The university is committed to ensuring the safety and well-being of victims of sexual misconduct. Upon receiving a report of sexual violence (which includes dating violence, domestic violence, sexual assault, and stalking), the university will provide the victim, or the victim’s counselor or advocate, with a written explanation of the academic and workplace accommodations available on campus and through local community resources, and will ask victims, or their counselors or advocates, what measures are sought. Victims of nonviolent forms of sexual misconduct may also make these requests.
A student who has been a victim of sexual misconduct may request an academic accommodation or change in residence after a report of sexual misconduct. An employee who has been a victim of sexual misconduct may request reasonable accommodations to his or her work schedule or location. The specific measures provided to the student or employee will be made on a case-by-case basis. If the victim or advocate identifies an accommodation that is not already provided by the university, the university will consider whether the request can be granted.
Any victim who has experienced an act of sexual violence l who makes a request will receive any available, appropriate, and reasonable accommodation, regardless of whether the victim chooses to report the crime to campus Public Safety or local law enforcement. Possible requests include the ability to change academic schedules or work schedules, withdraw from or retake a class without penalty, access academic support such as tutoring services, change residence hall assignments, and transportation accommodations. Pursuant to Title IX, in most cases of sexual misconduct, the university will endeavor, to the extent practicable, to change the schedule or accommodations of the accused prior to changing the schedule or accommodations of the victim, so as to minimize the burden on the victim. Depending on the specific circumstances, this may not always be possible.
In situations where it is necessary, the university will take immediate steps to protect victims pending the final outcome of an investigation. These steps consiste of the accommodations listed above in addition to issuing no contact orders and providing access to medical and mental health services, including counseling. Pending resolution of the complaint, the responding party may be prohibited from contacting the victim and may be placed on suspension and/or denied access to campus. Also, the university may change the course or work schedule or residence assignment of the accused.
The university will maintain as confidential any such accommodations or protective measures provided to victims, to the extent that maintaining such confidentiality will not impair the ability of the university to provide the accommodations or protective measures.
The university offers victims of sexual misconduct two options for reporting the misconduct and requesting interim measures required by Title IX. The first option occurs when the victim reports the incident to the Title IX coordinator or to another employee who ensures that the Title IX coordinator is informed of the incident.
The second option allows a victim who has not reported the misconduct to a responsible employee to disclose the misconduct to a confidential resource (such as a professional counselor, non-professional counselor, or victim advocate) who, in turn, can request interim measures on the victim’s behalf from the university. Under the second option, victims should be aware that when a counselor or advocate requests interim measures on their behalf from a responsible employee of the university and discloses that the reason for the request is sexual misconduct, the request may trigger the university’s Title IX obligation to investigate the incident because of NSU’s obligation under Title IX to protect all members of its campus community. Whether the Title IX Coordinator decides that the university can honor the confidentiality request or must pursue an investigation, the victim will be informed of that decision. Title IX Coordinator (or designee) will inform the victim of available interim measures and coordinate appropriate interim measures for the victim, regardless.
The Title IX Coordinator or designee will collaborate with the appropriate university officials to ensure that interim and/or protective measures can be imposed when necessary. Interim measures are not appealable.