Supportive Measures for Complainant (Victim) and Respondent (Accused)
Supportive measures may be offered to the complainant (victim) and respondent (the accused perpetrator). The complainant and the respondent may request supportive measures from the Title IX Coordinator.
Supportive measures may include counseling, extensions of deadlines or other course-related adjustments, modifications of work or class schedules, arranging campus escort services, mutual restrictions on contact between the parties, changes in work or housing locations, leaves of absence, increased security and monitoring of certain areas of the campus, and other similar measures.
Supportive measures are available even if there is no complaint or investigation.
Some supportive measures may be referred to or issued as interim measures that are put in place for complainants or victims after receiving notice of alleged sexual misconduct but before any final outcomes have been determined. Interim measures are supportive measures that may be put in place during the pendency of an investigation and grievance process hearing. (Educ. Code § 66281.8(b)(4)(A)(xxi).) Title IX refers to supportive measures, and state law refers to interim and supportive measures.
We want students to be safe, to receive appropriate medical attention, and to get the help they need to heal and to continue to access their educational opportunities. We also want students to understand their reporting options and how to access available supportive measures. The College encourages victims of sexual misconduct to report those incidents to the College’s Title IX Coordinator or any responsible employee with whom the victim feels comfortable. The College recognizes that sexual violence is traumatic and may leave victims feeling overwhelmed and confused. This policy seeks to provide clear guidance regarding available resources and who can help in securing them.
Upon receiving a report of sexual misconduct, Ohlone will provide the victim, or the victim’s counselor or advocate, with a written explanation of supportive measures available on campus and through local community resources and shall ask victims, or their counselors or advocates, what measures are sought. The College determines which measures are appropriate for a particular victim on a case-by-case basis. Not all of the supportive measures or the measures listed below will be necessary in every case to keep victims safe and ensure their equal access to educational programs and activities. If the victim or advocate identifies a supportive measure that is not already provided by the College, the College will consider whether the request can be granted. In those instances where supportive measures affect both a victim and the alleged perpetrator, the College will minimize the burden on the victim wherever appropriate.
A victim of sexual misconduct, or the victim’s counselor or advocate, may request the measures listed below or supportive measures (defined at the beginning of this webpage). Ohlone – after consulting with the victim or the victim’s counselor or advocate – will determine which measures are appropriate to ensure the victim’s safety and equal access to educational programs and activities.
Possible Supportive Measures
- Academic accommodations (for additional information, see below)
- Medical and mental health services, including counseling
- Assistance in finding resources to arrange alternative housing
- Assistance in arranging for alternative College employment arrangements and/or changing work schedules
- A “No contact” directive, which can restrict one party or both parties from having contact of any kind. Such a directive serves as notice to both parties that one or both must not have verbal, electronic, written, or third party communication with the other.
- When requested by a complainant or otherwise determined to be appropriate, Ohlone may issue a no-contact directive prohibiting the respondent from contacting the complainant. The no-contact directive may be for a specified period of time or may be during the pendency of the investigation and grievance process hearing.
- Ohlone shall not issue a mutual no-contact directive automatically, but instead shall consider the specific circumstances of each case to determine whether a mutual no-contact directive is necessary or justifiable to protect the non-complaining party’s safety or well-being, or to respond to interference with an investigation or other process.
- Upon the issuance of a mutual no-contact directive, Ohlone shall provide the parties with a written justification for the directive and an explanation of the terms of the directive.
- Upon the issuance of any no-contact directive, Ohlone shall provide the parties with an explanation of the terms of the directive, including the circumstances, if any, under which violation could be subject to disciplinary action.
- A no-contact directive issued after a decision of responsibility has been made shall be unilateral and only apply against the party found responsible. Educ. Code § 66281.8(b)(4)(A)(xxi)(III)(ia-ib).
