice President for Student Affairs (or designee) may also take any further protective action deemed appropriate, in their sole discretion, concerning the interaction of the Complainant and Responding Party pending resolution of the report.
When immediate action is necessary to protect the health or safety of any community member or to prevent disruption to the University’s learning environment, including students presenting evidence of self-harm, the president or Dean of Students or his/her designee may temporarily suspend a student. (In rare circumstances, a hearing authority may also suspend a student.) The attempted/actual physical abuse or restraint of University personnel or contractors, while acting within the scope of their duties, will also serve as a justification for an interim suspension to be imposed. Within five academic days of the invocation of this suspension, a community standards panel must determine whether grounds still exist to warrant continuation of the suspension. If there is a reasonable basis to conclude that the student may be responsible for the activity in question, and there is a possible threat to health and safety, or a threat of disruption of the normal operating procedures, the suspension may be continued. The existence of criminal charges levied by public authorities would, in itself, provide a reasonable basis for continuation. In addition, the hearing authority may review disciplinary history or other relevant information in determining whether to continue a suspension. The “suspension hearing” before the panel does not constitute the original hearing on the merits of the incident in question. However, any evidence presented at the hearing authority may be considered by Investigators or a Hearing Panel in determining whether an AHND Policy violation has occurred. This process may be altered when medical factors are claimed to be associated with the behavior in question. Note: Administrative removal from residency does not require a community standard review hearing.
While under an interim suspension, students are not permitted on either campus for any reason without the express permission of the Associate Vice President for Student Affairs (or designee). Students who have been placed on interim suspension may not participate in co-curricular activities either on or off campus. For the purposes of this provision, co-curricular activities include, but are not limited to, performances, rehearsals, practices, competitions, and club/organization meetings.
When the Interim Suspension has been invoked as a result of a potential violation of the University’s policy on Anti-Harassment and Non-Discrimination, Section 2.10, both the Complainant and respondent will be invited to attend the hearing and offer statements. Once the hearing has been scheduled, it will not be delayed due to extenuating circumstances. All parties can also issue statements through the Department of Public Safety or the Title IX Compliance Officer. All decisions pertaining to modifications will be subject to a review by the Director of Community Standards or his or her designee. This may result in further modifications to ensure the feasibility of the University to ensure compliance with any modifications.
When the Interim Suspension Policy has been invoked and there is reason to believe that the behavior is related to a medical (physical/psychological condition), a hearing will be held as soon as reasonably possible with the Dean of Students, or the Dean’s designee, or a panel appointed by the Dean which may include health professionals. If there is a reasonable basis to conclude that the student may be responsible for the activity in question, and there is a direct threat to the health and safety of others, or the student’s behavior is disruptive to the University’s learning environment, the suspension may be continued. Discontinuance of the suspension, if warranted, may be conditioned on the application of medical treatment or reasonable accommodations agreed upon by the University in consultation with the student, parents/guardians and/or health professionals. If the hearing authority does not remove the suspension, the suspension will be continued indefinitely pending presentation of new information indicating that the threat to the health and safety of others has been removed, that there is no longer a risk the student will be disruptive to the University’s learning environment, and/or there are reasonable accommodations or treatment is available.