These findings are summarized briefly as follows: First, the Department found that individuals responsible for investigating and adjudicating complaints of sexual misconduct do not or did not fully understand their roles and responsibilities in the process.
These misunderstandings appear to have contributed to at least one inequitable grievance process in a sexual assault case. Second, the Department found that the College has not consistently provided or enforced interim measures designed to protect students in the educational environment and ensure their equal access to education.
For example, in one instance, the College did not adequately investigate an alleged violation of a no-contact order by the respondent in a reported sexual assault case, even after the complainant alleged to the College that she had evidence of an intentional violation by the respondent.
This Agreement will remain in force for at least three academic years, and will not terminate until at least 60 days after the United States has received all of the reporting required through the second semester of the school year.
The United States will monitor the implementation of the Agreement until it determines that the College has fulfilled the terms of this Agreement and is in compliance with Title IX and its implementing regulations. The College policies and procedures to be revised include, but are not limited to: The College will ensure that these policies and procedures provide an easily accessible and user-friendly system for the prompt and equitable resolution of complaints alleging sex discrimination, use consistently defined terms and reporting options, and include, at a minimum, the following: On or before December 31, , the College will submit to the United States for review and approval proposed revisions of all policies, procedures, and other documents related to sex discrimination.
If the parties are unable to agree on the revisions within 30 days of the United States providing notice of any comments or concerns, the United States may pursue relief under the enforcement provisions of Section VI. The College will adopt the revised policies and procedures in this Section I within 14 calendar days of approval from the United States. Once the College adopts policies and procedures related to sex discrimination pursuant to the terms above, the College will not substantively modify those policies and procedures during the period of the Agreement without the approval of the United States.
Such approval will not be unreasonably withheld. All requests to modify such policies and regulations must be made in writing at least 30 days before the College intends to adopt the modification.
By December 31, , the College will provide revised Title IX training to all resident assistants, preceptors, the Counseling Center, Academic Advisors, and other College employees who are likely to be the first to receive complaints or other reports of sex discrimination.
The training will be in person and instruct attendees on recognizing and appropriately responding to initial allegations, reports, and complaints of sex discrimination, including responding in a trauma-informed way that does not discourage victims from reporting. The training also will instruct attendees on: By December 31, , the College will provide revised Title IX training to its students and will provide such training to all new students on an annual basis.
The training will be in person and provide attendees with instruction on: Beginning with the academic year, the College will ensure that all new employees complete the training required of them under Sections III. A-B above within one year of their employment start date. The system will require, at minimum, that: After the United States has approved the tracking system, the College will implement it and once a year evaluate whether any modifications are needed.
The College will submit any proposed modifications in writing to the United States for review and approval. Notice of Revised Policies and Procedures Within 45 calendar days after notice is provided to students and employees of the new grievance procedures, the College will provide the United States with documentation that it has implemented Section II of this Agreement, including copies of the written notices issued to students and employees regarding the new Title IX procedures; a description of how the notices were distributed; and a link to its webpage where the revised Title IX procedures are located.
Training and Professional Development The College will provide the United States with the revised training materials, with revisions clearly marked or described separately, conducted pursuant to Section III. A-C by December 31, The College will also provide information describing the expertise and experience with regard to Title IX of the person or persons conducting the training. If the United States chooses to provide comments on the proposed training or trainers, it will do so within 45 days of receipt of the materials.
The College also will provide an electronic database or spreadsheet of all the data required by Section IV. While the College will retain many of the questions in the survey across years to assess how survey responses evolve under this Agreement, the College anticipates that its and climate surveys will focus specifically on sexual respect, with an emphasis on sexual misconduct and bystander intervention.
The College anticipates that its climate survey will focus on substance abuse and reference sexual misconduct in that context. If the United States determines that the College has failed to comply with the terms of this Agreement or has failed to comply in a timely manner with any term of this Agreement, it will so notify the College in writing and will attempt to resolve the issue s in good faith with the College.
If the College, despite its good faith efforts, anticipates that it will be unable to meet any timeline set forth in this Agreement, it will immediately notify the United States of the delay and the reason for it.
The United States may provide a reasonable extension of the agreed timeline. The College understands that the United States will monitor this Agreement until it determines that the College has fulfilled the terms of this Agreement and is in compliance with Title IX and its implementing regulations, which were at issue in this case. DOJ will, to the extent possible, work cooperatively with the College to conduct further interviews with students or employees.
By signing this Agreement, the College agrees to provide data and other information in a timely manner in accordance with the reporting requirements of this Agreement. To ensure compliance with this Agreement, the United States may require additional monitoring reports or the ability to inspect data or other information maintained by the College as determined necessary by the United States. This Agreement will remain in force for at least three school years, and will not terminate until at least sixty 60 days after the United States has received all reporting required by this Agreement through the second semester of the school year.
This Agreement shall not bar any individual from pursuing a complaint under Title IX against the College. This Agreement has binding effect on the parties, including all principals, agents, executors, administrators, representatives, employees, successors in interest, beneficiaries, assigns, and legal representatives thereof.
Signatures of the Parties to the Resolution Agreement.