Thursday, May 1, 2014

Government Releases Names of Schools in Title IX Probes -- 2nd Update - Wall Street Journal



By Erica E. Phillips and Douglas Belkin

The federal government on Thursday took the unprecedented step of releasing the names of 55 colleges and universities under investigation for their handling of sexual violence or harassment complaints. On the list are some of the most prestigious schools in the nation, such as Harvard, Amherst and Princeton.


Schools' handling of such cases has come under increased scrutiny as the ratio of women to men on college campuses has increased to 1.4 to 1, and as recent studies have shown that one in five college women had experienced an attempted or completed sexual assault in college.


Starting in 2011, the Obama administration began demanding greater attention to these attacks. A growing number of campaigns and federal complaints have amplified those demands.


"We are making this list available in an effort to bring more transparency to our enforcement work and to foster better public awareness of civil rights," Catherine E. Lhamon, assistant secretary for civil rights at the U.S. Department of Education, said in a statement. "We hope this increased transparency will spur community dialogue about this important issue."


Ms. Lhamon said a school's presence on the list doesn't mean it has violated the law but that an investigation of complaints is underway.


The schools named range from big public universities like Arizona State University to small liberal-arts schools like Swarthmore College in Pennsylvania. Three Ivy League schools and the University of Chicago are also on the list.


Many of the schools responded to the announcement by saying they take the allegations seriously and are evaluating their sexual-assault policies and procedures.


In a statement, Harvard University said it has hired staff to focus specifically on Title IX issues, a move that "will significantly enhance how Harvard responds to incidents of sexual misconduct among University students, faculty and staff."


A spokesman for Indiana University said the school was "disappointed in the way this was characterized" by the Education Department. In Indiana's case, no Title IX complaint had been filed against the university, Mark David Land said in an email Thursday. The school is simply "participating in a review of its practices and policies regarding sexual harassment," he said.


In April 2011 the Obama administration issued aggressive new guidance on how schools should handle sexual violence under Title IX, which prohibits gender discrimination at schools that receive federal funds. The interpretation of the law reminded schools that sexual violence is a form of gender discrimination, schools are responsible for handling allegations in a "prompt and equitable" manner, and investigations must be "adequate, reliable, and impartial."


Some victims alleged that not all schools complied, and a loose network of students formed and began filing a series of complaints with the federal government. Annie Clark, a graduate of the University of North Carolina at Chapel Hill and a victim of sexual assault, connected with other survivors and filed complaints last year. Then she helped create an organization called Know Your IX, which has assisted other college assault victims file suits around the country.


She called Thursday's announcement "a step toward the right direction in terms of transparency." But she urged the Education Department to proceed with caution.


"Publicly announcing which schools are under investigation, particularly at small schools, opens survivors up to retaliation, and it's important [to] be mindful of that," she said.


Beyond the uptick in the number of women on campus, the pressure to go after sexual-assault crimes has been fueled by a new generation of science highlighting just how widespread sexual predators are on campus, said Peter Lake, director of the Center for Excellence in higher Education Law and Policy at Stetson University.


The second critical driver is politics. "Educated young women are an important demographic for the Democrats, and they are lining up to be the voice on this and get that support," Mr. Lake said.


According to a 2007 study commissioned by the U.S. Department of Justice, 19.8% of undergraduate seniors surveyed experienced a completed sexual assault while in college. Dr. Christopher Krebs, one of the authors of the study, said "there's a lot of room for improvement in what colleges and universities are doing," but the heightened attention to the issue on campuses now is a good thing.


In January, the White House created the Task Force to Protect Students from Sexual Assault. On Tuesday, Vice President Joe Biden held a news conference on the findings.


"Colleges and universities need to face the facts about sexual assault," he said Monday. "No more turning a blind eye or pretending it doesn't exist."


The task force produced a report urging college officials to take preventive action, such as establishing "bystander intervention programs" to encourage student witnesses to come forward, and improving confidentiality and clarity in reporting and disciplinary policies.


Write to Erica E. Phillips at erica.phillips@wsj.com and Douglas Belkin at doug.belkin@wsj.com


Corrections & Amplifications


The Education Department is conducting investigations at 55 colleges and universities after victims of sexual assault filed formal complaints with the department alleging their schools had violated Title IX and had mishandled their reports of sexual assault on campus. An earlier version of this article incorrectly referred to the complaints as lawsuits. Annie Clark's organization is called Know Your IX; an earlier version of this article mistakenly identified it as Know Your Title IX.









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