Partial Removals

As explained in the preamble to the 2024 Title IX regulations, in some cases, a recipient may remove a respondent from part of its education program or activity as a supportive measure, as long as doing so is consistent with the requirements of § 106.44(g) and the definition of supportive measures in § 106.2. See 89 FR 33617. The final regulations’ definition of supportive measures excludes any measures offered for “punitive or disciplinary reasons”; therefore, a partial removal cannot be offered as a supportive measure if the purpose is to discipline or punish the respondent. Similarly, a recipient may remove a respondent from part of its education program or activity on an emergency basis when doing so is consistent with the requirements of § 106.44(h), which require a recipient to complete an individualized safety and risk analysis and to afford the respondent notice and an opportunity to challenge the decision immediately following removal. See 89 FR 33617. However, the preamble to the 2024 Title IX regulations further clarifies that emergency removal is only appropriate when justified by an imminent and serious threat to health and safety, 89 FR 33615, and “it is not intended to serve as a substitute for grievance procedures that would resolve underlying allegations of sex discrimination.” Id. Further, § 106.45(h)(4) clarifies that a recipient may not impose disciplinary sanctions on a respondent unless it complies with the grievance procedures requirements in § 106.45 and, if applicable, § 106.46. Therefore, a recipient may not impose partial emergency removal for punitive or disciplinary reasons.