Case: Department of Education OCR Title IX Investigation of University of North Carolina at Chapel Hill

11-13-2051 | No Court

Filed Date: Jan. 17, 2013

Case Ongoing

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Case Summary

The United States Department of Education, Office for Civil Rights (OCR) received a complaint against the University of North Carolina at Chapel Hill on January 17, 2013, alleging that the university discriminated on the basis of sex in violation of Title IX of the Education Amendments of 1972. Specifically, the complaint alleged that the university failed to maintain appropriate policies and grievance procedures that provided for the prompt and equitable resolution of complaints of sexual hara…

The United States Department of Education, Office for Civil Rights (OCR) received a complaint against the University of North Carolina at Chapel Hill on January 17, 2013, alleging that the university discriminated on the basis of sex in violation of Title IX of the Education Amendments of 1972. Specifically, the complaint alleged that the university failed to maintain appropriate policies and grievance procedures that provided for the prompt and equitable resolution of complaints of sexual harassment, including sexual violence, and that the university failed to promptly and equitably respond to complaints of sexual harassment, including sexual violence, of which it had notice.

OCR opened an investigation to resolve five legal issues: 1) whether the university complied with Title IX requirements regarding the designation and notice of a Title IX coordinator; 2) whether the university complied with Title IX requirements regarding the publication of an appropriate notice of non-discrimination; 3) whether the university's written sexual harassment and sexual violence policies and procedures complied with Title IX; 4) whether the university provided a prompt and equitable response to complaints of sexual harassment and sexual violence of which it had notice; and 5) whether the university's failure to provide a prompt and equitable response to complaints of sexual harassment and sexual violence resulted in a sexually hostile environment that denied or limited the ability to participate in or benefit from the University's program.

OCR determined that the university had designated a Title IX coordinator in compliance with Title IX. The university also corrected its notice of non-discrimination to appropriately identify the Title IX coordinator during the course of the investigation. OCR found that the university's written policies and procedures generally failed to satisfy required elements, including: providing notice to students and employees of the procedures; application of the procedures to complaints alleging discrimination or harassment carried out by employees, students, and third parties; investigations that provided equal opportunity to all parties and written notice of the outcome; and an assurance that the university would take steps to prevent further harassment and to correct its discriminatory effects where appropriate. OCR further found that some staff members were not adequately trained for the university to implement its own procedures.

With regard to individual claims of sexual harassment, OCR found that the university's own records from the time period in question suggested improper action, or inaction, by the university and its staff at different levels of the complaint process. Additionally, the university's inadequate record-keeping made it difficult to determine the extent of any noncompliance during this period.

The university entered into a voluntary Resolution Agreement to resolve its Title IX violations and compliance concerns on June 21, 2018. The university agreed to continue to review and revise its Title IX policies and procedures, as necessary. It also agreed to provide reports of its updated policies and procedures to OCR. The university was also required to update its system for documenting Title IX complaints and reports. Finally, the university agreed to augment its existing Title IX training and professional development with information about the revised policies and procedures. Both parties agreed that OCR would continue to monitor the university's progress until it was in full compliance with Title IX.

Summary Authors

Elizabeth Heise (12/10/2018)

Documents in the Clearinghouse

Document

11-13-2051

Resolution Agreement

June 21, 2018

June 21, 2018

Settlement Agreement

11-13-2051

Letter of Findings

June 25, 2018

June 25, 2018

Findings Letter/Report

Resources

Docket

Last updated Aug. 30, 2023, 2:46 p.m.

Docket sheet not available via the Clearinghouse.

Case Details

State / Territory: North Carolina

Case Type(s):

Education

Key Dates

Filing Date: Jan. 17, 2013

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Students at the University of North Carolina at Chapel Hill who alleged that the university failed to promptly and equitably respond to complaints of sexual harassment, including sexual violence.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: Unknown

Filed Pro Se: Unknown

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

University of North Carolina at Chapel Hill (Chapel Hill, Orange), State

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

Source of Relief:

Settlement

Form of Settlement:

Private Settlement Agreement

Order Duration: 2018 - None

Content of Injunction:

Develop anti-discrimination policy

Implement complaint/dispute resolution process

Reporting

Monitoring

Training

Issues

General:

Assault/abuse by residents/inmates/students

Failure to train

Discrimination-basis:

Sex discrimination