Can a college or university change a respondent's class schedule as an interim measure under the Title IX Final Rule?

A college or university can change a respondent's class schedule as an interim measure under the Title IX Final rule. Doing so would be considered a supportive measure to the benefit of the complainant. Supportive measures can be provided to both the complainant and the respondent. In this instance, it would be a supportive measure to the complainant.

That being said, under the Title IX Final rule, before a score to impose any disciplinary sanction or action that would not be a supportive measure, or that would be adverse to a respondent, the school's supposed to follow a Title IX grievance process.

This does come up often enough where a school would try to remove a respondent from a complainant's class so that the complainant does not need to be, say, arguably burdened by having the respondent in the complainant's class. As to if this is appropriate, that's a separate consideration and also in terms of what recourse a respondent has to seek that that matter be reconsidered. If again, it's just based on allegations at that stage, that's a separate consideration yet.

There's so many considerations and nuances in a Title IX case, and each step needs to be calculated and responded to accordingly. Having an experienced attorney-advisor in one's corner from as early as possible in the process will help best protect accused student's rights and interests.

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