UVA agrees to make changes after Title IX investigation

Federal reviewers said that during the last academic year, UVa had substantially revised how it investigates and resolves reports of sexual harassment and violence against students, among others.

Key staff have been added to provide enhanced counseling and support to survivors of sexual assault and to provide oversight of our compliance with evolving state and federal legislation.

The University of Virginia’s campus in Charlottesville.

Investigators also narrowed in on the statements made by Nicole Eramo, an associate dean of students who served as head of the UVA Sexual Misconduct Board, that students who admitted to sexual assault were not severely punished because the school was still not sure what happened.

OCR concluded that during the period of their review, the University did not fully comply with Title IX requirements with respect to providing prompt and equitable responses to certain allegations of sexual assault under our 2011 Sexual Misconduct Policy, providing adequate coordination of Title IX responsibilities, and providing adequate distribution of the University’s notice of non-discrimination.

This included instances in which the school did not promptly investigate information in cases that involved fraternities.

Federal officials previous year said UVa was one of 55 colleges and universities under review for allegedly mishandling sexual assault and harassment on campus. That was almost the same as the overall finding for victimization at the 27 schools.

For U-Va., the timing is particularly sensitive.

UVA’s record on sexual assault came under scrutiny in November with the publication of “A Rape on Campus” in Rolling Stone.

But, details of the report – including the description of how and where the rape happened – were soon questioned, as were the reporter’s fact-checking techniques, and the magazine publicly stated its mistrust of the woman who shared the gang rape story. With these efforts and more, we have taken important steps to promote and maintain a safe learning, living, and working environment for every member of our community. Individual cases, which are often extraordinarily complex, can be debilitating and heart-wrenching for everyone involved.

“By signing a resolution agreement with OCR, we have agreed to take important steps to continue to improve our efforts in this area”, Ms. Sullivan wrote.

Now, however, the university’s policy is “fully compliant”, the department said. An adjudication process could take several years. The only OCR case dating that far back is at the University of Massachusetts at Amherst.

A copy of the OCR letter to UVA can be found here.

The investigation also found a basis for a hostile environment for the affected students and the university failed to take sufficient steps to eliminate that environment. The Education Department said these faults have now been corrected in the university’s current policy.

“The radio interview communicates the official position of the university that limited sanctions would be imposed for sexual misconduct brought to the university’s attention”, the letter stated.

Sullivan declined to dispute the OCR findings, but she noted that in general the university has sought to keep up with a “fast-moving” set of federal guidance statements on Title IX.

The University would not have signed the resolution if there were plans to contest the findings of the investigation, Sullivan said.

From 2008 to 2012, the university did not respond promptly and equitably to many complaints that were not filed as formal complaints.

Some sexual assault prevention advocates have suggested that U-Va.is too lenient toward sexual assailants.