The U.S. Department of Justice has found that the University of New Mexico violates federal law in how it responds to reports of sexual harassment and assault, the department said on Friday in a news release. <> Read the story here.
News and Commentary on Affirmative Action, Equal Opportunity, Civil Rights and Diversity - Brought to you by the American Association for Access, Equity, and Diversity (AAAED)
Monday, April 25, 2016
Brigham Young Student Who Sought Immunity for Assault Victims Files Title IX Complaint
The Brigham Young University student who started an online petition to demand that an immunity clause for victims of sexual assault be added to the Mormon institution’s strict honor code has now filed a federal Title IX complaint against the university, the Huffington Post reports.
Read the story here.
Related content:
- At Brigham Young, a Cost in Reporting a Rape (The New York Times)
- As Protests Grow, BYU Releases Unusual Video to Defend Sex-Assault Response (The Chronicle of Higher Education)
Monday, February 29, 2016
Education Dept. Defends Its Approach to Title IX in Face of Senate Pressure
The Education Department is standing by its controversial guidance to colleges on sexual harassment and sexual assault in response to questions raised by a prominent Senate critic.
Read the story here.
Related content:
- Colleges Are Frustrated Over Lack of Clarification on Title IX Guidance (Inside Higher Ed)
- Why a Congresswoman Is Pressing Colleges to Do More on Harassment (The Chronicle of Higher Education)
- Astronomer Geoff Marcy’s Downfall (The Chronicle of Higher Education - requires paid subscription)
- Lawmaker Calls Out a Professor — and Colleges — on Sexual Harassment (The Chronicle of Higher Education - requires paid subscription)
- Peyton Manning mentioned in Title IX lawsuit against University of Tennessee (CNN)
Tuesday, December 1, 2015
Here’s the real reason 9 out of 10 colleges report no rapes last year
A new analysis of campus crime data has revealed that 91 percent of U.S. colleges had no reported cases of rape in 2014, according to the American Association of University Women. That should be good news, but we know sexual assault is far more common than that. A 2014 survey of more than 150,000 students across the country found that nearly one in four college women had experienced sexual violence on campus. And under the Clery Act, a school is required to report every sex crime that happens on its grounds to the Department of Education
Read the story here.
Related content:
Monday, November 23, 2015
Opposition to Safe Campus Act Continues
UPDATE: The North-American Interfraternity Conference and the National Panhellenic Conference withdrew their support of the Safe Campus Act on Friday. Both groups said in statements that they will continue to support the Fair Campus Act, which includes many of the same provisions, but would not require students to report an assault to police before allowing a campus investigation.
Read the story here.
Related content:
- How a Prominent Legal Group Could Change the Way Colleges Handle Rape (The Chronicle of Higher Education - requires paid subscription)
- How Much Can Campus-Crime Reports Tell Us About Sexual Assault? (The Chronicle of Higher Education)
- For Study-Abroad Offices, Sexual-Assault Cases May Be Unfamiliar Territory (The Chronicle of Higher Education - requires paid subscription)
- Safe Campus Act Continues To Lose Support (The Huffington Post)
- 15 of Female Freshmen Are Raped While Incapacitated, Study Suggests (The Chronicle of Higher Education)
Monday, November 9, 2015
King’s Way Baptist Church Sued By EEOC for Retaliation
ATLANTA - The King's Way Baptist Church, Inc. of Douglasville, Ga., violated federal law when it fired a kindergarten teacher at its King's Way Christian School for reporting sexual harassment by its chief executive officer / pastor, the U.S. Equal Employment Opportunity Commission (EEOC) charged in a lawsuit it filed recently.
Read the press release here.
Tuesday, October 20, 2015
University of California Examines Deadlines for Disciplining Professors in Sexual Harassment Cases
Facing criticism for not taking harsher action against a famous astronomer found to have repeatedly violated the University of California’s sexual harassment policies, the system is vowing to re-examine its deadlines for pursuing termination of tenured professors accused of misconduct. In so doing, it joins a number of other institutions that have recently re-evaluated their policies surrounding the reporting of harassment to give alleged victims more time.
Read the story here.
Related content:
- Why Colleges Have a Hard Time Handling Professors Who Harass (The Chronicle of Higher Education - requires paid subscription)
- Geoffrey Marcy, Astronomer at Berkeley, Apologizes for Behavior (The New York Times)
- How Astronomers Sought to Intervene With Geoff Marcy — and What’s at Stake for Women in the Field (The New York Times)
- California looks again at powers in wake of Marcy case (Times Higher Education)
- UC Berkeley astronomer resigns over sexual harassment investigation (Inside Higher Ed)
The Promise of Title IX: Sexual Violence and the Law
Ask any student organizing against campus rape what question he or she most often hears, and the answer will likely be: why are schools handling these cases at all? The clear legal answer is Title IX of the 1972 Education Amendments, which requires most schools to take active steps toward eliminating discrimination on the basis of sex, including preventing and responding to sexual harassment, so that students can continue to learn. What is truly puzzling then, is not the question itself, but the persistence with which it’s asked.
