The Office for Civil Rights has found that new University policies regarding sexual assault are in compliance with Title IX requirements after a four year compliance investigation.
However, the University was not compliant with Title IX regulations from the 2008-2009 school year through the 2011-12 school year.
President Teresa Sullivan signed a resolution agreement last Thursday with OCR to release the results to the University. The resolution does not constitute an admission to OCR findings but does imply a commitment to embracing Title IX requirements, she said.
OCR identified past deficiencies, finding the University not compliant with Title IX regulations between the 2008-09 year and 2011-12 year, with respect to three specific concerns after the 2011-12 year, according to a press release from the U.S. Department of Education.
“OCR also found a basis for a hostile environment for the affected students and that the university failed to take sufficient steps to eliminate a hostile environment and prevent its recurrence for the portion of the investigation that OCR completed,” the release read.
Out of 50 reports of sexual harassment made at the University between the 2008-09 and 2011-2012 year analyzed by OCR, the University was found to have failed to take “prompt and equitable action” in 22 cases, according to the review.
“Twenty-one of those reports alleged sexual assault, some including rape and gang rape,” the review read. “In all of these cases, the University failed to investigate or otherwise determine what occurred.”
In situations of formal sexual assault or harassment complaints filed during this time period, the University failed to promptly and equitably resolve these cases — both thorough the lack of remedies to eliminate the hostile environment or prevent its recurrence, according to the review.
OCR also found the University did not pursue informal complaints of sexual assault or harassment through the disciplinary process or consider the broader impact of these incidents on the student community unless the student chose to file a formal complaint.
“Once a school knows or reasonably should know about such harassment, Title IX requires the school to take immediate action to eliminate the harassment, prevent its recurrence and address its effects,” the review read. “The University failed to do so.”
Many issues have been resolved with the updated sexual assault policy, according to the review.
The resolution signed outlines reporting requirements, including mandatory climate assessments and the formation of a Student Campus Climate Committee, and responsibilities and training requirements for the University’s Title IX coordinator.
As a part of these requirements, Student Council will revise all CIO agreements to clearly state “that an organization’s student members’ failure to comply with the University’s policy related to Title IX may result in the University severing all ties with the organization,” President Abraham Axler said in a statement released by Student Council this afternoon.
Axler, a third-year College student, also said Council will work with the administration to ensure the newly formed Student Campus Climate Committee will represent a broad spectrum of students and a diverse set of University experiences.
“This committee will serve as a complement to the Vice President For Student Affair’s already existing Sexual Misconduct Advisory Committee,” Axler said. “These committees, working in tandem with Student Council’s Safety and Wellness committee, will ensure that on the issue of sexual misconduct prevention, the student voice will always be heard.”
Federal law under Title IX, enacted in 1972, requires that students not be denied the ability to participate fully in education and other opportunities due to one's sex. A “Dear Colleague” letter, published in 2011, outlined universities’ responsibilities under Title IX in addressing sexual assault.
The University was among 55 schools under investigation by OCR for potential violations of federal law over the handling of sexual misconduct complaints. OCR released a list of schools under investigation in May 2014.
The University and the College of William and Mary were the only Virginia institutions under investigation.
The University’s revised sexual misconduct policy, which went into effect July 1, is the first policy to be found compliant by OCR since their 2014 guidance, when they released a list of frequently asked questions regarding Title IX and sexual violence.
OCR called the policy “exemplary” and said the University provided consistent support and comfort to survivors.
At the time OCR’s guidance was given, the University lacked prompt and equitable responses to certain reports of sexual assault under the existing policy, coordination of Title IX responsibilities and providing distribution of the University’s notice of nondiscrimination.
The University has since hired a new full-time Title IX coordinator, a new full-time Clery coordinator and a new associate vice president for equal opportunity programs along with other key counseling staff and staff at the Women’s Center and implemented training and educational programs for students, faculty and staff.
The resolution agreement requires a three-year monitoring period during which OCR can visit the University, interview staff and students and request additional reports to determine compliance with the agreement.
The University would not have signed the resolution if there were plans to contest the findings of the investigation, Sullivan said. An adjudication process could take several years.
“I signed the resolution agreement because we’re always willing to do things to make ourselves better,” Sullivan said.
Letter of Finding from the U.S. Department of Education to the University of Virginia by Josh White
Letter of Finding from the U.S. Department of Education to the University of Virginia by Josh White
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