TITLE IX-BASED EMERGENCY REMOVALS
Eastern Arizona College can act to remove, on an emergency basis, a Title IX Respondent entirely, or partially, from its educational programs or employment activities, when an individualized safety and risk analysis has determined that an immediate threat to the physical health or safety of any individual justifies such a removal.
An emergency removal is not tantamount to a determination of responsibility or a sanction. EAC may remove a Respondent on an emergency basis whether a grievance process is underway or not.
For students who are removed on an emergency basis, alternative coursework options should be pursued to ensure as minimal an academic impact as possible on the removed party.
The College (or District) will implement the least restrictive emergency actions possible in light of the circumstances and individual safety concerns. As determined by the Title IX Coordinator, these actions could include a variety of supportive measures. Examples of supportive measures include, but are not limited to:
If the least restrictive emergency action is removal from the campus, the Title IX Coordinator must initiate an individualized safety and risk analysis.
This risk analysis is performed by the Title IX Coordinator, in conjunction with the College Behavioral Intervention Team.
For situations where the Respondent is an employee, the Title IX Coordinator will consult with Human Resources in completing the individualized safety and risk analysis.
The risk analysis must follow the five-step process for evaluating the necessity of and implementation of an emergency removal.
Step ONE: Conduct a prompt individualized safety and risk analysis.
Step TWO: Make the required findings of “immediate threat” “to the physical health or safety of any student or other individual” “arising from the allegations of sexual harassment.”
1. There must be an immediate threat that justifies and compels the emergency removal.
2. Ask: What significance and weight should be applied to a Complainant’s subjective fear of a threat versus an objective reasonable person standard?
3. Ask: What is the Respondent’s propensity, opportunity, and ability to effectuate a stated or potential threat?
4. Ask: Would supportive measures be more appropriate and a less restrictive means to negate or sufficiently minimize the likelihood of a threat’s occurrence?
“To the physical health of safety of any student or other individual”
“Arising from the allegations of sexual harassment.”
Step THREE: Evaluate the applicability of disability laws to the removal decision.
Step FOUR: Consider the appropriateness of supportive measures in lieu of an emergency removal.
Step FIVE: Provide the Respondent with notice and an “immediate” opportunity to challenge the emergency removal.
1. In all cases where an emergency removal is imposed, the Respondent (regardless of status as either student or employee) will be issued a Notice of Removal letter.
2. Upon receiving the Notice of Removal letter, the Respondent may request to meet with the Title IX Coordinator as soon as reasonably possible after the emergency removal is imposed to show cause why the action/removal should not be implemented or should be modified. This meeting is called a Show Cause meeting.
SHOW CAUSE MEETING
Requesting a Show Cause meeting with the Title IX Coordinator must be made within three (3) days of the Respondent’s receipt of the Notice of Removal. If no meeting is scheduled within the three (3) day time period, objections to the emergency removal will be deemed waived and the emergency removal will be imposed.
This Show Cause 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.
At the Show Cause meeting, the Respondent may be accompanied by the Advisor of his/her/their choosing.
A Complainant and their Advisor may be permitted to participate in the Show Cause meeting.
At the Show Cause meeting, the Respondent will be allowed to present their position regarding why they believe the emergency action/removal should not be implemented or should be modified.
The Title IX Coordinator must prepare a written determination/response to the Show Cause meeting within two (2) days of the meeting taking place.
The Title IX Coordinator’s decision is final.
VIOLATION OF EMERGENCY REMOVAL
Violation of an emergency removal under this policy will be grounds for separate discipline, which may include actions up to or including expulsion from school or termination from employment.