When most people hear “rape,” they think “crime,” and only crime. This limit to our collective thinking about gender violence and what to do about it means that we overlook the distinction between criminal proceedings and the alternative that Title IX presents to students on campus. Instead of viewing school disciplinary proceedings for rape or harassment as failed attempts at criminal adjudication, we should understand them as means to a different end—to address sexual violence on campus as a civil rights issue.
Read the story here.
Related content:
- Sexual Assault on Campus: Facing the Realities (The Chronicle of Higher Education Report)
Tuesday, September 22, 2015
Dept. of Education: U-Va. violated federal rules for responding to sexual violence
The University of Virginia violated federal rules on sexual violence issues several times in recent years, failing to provide “prompt and equitable” responses to allegations of sexual assault, the U.S. Education Department said Monday.
Virginia’s flagship public university fell short in its handling of 22 of 50 reports of sexual harassment from 2008 to 2012, the department said. Twenty-one of those reports alleged “sexual assault, some including rape and gang rape.”
Read the article here.
Read the official U.S. Department of Education press release here.
Related content:
- In secret letter, feds sternly criticized U-Va. for handling of sexual violence (The Washington Post)
Nearly 1 in 4 women say they have been sexually assaulted, survey finds
Nearly one-quarter of female undergraduate students who responded to a survey created by the Association of American Universities said they have experienced a sexual assault of some kind since enrolling in college. While the survey includes a broader definition of sexual assault than some researchers on the topic advocate using, it also breaks down types of sexual assault and found that 11 percent of female students reported that the sexual assault involved penetration.
Read the story here.
Friday, July 29, 2011
AAUP Urges Education Dept. to Reconsider Sexual-Harassment Guidance
The Ticker
May 5, 2011, 5:20 pm
The Foundation for Individual Rights in Education has told the U.S. Education Department’s Office for Civil Rights that the agency failed to acknowledge students’ First Amendment rights in its April 4 “Dear Colleague” letter offering guidelines for colleges and schools dealing with allegations of sexual assault.
Full Story: http://chronicle.com/blogs/ticker/free-speech-group-voices-concerns-over-education-dept-s-letter-on-sexual-assault/32789
Tuesday, July 5, 2011
U. of Notre Dame to Clarify Sexual-Harassment Policies in Settlement With Education Department
By Molly Redden
July 1, 2011
The U.S. Education Department's Office for Civil Rights announced on Friday that it had reached a settlement with the University of Notre Dame about its handling of sexual-harassment cases. The deal is the first public step the office has taken in such matters since its "Dear Colleague" letter in April outlined how colleges should respond to allegations of sexual assault.
Robb Jones, senior vice president and general counsel for claims management at United Educators Insurance, a major insurer of colleges, says the department's investigation of Notre Dame is a significant first sign of how the letter will be applied: "cookbook style," he says, without much flexibility in evaluating colleges' policies.
Full Story: http://chronicle.com/article/U-of-Notre-Dame-to-Clarify/128128/?sid=at&utm_source=at&utm_medium=en
Sunday, June 19, 2011
Wrong People on Trial?
June 7, 2011
This month, two national television news shows featured college women who had accused other students of rape -- and whose cases, as the women described them, had been swept under the rug by their universities' judicial processes, which they say were biased against them. They said they were smeared at their hearings, re-victimized in a process essentially contrived to get the alleged perpetrator off the hook.
“The entire tone of the hearing was to blame the victim,” the woman from Indiana University said. “The school allowed it, they condoned it; they didn’t do anything to stop it.” The Wake Forest University student said, “Their defense was, 'She forced me to do this.' That I was a whore and I was promiscuous and that I was someone who would want this to happen. I was very intimidated. This was about them, and when it continued to be about me for the next nine hours, I was angry.” A University of the Pacific student said, "So much of what they focused on was not the actual assault. Tons of questions about how much alcohol I was drinking, and a focus on flirting."
Full Story: http://www.insidehighered.com/news/2011/06/07/women_raise_questions_about_university_judicial_hearings_under_title_ix
Monday, May 16, 2011
Oklahoma Regents Approve Sexual Assault Rule
by Associated Press , May 16, 2011
NORMAN, Okla. — The University of Oklahoma Board of Regents voted Thursday to lengthen the time frame during which victims of sexual assault on campus can decide if they want the university to pursue disciplinary action against the assailant.
The board voted unanimously to revise the policy regarding sexual assault. The new revision increases the time frame from 30 days to 365 days for which victims can decide if they want the university to pursue further disciplinary action.
Full Story: http://diverseeducation.com/article/15605/
Thursday, April 14, 2011
New Title IX Rules Directly Hit Harvard and Yale
Monday, April 4, 2011
Education Dept. Issues New Guidance for Sexual-Assault Investigations
Sunday, February 27, 2011
Colleges’ actions in sexual assault cases scrutinized
New England Center For Investigative Reporting / February 27, 2011
Department of Education touts stricter sanctions
It was supposed to be a fun college version of Friday night at the movies. A group of students at the Massachusetts College of Art and Design in Boston gathered in a classroom building, spending the autumn evening in 2009.