- Providing an escort to ensure that the student can move safely between school programs and activities
- Transportation accommodations, such as shuttle service, cab voucher, or parking arrangements to ensure safety and access to other services
- Assistance identifying an advocate to help secure additional resources or assistance including off-campus and community advocacy, support, and services
Ohlone will work with victims or their counselors or advocates to identify what measures are appropriate in the short term (e.g., during the pendency of an investigation and fair grievance process hearing or other school response), and will continue to work collaboratively throughout Ohlone’s process and as needed thereafter to assess whether the instituted measures are effective, and if not, what additional or different measures are necessary to keep the victim safe.
As explained below, when a victim’s counselor or advocate requests any of the above measures on the victim’s behalf without disclosing that sexual misconduct is the basis for the request, Ohlone will consider these requests for supportive measures consistent with its general policy of allowing counselors and advocates to seek such measures for victims of trauma without requiring that the nature of the trauma be disclosed.
Academic accommodations are one type of supportive measure that Ohlone may provide to a victim after receiving notice of alleged sexual misconduct to ensure that the victim is safe and can continue to access educational opportunities following alleged sexual misconduct. To address the possible adverse effects of sexual misconduct on a victim’s academics, it may be possible to secure time-limited academic accommodations, such as rescheduling an exam. If the victim experiences persistent academic difficulties as a result of the sexual misconduct (e.g., including difficulties stemming from anxiety, depression, post traumatic stress disorder or any other mental or physical illnesses or injuries), the victim may request more long-term academic accommodations, such as a temporary leave of absence. If the victim does not have a treating provider but is suffering from health-related issues such as those identified above, the student should contact the Student Health Center to be connected with a campus health provider or appropriate off-campus resource. Students may also be entitled to additional services and supports if they have a disability, including those who developed a disability as a result of experiencing sexual misconduct.
Victims of sexual misconduct, or the victim’s counselor or advocate, may request the following academic accommodations as supportive measures. Ohlone – after consulting with the victim or the victim’s counselor or advocate – will determine which accommodations are appropriate to ensure the student’s safety and equal access to educational programs and activities. Requests for academic accommodations may include assistance in:
- Transferring to another section of a lecture or laboratory
- Rescheduling an academic assignment or test
- Accessing academic support (e.g., tutoring)
- Arranging for incomplete, a leave of absence, or withdrawal from campus
- Preserving eligibility for academic, athletic, or other scholarships, financial aid, internships, study abroad, or foreign student visas.
Options for Requesting Supportive Measures
Ohlone offers victims of sexual misconduct two options for reporting the misconduct and requesting supportive measures required by Title IX.
The first option allows the victim to report the misconduct to an Ohlone employee whom Ohlone has designated as responsible for receiving and/or responding to reports of sexual misconduct and to request supportive measures from these “responsible employees.”
The second option allows a victim who has not reported the misconduct to a responsible employee to disclose the misconduct to a professional counselor, non-professional counselor, or victim advocate who in turn can request supportive measures on the victim’s behalf from Ohlone. Under the second option, victims should be aware that when a counselor or advocate requests supportive measures on their behalf from a responsible employee of the College and discloses that the reason for the request is sexual misconduct, the request may trigger the College’s Title IX obligation to investigate and the fair grievance process hearing . To the extent the counselor or advocate makes such a disclosure, but, consistent with the victim’s wishes, asks that Ohlone not investigate or otherwise notify the alleged perpetrator of the report, the Title IX Coordinator will consider whether it can honor the request while still providing a safe and nondiscriminatory environment for all students, as set forth in Ohlone’s Confidentiality Policy, and take supportive measures to protect the victim as necessary.
Ohlone also offers victims an option for the victim’s counselor or advocate to request supportive measures from Ohlone without reporting the sexual misconduct to Ohlone. While we strongly encourage all victims of sexual misconduct to report the incident to Ohlone directly, we want victims to have access to supportive measures regardless of when or whether they decide to report the conduct to Ohlone.
