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Case Name Department of Education OCR Title IX Investigation of University of Notre Dame ED-IN-0002
Docket / Court 05-11-6901 ( No Court )
State/Territory Indiana
Case Type(s) Education
Case Summary
The United States Department of Education, Office of Civil Rights (OCR) initiated an investigation on December 3, 2010, to determine whether the University of Notre Dame was in compliance with Title IX of the Education Amendments of 1972 and its implementing regulations. OCR specifically ... read more >
The United States Department of Education, Office of Civil Rights (OCR) initiated an investigation on December 3, 2010, to determine whether the University of Notre Dame was in compliance with Title IX of the Education Amendments of 1972 and its implementing regulations. OCR specifically investigated the university's policies and procedures related to peer sexual harassment of students and its implementation of those policies and procedures.

The investigation determined that while the university's policies and procedures were widely available, students and university staff were not always clearly instructed as to the processes that would be allowed after a report of sexual assault or sexual misconduct was made to the university. The policies were also not consolidated and somewhat inconsistent.

The university entered into a voluntary Resolution Agreement on July 1, 2011. As part of the Agreement, the university committed to improving its policies and procedures relating to sexual harassment, and their implementation, to investigation promptly all incidents of sexual harassment to which it had notice, to taking appropriate disciplinary action against students and others who violate the policies and procedures, and to take prompt and effective action to end sexual harassment and prevent its recurrence. The university also agreed to make it clearer to students and the public how to report sexual harassment. Additionally, the university was required to make changes to its current sexual harassment policies and procedures, including a clear statement of the legal standard (the "preponderance of evidence" standard) used to evaluate allegations of sexual harassment. The university agreed to ongoing monitoring by OCR until it fulfilled the terms of the agreement, and was also required to provide reports of its progress to OCR.

Elizabeth Heise - 12/10/2018


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Issues and Causes of Action
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Issues
Content of Injunction
Develop anti-discrimination policy
Implement complaint/dispute resolution process
Monitoring
Defendant-type
College/University
Discrimination-basis
Sex discrimination
General
Assault/abuse by residents/inmates/students
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) University of Notre Dame
Plaintiff Description Students at the University of Notre Dame who were affected by the university's peer-to-peer sexual harassment policies and procedures.
Class action status sought No
Class action status granted 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 2011 - n/a
Filing Year 2010
Case Ongoing No reason to think so
Additional Resources
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  Chronicle of Higher Education, Title IX Tracker: University of Notre Dame
Chronicle of Higher Education
Date: Dec. 26, 2018
By: Chronicle of Higher Education
[ Detail ] [ External Link ]

Docket(s)
No docket sheet currently in the collection
General Documents
Resolution Agreement
ED-IN-0002-0001.pdf | Detail
Date: 07/01/2011
[Notre Dame Resolution Letter]
ED-IN-0002-0002.pdf | Detail
Date: 07/01/2011
[Notification letter for University of Notre Dame]
ED-IN-0002-0003.pdf | Detail
Date: 12/23/2016
[Notification letter and data request for University of Notre Dame]
ED-IN-0002-0004.pdf | Detail
Date: 12/23/2016

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