As a new academic year starts up, Dartmouth finds itself in the throes of what may be a long Title IX investigation pursued by the Department of Education. The investigation, which began in May, placed Dartmouth in the company of many universities across the country also under federal review, including Harvard Law School, Princeton University and the University of North Carolina.
Jim Bradshaw, spokesman for the Office of Civil Rights within the Education Department, told Bloomberg in July that the investigation pertains to sexual harassment grievance procedures, College handling of sexual harassment claims and the designation of a Title IX coordinator.
The investigation began after several Dartmouth students and alumni filed a complaint against the College, claiming that it violated the federal Clery Act. The complainants asserted that the College underreports instances of sexual assault, hazing and bullying. Though usually a Title IX complaint instigates a Title IX investigation, Dartmouth's Title IX investigation was initiated without a formal complaint.
Bradshaw told Bloomberg that the Education Department selects compliance review sites based on various sources, including media coverage, complaints, statistical and demographic data, parents and education groups.
"The Department of Education's Title IX compliance review of Dartmouth is ongoing," media relations director Anderson said. "The College is cooperating with the review."
Dartmouth Title IX coordinator Evelynn Ellis deferred comment to Anderson. General Counsel Robert Donin did not respond to an email request for comment.
Allison Kiss, executive director at the Clery Center for Security on Campus, said most colleges undergoing Title IX investigations do not disclose investigation details until the process ends. The federal government makes the findings public after the evaluation is complete."I would say if you're undergoing investigation, cooperation is the first priority," Kiss said. "An investigation determines if there is something to be concerned about. Based on the outcome, it would make more sense to comment or to share with the public after the findings come out."
Colby Bruno, senior legal counsel at the Victim Rights Law Center in Boston, said schools that have faced investigations are often found to be mishandling sexual assault, either by underreporting crime or failing to implement a Title IX-compliant policy. Some schools have been found to provide an appeals process for one party and not the other.
"There are a whole host of things that could go wrong," Bruno said. "It's a bit of a minefield but schools have clear guidance and there are places they can go to get clear guidance on what to do in a particular situation."
One of those places is the Dear Colleague Letter on Sexual Violence, released by the Office of Civil Rights in April 2011. This 19-page document provides direction on how schools should properly handle cases of sexual assault. The letter broadly discusses procedural requirements for sexual assault cases, remedies and enforcement. It also touches on more nuanced issues such as guidelines for Title IX coordinators, the desire for a "prompt and equitable" resolution to the conflict, and how to notify parties of the outcome of the sexual assault probe. With this letter, as well as advocacy centers designed to clarify Title IX policy for universities, Bruno said schools that violate Title IX have little room to deny wrongdoing.
"A majority of schools know what their obligations are," Bruno said. "If you aren't doing the right thing at this point, I would say you're either deliberately negligent or intentionally not following the law."
Although there is no prescribed timetable for Title IX investigations, Kiss said they can last a number of years. Yale University recently faced a Title IX investigation that lasted 15 months and resulted in a resolution agreement. Yale is required to release an annual campus assessment on sexual assault to the Office of Civil Rights until May 2014, a typical outcome for Title IX investigations, Kiss said.
"We generally see a lot of continuing resolutions where there are recommendations made, and the university can agree to implement what those recommendations are," Kiss said. "That might be hiring new staff, putting in new programs, or reviving specific policies."
Generally, those involved on the school side in Title IX investigations are school administrators specifically the Title IX coordinator, Dean of Students, the person in charge of recording Clery numbers and other policy makers.
Bruno stressed the need for transparency from universities during and after the Title IX investigation, adding that more parties other than administrators need to be involved in changing policy following federal action.
"As a campus, you get more buy-in from students and faculty if you involve them, so to me it makes a better practice to involve them and not hide behind one person in charge," Bruno said.
The Education Department is currently pursuing 91 Title IX investigations, according to The Chronicle of Higher Education. Twenty three of those cases relate to sexual misconduct, including those against Dartmouth, the University of Southern California and Cedarville University.
Dartmouth has three general avenues through which students may pursue sexual assault complaints. A student can file a complaint with the Hanover Police Department, which can lead to a criminal trial. The student can also seek damages through a civil legal process.
Secondly, a student may chose to go through Undergraduate Judicial Affairs, which is within the College. In coordination with Safety and Security, the College investigates the claim and decides whether to charge the alleged perpetrator.
Students can also report incidents to their deans or to Sexual Abuse Awareness Program counselors without prompting further action against an alleged perpetrator.
Depending on what the student wants, these advisors can forward the complaint to judicial affairs or just record the complaint in the College's Clery report.
Undergraduate judicial affairs director Leigh Remy declined to comment on what method or methods are utilized most often. Remy said most institutions talk with students about their right to proceed with legal action.
While investigations continue, Kiss said campus climate will be affected in a way oriented towards awareness and introspection.
"Regardless of where the investigation goes, I think it gives the university an opportunity to step back and say, Let's look at our culture and our climate,' and if a complaint is filed, What triggered that and how can we address it?'" Kiss said. "It really presents an opportunity to react to whatever the findings are, but also to be proactive in other areas."