Option 1: Victims Who Report Sexual Misconduct to a Responsible Employee
Reports of sexual misconduct to responsible employees will be forwarded to the Title IX Coordinator who will determine what steps need to be taken. Generally, Ohlone will investigate the report to determine what occurred and Ohlone will provide supportive measures during the investigative process and fair grievance process hearing. (Supportive measures may be continued after the hearing also as a remedy). However, for victims who report sexual misconduct to responsible employees but request that Ohlone not pursue an investigation or otherwise keep their report confidential (e.g., from the perpetrator), the Title IX Coordinator will consider whether it can honor the victim’s request while still providing a safe and nondiscriminatory environment for all students. For more information on confidentiality, please see Ohlone’s Confidentiality Policy. Whether the Title IX Coordinator decides that Ohlone can honor the confidentiality request or must pursue an investigation, the Title IX Coordinator (or designee) will inform the victim of available supportive measures and coordinate appropriate supportive measures for the victim.
Options 2 and 3: Victims Who Disclose Sexual Misconduct to Professional Counselors, Non-Professional Counselors, and Victim Advocates
Ohlone recognizes that counselors and victim advocates are often in a unique position to know when and what supportive measures would be most appropriate to address a victim’s health and safety needs. For this reason, victims who disclose incidents of sexual misconduct to their counselors or victim advocates should discuss whether to have the counselor or advocate report the misconduct to Ohlone and request supportive measures required by Title IX or request discretionary supportive measures from Ohlone without reporting the nature of the conduct. The counselor or advocate will work with the victim to determine what information the victim is willing to have shared with Ohlone employees involved in securing supportive measures. The counselor or advocate will explain how sharing certain information with responsible employees may trigger Ohlone’s Title IX obligation to investigate.
A counselor or advocate may request that Ohlone provide supportive measures to a victim of sexual misconduct to protect the victim and ensure the victim’s equal access to Ohlone’s educational programs and activities before the final outcome of any investigation and fair grievance process hearing. The counselor or advocate may ask a victim who is seeking supportive measures to sign a release or consent specifying the information that may be shared with Ohlone. After the counselor or advocate informs Ohlone that sexual misconduct is the basis for the request for supportive measures, Ohlone will work with these individuals to investigate the alleged sexual misconduct and determine what supportive measures are appropriate. For example, the counselor or advocate may ask the Title IX Coordinator to arrange academic accommodations for the victim or may ask faculty directly for such supportive measures.
A counselor or advocate may request that Ohlone provide supportive measures for a student who has experienced trauma, including, but not limited to, trauma related to sexual misconduct. If a victim does not want Ohlone to investigate the alleged sexual misconduct, the victim should discuss this with the counselor or advocate. Counselors and advocates should explain what type of requests will trigger Ohlone’s Title IX obligations and discuss other avenues for securing supportive measures consistent with the victim’s wishes. For example, counselors and advocates may request supportive measures (e.g., changes to classes or employment) from Ohlone on behalf of a victim who does not want Ohlone to pursue an investigation of the alleged sexual misconduct, and Ohlone will consider these requests for supportive measures consistent with its general policy of providing supports to students who have experienced various forms of trauma without requiring their counselor or advocate to reveal the nature of the underlying trauma to Ohlone.
Ohlone encourages victims of sexual misconduct to report the incident(s) and to seek help under the option above with which they feel most comfortable. If you have any questions about available supportive measures, please contact the Title IX Coordinator.
Option to Request Accommodations for Prior Sexual Harassment Incidents
Ohlone shall consider and respond to requests for accommodations relating to prior incidents of sexual harassment that could contribute to a hostile educational environment or otherwise interfere with a student’s access to education where both individuals are, at the time of the request, subject to Ohlone’s policies. (Educ. Code § 66281.8(b)(3)(C)(ii).
Remedies and Discipline after Final Finding of Responsibility
After a final finding of responsibility, supportive measures may continue as a remedy. Other remedies, including system-wide remedies such as policy changes, and disciplinary consequences to the accused party if found responsible may be issued. (Educ. Code § 66281.8(b)(4)(A)(xxi).)