Emergency Removal Notice to College Students
After an allegation covered by Title IX, a college or university might send an email to the student called the “notification of emergency removal.” The notice comes after the college or univeristy receives a report of a violation of the student code of conduct covered by Title IX.
If the incident occurred on campus, the report might come from the campus police or safety office. The notice might provide:
Effective immediately, this correspondence serves to notify you that an emergency removal has been issued against the Respondent in this matter. Please understand that this emergency removal is not a disciplinary sanction, but an administrative action to maintain the status quo. No determination regarding responsibility should be inferred from the issuance of this order. Moreover, all parties may request to modify or remove this order under the review process described below.
In addition to the notice of emergency removal from the college or university, you will also receive notice of a disciplinary action to permanently remove you from the college or university or take some less drastic action.
Attorney for Emergency Removal in Florida
The attorneys at Sammis Law Firm represent college and university students after they are accused of a violation of the student code of conduct, Title IX violation involving sexual misconduct, or criminal act.
We represent clients throughout central Florida including University of South Florida (USF), University of Central Florida (UCF), University of Tampa (UT), St. Petersburg College (SPC), Saint Leo University, and Florida Southern College.
A student who receives such a notice should immediately notify their parents or other family members and seek out the advice of an experienced criminal defense attorney who is also familiar with conducting disciplianry hearings for college and university students.
Call 813-250-0500.
Types of Title IX Covered Acts of Misconduct
They types of Title IX covered acts of misconduct which includes:
- Sexual Harassment – unwelcome conduct on the basis of sex that falls into one of three categories:
- Quid Pro Quo Harassment: When a school employee conditions educational benefits or services on a person’s participation in unwelcome sexual conduct;
- Hostile Environment Harassment: Unwelcome conduct that is so severe, pervasive, and objectively offensive that it effectively denies a person equal access to the school’s education program or activity;
- Specific Acts: Sexual assault, dating violence, domestic violence, or stalking as defined by the Clery Act and the Violence Against Women Act (VAWA).
- Sexual Violence – A form of sexual harassment that includes physical sexual acts perpetrated against a person’s will or when a person is incapable of giving consent. It can encompass a range of behaviors, including:
- Sexual assault, including rape;
- Sexual battery; and
- Sexual coercion.
- Dating and Domestic Violence – Violence committed by a person who is or has been in a romantic or intimate relationship with the victim;
- Stalking – Engaging in a course of conduct directed at a specific person that would cause a reasonable person to fear for their safety or suffer substantial emotional distress;
- Retaliation – Any form of retribution, intimidation, or adverse action against an individual for reporting a Title IX violation, participating in an investigation, or otherwise exercising their rights under the law;
- Other forms of gender-based discrimination – Includes gender-based bullying, unequal treatment in athletic programs, or discriminatory dress codes.
Why is an emergency removal in place?
Under its Title IX policies, the college or university is required to respond quickly to emergency situations to protect the safety of the campus community. The college or university must conduct an individualized safety and risk analysis to determine whether the Respondent poses an immediate threat to the physical health or safety of a student or other individual arising from an allegation in a covered Title XI category.
The notice will explain the basis for the decision.
Each college or university has a Title IX policy that requires the Title IX Coordinator to considered whether less-restrictive means, such as a no contact order, could limit the risk of harm, and determined that a no contact order, standing alone, would not sufficiently protect the threatened individual(s) from immediate physical harm.
What is the scope of the emergency removal?
For the duration of the emergency removal, the notice usually explains that the Respondent is not permitted to enter the grounds of the college or university campus, which includes the following locations:
- any classrooms;
- and residential halls; or
- any off-campus college or university property.
The emergency removal does not typcially restrict the Respondent from accessing the college or university’s online resources.
Please note that a no contact order restricting the Respondent from contact with the Complainant may also be in place. Any restrictions imposed by a no contact order run alongside those imposed under this emergency removal.
How long will this restriction last?
The purpose of the emergency removal is to protect the safety of the threatened individuals. This order will last as long as necessary to effect this purpose. This order extends to time between semesters and during breaks.
If, upon further review, the Title IX Coordinator determines that the threat to physical safety no longer exists, then the emergency removal may be removed or modified at the institution’s discretion.
What happens if the emergency removal is violated?
The Title IX Grievance Process and Student Conduct of Conduct prohibit any act of retaliation, harassment, or intimidation designed to interfere with another person’s Title IX rights. Violation of this order may constitute an act of Title IX retaliation or otherwise violate campus policy and may result in additional disciplinary measures.
For more information, please visit the anti-retaliation policy of the college or university.
What if I need to come to campus?
You may have specific reasons for coming to campus that can be accommodated under this order, such as needing to pick up personal items, return a library book, or attend a live hearing. You must contact the Title IX Office to schedule a time to visit the campus. Do not come to campus without permission. You must be accompanied by an officer from Campus Safety during your visit.
Students residing on campus must be escorted to their room to collect their belongings during the interim period.
You might be asked to contact Campus Safety to arrange an escort, which will require you to provide your residence hall key to a staff member. You are expected to vacate your residence hall room within a reasonable timeframe, not to exceed six (6) hours from receipt of this letter.
Appeal of the Emergency Removal Order
If you wish to apply to remove this emergency removal order, you must do so in writing to the designated person listed in the notice. The Complainant also has the right to ask for the removal of this order.
This appeal fo the emergency removal order is not subject to the same hearing process as the determination regarding responsibility.
Request to Rescind or Modify the Removal Order
If you wish to apply to remove or modify this emergency removal order, you must do so in writing to the designated person listed in the notice. The Complainant also has the right to ask for the removal or modification of this order.
The determination is not subject to the same hearing process as the determination regarding responsibility.
As examples of modifications, both parties may request that the order be made less strict by reducing the number of locations covered under the order. The parties may also request to make this order stricter by expanding the scope of the order.
The college or univerity employee listed in the notice or their designee will conduct a review of any materials submitted by the student and will issue a written determination within 48 hours after receipt of the materials.
The determination will indicate whether the interim removal is supported, modified, or revoked. The appeal should include the following information:
- the Respondent’s name, address, university email address and phone number;
- a full description of the Respondent’s concern; and
- a statement of the resolution requested (for example, that the Emergency Removal be modified or rescinded in its entirety).
Upon receipt of the appeal, the Title IX Compliance Office will, as soon as practicable, provide the Respondent with notice acknowledging receipt of the appeal and will promptly initiate a Show Cause meeting to discuss the appeal; typically, a Show Cause meeting will be scheduled within one business day of the receipt of the Respondent’s appeal.
This meeting is for the Respondent to show cause why the Emergency Removal should be rescinded or modified.
This article was last updated on Thursday, September 3, 2025.
