Supportive Measures and Protective Orders
Upon receipt of a report of Prohibited Conduct, the Equity Office will initially reach out to the Complainant and offer to provide reasonable and appropriate Supportive or Protective Measures designed to preserve the Parties’ educational or workplace experiences; protect the Parties during an investigation; address safety concerns for the broader University community; maintain the integrity of the resolution process; and/or deter further injurious actions and Retaliation. Supportive Measures are designed to maintain appropriate working or learning conditions, and Protective Measures involve a restrictive action against a Respondent. At the appropriate time, the Equity Office will also reach out to the Respondent regarding offered Supportive Measures.
Examples of Supportive or Protective Measures may include:
- assistance in accessing support services, including, as available, counseling, academic support, health or mental health services, both on and off campus, as applicable;
- modifications of work schedules, change in work locations, changing working arrangements, or providing other employment accommodations as appropriate;
- mutual restrictions on contact between the Parties (i.e., “no contact directives”);
- modifications of University housing, including but not limited to arranging for new housing, or providing temporary housing options, as appropriate;
- leaves of absence;
- restriction of access to classrooms, space, and/or resources of the Respondent;
- suspension of the Respondent; and/or
- other reasonable measures that can be used to achieve the goals of this Policy.
The determination of whether to implement Protective Measures for faculty, staff, or volunteers will be made by the Equity Office in consultation with Human Resources (and Office of Provost for faculty members) and may include consultation with the appropriate department(s) where the Complainant and Respondent work. The determination of whether to implement Protective Measures for students will be made by the Equity Office and may occur in consultation with the Vice President for Student Life, or its designee, or other offices as appropriate. While the Equity Office will not typically conduct investigations into Complaints against a Contractor or Contractor employees, in the event that Protective Measures for a Contractor or Contractor employees are needed, those measures will be coordinated with Procurement prior to decision and implementation. In appropriate cases the Equity Office will also coordinate with the divisional Vice President and the University’s Threat Assessment Group.
A Respondent may be suspended (paid or unpaid) from employment, volunteer activities, or from enrollment on an interim basis under appropriate circumstances as determined by the University, in its discretion. For example, suspension may occur when the University has received information which indicates that the continued presence on campus of the Respondent will likely have a serious detrimental effect on the physical, mental, or emotional health, safety, or well-being of another person; when physical safety is seriously threatened; or when the ability of the University to carry out its operations is threatened or impaired; or where the Equity Office in conjunction with Human Resources (for employee matters), Office of Provost (for faculty matters), the Vice President for Student Life (for student matters), or Baylor University Police Department concludes that other Protective Measures (such as a temporary transfer) are not feasible to address reasonable concerns under the circumstances. In these or other appropriate circumstances a Complainant may also be placed on a temporary leave of absence (paid or unpaid).
The decision to impose an interim suspension or leave of absence may be made at any point in the process. The University will implement Supportive or Protective Measures to Third Parties as appropriate and available, taking into account the role of the Third Party and the nature of any contractual relationship with the University. Any Supportive or Protective Measures will be designed to the extent reasonable and practicable to not disproportionately impact the Complainant. The University will maintain the privacy of any Supportive or Protective Measures provided under this Policy to the extent practicable. The University will promptly address any violation of Protective Measures.