Appendix C: Emergency Removal Process

Under specific circumstances, Ohio University may remove a student respondent from the University’s education program or activity, in part or entirely, on an emergency basis. Before an emergency removal is enacted, the Title IX Coordinator will conduct an individualized safety and risk analysis in conjunction with the Dean of Students and the Ohio University Police Department.

The risk analysis will determine if there is an immediate threat to the physical health and safety of any student or other individual arising from the allegations of sexual harassment or other sexual misconduct, and if that immediate threat justifies the emergency removal of the respondent from the University’s education program or activity. The Title IX Coordinator will also consider the applicability of disability laws to the removal decision.

An emergency removal is not tantamount to a determination of responsibility or a sanction. Ohio University may remove a respondent on an emergency basis whether the grievance process is underway or not.

The Title IX Coordinator will implement the least restrictive emergency removal actions possible in light of the circumstances and safety concerns. These actions may include, but are not limited to, interim suspension from University premises and activities (including class attendance), removal from University housing, restriction of access to particular areas of campus, and suspension of participation in extracurricular activities, student employment, student organizational leadership, or intercollegiate athletics.

When an emergency removal is imposed, the student respondent will be issued a Notice of Removal letter. Notice will be made in writing and will be emailed to the respondent’s Ohio University email account. At the discretion of the Title IX Coordinator, an alternate means of delivering the Notice of Removal letter may be utilized if circumstances warrant. Once emailed or otherwise sent or given in person, notice will be presumptively delivered.

Upon delivery of the Notice of Removal letter, the respondent may request a review meeting with the Title IX Coordinator where the respondent may show cause why the removal should not be implemented or should be modified.

Requests for a review meeting with the Title IX Coordinator must be made within three business days of the delivery of the Notice of Removal. The review meeting will be held as soon as reasonably possible after the request is made by the respondent. If the respondent does not request a meeting within three business days, objections to the emergency removal will be deemed waived.

The review meeting with the Title IX Coordinator is not a hearing on the merits of the allegations but rather an administrative process intended solely to determine whether the emergency removal is appropriate. The respondent may be accompanied by an advisor of their choice at the review meeting. The complainant and their advisor of choice may be permitted to participate in the meeting if the Title IX Coordinator determines that such participation is appropriate. At the review meeting with the Title IX Coordinator, the respondent will be allowed to present their position regarding why they believe the emergency removal should not be implemented or should be modified.

The Title IX Coordinator will prepare a written determination/response to the review meeting within two business days of the meeting. The Title IX Coordinator has sole discretion to implement or stay an emergency removal and to determine the conditions and duration. The Title IX Coordinator’s decision is final; there is no appeal process for an emergency removal decision.

If the Sexual Harassment and Other Sexual Misconduct Grievance Process does not move forward following an emergency removal, the emergency removal will be rescinded and the party notified promptly.

Violation of an emergency removal under University Policy 03.004 will be grounds for separate discipline, which may include actions up to or including expulsion from the University.