University of Michigan Law School
Civil Rights Litigation Clearinghouse
new search
page permalink
Case Name Department of Education OCR Title IX Investigation of Xavier University ED-OH-0002
Docket / Court 15-12-2048 ( No Court )
State/Territory Ohio
Case Type(s) Education
Case Summary
Three students filed complaints against Xavier University with the Office for Civil Rights (OCR). One complaint (15-12-2018), filed on November 15, 2011, alleged that the university failed to respond appropriately when a female student reported that she was sexually assaulted and then stalked by a ... read more >
Three students filed complaints against Xavier University with the Office for Civil Rights (OCR). One complaint (15-12-2018), filed on November 15, 2011, alleged that the university failed to respond appropriately when a female student reported that she was sexually assaulted and then stalked by a male student. The complaint also alleged that the university failed to follow its own written procedures or the procedural requirements of Title IX in addressing allegations of sexual harassment or assault. A second complaint (15-12-2048), filed on January 25, 2012, made similar allegations, and further alleged that the university did not follow through with the sanctions it imposed on the perpetrator for his conduct code violation, and did not take reasonable steps to prevent and eliminate sexual harassment of which it was on notice. Because the two complaints were substantially similar, as was a third complaint against the university the OCR was already investigating (15-11-2017), the OCR combined the three complaints into one investigation (15-12-2048) and administratively closed the other two on February 7, 2012.

The merged complaint alleged that the university failed to promptly and appropriately respond to allegations of sexual harassment, thus allowing a sexually hostile environment against female students to continue at the university, and that the university does not have Title IX grievance procedures. Based on the allegations of the merged complaint, the OCR investigated two issues, whether the university failed to promptly and appropriately respond to alleged sexual harassment in violation of Title IX, and whether the university had adopted and published grievance procedures providing for the prompt and equitable resolution of student complaints of discrimination on the basis of sex.

The university voluntarily entered into a Resolution Agreement on July 23, 2012. The Resolution Agreement required the university to submit revised Title IX grievance procedures to OCR by October 31, 2012, and update its procedures to comply with Title IX. The university was also required to provide training on sex discrimination and the university's responsibilities for the Title IX coordinator and other relevant university personnel, pay for counseling costs of one of the complainants, and to develop a pamphlet containing resources and information for students. The university agreed to submit documentation to OCR concerning its implementation of the agreement, and OCR continued to monitor the agreement until the university had fully complied.

The investigation has been closed, although the OCR's letter of findings has not been made public.

Elizabeth Heise - 11/23/2018


compress summary

- click to show/hide ALL -
Issues and Causes of Action
click to show/hide detail
Issues
Affected Gender
Female
Content of Injunction
Discrimination Prohibition
Implement complaint/dispute resolution process
Monitor/Master
Reporting
Training
Defendant-type
College/University
Discrimination-basis
Sex discrimination
General
Counseling
Language/ethnic/minority needs
Record-keeping
Plaintiff Type
Private Plaintiff
Special Case Type
Out-of-court
Causes of Action Title IX of the Education Amendments of 1972, 20 U.S.C. ยงยง 1681 et seq.
Defendant(s) Xavier University
Plaintiff Description students who experienced sexual assault or harassment while students at Xavier University
Class action status sought No
Filed Pro Se Unknown
Prevailing Party Plaintiff
Public Int. Lawyer Unknown
Nature of Relief Injunction / Injunctive-like Settlement
Source of Relief Settlement
Form of Settlement Private Settlement Agreement
Order Duration 2012 - n/a
Filing Year 2012
Case Ongoing No
Docket(s)
No docket sheet currently in the collection
General Documents
No documents currently in the collection

- click to show/hide ALL -

new search
page permalink

- top of page -