65 advisor may provide support and advice to the parties at any meeting and/ or proceeding. Other than at a live hearing for the sole purpose of conducting any cross-examination, an advisor may not speak on behalf of a party or otherwise participate in, or in any manner delay, disrupt, or interfere with meetings and/or proceedings. The university will not unduly delay the scheduling of meetings or proceedings based on an advisor?s unavailability. An advisor may be asked to meet with a university administrator in advance of any proceedings to understand the expectations of the role, privacy considerations, and appropriate decorum. EMERGENCY REMOVAL The Title IX Coordinator, in consultation with other university employees as appropriate, retains the right to remove a Respondent from the university?s Program or Activities on an emergency basis. A Respondent may be removed on an emergency basis when, based on an individualized safety and risk analysis, the university determines that an immediate threat to the physical health or safety of any individual arising from the allegations of Sexual Harassment justifies removal. A Respondent who is subject to emergency removal from the university?s Programs and Activities will be provided notice and an opportunity to challenge the decision promptly following the removal MANDATORY DISMISSALS If the conduct alleged in the formal complaint would not constitute sexual harassment as defined even if proved, did not occur in the university?s education program or activity, or did not occur against a person in the United States, then the university must dismiss the formal complaint with regard to that conduct for purposes of sexual harassment under Title IX only. Such dismissal does not preclude action under - Sex-based Misconduct procedures or - Another provision of the university?s conduct standards. DISCRETIONARY DISMISSALS The university may dismiss a formal complaint for the purposes of sexual harassment under Title IX if the complainant notifies the AP/TIX in writing that the complainant wishes to withdraw it, if the respondent is no longer enrolled or employed by the university, or if specific circumstances prevent the university from collecting evidence sufficient to reach a determination (for example, when the complainant has ceased participating in the process; in certain fact specific cases when the passage of time precludes the collection of sufficient evidence; when complainant?s identity is not known; and when the exact same allegations have already been investigated and adjudicated). Such dismissal does not preclude action under - Sex-based Misconduct procedures or - Another provision of the university?s conduct standards. Upon a dismissal required or permitted pursuant to the above, the university must promptly send written notice of the dismissal and the reason(s) therefore simultaneously to the parties. The parties must be given the opportunity to appeal a dismissal to the designated AA in accordance with the appeal procedures referenced above. NATIONAL RESOURCES RAINN (Rape, Abuse & Incest National Network) RAINN operates the National Sexual Assault Hotline (800.656.HOPE and https://hotline.rainn.org/online) in partnership with more than 1,000 local sexual assault service providers across the country. RAINN also carries out programs to prevent sexual violence, help victims, and ensure that rapists are brought to justice. National Domestic Violence Hotline: Highly-trained advocates are available 24/7/365 to talk confidentially with anyone experiencing domestic violence, seeking resources or information, or questioning unhealthy aspects of their relationship. 1.800.799.7233 or visit http://www.thehotline.org A special exam should be conducted as soon as possible following an assault to ensure your physical well-being and to collect evidence that may be useful in criminal proceedings. The exam can be conducted without the involvement of law enforcement personnel. Even if you have not been physically hurt, this forensic exam is strongly recommended to maintain all of your legal options. After the evidence is collected, it can be stored in case you wish to press criminal charges. The exam is generally performed by a Sexual Assault Nurse Examiner (SANE). PD will also assist by arranging transportation to and from the center where the exam is conducted.
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