UVA has been under investigation since 2011 for not following Title IX in how it handles sexual assault investigations. Some aspects of the prior policy did not provide fair process either to complainants or to students accused of sexual violence, and the University corrected this during the course of OCR’s review, which opened in June 2011. Numerous measures – involving ramped-up policies, staffing and training – already are in motion at U-Va.
Advertisement
The Department of Education and the university also released a joint agreement Monday, in light of the investigation’s findings, to address and prevent sexual assault on UVA’s campus. That was almost the same as the overall finding for victimization at the 27 schools.
For U-Va., the timing is particularly sensitive.
The agreement comes months after a Rolling Stone magazine article about a purported gang rape at the university last November sparked a debate about the prevalence of rape on college campuses throughout the United States.
Sullivan initially suspended the fraternity, but reinstated it in January, after local police said they couldn’t confirm the gang rape allegations.
“Recognizing that our academic community can thrive only when our students, faculty, and staff are free from the threat of harassment or harm, we are determined to address these issues directly”. President Teresa A. Sullivan said Monday. By signing a resolution agreement with OCR, we have agreed to take important steps to continue to improve our efforts in this area.
“By signing the resolution agreement, we have reaffirmed our commitment to continue taking steps we believe to be an important part of effective responses to sexual harassment and assault – urgent and complex societal issues of national importance that are challenging institutions of higher education and beyond”, Sullivan said.
At that time, 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 Department of Education prohibits discrimination on the basis of sex in any federally funded program.
As of last week, OCR said it was reviewing 163 cases at 139 colleges and universities. An adjudication process could take several years.
The Rolling Stone piece has since been widely analyzed, including by the magazine’s publisher and a group of investigators at the Columbia University Graduate School of Journalism.
The university must administer one or more annual climate assessments to students on issues concerning sexual violence. Without naming Eramo, the letter says she indicated that the university typically does not consider expulsion as a punishment for sexual misconduct, even in instances when a perpetrator admits culpability.
In a release, OCR states UVa’s current policy is the first university policy it has found that is fully compliant with Title IX since the OCR published its Frequently Asked Questions document in April 2014.
At least seven sexual harassment complaints were filed against one employee between 2005 and 2012, but the university failed to properly investigate the situation, according to the investigation.
Advertisement
Some sexual assault prevention advocates have suggested that U-Va.is too lenient toward sexual assailants. U-Va. officials, furious at the negative portrayal of their school, asserted strongly that they do not tolerate sexual misconduct and that they fully support students who report violence. That record contrasted with many who had been kicked out for academic dishonesty or other offenses.
