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Case Name Department of Education OCR Title IX Investigation of Kentucky Wesleyan College ED-KY-0003
Docket / Court 03-12-2062 ( No Court )
State/Territory Kentucky
Case Type(s) Education
Special Collection Title IX, Sexual Violence Investigations/Resolutions
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.

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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.

Hope Brinn - 01/10/2019


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Issues and Causes of Action
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Issues
Affected Gender
Female
Content of Injunction
Implement complaint/dispute resolution process
Other requirements regarding hiring, promotion, retention
Training
Defendant-type
College/University
Discrimination-basis
Sex discrimination
Plaintiff Type
Private Plaintiff
Special Case Type
Out-of-court
Type of Facility
Non-government for profit
Causes of Action Title IX of the Education Amendments of 1972, 20 U.S.C. §§ 1681 et seq.
Defendant(s) Kentucky Wesleyan College
Plaintiff Description The complainant was a student at Kentucky Wesleyan College who alleged that she was sexually assaulted.
Class action status sought No
Class action status granted No
Filed Pro Se Unknown
Prevailing Party Plaintiff
Public Int. Lawyer Unknown
Nature of Relief Damages
Injunction / Injunctive-like Settlement
Source of Relief Settlement
Form of Settlement Private Settlement Agreement
Filing Year 2012
Case Closing Year 2013
Case Ongoing No
Additional Resources
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  Chronicle of Higher Education, Title IX Tracker: Kentucky Wesleyan College
Chronicle of Higher Education
Date: Nov. 29, 2018
By: Chronicle of Higher Education
[ Detail ] [ External Link ]

Docket(s)
No docket sheet currently in the collection
General Documents
Voluntary Resolution Agreement
ED-KY-0003-0002.pdf | Detail
Date: 08/13/2013
[Kentucky Wesleyan College Letter of Findings]
ED-KY-0003-0001.pdf | Detail
Date: 08/15/2013

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