FXUA may determine it is necessary to enact Interim (meaning temporary) Measures at any time during the investigation. Interim Measures are intended to eliminate the Prohibited Conduct, prevent the recurrence of Prohibited Conduct, and remedy the effects of such conduct while the investigation and other procedures are taking place. These measures may be both remedial or protective and are designed to address the safety and well-being of all parties involved in the incident and the FXUA community, and to provide for the continued access to educational opportunities.
These measures are available regardless of what an individual chooses to do under this policy. Upon receiving a report of alleged Prohibited Conduct, the reporting individual will be provided with a written explanation of Interim Measures available, report and complaint options, and on- and off-campus resources. If the victim requests an Interim Measure that is not already being provided or is not listed below, the Title IX & Clery Act Compliance Coordinator will consider the request and determine whether it is appropriate on a case-by-case basis. The Title IX & Clery Act Compliance Coordinator has the discretion to impose or modify any Interim Measures and is available to meet with any parties involved to address any concerns or questions about the measures.
FXUA will maintain the privacy of all parties involved to the extent that it is practical to do so. The Respondent and other parties will be informed of Interim Measures to the extent necessary to ensure that the measures are complied with. The violation of any Interim Measures will be considered a violation of this policy and are subject to disciplinary action under the Sexual Misconduct Policy. The Title IX & Clery Act Compliance Coordinator will address the violation of any Interim Measures.
Interim Measures include, but are not limited to:
FXUA will provide Interim Measures to third parties (third parties are anyone who has been effected by the Prohibited Conduct but are not the victim or the Respondent) as appropriate and available. The availability of measures for third parties will be determined based on the role of the third party, the actions of the Respondent, and the nature of the relationship between the third party and FXUA.
When a Professional Counselor requests any of the above measures, or any other measure, on behalf of an individual without disclosing that Prohibited Conduct has occurred and is the basis of the request, then the Title IX & Clery Act Compliance Coordinator will consider those requests within the framework of general FXUA policies and with the acknowledgment that counselors can seek assistance for victims of trauma without being required to disclose any information.
Because Interim Measures are intended to protect and support all parties involved in the student conduct process and the university community, any Interim Measures put in place during the sexual misconduct proceeding may be continued regardless of a finding of responsibility against the responder or other party.
Interim Measures should be requested in writing; this includes through email. The university may choose to implement Interim Measures even if a party does not request any Interim Measures.