Supportive measures have become a crucial component of any Title IX-related report, allegation, or adjudication process, regardless of whether your educational institution enforces the 2020 or 2024 Title IX regulations. A Title IX Coordinator’s role is pivotal in ensuring that supportive measures are accessible, effective, and equitably applied to students and employees impacted by sex discrimination and sexual harassment. This guide provides an overview of supportive measures, implementation, and strategies to ensure fairness for all parties, regardless of which federal rulings schools currently follow.

Understanding Supportive Measures

Supportive measures are non-punitive, individualized services offered to parties involved in a Title IX process. Supportive measures can be issued before, during, or after the filing of a formal complaint or even in the absence of a formal complaint.

Perhaps most importantly, supportive measures must be fair, equitable, and unique to the involved parties’ needs. The ultimate goal is to restore or preserve equal access to the school’s education, program, or activity without unreasonably burdening either party.

Some examples of supportive measures include:

• Access to professional counseling services
• Extensions of deadlines or other course-related adjustments
• Changes in work locations or schedules
• Changes of housing locations, including specific rooms or floors
• Increased security or monitoring of certain areas on campus
• Access to confidential resources, including victim advocates
• Mutual no-contact orders between parties
• Adjustments to classes or class schedules 

Supportive measures should be designed to protect the safety of all parties, deter further misconduct, and ensure a non-discriminatory environment for all students and employees. Successful implementation should also allow for involved parties to more safely and comfortably access all components of their education, including academics, extracurricular activities, and social settings.

Implementing Supportive Measures Effectively

Make an Initial Assessment

When the Title IX Coordinator receives a sex discrimination or harassment report, they should conduct an initial assessment to determine the appropriate supportive measures. This assessment should involve:

• Asking the complainant if they currently feel safe on campus, if they share any classes, work assignments, or extracurricular activities with the respondent, and what, if anything, would help support their needs in the reporting process.
• Discussing the availability of supportive measures and explaining the process, emphasizing that they cannot be punitive to the respondent.
• Meeting with the respondent if a formal complaint is filed or an investigation has been launched to offer supportive measures without presuming responsibility.

The initial assessment should focus on immediate safety concerns, the need for academic adjustments, and any other requests made by the parties involved.

Determine Appropriate Supportive Measures

Consider the following factors when implementing supportive measures:

• The wishes and preferences of the complainant: While supportive measures should not be contingent upon the filing of a formal complaint or requesting an investigation, understanding the preferences of the complainant can guide decisions on which measures will be most effective.
• The respondent’s rights: It’s essential to offer supportive measures that do not unreasonably burden the respondent. This might involve providing mutual adjustments, such as moving both parties from their assigned housing or classes. 
• Safety and risk factors: Evaluate the level of threat posed to the safety of any individual or the broader campus community. In cases where there is a credible risk, more substantial measures, such as campus safety escorts or an emergency removal, may be necessary.

Implement the Supportive Measures

Once appropriate supportive measures have been identified, take the following actions:

• Coordinate with relevant departments: Communicate with the proper authorities depending on the parties’ needs (campus safety, housing, faculty, academic advisors, etc). Remember that supportive measures should respect the privacy of all parties involved as much as possible. Information regarding supportive measures should be shared only with those who need to know in order to implement them effectively.
• Document the supportive measures: Keep a detailed record of the measures provided, the rationale for selecting them, and any communication with the parties involved.
• Assess effectiveness: Maintain open communication with the parties to ensure the supportive measures are meeting their needs, and adjust them as necessary.

Adapting Supportive Measures Under Different Regulatory Frameworks

Schools may operate under varying Title IX regulatory guidelines, which can affect how supportive measures are used. However, the principles of equity and flexibility are integral to compliance. Title IX professionals should stay up-to-date on regulatory changes and adjust their supportive measures policies accordingly while, as always, prioritizing the safety and equity of the campus community.

How We Can Help

For general up-to-date Title IX information and how it affects you and your institution, join us for Title IX Thursdays on the first Thursday of every month. For more information about our Title IX consulting services, including advising, hearing adjudication, and investigation, contact us at [email protected].