But in the middle of the night, a 28-year-old sophomore said she woke to find a male student, whom she did not know apart from seeing him in class, fondling her, according to a police report. He was found responsible following a campus disciplinary procedure.
MassArt sanctioned him by placing him on probation until graduation, and ordering him to stay away from the victim and participate in an educational workshop and counseling, according to US Department of Education records obtained by the New England Center for Investigative Reporting. The victim complained to the department’s Office for Civil Rights about the inadequacy of the sanctions, but the agency determined the school did nothing wrong, the records show.drinking rum and Cokes and watching films.
Full Story: http://www.boston.com/news/local/massachusetts/articles/2011/02/27/colleges_actions_in_sexual_assault_cases_scrutinized/
Monday, January 31, 2011
Obama May Take Big Step Against Campus Sex-Assault
By Wendy Murphy
WeNews contributing editor
Monday, January 31, 2011
With several universities under investigation by the Department of Education for their handling of sexual assault complaints, Wendy Murphy is keeping a sharp eye out for Obama's expected Title IX advisory on the problem.
(WOMENSENEWS)--Momentum appears to be building to do more to prevent campus sex assault.
One major sign: President Obama plans to issue an advisory guided by Title IX, the federal law that requires schools to adopt "prompt and equitable" policies to fairly and effectively redress sexual harassment (including sexual assault) complaints.
This is a welcome development. It follows on the heels of growing concern that reports of sexual assault on campus are either being ignored or subjected to disciplinary hearings that are not compliant with federal law, to the disadvantage of victims and in violation of their rights under Title IX.
Full Story: http://www.womensenews.org/story/law/110128/obama-may-take-big-step-against-campus-sex-assault
Friday, June 18, 2010
University updates sexual assault policy
by thetuftsdaily on June 17, 2010
The University Office of Equal Opportunity and Affirmative Action (OEO) has quietly published an updated version of the University’s sexual assault policy to its website.
The language of the new policy is more comprehensive than the previous version, and it provides a detailed list of resources for victims of sexual assault. The nine-page document lists contact information for students, faculty, and staff on all three campuses, as well as additional numbers for off-campus resources located in the greater Boston area.
Full Story: http://blogs.tuftsdaily.com/thehill/?p=241
Monday, November 16, 2009
Cheesecake Factory Settles EEOC Suit in Case of Severe Same-Sex Sexual Harassment
PRESS RELEASE
11/10/09
Restaurant Chain Will Pay $345,000 to Six Male Employees Who Agency Alleged Were Repeatedly Sexually Assaulted
PHOENIX – Cheesecake Factory, Inc., a nationwide restaurant chain that touts itself as a place to create “lasting memories with family and friends,” will pay $345,000 and furnish other relief to settle a sexual harassment suit filed by the U.S. Equal Employment Opportunity Commission (EEOC), the agency announced today. The EEOC had charged that six male employees were subjected to repeated sexual harassment at the company’s Chandler Mall location.
In its lawsuit (EEOC v. Cheesecake Factory, Inc., CV 08-1207-PHX-NVW), the EEOC charged that Cheesecake knew about and tolerated repeated sexual assaults against six male employees by a group of male kitchen staffers. The company denied the allegations. However, according to the agency, the evidence overwhelmingly showed that the men suffered sexually abusive behavior, including abusers directly touching victims’ genitals, making sexually charged remarks, grinding their genitals against them, and forcing victims into repeated episodes of simulated rape. Managers witnessed employees dragging their victims kicking and screaming into the refrigerator, the EEOC charged.
Complaints to virtually every manager at the restaurant were made, but they never put a stop to it. Victims felt helpless, the agency said, and one finally had to call the police.
Sexual harassment violates Title VII of the Civil Rights Act of 1964. The EEOC filed suit after first attempting to reach a pre-litigation settlement.
Mary Jo O’Neill, regional attorney of the EEOC’s Phoenix District Office, said, “The evidence was clear, and everyone knew about it. Behind the lavish décor that the company boasts on its web site was a horribly dysfunctional workplace where male workers lived in fear.”
The two-year consent decree settling the suit, in addition to the monetary relief for the six victims, calls for the company to specifically train its employees and managers about sexual harassment and institute an ombudsman to field and address sexual harassment complaints by employees, among other injunctive measures. Failure by the company to fulfill its duties under the decree may mean court intervention and possibly sanctions.
Guy Knoller, one the EEOC trial attorneys who prosecuted this case, pointed out that the EEOC’s Phoenix District Office is prosecuting a similar case against Fleming’s Prime Steak House.
Acting District Director Rayford Irvin of the EEOC’s Phoenix District Office said, “I am glad that such a severe case of same-sex sexual harassment has been resolved and that we can steer the Cheesecake Factory in the right direction toward creating a safe work environment free of sexual harassment for all employees. I’d like to commend the superb investigative and litigation efforts made by the EEOC team in Phoenix.”
The EEOC enforces federal laws prohibiting employment discrimination. Further information about the EEOC is available on its web site at www.eeoc.gov.