Case: Department of Education OCR Title IX Investigation of Kentucky Wesleyan College

03-12-2062 | No Court

Filed Date: 2012

Closed Date: 2013

Clearinghouse coding complete

Case Summary

In the summer of 2013, a female student at Kentucky Wesleyan College filed a complaint with the US Department of Education, Philadelphia Office for Civil Rights (OCR). She alleged that college had violated Title IX by failing to respond appropriately to her report of sexual assault.On August 13, 2013, before the conclusion of the investigation, Kentucky Wesleyan and OCR entered into a voluntary resolution agreement to resolve the complainant’s allegations. By entering into the agreement, Kentuc…

In the summer of 2013, a female student at Kentucky Wesleyan College filed a complaint with the US Department of Education, Philadelphia Office for Civil Rights (OCR). She alleged that college had violated Title IX by failing to respond appropriately to her report of sexual assault.

On August 13, 2013, before the conclusion of the investigation, Kentucky Wesleyan and OCR entered into a voluntary resolution agreement to resolve the complainant’s allegations. By entering into the agreement, Kentucky Wesleyan did not admit to any violations of Title IX but did agree to change a number of its policies and practices related to Title IX. As a part of the agreement, Kentucky Wesleyan promised to:

  • Submit a revised Title IX grievance procedure to OCR for approval;

  • Develop a job description and training requirements for its Title IX Coordinator and any deputy coordinators ;

  • Provide annual training to all faculty and staff charged with implementing Title IX procedures;

  • Develop materials to inform all students of the school’s Title IX obligations and submit the materials to OCR for approval;

  • Create a campus focus group made up of student leaders, faculty, and staff that will provide input on program development seeking to ensure that all students understand their rights under Title IX;

  • Conduct an annual climate check to ensure effectiveness of steps taken pursuant to this agreement and submit any questionnaires to OCR for approval;

  • Designate a 24-hour, on-call counselor for victims of sexual violence;

  • Provide victims of sexual misconduct with appropriate interim remedies, including separating the complainant and respondent; and

  • Reimburse the complainant for any needed counseling services and the unused portion of her meal plan.

Kentucky Wesleyan agreed to submit all required documentation to OCR by October 1, 2013. OCR was entitled to initiate administrative enforcement or judicial proceedings to enforce the specific terms of the agreement after giving Kentucky Wesleyan 60 days notice to first cure the alleged violation. Because there has been no further activity on the docket, the case is presumed closed.

Summary Authors

Hope Brinn (1/10/2019)

Documents in the Clearinghouse

Document

03-12-2062

Voluntary Resolution Agreement

Aug. 13, 2013

Aug. 13, 2013

Settlement Agreement

03-12-2062

[Kentucky Wesleyan College Letter of Findings]

Aug. 15, 2013

Aug. 15, 2013

Findings Letter/Report

Resources

Docket

Last updated Aug. 30, 2023, 2:27 p.m.

Docket sheet not available via the Clearinghouse.

Case Details

State / Territory: Kentucky

Case Type(s):

Education

Special Collection(s):

Title IX, Sexual Violence Investigations/Resolutions

Key Dates

Filing Date: 2012

Closing Date: 2013

Case Ongoing: No

Plaintiffs

Plaintiff Description:

The complainant was a student at Kentucky Wesleyan College who alleged that she was sexually assaulted.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: Unknown

Filed Pro Se: Unknown

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Kentucky Wesleyan College (Owensboro, Daviess), Non-profit or advocacy

Defendant Type(s):

College/University

Case Details

Causes of Action:

Title IX of the Education Amendments of 1972, 20 U.S.C. §§ 1681 et seq.

Special Case Type(s):

Out-of-court

Available Documents:

Injunctive (or Injunctive-like) Relief

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Damages

Source of Relief:

Settlement

Form of Settlement:

Private Settlement Agreement

Content of Injunction:

Other requirements regarding hiring, promotion, retention

Implement complaint/dispute resolution process

Training

Issues

Discrimination-basis:

Sex discrimination

Affected Sex or Gender:

Female

Type of Facility:

Non-government for-profit