Maryland's Frostburg State University Found in Violation of Title IX, Reaches
Agreement with U.S. Education Department to Address, Prevent Sexual Assault and
Harassment
----- Original Message -----
From: U.S. Department of Education
To: joeharcz@xxxxxxxxxxx
Sent: Friday, September 09, 2016 1:40 PM
Subject: Maryland's Frostburg State University Found in Violation of Title IX,
Reaches Agreement with U.S. Education Department to Address, Prevent Sexual
Assault and Harassment
Dear Colleague,
The U.S. Department of Education announced today that its Office for
Civil Rights (OCR) has entered into an agreement with Frostburg State
University of the University System of Maryland to ensure compliance with Title
IX of the Education Amendments of 1972 as it applies to sexual violence and
sexual harassment. The action follows an OCR investigation which found
Frostburg to be in violation of Title IX.
Title IX prohibits discrimination on the basis of sex in all education
programs or activities that receive federal financial assistance. OCR's Title
IX probe was based on complaints filed by two Frostburg students. OCR reviewed
more than 40 incidents spanning a five-year period.
OCR's investigation determined that the policies and procedures used by
Frostburg to investigate and respond to sexual assault and violence did not
comply with Title IX.
Frostburg was found to be in violation of Title IX for failing to
promptly and equitably respond to complaints of sexual violence, including
sexual assault, and for failing to end the sexually hostile environment for the
two students.
Although one of the OCR complainants reported that she was sexually
assaulted in a campus safety vehicle by one of Frostburg's campus police
officers, Frostburg did not conduct its own Title IX investigation. The
officer ultimately pleaded guilty.
Deficiencies in Frostburg's Title IX case processing included:
a.. Required reporting by mandatory reporters that were not made even
though they had notice of an alleged rape.
b.. Reported off-campus incidents and incidents involving non-student
victims or perpetrators that were not investigated or were not fully
investigated.
c.. Repeated violations of a no contact order that were not properly
addressed and adequate steps to safeguard the victim were not taken.
d.. Sufficient interim measures that were not provided to victims.
e.. Requests for confidentiality that were not balanced against the
need to keep the community safe. And,
f.. Title IX investigations that were not launched due to an improper
reliance upon local or campus police investigations and reports.
In one instance, Frostburg did not conduct an investigation in accordance
with its policy and procedures, and instead resolved the complaint informally -
even though there were at least two additional complaints filed against the
same alleged perpetrator. In another instance, the reporting and accused
parties waited nearly 10 months for a determination.
Since the filing of the OCR complaints, Frostburg implemented new
consolidated policies and procedures that correct many of the deficiencies
identified in OCR's investigation. Importantly, Frostburg will use the correct
"preponderance of the evidence" standard to investigate sexual assault and
violence allegation.
Under the terms of the agreement, Frostburg also will:
a.. Reimburse the two complainants for expenses for counseling,
academic, and/or therapy services.
b.. Address the specific investigative deficiencies OCR identified by
case including, but not limited to, failures to conduct adequate
investigations, provide written notice of remedial services, and provide
written notice of the outcome of the complaint investigation to the parties.
c.. Review the complaints and reports of sexual harassment and sexual
assault made from the beginning of the 2011-2012 academic year through the date
of the agreement, to determine whether Frostburg investigated each complaint or
report promptly and equitably.
d.. Publish an anti-harassment statement, revise its Title IX grievance
procedures, and confirm that it has properly designated a Title IX coordinator.
e.. Provide training to ensure that all members of the Frostburg
community - including students, faculty, administrators, and other staff - are
trained regularly on Title IX sexual harassment and violence requirements.
f.. Enhance its outreach and collect and respond to feedback from
students regarding Title IX issues, including by conducting climate checks with
students on campus to assess the effectiveness of Frostburg's steps taken to
provide a safe campus environment.
g.. Convene a committee, composed of staff, students, and community
representatives, to develop and implement a plan for educating students and
employees about sexual harassment and assault.
h.. Provide OCR with copies of Frostburg incident files of alleged
sexual harassment or sexual assault for the next two academic years.
A copy of the resolution agreement is posted here. And, a copy of the
letter can be found here.
Thank you,
U.S. Department of Education
Office for Civil Rights
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