Princeton University reached an agreement with the U.S. Department of Education last Wednesday to end an ongoing investigation of its sexual assault policy said to be in violation of Title IX, which bans discrimination on the basis of sex in educational institutions.
The investigation, which began in 2011, was prompted by three sexual misconduct cases that Princeton was found to have dealt with improperly. In two of the cases, accused students were not allowed to appeal their decision, and in the third, a student found guilty of sexual misconduct was allowed to remain on campus for a significant period of time after the decision.
The violation occurred because Princeton was one of the last universities in the country to continue using the “clear and convincing” standard in matters of sexual assault, which stipulates there must be a 75 percent chance the accused is responsible for the assault. The Office of Civil Rights found this was in violation of the Title IX preponderance clause, which holds the accused is guilty if he or she is more likely than not responsible for the assault.
The investigation also found the institution failed to provide equal appeal rights to both the accused and the plaintiff. Only the accused was permitted to appeal to the court once a decision was made.
Under the new agreement, Princeton will grant both the accused student and the complainant equal appeal rights in front of the school’s committee on sexual misconduct. They must handle new cases within roughly 45 days and re-examine all complaints filed between the start of the 2011-12 academic year and Sept. 1 of this year to determine whether cases were dealt with appropriately.
“The agreement reaffirms our commitment to address all matters of sexual misconduct in ways that are fair, effective and transparent, and our determination to ensure a campus climate that places high priority on prevention and support, and on ensuring safety and freedom from discrimination for all members of our campus community,” Princeton President Christopher Eisgruber said in a statement.
According to a statement released by the Department of Education’s Office of Civil Rights, the university will develop and promote educational campaigns on safety and “deter retaliation.”
“I applaud Princeton University for its commitment to ensuring a community-wide culture of prevention, support, and safety for its students, staff, and community,” Catherine Lhamon, assistant secretary for civil rights, said in the statement. "We look forward to continuing to work cooperatively with Princeton to implement this agreement."
Princeton spokesperson Martin Mbugua said in a statement the findings of the investigation do not carry any penalties.
The Department of Education is currently investigating 85 colleges and universities due to complaints filed by individuals regarding the adjudication of cases of sexual assault.
The University is also on this list, and has been under investigation for three years.
Assoc. Dean of Students Nicole Eramo said the University entered into a five-year review of its sexual misconduct policies beginning in spring 2011. Soon after, a “Dear Colleague” letter released by the Department of Education included further revisions to university policies on a national scale, including the preponderance standard. That same year, the University adopted the standard and has since been re-assessing past cases.
The University continues to revise its policies on sexual assault to comply with the federal government, recently adopting the provisions of the “Campus Save Act,” which requires universities enact "primary prevention and awareness programs" regarding sexual misconduct and related offenses. The Hoos Got Your Back campaign, enacted this semester to promote bystander intervention, is intended to fill this role.
The University handles cases in a timeframe of generally 60 days, save for extenuating circumstances or if the complainant decides to retract the accusation. Both parties are granted equal appeal rights.
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