Supportive Measures

Supportive Measures

Supportive measures are non-disciplinary, non-punitive individualized services offered as appropriate, as reasonably available, and without fee or charge to the complainant and respondent without unreasonably burdening the other party.

Supportive measures are designed to:

• Restore or preserve equal access to the party’s education at Rockford University;
• Protect the safety of all parties or the Rockford University educational environment; or
• Deter sexual harassment.

Rockford University Supportive measures include, but are not limited to:

• Counseling services on- and off-campus and assistance in setting up an initial appointment
• Extensions of deadlines or other course-related adjustments such as taking an incomplete in a class
• Modifications of work or class schedules without penalty
• 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
• Other similar measures as necessary
• Providing medical services
• Providing academic support services, such as tutoring;
• Any other remedy that can be tailored to the involved individuals to achieve the goals of this policy

Rockford University will offer supportive measures to every complainant when the Title IX Coordinator receives a report, complaint or formal report of an incident of sex discrimination, sexual misconduct or sexual harassment. Examples of a report may include written or oral reports submitted by a complainant, Responsible Employee, anonymous reporting party, third-party reporter, or other Rockford University community member.

Upon receiving a report, of an alleged incident of sex discrimination, sexual misconduct or sexual harassment, the Title IX Coordinator will promptly contact the complainant to discuss the availability of supportive measures and explain the option for filing a formal complaint as well as the formal complaint process under Title IX and/or the conduct process described in Rockford University Code of Conduct (for incidents involving students) or the Faculty and Employee Handbooks (for incidents involving employee to employee conduct). The complainant will have the opportunity to express what they would like in the form of supportive measures, and the Title IX Coordinator will take into account the complainant’s wishes in determining which supportive measures to offer. Supportive measures will be available to complainants regardless of whether or not they wish to file a formal complaint to initiate a grievance process.

Supportive measures remain available to the complainant before and after filing a formal complaint of sexual harassment or a complaint of sexual misconduct as well as when no formal complaint or complaint has been filed. Additionally, Rockford University will provide supportive measures to complainants even when the alleged incident does not constitute sexual harassment under Title IX, fall within the jurisdictional conditions under Title IX, or constitute sexual misconduct under the Rockford University Code of Conduct or Faculty and Employee Handbooks. For example, a complainant may still seek supportive measures when an incident of sexual harassment occurs outside of Rockford University’s education program or activity or outside of the United States. A complainant may request supportive measures when the alleged conduct is considered to be sexual misconduct under this policy but does not qualify as sexual harassment under Title IX.

Supportive measures may remain in place throughout an appeal process.

Regardless of the result of the Title IX grievance process, Rockford University reserves the right to continue supportive measures. Therefore, if the University determines that a respondent is not responsible for violating Title IX, the University Code of Conduct (for incidents involving students) or the Faculty and Employee Handbooks (for incidents involving employee to employee conduct), it may continue providing supportive measures to a complainant or respondent to restore or preserve equal access to their education.

Rockford University adheres to Federal Title IX regulations, which require the equitable treatment of complainants and respondents. Equitable treatment under Title IX includes providing supportive measures and remedies for complainants and avoiding imposing disciplinary sanctions against respondents until the formal grievance process as outlined in this policy is completed. While respondents will be offered supportive measures, Title IX does not require equality or parity with respect to the supportive measures provided to complainants and respondents.

Confidentiality & Supportive Measures: Rockford University will keep confidential any supportive measures provided to the complainant or respondent, to the extent that maintaining such confidentiality would not impair the ability of the University to provide the supportive measures. For example, where a no-contact order is appropriate, the respondent would need to know the identity of the complainant in order to comply with the no-contact order, or campus security is informed about the no-contact order in order to help enforce its terms. For more information about confidentiality during the Title IX grievance process, see Confidentiality.

In order for the University to provide supportive measures to the complainant, the University must know the identity of the complainant. Therefore, it is not possible for the complainant to remain anonymous and receive supportive measures because at least one school official (such as the Title IX Coordinator) must know the complainant’s identity in order to offer and implement any supportive measures. A complainant or third party may desire to report sexual harassment without disclosing the complainant’s identity—and may do so using the reporting options detailed in Reporting Sex Discrimination, Sexual Misconduct & Sexual Harassment, but the University will be unable to provide supportive measures in response to the report without knowing the complainant’s identity.

Implementation of Supportive Measures: The Title IX Coordinator is responsible for coordinating the effective implementation of supportive measures. Although supportive measures may require collaboration with various Departments on campus, the Title IX Coordinator will serve as the point of contact for complainants and respondents.

Emergency Removal

Rockford University reserves the right to remove a respondent from a University education program or activity without undergoing a grievance process on an emergency basis in the event that Rockford University undertakes an individualized safety and risk analysis and determines that an immediate threat to the physical health or safety of any student or other individual arising from the allegations of sexual harassment justifies removal.

In the event of emergency removal, Rockford University will provide the respondent with post-removal notice and the opportunity to challenge the decision immediately following the removal.

Administrative Leave

Rockford University reserves the right to place a non-student employee respondent on administrative leave during the pendency of a grievance process outlined in this policy.

Preservation of Evidence

Seeking assistance from a medical provider allows for the diagnosis and full treatment of any injuries or physical effect and to properly collect and preserve evidence. There is a limited window of time following an incident of sexual assault to preserve physical and other forms of evidence. Gathering such evidence does not commit an individual to pursuing legal action against the assailant, but does preserve that option.

Although it may be difficult following a sexual assault, individuals who are considering or may consider legal action should try not to shower, bathe, douche, urinate, rinse mouth, brush teeth, drink liquids, or change clothes to allow for maximum possible collection of evidence by a Sexual Assault Nurse Examiner (SANE) nurse or other health care provider. If clothing has been changed since the assault, bring the clothing you had on at the time of the assault with you to the hospital in a clean, sanitary container such as a clean paper grocery bag or wrapped in a clean sheet (plastic containers do not breathe and may render evidence useless). If clothing has not been changed, bring a change of clothes with you to the hospital, if possible, as they will likely keep the clothes you are wearing as evidence. You can take a support person with you to the hospital, and they can accompany you through the exam if you want. Do not disturb the crime scene—leave all sheets, towels, etc. that may bear evidence for the police to collect.

A SANE nurse is a registered nurse who has been specially trained to provide comprehensive care to sexual assault survivors in a medical setting. SANE nurses are usually on call 24 hours a day, seven days a week (call the emergency room if you first want to speak to the nurse; ER will refer you). The SANE nurse or other hospital staff member will conduct a medical evaluation, collect evidence, check for injuries, address pregnancy concerns and address the possibility of exposure to sexually transmitted infections.

If a sexual misconduct survivor goes to the hospital, local police will be called but the individual is not obligated to talk to the police or to pursue prosecution.

Updated: August 2020