Case: Department of Education OCR Title IX Investigation of Xavier University

15-12-2048 | No Court

Filed Date: Nov. 15, 2011

Closed Date: Feb. 7, 2012

Clearinghouse coding complete

Case Summary

Three students filed complaints against Xavier University with the Office for Civil Rights (OCR). One complaint (15-12-2018), filed on November 15, 2011, alleged that the university failed to respond appropriately when a female student reported that she was sexually assaulted and then stalked by a male student. The complaint also alleged that the university failed to follow its own written procedures or the procedural requirements of Title IX in addressing allegations of sexual harassment or as…

Three students filed complaints against Xavier University with the Office for Civil Rights (OCR). One complaint (15-12-2018), filed on November 15, 2011, alleged that the university failed to respond appropriately when a female student reported that she was sexually assaulted and then stalked by a male student. The complaint also alleged that the university failed to follow its own written procedures or the procedural requirements of Title IX in addressing allegations of sexual harassment or assault. A second complaint (15-12-2048), filed on January 25, 2012, made similar allegations, and further alleged that the university did not follow through with the sanctions it imposed on the perpetrator for his conduct code violation, and did not take reasonable steps to prevent and eliminate sexual harassment of which it was on notice. Because the two complaints were substantially similar, as was a third complaint against the university the OCR was already investigating (15-11-2017), the OCR combined the three complaints into one investigation (15-12-2048) and administratively closed the other two on February 7, 2012.

The merged complaint alleged that the university failed to promptly and appropriately respond to allegations of sexual harassment, thus allowing a sexually hostile environment against female students to continue at the university, and that the university does not have Title IX grievance procedures. Based on the allegations of the merged complaint, the OCR investigated two issues, whether the university failed to promptly and appropriately respond to alleged sexual harassment in violation of Title IX, and whether the university had adopted and published grievance procedures providing for the prompt and equitable resolution of student complaints of discrimination on the basis of sex.

The university voluntarily entered into a Resolution Agreement on July 23, 2012. The Resolution Agreement required the university to submit revised Title IX grievance procedures to OCR by October 31, 2012, and update its procedures to comply with Title IX. The university was also required to provide training on sex discrimination and the university's responsibilities for the Title IX coordinator and other relevant university personnel, pay for counseling costs of one of the complainants, and to develop a pamphlet containing resources and information for students. The university agreed to submit documentation to OCR concerning its implementation of the agreement, and OCR continued to monitor the agreement until the university had fully complied.

The investigation has been closed, although the OCR's letter of findings has not been made public.

Summary Authors

Elizabeth Heise (11/23/2018)

Documents in the Clearinghouse

Document

15-12-2018

[Notification letter for Xavier University]

Dec. 8, 2011

Dec. 8, 2011

Notice Letter

15-12-2018

[Notification letter and data request for Xavier University]

Dec. 8, 2011

Dec. 8, 2011

Notice Letter

15-12-2048

[Notification letter for Xavier University]

Feb. 7, 2012

Feb. 7, 2012

Notice Letter

15-12-2048

15-12-2018

[Notification letter for Xavier University]

Feb. 7, 2012

Feb. 7, 2012

Notice Letter

15-12-2048

15-11-2117

[Notification letter for Xavier University]

Feb. 7, 2012

Feb. 7, 2012

Notice Letter

15-12-2048

15-12-2018

15-11-2117

[Notification letter and data request for Xavier University]

Feb. 7, 2012

Feb. 7, 2012

Notice Letter

15-12-2048

Resolution Agreement

July 23, 2012

July 23, 2012

Settlement Agreement

Resources

Docket

Last updated May 11, 2022, 8 p.m.

Docket sheet not available via the Clearinghouse.

Case Details

State / Territory: Ohio

Case Type(s):

Education

Key Dates

Filing Date: Nov. 15, 2011

Closing Date: Feb. 7, 2012

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Students who experienced sexual assault or harassment while students at Xavier University.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: Unknown

Filed Pro Se: Unknown

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Xavier University (Cincinnati, Hamilton), Private Entity/Person

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

Availably Documents:

Injunctive (or Injunctive-like) Relief

None of the above

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Source of Relief:

Settlement

Form of Settlement:

Private Settlement Agreement

Order Duration: 2012 - None

Content of Injunction:

Discrimination Prohibition

Implement complaint/dispute resolution process

Monitor/Master

Reporting

Training

Issues

General:

Counseling

Language access/needs

Record-keeping

Discrimination-basis:

Sex discrimination

Affected Gender:

Female