Interim Measures in New York Title IX Investigations

Interim measures are steps taken to ensure that students are protected during sexual assault investigations—and that they have equal access to educational activities and programs on college campuses—in the time it takes for the investigation to be resolved.

Under Title IX in New York, interim measures are required, and must be implemented promptly once the school receives notice of an incident.

Even if a complainant requests confidentiality, and the school is unable to fully investigate the claim and take action against the alleged perpetrator, it must still implement interim measures to protect the student. To understand such proceedings, it is crucial to contact an experienced attorney immediately.

A school must take into account several factors when deciding which types of interim measures to take. For example, if both the complainant and the alleged perpetrator share the same dormitory or classes, the school may choose to assist the complainant in making changes to their class schedule or choose to remove the alleged perpetrator from the residence hall.

Other factors a school may take into account when implementing interim measures include:

• The complainant’s specific needs
• The age of both students
• The nature and circumstances of the sexual violence incident
• The potential threat to the complainant, students, or wider college community

It is recommended that schools take interim measures so that it lessens the burden on the complainant, as opposed to the alleged perpetrator. For example, a school may choose to remove the alleged perpetrator from a class instead of the complainant in order to avoid placing extra stress on the complainant.  

Colleges and universities outline potential interim measures in their specific New York Title IX grievance procedures. As a result, interim measures may differ from school to school.

However, some of the most common types of measures to protect a student’s right to equal access to educational opportunities include:

• No Contact Orders
• Interim suspension
• Academic accommodations (changes to exam schedules, alternative course completion options, class schedule changes, etc.)
• Security measures (campus safety escorts, providing increased security on campus, etc.)
• Housing accommodations (changes to a housing contract, assistance with housing relocation, etc.)
• Medical/counseling services
• Academic support services
• Limiting an individual’s access to certain areas on campus
• Transportation assistance
• Voluntary leave of absence (for college employees)

No Contact Orders may be implemented as an interim measure to prevent the alleged perpetrator from contacting the complainant, either in person, through someone else, via social media, or through any other form of written or electronic communication.

No Contact Orders can be either requested from the complainant or alleged perpetrator, or imposed by the college. If an order is violated, the college may take swift, disciplinary action, even if the Title IX investigation eventually finds no fault.

When a Title IX report in New York City raises serious concerns about the well-being and safety of an individual, the campus community, or the university as a whole, the school may choose to place the alleged perpetrator on interim suspension while the investigation takes place.

Many schools review the reliability of the complainant’s information and the nature of the misconduct reported when deciding to implement this type of New York Title IX interim measure and when determining the specific conditions of the suspension.