Filed Date: 2008
Case Ongoing
Clearinghouse coding complete
In 2008, a complaint was filed in the Department of Education, Office of Civil Rights (OCR) alleging that the Virginia Military School had violated Title IX of the Education Amendments of 1972. The complaint made five specific allegations: 1) the college's complaint procedures did not provide for equitable resolution of cadet and employee complaints; 2) the college permitted an environment that was hostile to female cadets in both the barracks and the classroom; 3) the college's marriage and parenthood policy discriminated against female cadets; 4) the college's tenure, promotion, and sabbatical processes discriminated against female faculty; and 5) the college's fitness test discriminated against female cadets by using a scale based only on male performance. OCR opened an investigation to resolve these allegations.
On November 19, 2008, OCR closed investigation into the allegation that the college employed a discriminatory fitness test because the college no longer used a scale based only on male performance, and instead initiated the use of two scales based on male and female performance.
Based on its investigation of the remaining four allegations, OCR determined that the college's grievance procedures failed to comply with Title IX, and that the college failed to provide a prompt and equitable response to complaints of sexual harassment and sexual violence. Prior to the conclusion of OCR's investigation, the college agreed to revise its marriage and parenthood and tenure and promotion policies to bring them into compliance with Title IX.
On April 30, 2014, the college entered into a Voluntary Resolution Agreement. As part of the Agreement, the college agreed to update its policy on sexual harassment, sexual assault, discrimination, and retaliation, and to revise its Title IX Grievance Procedures. OCR agreed to review the updated policies to ensure that they included, among other requirements, accurate definitions of various types of sex discrimination, an explanation of how to file a complaint under the procedures, and a provision for the investigation of complaints. The college also agreed to provide annual Title IX training to relevant staff and cadets, as well as additional training about non-discrimination, Title IX, and sexual assault and harassment allegations to all cadets, faculty, and staff. The college also agreed to conduct annual climate assessments, and to assess the effectiveness of its anti-harassment efforts at least annually. The college agreed to allow ongoing monitoring by OCR until it had fully complied with the Agreement and with the regulation implementing Title IX.
Summary Authors
Elizabeth Heise (11/29/2018)
Last updated Aug. 30, 2023, 3:26 p.m.
Docket sheet not available via the Clearinghouse.State / Territory: Virginia
Case Type(s):
Key Dates
Filing Date: 2008
Case Ongoing: Yes
Plaintiffs
Plaintiff Description:
Students and faculty at Virginia Military School alleging sex discrimination.
Plaintiff Type(s):
Public Interest Lawyer: Unknown
Filed Pro Se: Unknown
Class Action Sought: No
Class Action Outcome: Not sought
Defendants
Virginia Military Institute (Lexington, Lexington), State
Defendant Type(s):
Case Details
Causes of Action:
Title IX of the Education Amendments of 1972, 20 U.S.C. §§ 1681 et seq.
Special Case Type(s):
Available Documents:
Injunctive (or Injunctive-like) Relief
Outcome
Prevailing Party: Plaintiff
Nature of Relief:
Injunction / Injunctive-like Settlement
Source of Relief:
Form of Settlement:
Order Duration: 2014 - None
Content of Injunction:
Develop anti-discrimination policy
Other requirements regarding hiring, promotion, retention
Implement complaint/dispute resolution process
Issues
General:
Assault/abuse by residents/inmates/students
Discrimination-basis:
Affected Sex or Gender: