VCOM Institutional Policy and Procedure Manual

VCOM Policy and Procedure

Policy #U011

16. MISCELLANEOUS

16.1 Emergency Removal The College may remove a respondent from the College’s education program or activity during the grievance process provided that: • The VCOM Individual Assessment Team (IAT) undertakes an individualized safety and risk analysis; and • The IAT 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. The term “removal” shall include any enforced separation of the respondent from any VCOM facilities, services or campus. Such a determination shall be enforced immediately. • The IAT shall immediately provide a written notice to the respondent and the Campus Dean of the decision for removal, any specific terms of the removal, and a copy of the IAT’s written decision. • The notice shall also inform the respondent of the right to challenge the decision for removal by filing written objections, and the reasons therefor, with the Campus Dean within five (5) business days of receipt of the decision from the IAT. The Campus Dean shall have discretionary power to affirm, reverse, or modify the decision of the IAT. The decision of the Campus Dean shall be rendered within seven (7) business days and is final. • Any decision for removal is subject to review, and possible modification, by the IAT at any time during the grievance process. • If the respondent is a VCOM student, the College will provide on-line curriculum assistance for the period of removal during the grievance process. • This provision may not modify any rights under the Individuals with Disabilities Education Act, Section 504 of the Rehabilitation Act of 1973, or the Americans with Disabilities Act. 16.2 Administrative Leave The College may place a non-student respondent on administrative leave during the pendency of a grievance process as described herein. This provision may not modify any rights under Section 504 of the Rehabilitation Act of 1973 or the Americans with Disabilities Act. 16.3 Delays Keeping in mind the reasonably prompt time frames contained in this policy, a temporary delay of the grievance process or the limited extension of time frames for good cause is allowed upon written notice to the complainant and respondent of the delay or extension and the reasons for the action. Good cause may include, among other things, considerations such as absence of a party, a party’s advisor, a witness,

VCOM Discrimination, Harassment, and Violence Policy and Procedures

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