Friday, December 12, 2014

SMU Enters Compliance Agreement with OCR to Correct Title IX Violations in Handling Sexual Assault and Harassment Complaints

The U.S. Department of Education, Office for Civil Rights (OCR), released its findings yesterday that Southern Methodist University (SMU) failed "to promptly and equitably respond to complaints, reports and/or incidents of gender and sexual harassment of which it had notice."  OCR's investigation letter is here. OCR investigated three complaints by SMU students between June 2011 and March 2013 alleging gender harassment, sexual harassment, and sexual assault. One complaint alleged that SMU violated Title IX when the school failed to appropriately respond to a male student's report that he had been sexually assaulted by another mail student, and that SMU also failed to protect him from the retaliatory actions of the alleged perpetrator’s fraternity brothers and friends. The victim was subjected to taunting and harassment on campus after reporting the sexual assault. SMU did not conduct its own investigation of the complainant’s sexual assault allegation, and the complainant alleges that the school discouraged him from reporting the incident to off-campus law enforcement. A second complaint was from a former SMU employee who alleged that SMU's policies subjected female students to sexual harassment and staff members who complained were retaliated against. Another complaint involved a SMU law student whose law professor referred to her during class sessions and meetings at his home as a “prom/beauty queen,” “hired bimbo,” “bitchy,” “catty,” and “doody blonde." Although SMU investigated the complaint and required the professor to receive sexual harassment training (but did not require the law professor to write a letter of apology to the complainant), OCR noted that SMU never informed the complainant of the results of its investigation. As part of its compliance agreement with OCR, SMU has agreed to:

  • Revise and, following the office's review and approval, finalize its "interim" Title IX grievance procedures.
  • Create a pocket-sized card for all SMU employees with information about how to support students who report sexual misconduct and a checklist for staff members who may meet with a student to outline their rights and the resources available; clearer protections against retaliation.
  • Develop bystander intervention training.
  • Develop a procedure for sharing information between the SMU police and the school's Title IX coordinator.
  • Notify students and employees about the university's Title IX coordinators and their contact information in its nondiscrimination notice and in other publications.
  • Track harassment reports, investigations, interim measures, and resolutions.
  • Train staff and students on the revised university policies and procedures.
  • Conduct annual climate surveys.
  • Reimburse the law student complainant for university-related expenses and counseling.

https://lawprofessors.typepad.com/education_law/2014/12/smu-enters-compliance-agreement-with-ocr-to-correct-title-ix-violations-in-handling-sexual-assault-a.html

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