VI. Supportive Measures
Each Party’s Home Institution’s Title IX Coordinator will be responsible for implementing Supportive Measures, as defined in this Policy, as appropriate for their Party (Complainant or Respondent), which are legally available to both Parties, and as applicable to restore or preserve the Party’s access to any TCC Institution program or activity or provide support during the Resolution Process, including Agreement-Based Resolution Process, under this Policy.
The Complainant’s Home Institution Title IX Coordinator shall, upon becoming aware of alleged Prohibited Conduct, promptly contact the Complainant, if their identity is known, to discuss the availability of Supportive Measures, as well as other rights and options in accordance with this Policy and their Home Institution’s policies. Supportive Measures shall be offered to the Complainant, and the Complainant has the right under this Policy to request Supportive Measures, regardless of whether they desire to make a report or Complaint, have their allegations investigated, or seek Agreement-Based Resolution. In implementing any Supportive Measures, the Complainant’s Home Institution’s Title IX Coordinator shall consider the Complainant’s wishes.
The Respondent’s Home Institution Title IX Coordinator shall offer Supportive Measures to a Respondent upon notification to the Respondent that there has been a report or Complaint made against them, or earlier as appropriate if a Respondent is aware of a potential Complaint against them.
Supportive Measures provided to a Complainant or Respondent shall remain confidential to the extent that maintaining such confidentiality will not impair the TCC Institution’s ability to provide the Supportive Measures. For Cross-Campus Complaints, each Party’s Home Institution Title IX Coordinator shall promptly notify the other Party’s Home Institution Title IX Coordinator of any Supportive Measures implemented on behalf of a Party or witness. This information will not be shared with the other Party unless it specifically impacts that Party. If there is disagreement about whether information about a specific Supportive Measure for one Party will be shared with the other Party, the Parties’ Home Institution Title IX Coordinators shall discuss with the TCC Title IX Administrator to determine best approach to balance privacy and effectiveness.
Supportive Measures may include, but are not limited to, the following:
- Counseling;
- Extensions of deadlines or other course-related adjustments, in coordination with the relevant Faculty member;
- Modifications of work or class schedules, in coordination with the relevant Faculty member and/or supervisor;
- Campus escort services;
- Restrictions on contact and communication applied to one or more parties, including no contact directives (which may be mutual or unilateral, and at the discretion of each Party’s Home Institution’s Title IX Coordinator as set forth below);
- Changes in class, work, housing, or extracurricular or any other activity, regardless of whether there is or is not a comparable alternative;
- Training and education programs related to Prohibited Conduct;
- Leaves of absence;
- Increased security and monitoring of certain areas of campus; and,
- Other similar measures determined by the Parties’ Home Institution’s Title IX Coordinator(s) based on the specific facts of each case.
A. Specific Requirements for No Contact Orders
A No Contact Order (NCO) is a documented directive issued by a Party’s Home Institution’s Title IX Coordinator that is designed to limit or prohibit contact or communications between the Parties. An NCO may be mutual or unilateral, with the exception that a NCO issued as either a sanction or remedy shall be unilateral, directing that the Respondent to not contact the Complainant.
For cases of Prohibited Conduct involving only students:
- When requested by a Complainant or otherwise determined to be appropriate, the Respondent’s Home Institution’s Title IX Coordinator shall issue an interim, unilateral NCO prohibiting the Respondent from contacting the Complainant during the pendency of the Resolution Process under this Policy, including any appeal.
- A Home Institution Title IX Coordinator shall not issue an interim mutual NCO automatically, but instead shall consider the specific circumstances of each case to determine whether a mutual NCO is necessary or justifiable to protect the noncomplaining Party’s safety or well-being, or to respond to interference with the Resolution Process. Upon issuance of an interim mutual NCO, the Party’s Home Institution’s Title IX Coordinator shall provide the Parties with a written justification for the mutual NCO and an explanation of the terms of the NCO, including the circumstances, if any, under which a violation of the NCO could be subject to disciplinary action.
B. Challenges to Supportive Measures
Each Party’s Home Institution’s Title IX Coordinator has the discretion to implement, modify, deny, or terminate Supportive Measures.
A Party may challenge, in writing, their Home Institution’s Title IX Coordinator’s decision to provide, deny, modify, or terminate Supportive Measures when such measures are applicable to them. An impartial employee will be designated to consider modification or reversal of the Home Institution’s Title IX Coordinator’s decision to provide, deny, modify, or terminate Supportive Measures. The individual who authorized the Supportive Measure(s) shall not be authorized to decide any challenge to the same Support Measure(s). The impartial employee will typically respond to the challenge within two (2) business days. Information regarding the process to challenge any Supportive Measure will be provided to the Party in writing by the individual providing, denying, modifying, or terminating the Supportive Measures.
Any Party’s non-compliance with the parameters of Supportive Measures, such as no contact orders, may be referred by either Party’s Home Institution’s Title IX Coordinator to the appropriate TCC Institution department for review and investigation as to whether the alleged conduct violates the TCC Institution’s code of conduct (student), handbook policy (employee), or other applicable policies. Violations may result in sanctions or discipline.
Title IX Process Pages
- I. Introduction
- II. Home Institution Title IX Coordinator and the TCC Title IX Process Administrator
- III. Scope and Jurisdiction
- IV. Prohibited Conduct – Sex-Based Harassment and Retaliation
- V. Conflict of Interest or Bias
- VI. Supportive Measures
- VII. Resources
- VIII. Reporting Prohibited Conduct
- IX. Response to a Report or Complaint of Prohibited Conduct
- X. Closure or Dismissal of a Complaint
- XI. Referrals for Other Misconduct Not Subject to this Policy
- XII. Consolidation of Complaints and Allegations
- XIII. Resolution Options (Support-Based, Agreement-Based, and Investigation and Hearing)
- XIV. Respondent’s Acceptance of Responsibility
- XV. Investigation and Hearing Resolution Process
- XVI. Hearing
- XVII. Remedies and Sanctioning
- XVIII. Appeal Rights and Process
- XIX. Recordkeeping
- XX. Crime and Incident Disclosure Obligations
- XXI. Policy Review and Revision
- XXII. Non-Discrimination Application and Additional Enforcement Information
- XXIII. Important Definitions
- Addendum A
- Addendum B