Protocols for Emergency Removals

Protocols for Emergency Removals

These Protocols apply to all campuses in the US and Canada.

This document describes the Protocol for Emergency Removals under Northeastern University’s Policy on Sexual and Gender-Based Harassment and Title IX (the “Policy”). Capitalized terms used and not otherwise defined in these Procedures are defined in the Policy. The Policy and these Procedures may address aspects of the same topic, with the Policy stating the university’s general policy and the Procedures providing more specific information concerning university processes. These Procedures must therefore be read in conjunction with the Policy. 

At all times, the university reserves the right to determine which policies and procedures apply and which actions may be taken. Except as otherwise noted, proceedings under these Procedures do not preclude separate and additional proceedings under one or more other university policies or procedures. 

  1. Upon receipt of Notice or knowledge of an allegation, or at any time during the resolution process, the Title IX Coordinating Committee may conduct an individualized risk assessment and may remove the Respondent from its education program or activities or employment, partially or entirely, on an emergency basis when the Title IX Coordinating Committee has determined that there exists an immediate threat arising from the allegations of a Prohibited Offense to the health or safety of a Complainant or any students, employees, or other persons. 
  1. If an Emergency Removal is deemed necessary: 
  • a Student Respondent will receive communication of the Emergency Removal through the Director of OSCCR, or their designee which will be sent through the Maxient conduct database to the Respondent’s university email address. A hold will be placed on the student’s record. 
  • an employee Respondent will receive communication of the Emergency Removal through HR, their supervisor, or their designee which will be sent to the Respondent’s university email address. 
  • The communication to the Respondent will explain that: 
  • The Respondent is not allowed on any university property cannot attend classes or any University sponsored activities both on and off university property; 
  • The Respondent will need to make advance arrangements with OSCCR (students) or HR (employees) for approval any time they may need to be on campus to take care of University-related business during the period of emergency removal; and 
  • The Respondent has an opportunity to submit an online request to challenge the decision of the emergency removal. 
  1. If the Respondent wishes to challenge the emergency removal, they will submit an online request form within five (5) business days, explaining in detail the reasons for why they are challenging the Emergency Removal.  If an Employee Respondent wishes to challenge the Emergency Removal, they will submit their written appeal to the Title IX Coordinator via email within five (5) business days, explaining in detail the reasons for why they are challenging the Emergency Removal. 

Grounds to challenge an Emergency Removal are:  

  • The reliability of the information concerning the appellant’s alleged conduct, including the matter of their identity; or 
  • Whether the alleged conduct and surrounding circumstances reasonably indicate that the continued presence of the appellant on university property or within university programs poses an immediate threat to the physical health or safety of any student or other individual arising from the allegations of a Prohibited Offense. 
  1. The appeal for student Respondents will be reviewed by the Senior Vice Chancellor of Student Affairs, or their designee and the Emergency Removal will remain in effect during the appeal process. The appeal for employee Respondents will be heard by the Vice President for Human Resources or their designee and the Emergency Removal will remain in effect during the appeal process.  
  1. The Senior Vice Chancellor of Student Affairs (for student Respondents) or the Vice President for Human Resources (for employee Respondents) or their designees, will review the appeal, the incident report(s), and the original individualized safety and risk analysis. 

The Senior Vice Chancellor of Student Affairs or the Vice President for Human Resources, or their designee, can request to meet with the Respondent in person or virtually, if deemed necessary to obtain any additional information or clarification.  

  • This meeting will not replace the Resolution process, which shall proceed in accordance with procedures identified in the Policy. 
  • This meeting is an administrative process intended to determine solely whether the Emergency Removal is appropriate, should be modified, or lifted based on the grounds of the appeal.  
  • Respondent may provide information or other documentation for consideration prior to or during the meeting. When applicable, a Complainant may provide information to the Appeal Officer for review.  
  • A Respondent can later request a meeting with the Title IX Coordinator to show why they are no longer an immediate threat because conditions related to imminence or seriousness have changed. A Complainant and their Advisor may be permitted to participate in this meeting if the Title IX Coordinator determines it is equitable to do so. 
  1. A final decision to either (1) uphold the Emergency Removal, (2) modify, or revoke it will be provided to the student within two (2) business days of receiving the student’s appeal request or within two (2) business days of the date of the meeting between the Senior Vice Chancellor of Student Affairs and the Student Respondent or the Vice President of Human Resources and the Employee Respondent. 
  • There will be no further appeals to the decision rendered upon review.  
  • At any point in a Resolution Process of an allegation of a Prohibited Offense, the university has the discretion to impose, lift, reassess, and modify an Emergency Removal as circumstances may warrant and as new information becomes available. If the Emergency Removal is modified or revoked, other supportive, remedial and protective measures may be assigned until the resolution of any related Resolution Option through the OUEC is completed. 
  1. If the Emergency Removal is upheld, the Director in OSCCR, or their designee, will send a memo to campus colleagues regarding the emergency removal. 

If the Emergency Removal is upheld in cases involving an employee, the Vice President of Human Resources or their designee, will send a memo to relevant campus colleagues regarding the Emergency Removal.